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HomeMy WebLinkAboutSECTION 0A COTTONWOOD AND IDA APPLICATIONS 3-1-21COTTONWOOD + IDA A VIBRANT, DIVERSE, ATTAINABLE COMMUNITY IN THE CORE OF THE NORTHEASTERN NEIGHBORHOOD MIXED-USE DEVELOPMENT PROPOSAL - BOZEMAN, MT DESIGN TEAM THINKTANK DESIGN GROUP, INC. RICHARD FERNAU, FAIA OWNER BANGTAIL PARTNERS, LLC PO BOX 2652, DEPT 35 MENLO PARK, CA 94026 PUD CONCEPT SUBMITTAL PPUD PRELIMINARY PUD SUBMITTAL PPUD PRELIMINARY PUD APPROVAL MOD PPUD SUBMITTAL RC-MOD SUBMITTAL SP1 RESUBMITTAL - NOVEMBER, 2017 - OCTOBER 30, 2018 - MARCH 27, 2019 - JANUARY 23, 2020 - MARCH 10, 2020 - JANUARY 29, 2021 COTTONWOOD + IDA SP1 SUBMITTAL || JANUARY 2021 APPLICATION FORMS & CHECKLISTS DEVELOPMENT REVIEW APPLICATIONS A1 APPLICATION PUDF APPLICATION SP1 APPLICATION N1 APPLICATION PROJECT TEAM PUDF CHECKLIST SP1 CHECKLIST REFERENCE FROM CONDITIONS OF APPROVAL PROJECT NARRATIVE NARRATIVE AND GOALS SITE VICINITY MAP & DIAGRAM PROPOSED USES & COMPILED DATA BUILDING DESIGN OBJECTIVES BUILDING STRATEGIES BUILDING MATERIALS PUD DATA PUD PROJECT VIEW RATIONALE FOR CHOICES MADE PROPOSED OWNERSHIP ESTIAMTED NUMBER OF EMPLOYEES RESPONSIBLITY FOR IMPACT MITIGATION DESIGN METHODS TO REDUCE ENERGY PUD COMMUNITY DESIGN OBJECTIVES PUD POINTS ACHIEVED PUD APPROVED RELAXATIONS & RATIONALE LAND USE CONFORMANCE SITE ZONING AND LAND USES MAP GENERAL SITE DATA ALIGNMENT OF GOALS WITH DISTRICT PLANS SITE CONDITIONS EXISTING CONDITIONS AND HISTORY LAND USE CLASSIFICATIONS CITY LAND USE POLICIES ACHIEVED ALIGNMENT W/ NORTHEAST URBAN RENEWAL DISTRICT PLAN ALIGNMENT OF GOALS FROM VISION NE/RUDAT REPORT PHASING DEVELOPMENT PHASING AND SCHEUDLE CONCURRENT CONSTRUCTION PLAN INFRASTRUCTURE INFRASTRUCTURE STRATEGIES & SUMMARIES WATER RIGHTS SIGNAGE COMPREHENSIVE SIGN PLAN APPENDICES SECTION A SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 TABLE OF CONTENTS page 3 page 36 page 49 page 65 page 79 page 82 page 87 page 94 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 3 APPLICATION FORMS AND CHECKLISTS DEVELOPMENT REVIEW APPLICATIONS A1 APPLICATION SP1 APPLICATION N1 APPLICATION PROJECT TEAM FPUD CHECKLIST SP1 CHECKLIST REFERENCE FROM CONDITIONS OF APPROVAL PG 4 PG 17 PG 18 PG 24 PG 28 SECTION A Cottonwood: Mixed, Ida: Mixed, Aspen: Mixed 206 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS Bangtail Partners LLC PO Box 10195, Palo Alto CA 94303-0995 406-587-3628 erik@thinktankarchitects.com Imperial Development LLC 33 N Black Ave Bozeman, MT 59715 406-587-3628 erik@thinktankarchitects.com Thinktank Design Group Inc (Erik Nelson) 33 N Black Ave, Bozeman, MT 59715 406-587-3628 erik@thinktankarchitects.com 1189 Tennessee Street, Unit 103, San Francisco, CA 94107 x SP1 SITE PLAN CHECKLIST SITE PLAN REQUIREMENTS ALL INFORMATION AND ITEMS BELOW MUST BE ON SITE PLAN SHEETS AND NOT PRESENTED ON SEPARATE ATTACHMENTS EXCEPT 1, 47, 77, 78, 79, 82, 83 AND STORMWATER, SEWER, WATER AND WETLAND REPORTS, IF PROVIDED. GENERAL INFORMATION 1. Project narrative describing the project type, proposed use scope, size (dwellings, building size(s), building height(s), number of buildings, number of total parking spaces) intent, and phasing, if applicable. The narrative must include a response to the City’s conceptual review comments. 2. Name of project/development. 3. Name and mailing address of developer and owner. 4. Name and mailing address of engineer, architect, landscape architect, planner, etc. 5. Location of project/development by street address/legal description. 6. Location/vicinity map, including area within one-half mile of the site. 7. A construction route map showing how materials and heavy equipment will travel to and from the site. 8. Location, percentage of parcel(s) and total site, and square footage of the following: a. Existing and proposed buildings and structures. b. Driveway circulation and parking areas. c. Landscaped areas. d. Private open space, provide boundary/ies and dimensions of each space provided (if residential requirement) on plans or separate exhibit. Provide a summary total types of dwelling units and total open space required and provided. e. City Parks. f. Other public lands (school sites, public access greenway corridors, trail corridors). SITE PLAN GENERAL 9. Boundary line of property with dimensions. 10. Date of plan preparation and changes. 11. North point indicator. 12. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 13. Parcel size(s) in gross acres and square feet. 14. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use. 15. Total number (with number of bedrooms), type and density per type of dwellings, and total new and gross residential density and density per residential parcel. The density per parcel must be presented as net residential density per Section 38.700.130 BMC. Site Plan Checklist SP1 Page 1 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST SITE PLAN DETAILS THE LOCATION, IDENTIFICATION AND DIMENSIONS OF THE FOLLOWING EXISTING AND PROPOSED DATA, ONSITE AND TO A DISTANCE OF 100 FEET (200 FEET FOR PUD’S) OUTSIDE THE SITE BOUNDARY, EXCLUSIVE OF PUBLIC RIGHTS-OF-WAY UNLESS OTHERWISE STATED. 16. Topographic contours at a minimum interval of 2 feet, or as determined by the Director. 17. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development. 18. Existing zoning within 200 feet of the site. 19. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet. The full width of the street including curb, gutter, sidewalk, drive approaches, intersections and street lighting must be shown for both sides of the street. 20. Block frontages. 21. On site streets and rights-of-way. Including curb gutter, sidewalks, and street lights. 22. Ingress and egress points. 23. Traffic flow on site. 24. Traffic flow off site. 25. All parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking and bicycle rack type and detail, compact spaces, ADA accessible spaces and motorcycle parking, on-street parking (delineated by a 24’ long under interrupted space(s) directly adjacent to the project site outside of site vision triangles and hydrant locations), number of employee and non-employee parking spaces, existing and proposed, and total square footage of each. 26. Setbacks, building footprint and any proposed encroachments. Any setback or property line encroachments must be clearly shown and be noted with encroachment type e.g. awning, weather protection, cantilever, lighting, eave, etc. 27. Utilities and utility rights of way and easements existing and proposed, including: a. Electric. b. Natural Gas. c. Telephone, cable and similar utilities. d. Water. e. Sewer (sanitary, treated effluent and storm). 28. Surface water, including: a. Ponds, streams and irrigation ditches (include classifications be based upon a determination of the Gallatin Conservation District; note classification of each feature on plans). b. Watercourses, water bodies and wetlands (include classifications based upon a determination of the Gallatin Conservation District, Army Corps of Engineers, or Wetland Delineation Report; note classification of each feature on plans). c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100 year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis. d. A floodplain analysis report in compliance with Article. 29. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Division, or in compliance with B.M.C. Section 14 storm drainage ordinance and best management practices manual adopted by the City. All surface stormwater facilities must demonstrate compliance with Section 38.410.080 BMC including providing cross sections for each facility. Site Plan Checklist SP1 Page 2 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST 30. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate). b. The downstream conditions (developed available drainageways, etc.). c. Any downstream restrictions. 31. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features. 32. Sidewalks, walkways, driveways, crosswalks, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict. 33. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including signage and construction details and the applicant’s certification of ADA compliance. A certification block must be provided on the plan sheets. 34. Fences, walls, railings and handrails, including typical details. 35. Permanent trash enclosure and refuse collection areas, including typical details and elevations. 36. Construction management plan include exterior construction period material staging, spoils location and construction trash enclosure location(s). A trash container type must be provided and detailed (40 yard roll off, fenced enclosure, etc.). If spoils storage is proposed a timeline for removal must be provided. 37. Curb, asphalt section and drive approach construction details. 38. Location and extent of snow storage areas. 39. Location and extent of street vision triangles extended to center of right of way including adjacent street intersections and all alley and driveway access points. 40. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species. 41. Historic, cultural and archaeological resources, describe and map any designated historic structures or districts, and archaeological or cultural sites. 42. Major public facilities, including schools, parks, shared use pathways, trails, etc. within a distance of 200 feet. PARKLAND AND AFFORDABLE HOUSING 43. If residential, provide the required parkland for the development, including calculations per Section 38.420 BMC (Park and Recreation Requirements) in a table format, see table format in the PLS document. 44. If cash in lieu is proposed, a thorough calculation including the base requirement and any net based upon maximum density, narrative addressing the findings the City must make to grant cash in lieu, and the appraisal must be provided to make the request per Section 38.420.030 BMC, unless using city valuation. 45. If parkland is proposed a park plan shall be submitted consistent with Section 38.220.060.A.16 BMC. 46. Source and amount of parkland credit to be used if previously provided. If from a subdivision confirm amount provided and detailed phase information as required in table format outlined in the PLS document. 47. Describe how the site plan will satisfy any requirements of Section 38.380, BMC (Affordable Housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to the section’s compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. If affordable housing is not being provided place that statement on the site plan sheets with the site data in item 8. 48. If affordable housing is provided, or cash in lieu is proposed use form AH. Site Plan Checklist SP1 Page 3 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 4 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) LIGHTING DETAILS 49. Lighting plan and electrical site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. 50. A photometric lighting plan that contains a layout of all proposed fixtures by location and type and extends the photometric information to the property boundaries and rights of way. For fueling canopies a second photometric plan is required to specifically analyze the light output underneath the drip line of the fuel canopy. 51. Details for all proposed exterior fixtures that are keyed to the fixtures noted in the lighting electrical plan and the photometric lighting plan. The detail must demonstrate compliance with full cut-off requirements in Section 38.570 BMC and be located on the lighting plan sheets. BUILDING DESIGN AND SIGNAGE 52. Front, rear and side elevations of all buildings, structures, fences and walls with height dimensions and roof pitches. Show open stairways, exterior lighting, weather protection, awnings and other projections from exterior building walls. Building elevations must include proposed exterior building materials, windows and doors including a color and material palette for all proposed features keyed to the building elevations. 53. Provide transparency calculations for any elevation that faces a street and is a block frontage. Provide minimum and maximum height of transparency from grade. Provide area of transparency and percentage in relation to total facade. 54. Provide elevations and details of all ground mounted and rooftop mechanical screening. 55. Floorplans that include all floors and roof plan. Annotate/designate uses for all rooms and areas. Seating/serving area layout required for all restaurants. 56. Exterior signs if applicable. Include building frontage dimension(s) and maximum sign area calculation, provide sign dimensions and square footage of each. Note — The review of signs in conjunction with this application is only review for sign area compliance with Section 38.560 BMC (Signs). A sign permit must be obtained from the Building Division prior to erection of any and all signs, addition design guidelines apply for signs within zoning Overlay Districts. LANDSCAPE PLAN A SEPARATE LANDSCAPE PLAN SHALL BE SUBMITTED AS PART OF THE SITE PLAN APPLICATION UNLESS THE REQUIRED LANDSCAPE INFORMATION CAN BE INCLUDED IN A CLEAR AND UNCLUTTERED MANNER ON A SITE PLAN WITH A SCALE WHERE ONE INCH EQUALS 20 FEET. ALL INFORMATION MUST BE ON PLAN SHEETS. 57. Project name, street address, and lot and block description. 58. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. Plan preparer shall be a state registered landscape architect; an individual with a degree in landscape design and two years of professional design experience in the state; or an individual with a degree in a related field (horticulture, botany, plant science, etc.) and at least five years of professional landscape design experience, of which two years have been in the state. 59. Location of existing boundary lines and dimensions of the lot. 60. Existing and proposed grade that complies with maximum allowable slope and grade. 61. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot. 62. Location of all pavement, curbs, sidewalks and gutters. SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 5 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) 63. Show location of existing and/or proposed drainage facilities which are to be used for drainage control including proposed landscaping and seeding as required by Section 38.410.080.H BMC. 64. Location and extent of snow storage areas. 65. Location and extent of street vision triangles, extended to the center of right of way. 66. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing and identification of drought tolerant and/or native and adapted species. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated. 67. Size of planting at the time of installation and at maturity. 68. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces. 69. Street frontage landscaping, including boulevard details and tree grate details as applicable based upon block frontage. 70. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer zones demonstrating compliance with watercourse setback planting plan requirements per Section 38.410.100.A.2.F BMC unless previously provided during subdivision review. 71. Location, height and material of proposed landscape screening and fencing (with berms to be delineated by one foot contours). 72. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction. 73. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features. 74. A description of proposed watering methods including any use of high efficiency irrigation technologies and best practice, source of irrigation water and estimated amount of water consumption broken down by vegetation type (e.g. turf, shrubs, trees) and total estimated water consumption. 75. Areas to be irrigated and type of proposed irrigation and the irrigation system design plan. 76. Tabulation of performance points earned by the plan per Section 38.550.060 BMC. STREETS AND TRAFFIC 77.Traffic study. Street, traffic, and access information required in Section 38.220.060.A.12 BMC or that the requirement is waived in writing by the Engineering Division prior to application submittal. WATER AND WATER RIGHTS 78.Water rights information. If cash in lieu is proposed a cash in lieu of water rights calculation and payment amount certified by the Engineering Division. 79. If water wells are proposed, a letter from the Department of Natural Resources confirming their intent to issue a permit or exemption. DEVIATIONS 80. Either through the site plan requirement above or separate exhibit clearly show any proposed deviations related to site requirements such as yards/setbacks, lot coverage, parking or other applicable standards. 81. Either through the building elevation requirement above or separate exhibit clearly show any proposed deviations related to building construction such as height, second story additions, or other applicable standards. SITE PLAN CHECKLIST Site Plan Checklist SP1 Page 6 of 6 Revision Date: 5.16.18 REQUIRED FORMS:A1, SP, N1, PLS, DEM (if demolition), WR (if wetlands), AH (if affordable housing) 82.For deviations in the Neighborhood Conservation Overlay a deviation narrative shall be provided stating which Section(s) of the Bozeman Municipal Code are proposed for deviation, to what extent and include a response to the following: a. How the modification is more historically appropriate for the building and site in question and the adjacent properties, as determined in Section 38.340.050 BMC than would be achieved under a literal enforcement of this chapter (Chapter 38, BMC); b. How the modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and c. How the modifications will assure the protection of the public health, safety and general welfare. d. How the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. If more than one deviation, a response to the criteria shall be provided for each deviation. DEPARTURES 83.For departures, a departure narrative must be provided stating which Section(s) of the Bozeman Municipal Code are proposed for departure, the scope and extent of the plan proposed for departure and a response to the required departure criteria. If more than one departure, a summary and response to the criteria must be provided for each departure. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406.582.2260 fax 406.582.2263 planning@bozeman.net www.bozeman.net N1 Noticing Materials Page 1 of 1 Revision Date 1-05-16 Required Forms: N1 Recommended Forms: Required Forms: NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all condominium owners, within 200 feet of the property located at ________________________________________________________, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. _______________________________________ Signature CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Erik R Nelson , Thinktank Design Group Inc. 615 East Cottonwood ✔ ✔ ✔ Erik Nelson Digitally signed by Erik Nelson DN: cn=Erik Nelson, o=Thinktank Design Group Inc, ou, email=erik@thinktankarchitects.com, c=US Date: 2018.10.26 14:26:23 -06'00' COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 14 PROJECT TEAM OWNER Bangtail Partners LLC. PO Box 2652, Dept 35 Menlo Park, CA 94026 DEVELOPER Imperial Development, LLC Contact: Erik Nelson 33 North Black Ave. Bozeman, MT 59715 406-451-1470 ARCHITECTS ThinkTank Design Group Contact: Erik Nelson / Brian Caldwell erik@thinktankarchitects.com 33 North Black Ave. Bozeman, MT 59715 406-587-3628 Fernau & Hartman Architects Contact: Richard Fernau, FAIA 506 Miles Street Clyde Park, MT 59018 406-686-9193 GENERAL CONTRACTOR Langlas & Associates Contact: Loren Cantrell 1019 East Main, Ste 101 Bozeman, MT 59715 406-585-3420 LANDSCAPE ARCHITECTS Fletcher Studio Contact: David Fletcher 2325 3rd Street, #413 San Francisco, CA 94107 415-431-7878 Dfletcher@Fletcherstudio.com TD&H Engineering Inc. Contact: Jana Cooper 234 E Babcock Street, Ste 3 Bozeman, MT 59715 406-761-3010 CIVIL ENGINEER Sanderson Stewart Contact: Mike Russell 106 East Babcock Street Bozeman, MT 59715 855-656-5255 STRUCTURAL ENGINEER IMEG Engineers (formerly Nishkian-Monks) Contact: Ty Monks 108 West Babcock Street Bozeman, MT 59715 406-582-9901 Ty.R.Monks@imegcorp.com MEP ENGINEER Emerald City Engineers, Inc. Contact: Adam French, P.E. 21705 Highway 99 Mountlake Terrace, WA 98043 425-741-1200 ACOUSTICAL Charles M. Salter Associates, Inc. Contact: Ethan Salter, PE, LEED AP 130 Sutter Street, Floor 5 San Francisco, CA 94104 415-397-0442 BUILDING ENVELOPE Simpson Gumpertz & Heger Contact: Gregory Doelp 100 Pine Street, Suite 1600 San Francisco, CA 94111 415-495-3700 LEED / SUSTAINABILITY Kath Williams + Associates Contact: Kath Williams P.O. Box 1191 Bozeman, MT 59771 406-586-3175 Kath@Kathwilliams.com COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 15 SP1 CHECKLIST SITE PLAN REQUIREMENTS All information and items below must be on site plan sheets and not presented on separate attachments except narratives, legal documents, traffic studies, stormwater, sewer, water and wetland reports, if provided. Project narrative describing the project type, proposed use scope, size (dwellings, building size(s), building height(s), number of buildings, number of total parking spaces) intent, and phasing, if applicable. The narrative must include a response to the City’s conceptual review comments. Name of project/development. Name and mailing address of developer and owner. Name and mailing address of engineer, architect, landscape architect, planner, etc. Location of project/development by street address/legal description. Location/vicinity map, including area within one-half mile of the site. A construction route map showing how materials and heavy equipment will travel to and from the site out to one-half mile. Location, percentage of parcel(s) and total site, and square footage of the following: A. Existing and proposed buildings and structures. B. Driveway circulation and parking areas. C. Landscaped areas. D. Private open space, provide boundary/ies and dimensions of each space provided (if residential requirement) on plans or separate exhibit. Provide a summary total types of dwelling units and total open space required and provided. E. City parks. F. Other public lands (school sites, public access greenway corridors, trail corridors, etc.). sheet AS.00 sheet AS.00 sheet AS.00 sheet AS.00 sheet AS.00 sheet AS.00 sheet AS.01 sheet AS.01 sheets AS.10, AS.11 sheets L1.00-L1.02 sheet AS.03 sheet AS.03 sheet AS.03 1 2 3 4 5 6 7 8 SITE PLAN DATA Boundary line of property with dimensions. Date of plan preparation and changes. North point indicator. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. Parcel size(s) in gross acres and square feet. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use. Total number (with number of bedrooms), type and density per type of dwellings, and total new and gross residential density and density per residential parcel. The density per parcel must be presented as net residential density per section 38.700.130 BMC. sheet AS.02, C1.0 sheet AS.00 sheets AS.01-04, 09-14 sheet AS.01 sheet AS.00 sheet AS.03 sheet AS.03 9 10 11 12 13 14 15 GENERAL PROJECT INFORMATION COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 16 SP1 CHECKLIST CONTINUED SITE PLAN DETAILS The location, identification and dimensions of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUD’s) outside the site boundary, exclusive of public rights-of-way unless otherwise stated. Topographic contours at a minimum interval of 2 feet, or as determined by the director. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development. Existing zoning within 200 feet of the site. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet. The full width of the street including curb, gutter, sidewalk, drive approaches, intersections and street lighting must be shown for both sides of the street. Block frontages. On site streets and rights-of-way. Including curb gutter, sidewalks, and street lights. Ingress and egress points vehicular & pedestrian. Traffic flow on site. Traffic flow off site. All parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking and bicycle rack type and detail, compact spaces, ADA accessible spaces and motorcycle parking, on-street parking (delineated by a 24’ long under interrupted space(s) directly adjacent to the project site outside of site vision triangles and hydrant locations), number of employee and non-employee parking spaces, existing and proposed, and total square footage of each. Setbacks, building footprint and any proposed encroachments. Any setback or property line encroachments must be clearly shown and be noted with encroachment type e.g. Awning, weather protection, cantilever, lighting, eave, etc. Utilities and utility rights of way and easements existing and proposed, including: A. Electric B. Natural gas C. Telephone, cable and similar utilities D. Water E. Sewer (sanitary, treated effluent and storm) Surface water, including: A. Ponds, streams and irrigation ditches (include classifications be based upon a determination of the Gallatin Conservation District; note classification of each feature on plans). B. Watercourses, water bodies and wetlands (include classifications based upon a determination of the Gallatin Conservation District, Army Corps of Engineers, or wetland delineation report; note classification of each feature on plans). sheets C3.0-3.2 sheet AS.01 sheet AS.01 sheets C1.1, 2.0, 2.1, 2.2 sheet AS.04 sheets C2.1, 2.2, 5.0 sheets AS.10, AS.11 see FPUD Appendix E see FPUD Appendix E sheets AS.01, AS.10, AS.11, AS.31, C5.0 sheet AS.11 sheet C5.0 N/A 16 17 18 19 20 21 22 23 24 25 26 27 28 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 17 C. Floodplains as designated on the federal insurance rate map or that may otherwise be identified as lying within a 100 year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis. D. A floodplain analysis report in compliance with Section 38.31 BMC. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Division, or in compliance with BMC Section 14 storm drainage ordinance and best management practices manual adopted by the City. All surface stormwater facilities must demonstrate compliance with Section 38.410.080 BMC including providing cross sections for each facility. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. Which may be incorporated into the storm drainage system for the property shall be designated: A. The name of the drainageway (where appropriate). B. The downstream conditions (developed available drainageways, etc.). C. Any downstream restrictions. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features. Sidewalks, walkways, driveways, crosswalks, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict. Provision for disabled accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including signage and construction details and the applicant’s certification of ADA compliance. A certification block must be provided on the plan sheets. Fences, walls, railings and handrails, including typical details. Permanent trash enclosure and refuse collection areas, including typical details and elevations. Construction management plan include exterior construction period material staging, spoils location and construction trash enclosure location(s). A trash container type must be provided and detailed (40 yard roll off, fenced enclosure, etc.). If spoils storage is proposed a timeline for removal must be provided. Curb, asphalt section and drive approach construction details. Location and extent of snow storage areas. Location and extent of street vision triangles extended to center of right of way including adjacent street intersections and all alley and driveway access points. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 Inches, by species. SP1 CHECKLIST CONTINUED SITE PLAN DETAILS sheets C3.0, 3.1, 3.2, 4.0 sheets C3.0, 3.1, 3.2, 4.0 sheet C3.0 sheets AS.10, AS.11 sheets AS.10, AS.11 sheets AS.30, L6.02 sheets AS.10, AS.11, AS.21 sheet AS.01 sheets sheet L5.00 sheet C2.0 sheets L1.00, L1.01, L1.02, L3.00, L3.01, L3.02 29 30 31 32 33 34 35 36 37 38 39 40 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 18 SP1 CHECKLIST CONTINUED Historic, cultural and archaeological resources, describe and map any designated historic structures or districts, and archaeological or cultural sites. Major public facilities, including schools, parks, shared use pathways, trails, etc. Within a distance of 200 feet. sheet C1.0 sheet AS.01 41 42 PARKLAND AND AFFORDABLE HOUSING If residential, provide the required parkland for the development, including calculations per Section 38.420 BMC (park and recreation requirements) in a table format, see table format in the PLS document. If cash in lieu is proposed, a thorough calculation including the base requirement and any net based upon maximum density, narrative addressing the findings the Commission must make to grant cash in lieu, and the appraisal must be provided to make the request per Section 38.420.030 BMC, unless using City valuation. If parkland is proposed a park plan shall be submitted consistent with Section 38.220.060.A.16 BMC. Source and amount of parkland credit to be used if previously provided. If from a subdivision confirm amount provided and detailed phase information as required in table format outlined in the PLS document. Describe how the site plan will satisfy any requirements of Section 38.380, BMC (affordable housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to the section’s compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. If affordable housing is not being provided place that statement on the site plan sheets with the site data in item 8. If affordable housing is provided, or cash in lieu is proposed use form AH. sheet AS.03 see Appendix H NA NA/ Per PUD NA / Per PUD 43 44 45 46 47 48 LIGHTING DETAIL Lighting plan and electrical site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. A photometric lighting plan that contains a layout of all proposed fixtures by location and type and extends the photometric information to the property boundaries and rights of way. For fueling canopies a second photometric plan is required to specifically analyze the light output underneath the drip line of the fuel canopy. Details for all proposed exterior fixtures that are keyed to the fixtures noted in the lighting electrical plan and the photometric lighting plan. The detail must demonstrate compliance with full cut-off requirements in Section 38.570 BMC and be located on the lighting plan sheets. sheet L7.0 sheet L7.0 sheet L7.0 49 50 51 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 19 SP1 CHECKLIST CONTINUED BUILDING DESIGN AND SIGNAGE Front, rear and side elevations of all buildings, structures, fences and walls with height dimensions and roof pitches. Show open stairways, exterior lighting, weather protection, awnings and other projections from exterior building walls. Building elevations must include proposed exterior building materials, windows and doors including a color and material palette for all proposed features keyed to the building elevations. Provide transparency calculations for any elevation that faces a street and is a block frontage. Provide minimum and maximum height of transparency from grade. Provide area of transparency and percentage in relation to total facade. Provide elevations and details of all ground mounted and rooftop mechanical screening. Floor plans that include all floors and roof plan. Annotate/designate uses for all rooms and areas. Seating/serving area layout required for all restaurants. Exterior signs if applicable. Include building frontage dimension(s) and maximum sign area calculation, provide sign dimensions and square footage of each. Note — the review of signs in conjunction with this application is only review for sign area compliance with Section 38.560 BMC (signs). A sign permit must be obtained from the building division prior to erection of any and all signs, addition design guidelines apply for signs within zoning overlay districts. sheets AS.21-24 sheets AS.21-24 sheet AS.30 sheets AS.10-14 sheets AS.21-24 52 53 54 55 56 LANDSCAPE PLAN A separate landscape plan shall be submitted as part of the site plan application unless the required landscape information can be included in a clear and uncluttered manner on a site plan with a scale where one inch equals 20 feet. All information must be on plan sheets. Project name, street address, and lot and block description. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. Plan preparer shall be a state registered landscape architect; an individual with a degree in landscape design and two years of professional design experience in the state; or an individual with a degree in a related field (horticulture, botany, plant science, etc.) And at least five years of professional landscape design experience, of which two years have been in the state. Location of existing boundary lines and dimensions of the lot. Existing and proposed grade that complies with maximum allowable slope and grade. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot. sheet L0.00 sheet L0.00 sheet L0.00 sheets C1.0, C3.0, C3.1, C3.2 sheets C4.0, C5.0 57 58 59 60 61 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 20 SP1 CHECKLIST CONTINUED Location of all pavement, curbs, sidewalks and gutters. Show location of existing and/or proposed drainage facilities which are to be used for drainage control including proposed landscaping and seeding as required by Section 38.410.080.H BMC. Location and extent of snow storage areas. Location and extent of street vision triangles, extended to the center of right of way. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing and identification of drought tolerant and/or native and adapted species. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated. Size of planting at the time of installation and at maturity. Complete illustration of landscaping and screening to be provided in or near off- street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces. Street frontage landscaping, including boulevard details and tree grate details as applicable based upon block frontage. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer zones demonstrating compliance with watercourse setback planting plan requirements per Section 38.410.100.A.2.F BMC unless previously provided during subdivision review. Location, height and material of proposed landscape screening and fencing (with berms to be delineated by one foot contours). An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features. A description of proposed watering methods including any use of high efficiency irrigation technologies and best practice, source of irrigation water and estimated amount of water consumption broken down by vegetation type (e.g. Turf, shrubs, trees) and total estimated water consumption. Areas to be irrigated and type of proposed irrigation and the irrigation system design plan. Tabulation of performance points earned by the plan per Section 38.550.060 BMC. sheet C4.0 sheet C4.0, sheet L4.01 sheet L5.0 sheet C2.0 sheets L1.00, L1.01, L1.02, L3.00, L3.01, L3.02 sheets L3.01, L3.02 sheets L1.00, L1.01, L1.02, L3.00, L3.01, L3.02, AS.10, AS.11, L6.02 sheet L6.03 sheets L4.00, L4.01, L4.02, L3.00, L3.01, L3.02 sheets L2.00, L2.01, L6.02 N/A sheets L1.00, 1L.01, L1.02 sheets L4.00, L4.01, L4.02 sheets L4.00, L4.01, L4.02 sheet L7.00 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 STREETS AND TRAFFIC Traffic study. Street, traffic, and access information required in Section 38.220.060.A.12 BMC or that the requirement is waived in writing by the engineering division prior to application submittal. see Appendix E77 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 21 SP1 CHECKLIST CONTINUED WATER AND WATER RIGHTS Water rights information. If cash in lieu is proposed a cash in lieu of water rights calculation and payment amount certified by the engineering division. If water wells are proposed, a letter from the department of natural resources confirming their intent to issue a permit or exemption. Section 5 page 82 Section 5 & Appendix xx 78 79 DEVIATIONS Either through the site plan requirement above or separate exhibit clearly show any proposed deviations related to site requirements such as yards/setbacks, lot coverage, parking or other applicable standards. Either through the building elevation requirement above or separate exhibit clearly show any proposed deviations related to building construction such as height, second story additions, or other applicable standards. For deviations in the Neighborhood Conservation Overlay a deviation narrative shall be provided stating which Section(s) of the Bozeman Municipal Code are proposed for deviation, to what extent and include a response to the following: A. How the modification is more historically appropriate for the building and site in question and the adjacent properties, as determined in Section 38.340.050 BMC than would be achieved under a literal enforcement of this Chapter (Chapter 38, BMC); B. How the modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and C. How the modifications will assure the protection of the public health, safety and general welfare. D. How the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. If more than one deviation, a response to the criteria shall be provided for each deviation. sheets AS.02, AS.03, AS.10, AS.11 sheets AS.21-24 see FPUD page 45-49 80 81 82 DEPARTURES For departures, a departure narrative must be provided stating which Section(s) of the Bozeman Municipal Code are proposed for departure, the scope and extent of the plan proposed for departure and a response to the required departure criteria. If more than one departure, a summary and response to the criteria must be provided for each departure. 83 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 22 COTTONWOOD AND IDA RESPONSE TO COMMENTS REFERENCE FROM CONDITIONS OF APPROVAL Re: Cottonwood And Ida PPUD #18165, PUDMOD #20029 CONDITIONS OF APPROVAL Planning Division, Brian Krueger, bkrueger@bozeman.net, 406-582-225 CONDITIONS OF APPROVAL 01. 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. Response: Acknowledged. 02. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. Response: Noted; The application materials for the FPUD include all elements for the SP1 approval. 03. 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: • BMC 38.310.040.C Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. • BMC 38.310.040.C 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. • BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. • BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. • BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45’ to 54’. • BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. • BMC 38.510.030.C Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. • BMC 38.510.030.B Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. • 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. • BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. • 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 Response: The approved relaxations are noted in Section 2 of the FPUD, Related information for each item is contained in the Final PUD plan and Owner documents. The requested relaxations are reflected in the property owners association documents on page 16 under the heading “notice of planned unit development”. 04. 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 COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 23 prior to final planned unit development plan approval. Response: A subdivision Exemption application has been submitted (plan file 20-191) for review prior to this application 05. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual record-able documents or through the subdivision exemption review process prior to final planned unit development plan approval. Response: An Amended plat has been submitted as part of the Subdivision Exemption application (plan file 20-191) showing the appropriate easements 06. 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. Response: An Amended plat has been submitted as part of the Subdivision Exemption application (plan file 20-191 showing the appropriate easements. See also Condo Declarations Article III, “Public Access Easement” 07. No property may be removed from the covenants without written approval of the City of Bozeman. Response: Acknowledged; this provision has been incorporated into the development covenants. We will have more information. A covenant that no property may be removed from the covenants without written approval by the City of Bozeman was added to the Condominium Declaration under Article XIV (F) 08. 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 the consent of the City. Response: Acknowledged. 09. 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 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. Response: Draft documents relating to the PUD Recorded provisions are contained in Appendix S. The recording numbers for the conditions of approval can be found in Appenix S. The recording numbers for the POA documents can be found in Appendix L. Additional Detail can be found in the City of Bozeman plan files C and I PPUD 18165 and PUD Modification 20029. 10. A signed and recorded waiver of right to protest a city-wide park maintenance district must be provided with the final planned unit development plan. Response: Draft documents relating to the signed waivers of right to protest Parks maintenance are contained in Appendix H. 11. The off-site parking agreement must be for a minimum term of 25 years and must be completed, executed and filed prior to subsequent site plan approval. Response: Draft documents relating to the off-site parking agreement are contained in Appendix J. An off-site parking agreement with a minimum term of 25 years has been drafted for review. 12. The off-site 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 off-site parking agreement. REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 24 Response: The off-site parking agreement has been incorporated into the Declaration under the heading “parking areas” sub item (ii) on page 6. It includes that the lease is a required responsibility of the association and a requirement to assess for and pay any fees related to the same. 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 on-line on the City’s Architecture Inventory Map. Response: Documents relating to the historic property record are contained in Appendix M. 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 A, underlying buildings 1, 2, and 6. Response: Draft documents relating to the deed restriction for affordable housing are contained in Appendix Q. A notice of restricted lot has been drafted for review with the required language. While item 14 suggested a deed restriction unless the property is changing hands there is no way to include a deed restriction. In other words, Bangtail Partners, LLC currently owns the land and is not intending to transfer ownership. A deed restriction cannot be created from Bangtail to Bangtail with a deed restriction in it as it would be void. The drafted notice will be on file and of record with the Gallatin County Clerk and Recorder’s office and specifically states that the restriction cannot be removed without the prior written consent of the City and HRDC. This will put all future potential buyers on notice of the restriction. 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 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. Response: Draft documents relating to the signed waivers of right to protest are contained in Appendix P. A waiver of right to protest has been drafted for review and will be filed once the Ammended Plat is so that lots can be appropriately designated. 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. Response: Designs for this have been reviewed and current submittal shows the configuration agreed to see Civil set. REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 25 SECTION 4 - REQUIRED CODE PROVISIONS 01. BMC 38.220.050. A final approved weed control plan must be submitted prior to planned unit development final plan approval. Response: Documents relating to the approved weed management plan are located in Appendix D. 02. 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. Response: Documents relating to irrigation demand and DNRC comments are contained in Appendix G. 03. 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. Response: The property owners association documents include the requirements of Sections 38.220.300, 310 and 320. Specifically: • 38.220.310 (A)(i) the transfer of ownership of common areas, facilities or infrastructure to the Property Owners Association is automatic under the Unit Ownership Act. • 38.220.310 (A)(ii) the Condominium Declaration provides for the perpetual maintenance of the common area facilities and infrastructure by the Property Owners Association. See page 8, Exhibit I, page 17, 20, 22, and 23. • 38.220.310 (A)(iii) Condominium Declaration Exhibit J identifies access to the common areas or facilities that are available to the public or restricted to the Unit Owners. • 38.220.310 (B)(1) attached please find draft Articles of Incorporation for the Property Owners Association. Also attached please find drafts of the Bylaws of the Association of Unit Owners. • 38.220.310 (B)(2) Article II of the Bylaws of the Association requires that membership is automatic and mandatory for each Unit. • 38.220.310 (B)(3) means of enforcing the covenants and of receiving and processing Complaints is contained in the Condominium Declaration under Article V “Enforcement” on pages 21 and 22. • 38.220.310 (B)(4) common area and facilities are perpetually reserved under the Condominium Declaration, Article XIV(H). • 38.220.310 (B)(5) the Association is responsible for liability insurance, tax and maintenance of common areas under the Condominium Declaration, Article XIV(I) • 38.220.310 (B)(6) Unit Owners must pay a pro-rata share of common expenses with any assessment charge becoming a lien when necessary pursuant to Article V “Payment of Assessments” on page 22. • 38.220.310 (B)(7) the Association may adjust the assessment to meet changing needs pursuant to Article V. • 38.220.310 (B)(8) transfer of ownership and control of common areas and facilities occurs automatically under the Unit Ownership Act. • 38.220.310 (B)(9) a requirement that permission of the City Commission be required before the Association can be dissolved or boundaries altered and set forth under Article XIV(J). • 38.220.310 (B)(10) a regular maintenance program for common areas and facilities is attached to the Declaration as Exhibit “I”. • 38.220.310 (C) is addressed under Article XIV(L). • 38.220.320 (A)(1) is in Declaration Section XIV (A); • 38.220.320 (A)(2) is in Declaration Section XIV (B); • 38.220.320 (A)(3) is in Declaration Section XIV (C); • 38.220.320 (A)(4) is in Declaration Section XIV (D); • 38.220.320 (A)(5) is in Declaration Section XIV (K); • 38.220.320 (A)(6) is in Declaration Section XIV (L); • 38.220.320 (A)(7) is in Declaration Section XIV (E); • 38.220.320 (A)(8) is in Declaration Section XIV (M); • 38.220.320 (A)(9) is in Declaration page 1, paragraph 2 and page 10; • 38.220.320 (A)(10) is in Declaration page 13, Exhibit I and Section XIV (H); REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 26 04. 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. Response: Acknowledged , this application also serves as the subsequent site plan application with all materials required by the SP1 checklist 05. 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. Response: Draft documents relating to the concurrent construction plan are contained in Appendix R. 06. 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 obtained from the Montana Public Service Commission. Provide approval for encroachment prior to approval of planned unit development final plan. Response: Utility providers have been notified and letters of approval have been provided and are contained in Appendix N. 07. 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. Response: Acknowledged, Draft documents relating to the cash in lieu for parkland are contained in Appendix H. 08. 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. 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. Response: Acknowledged. 09. 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. Response: Locations for services has been noted on both Civil and Architectural plans FPUD sheets C5.0 & A.30, AS.31 10. BMC 38.540.070 Off-site parking. Provide site plan for off-site 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 off-site 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. Response: Acknowledged, A diagram showing conformance with distance requirements is shown on Plan sheet AS.01 Draft documents relating to the long term parking agreement are contained in Appendix J. REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 27 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. Response: See sheet L4.00, L4.01, L4.02 & L9.00 in Landscape set. 12. BMC 38.550.060.A.1.(updated as 38.550.050.M) 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. Response: Acknowledged, see landscape sheets L0.00 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 include language to this effect and be reviewed and approved prior to final PUD approval. Response: The Property Owners Association is responsible for maintaining the street angled parking pursuant to Condominium Declaration, Article II “Parking Areas”, (iii) on page 7. 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. Response: Acknowledged, adjacent property owner is relocating this at developers expense and will be completed prior to final PUD approval. 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. Response: The Declaration prohibits vehicular access other than for emergency purposes. Roads will be for emergency services only see Article IV “Uses” (p). page 18 of 49 b. City approved barricades are placed at both the north and south access points. Response: Bollards indicated in the design have been coordinated with BFD for compliance and have been indicated on the plans c. The street vision triangles for the north and south access points be removed from the final PUD submittal. Response: The vision triangles for the EVA have been removed from the site plans. 16. BMC 38.400.100.C 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. Response: Acknowledged. Plans have been updated with the correct vision triangles 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. Response: A amended plat has been submitted prior to this application through a subdivision exemption the materials relating to this condition can be found there. See Amended plat submitted with the Subdivision Exemption application (plan file 20-191) REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 28 18. BMC 38.410.070.A.1 Certified water and sewer design reports must be provided prior to final PUD approval. Response: Design documents relating to water and sewer design reports are contained in Appendix F. 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 to 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. Response: Design documents relating to water and sewer design reports are contained in Appendix F. 20. BMC 38.430.070.A a. All public infrastructure, both on and off-site, must be installed with the first phase of development. Response: All public infrastructure will be installed in the first phase of the development documents relating to concurrent construction are contained in Appendix R. 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. Response: The Rowhouses have been provided usable open-space per this section, details to which can be found on FPUD sheet AS.11 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. Response: The Rowhouse designs comply with this section see FPUD Sheets AS.21 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. Response: All utilities servicing the site have been placed underground, see Civil sheets CS.5 for locations and details. 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. Response: See Condo Declaration for Tinworks Article III “Public utility easements” for underground requirements. Private utility easements have been located on the amended plat - see Subdivision Exemption application (plan file 20-191) 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. Response: See Civil sheets for private utility plans C.xx to be submitted with SP1 See also Condo Declarations Article III “easements of utilities” 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 REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED COTTONWOOD + IDA SP1 SUMITTAL || JANUARY 2021 page 29 recorded prior to final PUD approval. Response: See Condo Declarations Article III, “Mutual Access Easements” for units CDE 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. Response: See Amended plat submitted with the Subdivision Exemption application (plan file 20-191) 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 Response: The locations for snow removal have been indicated on the landscape and civil plans see sheets L.xx & C.xx. See also Condo Declarations Article VII “Snow Removal and Open Space Maintenance” SOLID WASTE ITEM A requirement that each building identify an individual to be responsible for taking the dumpster to the curb on pickup date and once empty return it to its designated area has been added to the Declaration under Article IV, “Use” (j) on page 15. Additionally see Solid Waste Plan Section 5 of this FPUD document for details. REFERENCE FROM CONDITIONS OF APPROVAL CONTINUED