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HomeMy WebLinkAbout21- Conditions of Approval - Cottonwood & IDA Planned Unit Development Application 18516 & Modification Application 20029 C23—A41 Inter-office original to: City of Bozeman City Clerk's Office PO Box 1230 PLATTED Bozeman MT 59771 2717392 Page: 1 of 11 01/21/2021 01:33:44 PM Fee: $77.00 Eric Semerad - Gallatin County, MT MI8C 1 IIIIIII IIIIII III 11111 Jill 1111111111111111111 Jill Jill 11111111111111111111111111111111111111111111 IIII Jill CONDITIONS OF APPROVAL FOR THE COTTONWOOD AND IDA PLANNED UNIT DEVELOPMENT APPLICATION 18516 AND MODIFICATION APPLICATION 20029 COTTONWOOD AND IDA PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 615 EAST COTTONWOOD STREET AND 720 NORTH IDA AVENUE, BOZEMAN, MONTANA WHEREAS, the undersigned property owners acknowledges the receipt of a planned unit development to allow a mixed residential and commercial development with relaxations to zoning regulations requested for apartment building use,building height parking, street design, restaurant design, transparency, front setbacks and a request for concurrent construction generally located at the northwest corner of East Cottonwood Street and North Ida Avenue, City of Bozeman, Montana; and WHEREAS, the use is to be located on property that is legally described as Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana.; and WHEREAS, the P1aimed Unit Development (PUD) is contained within the City of Bozeman Department of Community Development's application 18516; and WHEREAS, the Planned Unit Development (PUD)preliminary approval was modified by a modification to approved plan application and is contained within the City of Bozeman Department of Community Development's application 20029 WHEREAS, the use is to be located on property that is legally zoned as NEHMU,North East Historic Mixed Use District; and WHEREAS, the Planned Unit Development was granted relaxations from the zoning requirements of the Unified Development Code and the requirements of the Bozeman Municipal Code; and WHEREAS,this property is subject to a specific design,unique building setbacks and heights, parking requirements, and uses. These standards may be found in The Cottonwood and Ida Final PUD application 19086 and"Declaration for the Tinworks Condominium". Lot owners CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION are advised that these are specific to the Cottonwood and Ida Planned Unit Development and are in place of the general development standards of the same subject of the City of Bozeman Zoning. If a development standard is not specifically established in the Cottonwood and Ida PUD approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cottonwood and Ida 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. WHEREAS, the Planned Unit Development is subject to the following conditions of approval and code provisions: 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 the approval of any subsequent site plan. 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: 1. BMC 38.310.040.0 Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. 2. BMC 38.310.040.0 Table of Uses. The application requests to increase the size of the allowable restaurant use in NEHMU from 1,500 to 2,200 square feet. 3. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45' to 54'. 6. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.0 Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.13 Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. 9. BMC 38.540.050.A.1 Residential Parking Standards. The application proposes to reduce the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit. The application proposes to reduce the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 2 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION 10. BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. 11. BMC. 38.400.050.A.1 Street Design. The application proposes to not construct the street according to the adopted designs for local streets and instead construct East Cottonwood Street with back out angled parking. 4. Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana must be aggregated and/or the common boundaries of said lots must be reconfigured through the applicable subdivision review process to accommodate the project prior to final planned unit development plan approval. 5. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual recordable documents or thorough the subdivision exemption review process prior to final planned unit development plan approval. 6. Public access easements must be provided for as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. 7. No property may be removed from the covenants without written approval of the City of Bozeman. 8. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. 9. A notice prepared by the City must be filed concurrently with the amended plat so that it will appear on title reports. It must read substantially as follows The Amended Plat of Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana known as the Cottonwood and Ida Planned Unit Development (PUD) are subject to specific design standards, unique building setbacks and heights,parking requirements and uses. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cottonwood and Ida Planned Unit Development and are in place of the general development standards of the same subject of the City of Bozeman Zoning. If a development standard is not specifically established in the Cottonwood and Ida PUD approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cottonwood and Ida 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. The applicant must execute at the Gallatin County Clerk& Recorder's Office prior to approval of the final Planned Unit Development, a waiver of right-to-protest creation of a The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 3 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION City-wide special district for parks and trail, which would provide a mechanism for the fair and equitable assessment of costs for City parks and trails. 11. The offsite parking agreement must be for a minimum term of 25 years and must be completed, executed and filed prior to subsequent site plan approval. 12. The offsite parking agreement must be incorporated into the property owners' association documents as a required responsibility of the association along with the requirement to assess for and pay any required fees to satisfy the long term offsite parking agreement. 13. Prior to planned unit development final plan approval the applicant must provide the following modified historic property record documentation for the demolition of the existing structure at 620 E. Cottonwood Street: Property address, legal location, architectural description, digital interior and exterior elevation photographs, site map, and a quadrangle map. A modified completion of the Montana Historic Property Record is a documentation of the current structure conditions and not an analysis of the historic integrity of property. The modified property card will be housed permanently online on the City's Architecture Inventory Map. 14. A deed restriction requiring affordable housing in the applicable amount proposed for planned unit development performance per the definition in BMC 38.700.020 must be placed on Lot 1, underlying building's A and B. 15. 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 improvements to East Aspen Street including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Ida Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage d. Street improvements to East Tamarack Street including paving, curb/gutter, sidewalk, and storm drainage e. Street improvements to East Peach Street including paving, curb/gutter, sidewalk, and storm drainage f. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage g. Intersection improvements to North Wallace Avenue and East Tamarack Street h. Intersection improvements to North Wallace Avenue and East Peach Street i. Intersection improvements to Front Street and East Aspen Street j. Intersection improvements to Front Street and Ida Avenue The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 4 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION 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 PUD approval. 16. The intersections of East Aspen Street and Front Street and Ida Street and Front Street must be reconfigured to meet the City's minimum design standard. The intersections must be improved with the first phase of development. The City's Engineering Department may approve an alternative design incorporating the existing park provided the City Community Development Department and Parks Department support the alternative design. An alternative design must be approved prior to final PUD approval. Code provisions: 1. BMC 38.220.050.A final approved weed control plan must be submitted prior to planned unit development final plan approval. 2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. Clarify the nature of the existing well and water right to support the new demand. Provide letter from DNRC confirming water right or intent to issue right to support the project prior to approval of the planned unit development final plan. 3. 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 planned unit development final plan. 4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and approved for all phases of this development prior to building permit issuance. 5. BMC 38.270.030.D For concurrent construction provide a full response to the required items in Section 38.270.030.D BMC. The concurrent construction response was provided,but not in accordance with the required section. Provide 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 38.410.060.B.4 Encroachments proposed in required ten foot private utility easement areas required along all streets. No written approval from all utility companies is provided as required. The current and entire list of utility companies operating in Montana can be attained from the Montana Public Service Commission. Provide approval for encroachment prior to approval of planned unit development final plan. 7. BMC 38.420.030 Cash in lieu of land dedication for parkland. Cash in lieu of parkland has not been paid. The cash in lieu amount due is required to be paid prior to subsequent site plan approval. 8. 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 The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION 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. 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. 9. BMC 38.520.070 Location and design of service areas. No detailed service areas identified for gas and electric entrance locations into the buildings or proposed methods to separate and mitigate impacts as required. Show gas and electric locations with the true size and extent of all proposed meters as required per SP1 on entire site and the proposed locations for private utility entrance locations into the buildings. Planned unit development final plan must provide clear information on utility entrances into each building and demonstrate compliance with this code section with the subsequent site plan. 10. BMC 38.540.070 Off-site parking. Provide site plan for offsite parking that demonstrates the proposed lot meets all requirements of the BMC and the off-site parking code section. Clarify the uses proposed to utilize the offsite parking and provide exhibit showing compliance with distance requirements per use. Provide draft long term parking agreement or draft deed restriction in order to demonstrate compliance with BMC 38.540.070.6 with planned unit development final plan. 11. BMC 38.550.050.I. Irrigation plans are required to be submitted with the PUD open space landscape plan with the subsequent site plan application. 12. BMC 38.550.060.A.1. The PUD open space landscape plan must meet the requirements of 23 performance points and be finalized and completed with the subsequent site plan application. 13. BMC 38.400.050.A1. The property owner's association must maintain the proposed on street angled parking allowed on East Cottonwood Street including snow plowing and maintenance of the parking surfaces. The property owners' association documents must The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 6 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION include language to this effect and be reviewed and approved prior to final PUD approval. 14. BMC 38.400.010.A.8 The existing satellite dish encroaching into the emergency access route must be removed prior to final PUD approval to ensure emergency services are not inhibited. 15. BMC 38.400.090.D.2 The applicant has indicated that the emergency vehicle access road will only be utilized by emergency service, as such the City's access standards do not apply provided the following are met: a. The property owners association documents continue language describing the accesses may only be utilized be emergency services. The language must be reviewed and approved prior to final PUD approval. b. City approved barricades are placed at both the north and south access points c. The street vision triangles for the north and south access points be removed from the final PUD submittal 16. BMC 38.400.100.0 Street vision'triangles shown on the preliminary PUD submittal exceed the City's requirements. The final PUD submittal must correctly show the City's street vision triangles prior to approval. 17. BMC 38.410.060.A An amended plat must be completed prior to final PUD approval for the proposed changes to the lots. a. The public utility easements along the property street frontages must be provided using the City's standard language prior to final PUD approval. No encroachments may be permitted without the approval from the utility companies registered with the Montana Public Service Commission. b. The public access easements for required public sidewalks located outside of the right-of-way must be provided using the City's standard language prior to final PUD approval. c. A public drainage easement must be provided for the drainage infrastructure supporting the public right-of-way which is located inside of the property. The easement must be provided, reviewed, and approved by the City prior to final PUD approval. 18. BMC 38.410.070.A.1 Certified water and sewer design reports must be provided prior to final PUD approval. 19. BMC 38.410.080.A A certified drainage report for the public right-of-way drainage must be reviewed and approved by the City prior final PUD approval. a. The applicant must submit a stormwater maintenance plan for the proposed stormwater infrastructure for review and approval prior to final PUD approval. The approved maintenance plan be included within the property owner's associate document prior to final PUD approval. The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 7 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION 20. BMC 38.430.070.A a. All public infrastructure, both on and offsite, must be installed with the first phase of development. 21. BMC 38.360.240.E Townhouse and Rowhouse. Usable Open Space. Usable open space. Townhouse and rowhouse dwellings must provide open space at least equal to ten percent of the building living space,not counting automobile storage.The required open space may be provided by one or more of the following ways provided in this section. Rowhouses along N. Ida must be designed to provide open space. Rowhouse designs must meet usable open space standards with final design to be submitted with PUD final plan. 22. BMC 38.360.240.E Townhouse and Rowhouse. Building Design. Rowhouses must be designed to meet articulation standards. Confirm proposed rowhouse designs meet articulation standards with final design to be submitted with PUD final plan. 23. BMC 38.410.050.A Utilities. Utilities must be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, must be installed after the street has been brought to grade and before it is surfaced. Clarify proposed private utilities (power and gas) on site, specify all existing and proposed utility locations and types PUD final plan materials. 24. BMC 38.410.060.B Private utility easements. The private utility easements for electric gas and communications must be provided prior to site plan approval. Clarify approach to the overhead electric lines along N. Ida Avenue. Provide private utility easements on final plan documents. 25. BMC 38.410.060.B. Private utility plan. When the concurrent construction option will be used,based on the provisions of section38.270.030.D,private utility plans must be included with the preliminary PUD submittal. Update private utility plans and submit it with the PUD final plan application. 26. BMC 38.400.090.C.3.c A mutual access easement or other City approved legal mechanism must be provided for the shared drive access along the western edge of Lots, 2, 3, and 4, identified as "Private Alley Woonerf' on the plans. The easement must be recorded prior to final PUD approval. 27. BMC 38.410.050.D. and 38.410.060.B A private utility easement must be provided within the private alley to provide service to Lot 3. The easement size and extents must be approved by the City and utility service providers and recorded prior final PUD approval. The easement should be shown on the proposed amended plat. 28. BMC 38.540.020.M Snow storage locations for the private alley must be identified on the final PUD and site plan prior to approval. Snow storage must be located in an easement or other legal mechanism if the snow is removed from multiple properties. The snow may not be plowed into the public right-of-way or be stored within the street vision triangles. Conditional Use Code Provisions: 1. Section 38.230.110.E BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 8 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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. 2. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in Section 38.200.160. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of approval for the Planned Unit Development shall be binding upon the undersigned owner of the subject property, and successors or assigns until released by the City and; The Cottonwood and Ida PUD is subject to unique design standards and allowed relaxations to alter City standards. Any deviation, departure, or modification of the approved plans are subject to City review and approval. DATED THIS DAY OF �/ l'?1j�e , 2020. The Cottonwood and Ida Planned Unit Development 18516 and 20029 PAGE 9 OF 9 CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION PROPERTY OWNER Signature 6gt-co" m. A Z Printed Name Title STATE OF MONTANA :ss County of ) On this day of , 2020, before me, the undersigne otary Public for the State of Montana, personally appeared , known to me to be the of ,the property owner that executed the within instrument. IN WITNESS WHEREOF ave hereunto set my hand and affixed my Notarial Seal the day and year first above wri (SEAL) (Printed name) Notary Public for the State of Montana 'L��J i Capt. . Residing at My Commission Expires: (Use four digits for expiration year) The Cottonwood and Ida Planned Unit Develo went 18516 and 20029 PAGE 10 OF 9 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l County of Santa Clara J} On 15 December 2020 before me, G. Morabito Urrutia, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gregory M. Avis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. G.MORABITO URRUTIA WITNESS my hand and official seal. — Notary Public-California — San Mateo County Commission#2272319 My Comm.Expires Dec 2 t,2022 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of DocumerPnditions of Approval for the Cottonwood and Ida Planned Unit Development Application 18516 and Wdi%atio Am3lication 20029 Document Date: um er of�a 1_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association