HomeMy WebLinkAbout20- Findings of Fact and Order - Bridger View Redevelopment PUD 19464 Page 1 of 50
19464 City Commission Findings of Fact for the Bridger View
Redevelopment Planned Unit Development (PUD)
Date: City Commission Public Hearing, May 18, 2020, at 6:00 pm held via WebEx.
https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938-e3076c4c32ec&prefilter=654,3835
Project Description: A Preliminary Planned Unit Development (PUD) application to allow a residential development with relaxations to subdivision and zoning regulations to numerous dimensional standards, street design, utility easements, and a request for concurrent construction. The application includes a concurrent subdivision of three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District).
Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger View Mobile Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (R06E), P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions and code corrections
Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19464 and move to approve the Bridger View Redevelopment Planned Unit Development application subject to conditions and all applicable code provisions.”
Action Date: May 18, 2020
Staff Contact: Tom Rogers, AICP, Senior Planner
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EXECUTIVE SUMMARY
Unresolved Issues 1) There are no unresolved issues on this application.
Project Summary The property owner and applicant made application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The development proposes the construction of 63 residential living units (including the common house) on 57 lots, parking structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 units on the subject property. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The project’s stated development intent is to create a “lasting and livable” neighborhood. Bridger View Redevelopment, with a net density of 7.9 houses/acre gross and 20 units/acre net due to the high proportion of open space, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City’s Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City’s Affordable Housing Ordinance at the “lower income” bracket of 70 percent AMI or less for a total of 62 residential units. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique characteristics. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 3 of 50 The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the Development Review Committee (DRC) found the application sufficient for continued review containing detailed documentation necessary for review. The Design Review Board (DRB) reviewed the application on March 11, 2020. The Design Review Board is the design review advisory body to the City Commission on this application and is required to make a recommendation to the City Commission. The Design Review Board reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. Summary of discussion: Better understand long term management scheme and how cost will be shared by development Comment proposed housing types are permitted today, builders are not building them however. Lots of discussion about “constraints”. There are some staff does not agree they are paramount. Require Affordable Housing (AH) form to be completed and packaged as described. Status of Story Mill park parking and drive. Emergency route is only between the two parking areas. The trail is hardscaped and wider in this area. Market rate homes are like any other home with a POA. The attainable units have restrictions limiting sale price. How will the 2nd-3rd generation deal with the vast price difference? Is this the right location for such a development? Long way from most goods and services.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 4 of 50 If the concept works, why do we have the standards we have for lots, easements, trash collection, emergency services, etc. Code provision an Affordable Housing (AH) form is required. Please prepare a complete form and submit 45 days prior to final plat submittal for review and possible approval. Pursuant to section 38.240.150.A.3.b, BMC, the Bridger View Redevelopment covenants must be submitted to the city attorney's office At least 30 working days prior to submission of the final plat application to the community development department. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=401196c6-4f8f-4abd-bd8e-f89363d1f44b&prefilter=654,3835 The City has received public comment on this application. Currently all comment is in support of the application. Public comment on this matter can be found at: http://weblink.bozeman.net/WebLink8/0/fol/210594/Row1.aspx. The City Commission held a public hearing on the application on May 18, 2020. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/18/2020 https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d-a938-e3076c4c32ec&prefilter=654,3835 Public comment was received on the application at the public hearing.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ........................................................................ Error! Bookmark not defined.
SECTION 1 - MAP SERIES .................................................................................................... 6
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................. 19
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 20
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 23
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 25
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 47
APPENDIX B – PROJECT BACKGROUND ....................................................................... 47
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 49
APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT ........................................... 49
ATTACHMENTS ................................................................................................................... 50
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SECTION 1 - MAP SERIES
Zoning classification
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Future Land Use Designation
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Current Land Use
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Farmhouse Type – 2 bedroom
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Farmhouse Type – 3 bedroom
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Bungalow Type – 1 bedroom
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Bungalow Type – 2 bedroom
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Parkside Type
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SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow “Common House” on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.C Lot coverage & setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. 5. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. 10. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. 11. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 20 of 50 13. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14. Section 38.410.060.C Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 16. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. 18. Section 38.550 Landscaping. The application requests an alternative landscape plan
requesting deviations from the planting groups and performance point system. The City
has removed those standards and replaced with the current system. However, this
deviation is required because the developer must vary the species planted because the
proposed utilities are in conflicts with root balls, mature growth heights, and other
conflicts. 19. Section 38.570 Lighting. The application requests an alternative lighting plan. The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all 19 relaxations with the adoption of the staff analysis
and findings below for justification, and conditions of approval.
SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 21 of 50 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners’ association documents as approved: a. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow “Common House” on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. b. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. c. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. d. Table 38.320.030.C Lot coverage & setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. e. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. f. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. g. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). h. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. i. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. j. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. k. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. l. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 22 of 50 m. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. n. Section 38.410.060.C Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. o. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. p. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. q. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. r. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts s. Section 38.570 Lighting. The application requests an alternative lighting plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 5. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant’s request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it, the new location of this utility easement must be shown on the final plat and final PUD plans. 6. Public access easements must be shown and accurately dimensioned for all publicly accessible open space areas prior to final planned unit development plan approval. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 8. Section 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 23 of 50 diagram and be recorded simultaneously with the Final Plat. Alternatively include “Public Common Open Space” shown on the face of the Plat. 9. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger View Redevelopment Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in Section III of the Bridger View Redevelopment Design Guidelines and Individual Lot Plans. Lot owners are advised that these are specific to the Bridger View Redevelopment Planned Unit Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger View Redevelopment Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards requires an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork Way, and Fourhouse Way, including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plan approval.
SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The Property Owners’ Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 24 of 50 2. BMC 38.550.050.I. Irrigation plans are required to be submitted with the townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment Property Owners’ Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 5. BMC 38.270.030.D for concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 6. BMC 38.350.050.B zero lot lines. A legal written agreement for access and maintenance recorded at the county clerk and recorder is required for all lots with single-household detached structures. 7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met; and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 25 of 50 Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 8. BMC 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat. Alternatively include “Public Common Open Space” shown on the face of the Plat.
SECTION 5 - ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy Yes. The recently approved Growth Policy (Application No. 19104) amendment and rezoning (Application No. 19105) created a foundation for residential development on the subject property. The future land use designation is Residential Emphasis Mixed-Use and is zoned R-3 (Medium Density Residential District). Table C-16 of the Bozeman Community Plan shows R-3 zoning as implementing districts of the Residential Emphasis Mixed-Use classification. The proposed use is residential with the exception of the common house. Four residential home types are proposed including single home detached, two attached unit, two attached with a basement walkout unit on the park side grade level, and three attached structures. A variety of smaller footprint and total square footage is proposed. The project is in conformance to and consistent with the City’s adopted growth policy, the Bozeman Community Plan, including the following goals and objectives:
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Goal C-2: Community Circulation — Create a circulation system both vehicular
and pedestrian that is fully connected, integrated, and designed for ease of use. The layout and design of the circulation system is designed for residents and internal use. There are few accesses into the site due to adjacent parks and highways. Reducing road width and combining users will create a more intimate space and reduce vehicular speeds and decrease “cut through traffic.” It does not promote the City’s overall goal of providing a complete network of grid streets for all users. “Woonerf” cross sections are more subject to blockage than standard configuration streets. Applicants have limited the number of homes accessing each of the “woonerfs” to help mitigate this condition. Blue Silos Way and the pedestrian connection entering a parking lot serving as the primary corridor through the site may not encourage non-residents to feel welcome or encourage utilization of the network. There are existing constraints with the site that limit a full street grid including Story Mill Park to the west and the open space trail corridor adjacent to Story Mill Road.
Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and
site plans and provide connectivity between developments and major
destinations for both the pedestrians and vehicles, including human powered
vehicles. Similar to the discussion for Goal C-2 above, the street grid and pedestrian circulation system designed does not accommodate shared transportation systems including vehicular travel lanes, pedestrian areas, bike lanes, and other alternatives. The developer is providing a connection to the western edge of their property for future connections to the west and south as the area develops. This connection, however, will serve future development and Story Mill Park and will bypass Bridger View Redevelopment. Applicants have provided primarily non-motorized access to portions of the project. Pedestrian connection is more extensive than for motor vehicles.
Objective C-2.5: Explore and encourage innovative parking solutions for both
residential and commercial projects including parking best practices, expanded
parking districts, cash in lieu of parking, and design guidelines for structured
parking. Bridger View Redevelopment is proposing an innovative parking scheme for the development. Shared parking areas mixed throughout the site will provide the majority of required parking. Additional parking is provided on site for a number of the residential units. Finally, the application proposes using on-street parking to meet minimum parking requirements. Pursuant to section 38.540.050.A.1.a(1), BMC, “One parking space for each 24 uninterrupted linear feet of available street frontage usable
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Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl. The Bridger View Redevelopment intends to create a unique neighborhood for future residents to revitalize the previous Bridger View mobile home park. Each residential unit type has been predesigned as shown above in Section 1 and will be smaller in size than typical in new subdivisions. This is an unusual approach for a subdivision and will aid in creating a different character from most parts of the City. The site is served by City services including water, sewer, transportation infrastructure, park adjacency, and to the greater trail network such as the Path to the M. The development has a distinct sense of place, this project contributes to an existing and expanding mixed use area and allows people to live in close proximity to work, public and private basic services and minimizes sprawl.
Objective LU-1.4 Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the
existing development which surrounds it. Respect for context does not
automatically prohibit difference in scale or design. This project revitalizes a previous residential area with amenities and focused on smaller homes. The context includes a variety of land uses including larger lot detached residential, townhomes, industrial, commercial, park and open space, and the former Story Mill site. The overall gross density of the project is within the range required and allowed in the R-3 district.
Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent
with the City’s adopted standards. This project revitalizes an underutilized property adjacent to a significant public recreational amenity, the Story Mill Community Park.
Objective LU-4.3: Encourage the creation of well-defined residential
neighborhoods. Each neighborhood should have a clear focal point, such as a
park, school, other open space or community facility, and shall be designed to
promote pedestrian convenience.
To this end, the City shall encourage the use of historic Bozeman neighborhoods,
including a significantly interconnected street system, as models for the planning
and design of new residential neighborhoods.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 28 of 50 Bridger View Redevelopment primary purpose is to create a unique neighborhood with a community land trust and provide housing ownership types not typically constructed to offer a variety of housing price points. The proposed design has an unusually high degree of interdependence with shared open spaces, an unusual circulation system, and limited building sizes and designs. These features will create an unusual character that will help define this neighborhood. The development is within the City service area and is adjacent to existing roads. Transportation infrastructure improvements will improve connectivity to the greater community. Adjacency to the Story Mill Park provides the focal point to meet this objective. Extension of Hillside Lane will provide additional pedestrian access to the park from the east.
Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a moderate net residential density, while adding to public open space and trail network that can be used by the entire community.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in
type, density, cost, and location with an emphasis on maintaining neighborhood
character and stability. This project provides additional quality housing at a medium density in an area that only includes a small residential low density subdivision, light industrial, and commercial uses. A mix of housing types is provided in the Bridger Creek and Legends subdivisions further north on Story Mill Road. This project will add to the neighborhood character and the stability of this area. The applicants have prepared an unusually high degree of building design and site integration compared with other recent subdivisions in the City. A diversity of housing types is provided. Given the small size of the development no large areas of single type housing is created. The proposed community land trust is an unusual feature of this development. It provides a rarely available tool to provide oversight on the project and encourage maintenance of housing quality for homes once constructed. Residential uses provide an insular design to focus on the character of the development. For more information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property.
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3. Conformance with all other applicable laws, ordinances, and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the R-3 district. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the preliminary and final plat, dedication of the streets and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. The development is owned and managed by the HRDC with prescribed design standards, operational contingencies, and development strategy and schedule. Nineteen subdivision and zoning standards are modified as described in Section 2 to achieve the desired outcome. A PUD allows an applicant to propose alternate standards for a development. This flexibility must be, and has been with this application, coupled with tools to address issues that may arise from not following the normal standards of the municipal code. Examples from this case include unusual street sections and common open spaces coupled with a community land trust and unique maintenance obligations and funding. If both the PUD relaxations and the conditions of approval are approved, the development meets standards through the alternate compliance method allowed for a PUD. See further discussion on PUDs below.
4. Conformance with special review criteria for applicable permit type as
specified in article 2
Yes. The CUP and PUD criteria are reviewed below. The project meets the requirements and
criteria as presented with conditions of approval and applicable code provisions.
5. Conformance with the zoning provisions of article 3, including permitted uses,
form and intensity standards and requirements, applicable supplemental use
criteria, and wireless facilities and/or affordable housing provisions if applicable Yes. The residential use is permitted in the R-3 district. Unlike many communities, the City of Bozeman does not regulate minimum home size (the International Building Code does have minimum habitable space standards which are met) deferring to individual preferences within an open housing market to establish house size. The City encourages well designed smaller homes in all residential districts. See the intent statement for the R-3 zoning district in Appendix B. The purpose of the development is to provide a mix of housing types and price points including lower priced homes by restricting the size of homes, predesigning the homes to create efficiencies of scale in architectural services, and creating a land trust to insure
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 30 of 50 the homes within the land trust are sold at desired prices. The project triggers compliance with the City’s affordable housing ordinance. Five units, the minimum, will be sold at the “Lower Priced” alternative with the remainder to be paid as cash-in-lieu. Please refer to the affordable housing plan for more information. As noted in the deviations request list above lot size, road width and construction standards, setbacks, permitted encroachments, parking configuration, and other adopted standards are altered with this plan. Lot coverage and building heights comply with standards. Table 38.320.030.A details lot area for residential districts. The table shows standard City lots vary from 4,000 square feet for single-household lots to 2,500 for affordable townhomes and rowhouses. Bridger View Redevelopment proposes reducing lot size to a range between 3,650 to 1,700 square feet. Analysis shows City standard lots would allow similar number of units on the property without relaxations to lot size assuming no parkland dedication. This project is meeting park requirements by improvements to the adjacent Story Mill Park as is allowed for all subdivisions. Rather than have private front and rear yards the area cleaved off is aggregated into public open spaces dispersed throughout the site. This provides an unusual configuration of shared spaces rather than individual yards controlled by individual lot owners. Use of the shared spaces will be controlled by the property owners association. Applying a public access easement bumps the value of the PUD performance points from providing open spaces by 25%. The application must provide a minimum of 20 points and is providing 22.5 points of the total 30.5 points achieved with this application.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions,
and park and recreational requirements Yes. Planned Unit Development procedures allow for creative alternatives to City standards. An extension of Hillside Lane is required to be constructed with this project and will be constructed to a City standard and within standard right-of-way width. Internal rights-of-way width and street cross sections are modified with additional pedestrian pathways to supplant standard road width and sidewalks for circulation. Alternative sidewalk widths will be utilized. Similarly, easements and lot sizes are modified to create the desired sense of place. See discussion above on the proposed character of this development. Internal roadways and pathways will be dedicated to the public or provide public access through easements. All roads, open spaces, landscaping, and infrastructure, except for water and sewer service, is maintained by the Property Owner Association
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 31 of 50 (POA). As such higher than normal POA fees are required to financially support this construct. A funding mechanism is proposed with the development that is described in the POA documents. The obligations for maintenance elevate the importance of a functional and well managed POA. Conditions of approval regarding the POA are proposed in the associated subdivision application approval will facilitate the POA in meeting its obligations. The applicant has requested a waiver from level of service (LOS) for intersections for Bridger Drive and Story Mill Road. The Director of Public Works has the authority to determine whether or not to grant this waiver based on specific circumstances. The applicant proposes providing cash-in-lieu of parkland dedication to meet the state required parkland dedication. The proximity of Story Mill Community Park and adjacent pathways are conducive to this alternative. The Bozeman Parks and Recreation Department and the Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee are supportive of the proposed park improvements plan. Parkland dedication in the R-3 zone is capped at 12 dwelling units per NET acre. The creation of shared open spaces and smaller individual lots changes the calculation for net density. In summary, a total of 1.103 acres or equivalent is required to satisfy required mitigation of park impacts. The equivalent cash or improvements in-lieu are valued at $76,875. The applicant is providing an improvements in lieu plan valued at $98,052.98. The application is therefore voluntarily exceeding required mitigation by approximately 27%. Parking is being met by on and off-site parking facilities and connected with the pedestrian connections. Minimum parking requirements are met. However, the location is atypical and requires a deviation to allow individual parking structures to be located on separate tracts of land and is included at “relaxation No. 1”. Access standards require lot frontage adjacent to a public street for each residential unit to meet the state requirement for legal and physical access to all lots in a subdivision. Not all lots meet this standard; therefore, a deviation is required to provide an alternate means of legal and physical access. Access is provided by a series of pedestrian walkways and modified “woonerf” streets sections. The proposed subdivision exceeds block length and width standards. An alternative design standard is to separate blocks with pedestrian pathways with a minimum 25 foot public access easement. The applicant proposes reducing the easement width and the associated building setbacks through the PUD. Public utilities are subject to modification as well. City standard easement width for sewer lines is 30 feet. This size provides separation from adjacent buildings and enables
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 32 of 50 access for maintenance equipment. The applicant is proposing a 25 foot wide easement on the north side of the property.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the site and
adjacent neighborhoods and other approved development; design and
arrangement of the elements of the plan; landscaping; open space; lighting,
signage; The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. See discussion in various criteria above. Individual residential and attached dwellings with up to four units per building are not subject to the design guidelines in Article 5. However, building materials, building quality, architectural integration, neighborhood identity, and orientation of parking and service areas do apply. The landscaping plan meets standards with deviations. The design of the site plan is in harmony with the existing natural topography and water bodies and existing vegetation. Grade is integrated into the siting of the homes and drainage. Deviations are required in order to meet requirements of BMC 38.360.240, the special standards for townhouse and rowhouse dwellings. Each unit meets access standards, usable open space, and building design. Building mounted lighting is proposed for the townhomes and meets code standards. No signage is proposed at this time.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and if the
development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with
public access to and use of that area Yes. There are no known wetlands, watercourses, or critical wildlife habitat on the subject property. An existing multi-use pathway is on the adjacent property to the east. The “M” trail is integrated into the common open space lot No. 5 sandwiched between the individual houses and Bridger Drive on the north side of the property. The applicant proposes using Low Impact Design (LID) to improve stormwater retention and detention and gain performance points towards the PUD. The stormwater
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 33 of 50 system exceeds code standards. The development is adjacent to a public park and provisions have been made in this development to allow public access to the development’s open space areas and circulation system. Extension of Hillside Lane will provide an additional point of access to Story Mill Park.
9. Conformance with the natural resource protection provisions of article 4 and
article 6 Not applicable.
10. Other related matters, including relevant comment from affected parties Public comment has been received. The formal public comment period will commence prior to the City Commission hearing which is tentatively scheduled for May 18, 2020. All comments can be reviewed at the following link: http://weblink.bozeman.net/WebLink8/0/fol/210594/Row1.aspx.
11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title, whether the
lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause one or
more elements of the development to become nonconforming The City has reviewed this criteria and finds that the associated subdivision provides for the common spaces, circulation systems, and other features needed to satisfy this criterion.
12. Phasing of development Site plan phasing provisions do not apply to this application. The subdivision proposes three phases to complete the development. Each phase must support all necessary infrastructure, parkland, opens pace, circulation, and other associated components to be approved. As proposed the phasing scheme meets standards. A subdivision application is being reviewed concurrent with the PUD.
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Conditional Use Permit Review Criteria, Section 38.230.110, BMC. E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading
and landscaping are adequate to properly relate such use with the land and uses
in the vicinity; The site is adequate. The proposed buildings and parks and open space enhance the neighborhood. The open space and internal vehicular and pedestrian circulation system is highly orchestrated to meet the needs of future residents. Lot area and parcel size and density analysis indicates the base City standards would achieve the same gross and NET residential density as the applicant proposes with the alternative design. The area gained by reducing size lots size and setbacks are transferred to the open space and use to meet performance point for the PUD. However, the typical lot would keep the open space private while the Bridger View Redevelopment’s open space will have public access easement to allow free movement of residents and the general public. The 62 residential lots consume 132,466 square feet. Standard City lots with the same number of affordable lots and townhouse types require 202,500 square feet for a difference of 70,034. The common lots and common open space lots consume an additional 36,510 and 108,475 square feet respectfully. Required parkland equals 48,050 square feet. Staff is unclear how accessible the open space will feel to those who do not reside within the development. Narrower corridor traversing parking areas, entrances to private homes, service areas that do not connect to a destination may not create a fully connected system.
2. That the proposed use will have no material adverse effect upon the
abutting property. Persons objecting to the recommendations of review bodies
carry the burden of proof; No adverse impacts to abutting properties have been identified. Residential use is a permitted use in the R-3 zone. Proposed densities are well below what is permitted by right within the district and below what was previously established.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 35 of 50 Infrastructure improvements will enhance the safety for cyclists, and the new sidewalks will encourage non-motorized access to the site which promotes public health and safety. General welfare will be promoted through smaller homes and new residential townhomes which will provide a variety of housing options for area residents. Park adjacency may promote general welfare by providing an expansion of recreational opportunities for residents. The residential development serviced by the existing municipal sanitary sewer and water systems promotes public health by protecting groundwater from degradation. Stormwater will be managed in LID retention facilities to filter out sediment and treat runoff.
3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may
include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner. The plans include design standards to ensure the desired outcome in character, provisions for maintenance and replacement of infrastructure, maintenance of landscaping, purchase and sale within the community land trust structure, and
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 36 of 50 requirements of DRC review and the proposed covenants and design guidelines associated with the project will address these areas.
F. In addition to all other conditions, the following general requirements apply
to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use
permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building
permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final plat.
Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique character. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. The application is seeking waivers from a wide variety of developments standards to create a unique neighborhood. The uniqueness includes restrictions on the manner in which individual owners will be able to use the lots, an unusually high degree of overall architectural design and open space coordination in the development, and unusual street configurations with associated maintenance obligations. The review criteria are intended to ascertain whether or not the stated outcome is achieved. In addition, functional and
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 37 of 50 financial realities exist. In this case the applicant suggests that the following items offset the 19 PUD alterations and enable to the future development to work during the development cycle and over the long term: a. Development of the site from conception to construction, occupancy, and long term management is from a single entity rather than separation of the subdivider and builder, the building of homes by one builder rather than multiple parties as is common in other subdivisions, and eventual removal of the subdivider from any future operation of the subdivision. b. All structures including residential units, common house, and common structures are pre-designed so the fit and functionality of proposed home to proposed lot can be studied and identified at the PUD review stage. c. The management and financial structure (POA, Community Land Trust, HRDC) brings a much higher degree of control and management of common spaces and infrastructure than a typical volunteer POA. The long term nature of the management structure appears to be sufficiently robust to assume the complex task of maintenance and long term replacement of infrastructure and the required assessment tool to insure adequate funding for the operations and maintenance liability. d. Substantial and complex annual operations typically not achievable for standard property owners association are more likely to be satisfied in the land trust model. e. To allow concurrent construction approval and the ability to manage the construction site no structures will be occupied until all homes within the phase are completed. Although a developer certainly could assume the additional costs, time to develop, and assume long term management of the site, most historic and current development does not follow such an unusual development process. Volunteer POAs in Bozeman have a mixed and inconsistent track record of success in delivering reliable required maintenance of parks, open spaces, and other facilities. The issue became of sufficient concern that in May 2020, City voters approved a Park district to take over maintenance of all public parks from POAs. Further, staff was provided no information or evidence to support the applicant’s statement that land trust models are more likely to satisfy substantial and complex annual operations of a subdivision. This project has benefited from substantial philanthropic support to encourage provision of long term housing at controlled price points and limited appreciation through the associated land trust model and other efforts. The application presents the applicant’s response to these criteria.
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 38 of 50 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development
shall be reviewed against, and comply with, the applicable objectives and criteria
of the mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 2 and the deviations from the design standards as described in the design reports.
(2) Does the project preserve or replace existing natural vegetation? Yes, the project intends to maintain existing trees along Bridger Drive and south of the new extension of Hillside Lane. Other site vegetation will likely need to be removed to ensure adequate site grading and drainage but will be replaced with additional landscaping in accordance with the Landscape Plans in the Drawing Set, Sheets L2.0 - L2.5. The site has been heavily disturbed by previous development. There is no known species of concern that limits ability to modify the site.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized
and cohesive planned unit development? Yes, the concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses, yards and streets, neighborhoods are made safer, more livable, easier to maintain and less costly to the city’s infrastructure budget. Good connectivity, walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View. With 20 units per net acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. Hillside Lane is built to the city’s standard for public streets and is likely to carry considerable traffic as a key access to Story Mill Park. The other streets are intentionally different in scale and configuration from older neighborhood streets. They are publicly accessible but will be privately maintained. The small streets (woonerfs) are designed for very low volumes of travel, to limit the speed of cars, and deliberately mix street users with the intent of making them safer and friendlier places. Please refer to the Design Guidelines in Appendix 10.a for more detailed descriptions of buildings (Page 36), circulation (Page 16), open space (Page 19) and landscaping (Page 26).
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(4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project? Yes, this project is seeking LEED-ND certification which will ensure that the elements of the site plan will contribute to the overall reduction of energy use by this project as compared to a typical subdivision.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project? Yes, all lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive, the trail along Story Mill Road, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always “fronted” by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys or pedestrian walks. Typically, the houses are “zero lot-line houses” located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. This approach also affects the internal design of each home as sleeping areas must have egress to meet building code requirements. Each home has access to a private outdoor area in addition to the shared open spaces. Fencing is allowed as specified in the Design Regulations. Pursuant to Section 38.350.050.B a legal written agreement recorded at the county clerk and recorder is required, see code provision No. 6.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of
park land or open space been provided for each proposed dwelling as required by section
38.420.020? Yes, the Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the “improvements in lieu of parkland” program authorized in 38.420.030.A to develop the parking lot in the southeast portion of the Story Mill Community Park. This parking lot provides important access to a fishing area, dog park and pathways connecting the park to the Story Mill Spur Trail. The value of this improvement is $98,052.98 which exceeds the park equivalent amount of $76,875.20. The Trust for Public Land and HRDC requested
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 40 of 50 review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019, the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. Use of the improvement-in-lieu option for development adjacent to existing parks is consistent with Commission Resolution 4784. Resolution 4784 establishes the criteria for considering cash or improvements in lieu of parkland dedication. In terms of on-site open space per dwelling unit, this project proposes to use the townhouse open space standard for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units actually have a larger 9' x 18' porch. Please refer to Sheets A2.0 – A2.4 of the application. Staff comment, please see No. 8 below.
(7) Performance. All PUDs shall earn at least 20 performance points. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates PUD point categories wherever possible and exceeds the requirement of 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Details of the point calculations are included in Section 5. The applicant provided a summary of the performance points for the development. This chart and the supporting statement can be found in PUD Relaxations appendix attached to this report. A minimum of 20 points are required. Staff comments are listed below the chart.
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Staff supports the point assessment for e, d, and f. Streetscape improvements, (k) is not met with this application. Streetscape improvements are limited to improvements within a right-of-way and must be improvements above and beyond minimum requirements for boulevard improvements which include sidewalks, curb and gutter, street trees, landscaping, street lights, drainage, and other standards. 1. Hillside Grove and Hillside Green are improvements to private open space and do not count towards street improvements. 2. Based on the landscape plan, improvements to Hillside Lane are excess boulevard street trees. City standard requires seven (7) trees on the north side and eight (8) on the south side. Twelve are shown on the north and 13 are shown on the south side of the street for ten additional trees. No other improvements are shown. Additional
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 42 of 50 street trees consume more water and take additional forestry support to maintain healthy trees. Staff concludes the additional trees equal one (1) PUD point. Therefore, 30.5 points are achieved with this application.
(8) Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not become
an isolated "pad" to adjoining development? Staff response, no comment from applicant. The design creates an isolated inward looking development. Bounded by the Story Mill Park on the west, a park/open space parcel on the east adjacent to Story Mill Road, Bridger Drive to the north and an extension of Hillside Lane on the south. The internal circulation supports intra-site connectivity. The proposed open space does not appear to be integrated into the greater community and does not promote interaction with adjacent properties. Although the open space areas will have public access easements the intimacy of the site may not be supportive of other community members to pass through the site as with other neighborhoods. Applicant should, prior to final PUD plan submittal, consider additional methods to integrate this project to the adjacent pedestrian networks.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-
2, R-3, R-4, R-5, RMH and R-O zoning districts) may include a variety of housing
types designed to enhance the natural environmental, conserve energy,
recognize, and to the maximum extent possible, preserve and promote the
unique character of neighborhoods, with provisions for a mix of limited
commercial development. For purposes of this section, "limited commercial
development" means uses listed in the B-1 neighborhood service district
(division 38.310 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units must be determined by the provision of and proximity to public services and subject to the following limitations and considerations:
(1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? Yes, the gross density is approximately 8 units per acre and the net density is approximately 20 units per acre. These numbers are in line with medium density development as described in the growth policy.
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(2) Does the project provide for private outdoor areas (e.g., private setbacks, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve? Yes, all lots accommodate modest front yards with front porches and back yards. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always “fronted” by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are “zero lot-line houses” located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. Fencing is allowed as specified in the Design Regulations (Page 33).
(3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes, the courtyards, green spaces, paths and trails all provide areas for active or passive recreational activities. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes.
(4) If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community-wide
issues of affordability and diversity of housing stock? Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District.
(5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes, Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction,
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(6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in division 38.310 of this chapter, does the
proposed project exceed the established regulatory design standards and ensure
compatibility with adjacent neighborhood development? The number of dwelling units
obtained by the density bonus is determined by dividing the lot area required for the
dwelling unit type by one plus the percentage of density bonus sought. The minimum lot
area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380, must be excluded in the base density upon which the density bonus is calculated. Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District.
(7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes, the neighborhood was designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics include a comfortable neighborhood scale, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The proposed density as organized within the project acts as a transition between the more urban core, the industrial areas and the nearby larger lot subdivisions such as The Headlands and Hillside Lane.
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SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a residential with relaxations to subdivision and zoning regulations described in Section 2 of this report and a request for concurrent construction. Nineteen relaxations to City standards were proposed. The application includes a concurrent subdivision of one parcel into 57 lots in three phases, open space, common lots, and associated streets. The purposes of the preliminary plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plan and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plan of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development
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DATED this 6th day of July, 2020 BOZEMAN CITY COMMISSION ____________________________________ CHRIS MEHL Mayor ATTEST: __________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential office district is “to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit.
Adopted Growth Policy Designation: The property is designated as “Residential
Emphasis Mixed Use.” The Residential Mixed-Use category “promotes neighborhoods with supporting services that are substantially dominated by housing. A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses…The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected. Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development.”
APPENDIX B – PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 on the subject property. The mobile home park was removed in 2006 by the defunct Story Mill development. The development proposes the construction of 62 residential living units on 57 lots with one common house, parking
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19464 Findings of Fact for the Bridger View Redevelopment PUD Page 48 of 50 structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the improvements-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed –Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The project’s development intent is to create a “lasting and livable” neighborhood. The NET residential density is 7.9 dwelling units per acre. Zoning requires a minimum net density of 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City’s Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City’s Affordable Housing Ordinance at the “lower income” bracket of 70 percent AMI or less for a total of 62 residential units. The development team states, “Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest, well-designed houses compatible in scale with Bozeman’s older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman’s Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income. A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable. As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost-
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APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715
Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715
Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718
Report By: Tom Rogers, Senior Planner
APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography;
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ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials include but are not limited to: Project summary Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Hardscape plan Unit plan Common structures plans Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines BVR Design Guidelines Individual Lots
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