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HomeMy WebLinkAbout20221 Staff Report20221 Staff Report for the Cottonwood and Ida Final Planned Unit Development (FPUD) Page 1 of 23 20221 Staff Report for the Cottonwood and Ida Planned Unit Development (PUD) Final Plan Date: April 23, 2021 Project Description: A Final Planned Unit Development (FPUD) application to allow a mixed residential and commercial development with relaxations to zoning regulations requested for apartment building use, building height parking, street design, restaurant design, transparency, front setbacks and a request for concurrent construction. Project Location: The combined 2-acre property (”Site”) is legally described as Amended Plat of Lots 5-28, Block 105 and adjoining vacated alley within the Northern Pacific Addition to Bozeman located in the SE ¼ of S06, T02 S, R06 E, P.M.M., Gallatin County, Montana. Project Addresses: Building A is 604 E. Aspen Street; Building B is 618 E. Aspen; Building C is 719 N. Ida Avenue; Building D is 715 N. Ida Ave.; Building E is 711 N. Ida Ave.; Building F is 615 E. Cottonwood St.; and Building G is 607 E. Cottonwood Street. Recommendation: Sufficient for approval with conditions and code provisions Report Date: April 23, 2021 Staff Contact: Susana Montana, Senior Planner Executive Summary The property owner/Applicant submitted an application to develop an existing underutilized site in the Northeast Historic Mixed Use District, NEHMU. The “in-fill” Site is accessed from a future extension of East Aspen Street and from East Cottonwood Street. There is street frontage on E. Aspen Street, N. Ida Street and E. Cottonwood Street. The development proposes a mix of uses including apartment buildings, rowhouses, office space within an apartment building, a commercial building including office space, artisan manufacturing space, food service space, and reuse of an historic warehouse for a café and/or community gathering space. Underground parking, on-street parking and off-site parking would be provided for all uses. A publicly-accessible open space plaza would be provided as well as private and common open space areas for residents and commercial tenants. The project would be owned by a “master” condominium association with similar condo associations for each building group. The project qualifies for PUD status due to the performance points provided in additional open space, affordable housing units, sustainable reuse of the warehouse building and new energy-efficient buildings designed to meet LEED ND (Leadership in Energy and Environmental Design-Neighborhood Development) standards. Project 20221; Cottonwood and Ida Final Planned Unit Development Page 2 of 23 Figure 1: Project Location with zoning (HMU refers to the Northeast Historic Mixed Use District) Figure 2: Recorded re-plat reducing 28 lots to 3 Project 20221; Cottonwood and Ida Final Planned Unit Development Page 3 of 23 Figure 3: Building Locations on Site Proposed Development The Final PUD proposal includes seven buildings on three lots. 1. The largest building, Building A, on the 1.043-acre Lot A is a 33,769 square foot (sf) mixed-use building with 3,775 sf of commercial space and 15 apartment dwelling units (three 1-bedroom units and twelve 3 bedroom units); 2. The 38,398 sf Building B also on Lot A is wholly residential with 49 rental apartment units of which 22 are efficiency/studio units and 27 are 1-bedroom units. Included within Building B are 7 affordable dwelling units meeting the Affordable Housing Plan (AHP) of the Final PUD in which the 7 units would be rented to households earning no more than 60% of the area’s median income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). This AHP remains in effect for not less than 20 years; Project 20221; Cottonwood and Ida Final Planned Unit Development Page 4 of 23 3. Building C, D and E are rowhouses with three dwelling units each. Each approximately 7,500 sf building would provide two 2-bedroom units and one 3-bedroom unit. 4. Building F is a 27,944 sf commercial building providing office space, artisan workspace and a 2,200 sf restaurant space with 775 sf of outdoor seating; 5. Building G is a 2,156 sf existing older warehouse building that would be renovated for commercial and community gathering spaces; 6. A variety of private and public open space areas are provided within the Site, including an 8,726 sf “Mill Yard” publicly-accessible plaza; 7. A total of 189 parking spaces are provided including 62 spaces in an underground parking structure exclusively for residents’ use; 18 spaces in 2-car garages for rowhouse residents in Buildings C, D and E; 26 on-street spaces along the Cottonwood, Ida and Aspen street frontages; and 83 spaces leased for 20-years at a nearby, off-site parking lot or structure. 8. The project will be organized under a condominium regime where each building will pay a proportionate share to the condo master to cover common areas (including public common areas) and general maintenance. Each building will also have its own condominium owner’s association that can manage more building-specific issues such as elevators, stair towers, mail rooms and other common and limited common elements. 9. The site planning will be certified by the U.S. Green Building Council as a Leadership in Energy and Environmental Design Neighborhood Development (LEED ND). The project is being planned, designed, engineered and constructed to yield a development that makes much more efficient use of land and resources than land-use patterns typical for the region - thus reducing overall energy consumption. In addition to the overall site planning, strategies will be employed in the individual buildings to reduce energy consumption and promote long-term sustainable practices across the project - including low-flow plumbing fixtures, high-performance windows, energy efficient appliances, low-voltage lighting, and onsite recycling facilities. 10. The entire development would be built in a single phase. Project 20221; Cottonwood and Ida Final Planned Unit Development Page 5 of 23 Figure 4: Site Plan Bldg A Bldg B Bldg C Bldg D Bldg E Bldg F Bldg F Project 20221; Cottonwood and Ida Final Planned Unit Development Page 6 of 23 Figure 5: Building Use Table Figure 6: Site renderings—view facing northeast Project 20221; Cottonwood and Ida Final Planned Unit Development Page 7 of 23 Figure 7: Building Locations and Renderings Property Conditions The subject property is zoned Northeast Historic Mixed Use District and lies within the Neighborhood Conservation Overlay District. The Community Plan Future Land Use designation of Community Commercial Mixed Use. The site is 2.06 acres in size. The north half of the property includes four multi-use storage and warehouse buildings constructed at various times beginning in 1960. All buildings on the north half of the property are proposed for demolition. The demolition of these buildings requires approval of a Commercial Certificate of Appropriateness granted by the Director of the Community Development Department. Project 20221; Cottonwood and Ida Final Planned Unit Development Page 8 of 23 The south half of the site includes a grain warehouse building constructed in 1930. The grain warehouse is proposed to remain and be adaptively-reused through the site plan development process for use as a restaurant/community building. PUD Project History A Preliminary PUD application, Project No. 19174, was conditionally-approved by the City Commission on March 25, 2019. The conditions for the Preliminary PUD approval are noted below on page 12. A minor modification to the Preliminary PUD was requested by the Applicant on March 19, 2020, Project No. 20029. On April 4, 2020, the Preliminary PUD Modifications were approved with the same conditions as the Preliminary PUD noted below. The March 2020 PPUD Modification application requested and was granted administrative approval for the following minor modifications per BMC 38.430.040.3.d.1: • Reduce the number of dwelling units by 19 (from 92 to 73 units); • reduce residential parking spaces by 13 (118 to 105 spaces); • relocate land uses within the existing 6 buildings; • relocate the underground garage access point further east to mid-block of E. Aspen Street; • add a north/south multi-modal access lane (a “woonerf” lane) within the Site; and • change some building rooflines. In December 2020, the Applicant was granted a Subdivision Exemption, Project No. 20191, to combine 28 lots on the subject property into 3 lots within Block 105 of the Northern Pacific Addition to the City of Bozeman Subdivision. Pursuant to BMC Section 38.240.310.A.6, the proper use of the exemption for aggregation of lots is the aggregation of lots within a platted subdivision which does not increase the total number of lots within the subdivision. This was the case for this amended subdivision which reduced the number of lots from 28 to 3 and was approved administratively on January 11, 2021. On July 1, 2020, the Applicant submitted an application for the Final PUD. This application was reviewed by the City’s Development Review Committee (DRC) and was deemed by the DRC as inadequate for further review on September 10, 2020; revisions were required. A revised Final PUD application was submitted on February 22, 2021 and, again, was reviewed by the DRC. PUD Performance Points Pursuant to BMC Section 38.430.090.E.2.a.7, a PUD requires at least 20 Performance Points in order to be granted approval. Points can be met using any combination of on-site and off-site open space, affordable housing, reuse of historic buildings or Brownfield sites, innovative on-site storm water treatment systems (characterized as Low Impact Development elements), LEED-ND design and build features, among other options listed in the UDC. The Cottonwood and Ida PUD incorporates 55points earned by incorporating the following elements: Affordable Housing 28.5 points Three points for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period not Project 20221; Cottonwood and Ida Final Planned Unit Development Page 9 of 23 less than 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, and annual re-certification. Per UDO 38.700.020 Affordable housing. Housing for persons earning less than 65 percent of the area’s annual median income (AMI) for rental housing and 100 percent of the area’s annual median income for purchased housing. Further, affordable housing does not require greater than 33 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development (HUD). Points achieved = 21 (7 rental units [ 9.5%] will be provided at rental rates at a maximum of 60% AMI. Additional open space 12.12 points One and ¼ point for each percentage of the project area that is provided as publicly accessible open space. Project land area =90,000 sf. Publicly-accessible plaza area = 8,726 sf / 9.6% of the project total. This is the public plazas indicated as Mill Yard. Designed to meet LEED-ND 15 points The project design is based on LEED ND (Leadership in Energy and Environmental Design-Neighborhood Development) criteria. The Applicant has designed the project to achieve these points. The project has been registered and certified under current LEED version 4. The project is on track to achieve LEED Neighborhood Development Plan certification and possibly LEED Silver. Project 20221; Cottonwood and Ida Final Planned Unit Development Page 10 of 23 Figure 8: Potential PUD Performance Points and Points Earned by the Project Project 20221; Cottonwood and Ida Final Planned Unit Development Page 11 of 23 Figure 9: Building elevations Project 20221; Cottonwood and Ida Final Planned Unit Development Page 12 of 23 Preliminary PUD Conditions of Approval and their Current Status The conditions of approval and applicable required code provisions for the Preliminary PUD, as modified, are as follows. The current status of the condition is noted in [bold bracketed text] after each condition. 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. [Ongoing—see Condition of approval No. 1 on page 20 of this report.] 2. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. [Ongoing—see Condition of approval No. 2 on page 20 of this report.] 3. The following eleven approved relaxations to the following BMC sections were granted by the Preliminary PUD and must be reflected in the Final PUD plan, design guidelines and associated property owners’ association documents as approved [Completed and on-going; see Condition of approval No.3 on page 20 of this report. ]: 1. BMC 38.310.040.C Table of Uses. The application requests for to add apartment buildings as an allowable use in the NEHMU district. 2. 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. 3. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. The application proposes to allow zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the allowable maximum height to be increased from 45’ to 54’. 6. BMC 38.320.050 Form and Intensity Standards. The application proposes to increase the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.C Landscape Block Frontage. The application proposes to decrease the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.B Storefront Block Frontage. The application proposes to decrease the required commercial transparency from 60% to 30%. 9. BMC 38.540.050.A.1 Residential Parking Standards. The application proposes to reduce the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit. The application proposes to reduce the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. 10. BMC 38.540.050.A.2 Non-residential Parking Standards. The application proposes to reduce all nonresidential parking standards by 40%. 11. BMC. 38.400.050.A.1 Street Design. The application proposes to not construct the street according to the adopted designs for local streets and instead construct East Cottonwood Street with back-out angled parking. 4. Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin Project 20221; Cottonwood and Ida Final Planned Unit Development Page 13 of 23 County, Montana must be aggregated and/or the common boundaries of said lots must be reconfigured through the applicable subdivision review process to accommodate the project prior to final planned unit development plan approval. [Completed] 5. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual recordable documents or thorough the subdivision exemption review process prior to final planned unit development plan approval. [Completed] 6. Public access easements must be provided for as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. [Completed] 7. No property may be removed from the covenants without written approval of the City of Bozeman. [Ongoing—see Condition of approval No. 4 on page 21 of this report. ] 8. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. [Ongoing-see Condition of approval No. 5 on page 21 of this report.] 9. A notice prepared by the City must be filed concurrently with the amended plat so that it will appear on title reports. It must read substantially as follows “The Amended Plat of Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana known as the Cottonwood and Ida Planned Unit Development (PUD) are subject to specific design standards, unique building setbacks and heights, parking requirements and uses. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Cottonwood and Ida Planned Unit Development and are in place of the general development standards of the same subject of the City of Bozeman Zoning. If a development standard is not specifically established in the Cottonwood and Ida PUD approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Cottonwood and Ida Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan.” [Completed] 10. The applicant must execute at the Gallatin County Clerk & Recorder's Office prior to approval of the final Planned Unit Development, a waiver of right-to-protest creation of a City-wide special district for parks and trail, which would provide a mechanism for the fair and equitable assessment of costs for City parks and trails. [Completed] 11. The offsite parking agreement must be for a minimum term of 25 years and must be completed, executed and filed prior to subsequent site plan approval. [Completed] 12. The offsite parking agreement must be incorporated into the property owners’ association documents as a required responsibility of the association along with the requirement to assess for and pay any required fees to satisfy the long term offsite parking agreement. [Completed] 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 Project 20221; Cottonwood and Ida Final Planned Unit Development Page 14 of 23 description, digital interior and exterior elevation photographs, site map, and a quadrangle map. A modified completion of the Montana Historic Property Record is a documentation of the current structure conditions and not an analysis of the historic integrity of property. The modified property card will be housed permanently online on the City’s Architecture Inventory Map. [Completed] 14. A deed restriction requiring affordable housing in the applicable amount proposed for planned unit development performance per the definition in BMC 38.700.020 must be placed on Lot 1, underlying building’s A and B. [Completed] 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: [Completed] 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. [Completed] 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. [Completed with approved design by City Engineer] Project 20221; Cottonwood and Ida Final Planned Unit Development Page 15 of 23 Relevant required BMC code provisions as conditions of Preliminary PUD approval and their current status: 1. BMC 38.220.050. A final approved weed control plan must be submitted prior to planned unit development final plan approval. [Completed] 2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. Clarify the nature of the existing well and water right to support the new demand. Provide letter from DNRC confirming water right or intent to issue right to support the project prior to approval of the planned unit development final plan. [Completed] 3. BMC 38.220.300 and 310. The property owners’ association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the planned unit development final plan. [Completed] 4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and approved for all phases of this development prior to building permit issuance. [Completed] 5. BMC 38.270.030.D. For concurrent construction provide a full response to the required items in Section 38.270.030.D BMC. The concurrent construction response was provided, but not in accordance with the required section. Provide response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. [Ongoing-see staff-recommended BMC Code Provision No. 2 as a Condition of Approval on page 21 of this report.] 6. BMC 38.410.060.B.4. Encroachments proposed in required ten foot private utility easement areas required along all streets. No written approval from all utility companies is provided as required. The current and entire list of utility companies operating in Montana can be attained from the Montana Public Service Commission. Provide approval for encroachment prior to approval of planned unit development final plan. [Completed] 7. BMC 38.420.030. Cash-in-lieu of land dedication for parkland. Cash-in-lieu of parkland has not been paid. The cash in lieu amount due is required to be paid prior to subsequent site plan approval. [Ongoing-see staff-recommended BMC Code Provision No. 6 as a Condition of Approval on page 22 of this report.] 8. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved modified 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 Project 20221; Cottonwood and Ida Final Planned Unit Development Page 16 of 23 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 modified 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. [Completed] 9. BMC 38.520.070 Location and design of service areas. No detailed service areas identified for gas and electric entrance locations into the buildings or proposed methods to separate and mitigate impacts as required. Show gas and electric locations with the true size and extent of all proposed meters as required per SP1 on entire site and the proposed locations for private utility entrance locations into the buildings. Planned unit development final plan must provide clear information on utility entrances into each building and demonstrate compliance with this code section with the subsequent site plan. [Completed through site plan application submittal, Project No. 20234] 10. BMC 38.540.070 Off-site parking. Provide site plan for offsite parking that demonstrates the proposed lot meets all requirements of the BMC and the off-site parking code section. Clarify the uses proposed to utilize the offsite parking and provide exhibit showing compliance with distance requirements per use. Provide draft long term parking agreement or draft deed restriction in order to demonstrate compliance with BMC 38.540.070.6 with planned unit development final plan. [Completed] 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. [Completed] 12. BMC 38.550.060.A.1. The PUD open space landscape plan must meet the requirements of 23 performance points and be finalized and completed with the subsequent site plan application. [Completed] 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. [Completed] 14. BMC 38.400.010.A.8. The existing satellite dish encroaching into the emergency access route at the northwest portion of the Site must be removed prior to final PUD approval to ensure emergency services are not inhibited. [Ongoing. The Applicant would like to implement this requirement during construction of Building A and the emergency access lane along the western property line. This would require issuance of a building permit for those elements. Therefore, implementation of this code requirement has been made a condition of this Final PUD as well as of the development’s site plan approval which will state: “Completion of this code requirement must be demonstrated prior to issuance of a Certificate of Occupancy for Building A to ensure emergency services are not inhibited..” -see staff-recommended BMC Code Provision No. 1 as a Condition of Approval on page 22 of this report.] 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 Project 20221; Cottonwood and Ida Final Planned Unit Development Page 17 of 23 reviewed and approved prior to final PUD approval. [Completed] b. City approved barricades are placed at both the north and south access points. [Completed] c. The street vision triangles for the north and south access points be removed from the final PUD submittal [Completed] 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. [Completed] 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. [Completed] 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. [Completed] 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. [Completed] 18. BMC 38.410.070.A.1 Certified water and sewer design reports must be provided prior to final PUD approval. [Completed] 19. BMC 38.410.080.A A certified drainage report for the public right-of-way drainage must be reviewed and approved by the City prior final PUD approval. [Completed] 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. [Completed] 20. BMC 38.430.070.A a. All public infrastructure, both on and offsite, must be installed with the first phase of development. [Executed and recorded Improvements Agreement and financial surety assures completion.] 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. [Completed] Project 20221; Cottonwood and Ida Final Planned Unit Development Page 18 of 23 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. [Completed] 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. [Completed] 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. [Completed. The existing overhead power line along N. Ida will be relocated underground through the new north/south “woonerf” private drive lane that bisects the Site from E. Cottonwood to E. Aspen streets.] 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. [Completed] 26. BMC 38.400.090.C.3.c A mutual access easement or other City approved legal mechanism must be provided for the shared drive access along the western edge of Lots, 2, 3, and 4, identified as “Private Alley Woonerf” on the plans. The easement must be recorded prior to final PUD approval. [Completed] 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. [Completed] 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. [Completed] PUD Conditional Use Code Provisions: Per BMC 38.430.020, any PUD is considered as a conditional use within the zoning district in which it is located. The criteria for conditional uses, per 38.230.110, shall be met in addition to the criteria for a PUD per 38.430.090.E. 1. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, Project 20221; Cottonwood and Ida Final Planned Unit Development Page 19 of 23 successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. [On- going-see Condition of approval No. 6 on page 21 of this report.] 2. Sections 38.230.110.I. and 38.200.030 describe the process for termination/revocation of a conditional use permit approval: [On-going—see Condition of approval No. 6 on page 21 of this report.] Final Plat Review Criteria Evaluation, BMC Section 38.430.040.A.3.b. and c. The following Final PUD review criteria have been met by the February 22, 2021 revised Final PUD submittal: b. Review criteria; compliance with preliminary plan. 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 must be met and: (1) The final plan does not change the general use or character of the development; (2) 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; (3) The final plan does not decrease the open space and/or affordable housing provided; (4) 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 (5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. c. 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. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. (1) Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicants can request relaxations from the code in exchange for a higher quality of design. The obligation Project 20221; Cottonwood and Ida Final Planned Unit Development Page 20 of 23 to show a superior outcome is the responsibility of the Applicant. The Applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the strict application of the NEHMU district. Background of other Advisory Board and Public Review of the Preliminary PUD. The Design Review Board (DRB) reviewed the Preliminary PUD application on February 27, 2019. The Design Review Board is the design review advisory body to the City Commission on this application. The DRB recommended approval of the project with the conditions and code provisions outlined in this staff report. The Recreation and Parks Advisory Board Subdivision Committee reviewed the Preliminary PUD application on March 8, 2019 and recommended approval of the Applicant’s proposal to utilize cash-in-lieu (CIL) of parkland for the parkland requirement for the development. The Community Affordable Housing Board reviewed the Preliminary PUD application on March 13, 2019 and recommended approval of the Applicant’s proposal to utilize affordable housing in order to meet PUD performance points. Public comment was received on the Preliminary PUD application. There were eight public comments received. Seven were in favor of the application and one was not in favor of the application citing concerns with the requested reduced setbacks, parking reductions and increased building height. Per 38.220.410, public notice is not required for Final Plat applications. However, as a courtesy to the public, the Final PUD submittal plans and documents have been posted on the Department’s Public Information Portal GIS map for the property. Advisory Board Review of the Final PUD. The Development Review Committee (DRC) reviewed the Final PUD application. Based on its evaluation of the application against the Final PUD review criteria, the DRC supports the approval of the Final PUD and supports the granting of concurrent construction for this project with the satisfaction of all code requirements related to concurrent construction with the Final PUD application. Staff Evaluation of the Final PUD Pursuant to BMC Section 38.430.A.3, approval of a Final PUD is an administrative action by the Community Development Department Director if the Final Plan review criteria of subsection b, noted above, are met. With the conditions of approval and Code provisions noted below, staff opines that the February 22, 2021 revisions to the Final PUD application are in compliance with the approved Preliminary PUD plan and the conditions of approval of the Preliminary PUD have been met or are assured to be met through the subsequent site plan process and/or appropriate financial sureties. As such, the Final PUD meet the criteria of BMC 38.430.040.A.3 for approval of the Final PUD with the conditions of approval and Code provisions recommended by staff and noted below. Project 20221; Cottonwood and Ida Final Planned Unit Development Page 21 of 23 Staff-recommended Conditions of Approval and Code Provisions for approval of the Final PUD Staff recommends conditional-approval of the Final PUD with the following conditions and BMC Code provisions. 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. The Final Planned Unit Development (FPUD) plan must be edited to reflect these conditions of approval and BMC Code provisions and edited to reflect a single, cohesive document prior to the approval of any subsequent site plan for the subject property. The eleven approved relations shall be listed at the beginning of the document along with the conditions of approval. At appropriate locations within the document, the following text shall be added: “Where development or design standards are silent within this document, the most current standards of the Bozeman Municipal Code shall apply.” 3. The following eleven approved relaxations to the following BMC sections shall be reflected in the Final PUD plan, design guidelines and associated property owners’ association documents as approved. (1). BMC 38.310.040.C. Table of Uses. Apartment buildings are an allowable use in the Final PUD property. (2). BMC 38.310.040.C. Table of Uses. The maximum size of restaurant use in the Final PUD property shall be 2,200 square feet, as shown in the PUD site plan. (3). BMC 38.320.050. Form and Intensity Standards. The required front setback shall be 8 feet, as shown in the PUD site plan. (4). BMC 38.320.050. Form and Intensity Standards. Zero lot line conditions are allowed within the PUD property, as shown in the PUD site plan. (5). BMC 38.320.050. Form and Intensity Standards. The maximum building height shall be 54-feet, as shown in the PUD site plan. (6). BMC 38.320.050. Form and Intensity Standards. The maximum lot coverage in the Final PUD property shall be 45%. (7). BMC 38.510.030.C. Landscape Block Frontage. The required residential transparency shall be 8%, as shown in the PUD site plan. (8). BMC 38.510.030.B. Storefront Block Frontage. The minimum required commercial transparency shall be 30%, as shown in the PUD site plan. (9). BMC 38.540.050.A.1. Residential Parking Standards. The parking requirement for efficiency units in the Final PUD property shall be 1 space per unit. The parking requirement for one bedroom units shall be 1.25 spaces per unit. (10). BMC 38.540.050.A.2. Non-residential Parking Standards. All nonresidential Project 20221; Cottonwood and Ida Final Planned Unit Development Page 22 of 23 parking standards of this BMC section shall be reduced by 40% within the Final PUD property. (11). BMC. 38.400.050.A.1. Street Design. East Cottonwood Street may be constructed with back-out angled parking, as shown on the PUD site plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 5. The City of Bozeman has relied upon the overall design and design standards required as part of the Final planned unit development application. The design and design standards may not be altered without consent of the City. 6. BMC 38.430.020. Any PUD is considered as a conditional use within the zoning district in which it is located. The criteria for conditional use of this Final PUD, per 38.230.110, are met with these conditions of approval and Code provisions. These Final PUD conditions of approval and BMC Code provisions shall be recorded with the County Clerk and Recorder and a copy of the recorded document shall be provided to the Director. Relevant required BMC code provisions as conditions of this Final PUD 1. BMC 38.400.010.A.8. The existing satellite dish encroaching into the emergency access route must be removed prior to issuance of a Certificate of Occupancy for Building A to ensure emergency services are not inhibited. 2. BMC 38.270.030.- Completion of Improvements: Site plan concurrent construction of the public infrastructure required for Phase 1 is approved contingent upon the following: a. Plan approval from the City of Bozeman for all public infrastructure b. Plan approval from the Montana Department of Environmental Quality for the public mains c. Written approval from the City’s Fire Department d. Provide an executed original Irrevocable Offer of Dedication specific to this site plan prior to Building Permit approval. 3. BMC 38.400.070. - Street Lighting: The required public street light must be included in a Special Improvement Lighting District (SILD) in accordance with the City of Bozeman Lighting and Electrical Specifications prior to occupancy for Phase 1. 4. 38.410.130. – Water Adequacy: Water rights and/or payment of cash-in-lieu of water right is required prior to building permit approval. 5. BMC 40.04.720 – Maintenance of stormwater facilities: Stormwater facilities located in the public right are not owned by private entities, however, the proposed Project 20221; Cottonwood and Ida Final Planned Unit Development Page 23 of 23 facilities are non-standard. City does not have the capacity to maintain the proposed systems at this time. As proposed the facility must be maintained by the POA. Prior to occupancy a legal instrument must be recorded on the POA’s properties clearly indicating this maintenance responsibility. 6. 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. 7. Fire Code Provision Advisories a. Fire sprinklers and fire alarms are required for Buildings A,B and F; b. Fire Standpipes due to height are required for Buildings A and B; c. Fire hydrant shall be within 100 feet of FDC for standpipes; d. FDC’s shall be on street fronts, not internal; e. Add fire hydrant to E Aspen St, none shown; and f. Due to enclosed parking garages, they will need to meet all venting and air monitoring requirements.