HomeMy WebLinkAbout20- Conditions of Approval - Arrowleaf Park & Perennial Park Planned Development App 20027 Inter-office original to:
City of Bozeman
City Clerk's Office
PO Box 1230
Bozeman MT 59771
PLATTED V
2703423
Page: 1 of 7 10/06/2020 04:38:19 PM Fee: $49.00
Eric Semerad - Gallatin County, MT MISC
1111111111111111111111111111111111 IN 11111111111111111111111111111111111111111111 IN IN
CONDITIONS OF APPROVAL FOR THE ARROWLEAF PARK AND PERENNIAL PARK
PLANNED UNIT DEVELOPMENT APPLICATION 20327
ARROWLEAF PARK AND PERENNIAL PARK PLANNED UNIT DEVELOPMENT
FOR PROPERTY LOCATED AT 1880 SACCO DRIVE, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a planned unit
development to allow 232 homes in multiple buildings,two non-residential buildings totaling
41,800 sq. ft. and related common improvements at the northeast corner of Sacco Drive and
Tschache Lane, City of Bozeman, Montana and further addressed as 1880 Sacco Drive and
WHEREAS, the use is to be located on property legally described as Lot 3A of Minor
Sub 407A, located in Section 1, Township Two South, Range Five East, P.M.M., Gallatin
County, Montana; and
WHEREAS, the Planned Unit Development(PUD) is contained within the City of
Bozeman Department of Community Development's preliminary PUD application 20153 and
final PUD application 20327; and
WHEREAS, the use is to be located on property that is legally zoned as B-2
(Community Business District)zoning district; and
WHEREAS, the Planned Unit Development was granted relaxations from the zoning
requirements of the Unified Development Code and the requirements of the B-2 zoning district;
and
WHEREAS, a Planned Unit Development is reviewed according to the provisions of a
Conditional Use Permit in addition to those of a Planned Unit Development; and
WHEREAS, the Planned Unit Development is subject to the following conditions of
approval and code provisions:
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 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. 38.320.050 Minimum Floor to Ceiling Height-Reduce minimum floor to ceiling
height for onsite residential buildings and a portion of the commercial buildings
b. 38.410.040.13 Block Length -Allow a block length of 600 feet to accommodate the
Senior-Living facility.
c. 38.410.040.D &D.1 R.O.W.Width - 7 foot public access easement with no
setbacks
d. 38.510.030.J.1-2 Special Residential Block Frontage Standard- Specify Building
Face measurement
e. 38.520.070 Service Areas -Relaxations for screening
f. 8.530.070.13 Blank Walls - Exempt certain wall areas from the Blank Wall
provisions and propose a project specific definition for blank walls
g. Table 38.540.050-1 Parking Minimums - Reduce the required parking for 1-
bedroom senior units from 1.5 to 1 required spaces
h. 38.360.240.E.1 Rowhouse Yard Width - Less than 12 feet dimensions for specific
rowhouse yards
3. Prior to issuance of a building permit,the applicant must provide written confirmation
that the site has been awarded LIHTC funding and the Montana Board of Housing has
accepted the proposed LIHTC covenant and documents as adequate to meet all
requirements to ensure the project will be subject to monitor maximum price controls
for a period of 20 or more years.
4. 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.
5. In association with the reduced on-site parking,Applicant must provide covered bicycle
parking equal in number(74) to the Applicant's request for reduction in vehicle
parking spaces; and these covered bike racks should be placed close to building
entrances. The bike racks near the Senior housing must be covered. Location and design
of cover shall be provide with the final PUD application.
6. For the middle buildings,the waiver from 510.030.J. 1-2 waiver from the 10-ft setback
from the sidewalk, (per Special Residential Block Frontage setback), is conditioned on
the Applicant planting mid-size vertical (3-4-ft in height) shrubs or grasses as landscape
screening between the sidewalk and any windows on the ground floor of those
Arrowleaf Park and Perennial Park Planned Unit Development 20327 PAGE 2 OF 7
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
buildings. Applicant may reconfigure existing proposed landscaping or may add
landscaping to satisfy this condition.
7. Any revisions to the parkland proposal deemed significant by Parks or Planning
Division staff must be reviewed by the Recreation and Parks Advisory Board prior to
final PUD approval.
8. Per definition of a lot in 38.700.100, parcels under the same ownership will be treated
as one parcel. The trail must extend through the property to the north. Please adjust the
IILP accordingly and ensure that 25-foot-wide public easement is provided the entire
length prior to Final PUD submittal.
9. A bus stop is proposed as part of the project.The final PUD plan shall indicate the
general location of the proposed stop. Before any construction begins on any bus stop
elements,the applicant shall confirm with City Engineering and Legal departments that
all requirements for locating a bus stop have been satisfied.
10.The proposed subdivision exemption including all required easements shall be
recorded prior to the first certificate of occupancy on the site. If the subdivision
exemption is not filed then the trail easements required to comply with park and trail
design standards must be provided through another means.
11.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 prior to final Planned Unit Development approval:
a) Street improvement to Sacco Drive including paving, curb/gutter,sidewalk,
lighting, and storm drainage
b) Street improvements to Baxter Lane including paving,curb/gutter, sidewalk,
lighting, and storm drainage
c) Street improvements to Tschache Lane including paving, curb/gutter,sidewalk,
lighting and storm drainage
d) Intersection improvements to N. 19th Avenue and Tschache Lane
e) Intersection improvements to N. 19th Avenue and Baxter Lane
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.
Code Requirements Requiring Plan Changes or Completion:
1. BMC 38.200.100 The final planned unit development plan must be submitted,
reviewed, and approved prior to issuance of a building permit. Until a building
permit is issued site disturbance is limited according to this section.
Arrowleaf Park and Perennial Park Planned Unit Development 20327 PAGE 3 OF 7
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. BMC 38.230.050 No occupancy of any building maybe granted until all terms and
conditions of plan approval have been complied with and all improvements
installed, or financially guaranteed where acceptable to the City.
3. BMC 38.230.180 - No building permit will be issued until the final PUD documents
are fully approved.
4. BMC 38.270.030.D Provide the necessary documents and 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.
S. BMC 38.400.080 and 38.400.110 Provide a public access easement on the east
side of Sacco to include the north/south sidewalk and from the existing easement to
one foot east of the sidewalk for all sidewalks depicted on the site plan,prior to final
PUD approval.
6. BMC 38.410.130 Payment of cash-in-lieu of water rights must be provided prior to
final PUD approval.
7. BMC 38.420.030 Payment of cash-in-lieu of parkland must be provided prior to
final PUD approval.
8. Section 38.420.030.D.Where a cash donation has been accepted in-lieu of land
dedication,the amount of cash donation must be stated on the final plat or plan as
appropriate.The current preliminary proposal is considered an estimate because
CILP appraisal values may change prior to final plan approval. Please correct
rounding error in the application calculations to show a total requirement of 2.60
acres and equivalent dollar value estimate of$181,209.60
9. 38.420.110.C. "Related facilities" includes trailhead signage at each end of the trail
and ADA curb ramps and crosswalks striping at the intersection with Tschache
Lane. Please discuss proper location and specs with Engineering and show these
corrections with Final PUD submittal.
10. 38.420.110.F. Pathway easements are required 25-feet in width extending between
Tschache and Baxter Lane with Final PUD submittal.
11.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
Arrowleaf Park and Perennial Park Planned Unit Development 20327 PAGE 4 OF 7
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
Minor amendments may be permitted between preliminary and final PUD plan
subject to the limits of the code.
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.
12.BMC Chapter 40 All standards for provision of water, sewer,and storm water must
be met.
This Planned Unit Development and Conditional Use Permit has been approved. The approval is
subject to certain standards unique to this application type. See the following descriptions and
references to relevant provisions of the Bozeman Municipal Code (BMC):
1. In addition to the review criteria of section 38.230,100 BMC, the review authority must,
in approving a special use permit, determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E
through 1.
2. Section 38.230.110.F states that the right to a conditional use permit must be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure. All special conditions and code provisions must constitute restrictions
running with the land, shall be binding upon the owner of the land, his successors or
assigns, shall be consented to in writing by the applicant prior to commencement of the
use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office
by the property owner prior to the final site plan approval or commencement of the use.
All of the conditions and code provisions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
3. Section 38.230.110.I describes the process for termination/revocation of a Conditional
Use Permit approval:
a. 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.-
1. After having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar years;
2. Final zoning approval to reuse the property for another principal or conditional
use is granted;
Arrowleaf Park and Perennial Park Planned Unit Development 20327 PAGE 5 OF 7
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
3. The use or development of the site is not begun within the time limits of the
final site plan approval in Section 38.230.140 BMC.
b. 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.
c. 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,BMC.
NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Planned Unit Development shall be binding upon the
undersigned owner of the subject property, and all successors or assigns, as long as the use
remains at the property located at the northeast corner of Sacco Drive and Tschache Lane,City
of Bozeman, Montana and further addressed as 1880 Sacco Drive and succeeds to any lots, site
development, or building permits subsequently developed.
DATED THIS 30 DAY OF 5- t;P et M ber ,2020.
Arrowleaf Park and Perennial Park Planned Unit Development 20327 PAGE 6 OF 7
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Property Owner -GMD 4eiment LLC
Signature: Date: 3U
Printed: Gregory Dunf ld
Title: 0 0W n-9-(
STATE OF WASHINGTON )
ss.
County of KING )
This instrument was acknowledged before me on the 30 day of 52.Dt2rnb-F-V , 2020 by
Gregory Dunfield, as C)WYN eX of GMD Development LLC.
Notary Pu lic for the State of Washington
Printed Name: C►rO�yVl -NartrACAY1
(SEAL) Residing in K%Y1q C,Owi-h , WA
My Commission Expires: O l - 1$ -?-bV-1
Notary Public
State of Washington
CAROLYN HARTMAN
COMM.#20102101
MY COMM.EXP.January 18,2024
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