HomeMy WebLinkAbout20221 Approval LetterPage 1 of 4
April 30, 2021
Erik Nelson
Thinktank Architects and Design Group
erik@thinktankarchitects.com
RE: Project 20221; Cottonwood and Ida Planned Unit Development Final Plan (FPUD) for
Building A is 604 E. Aspen Street; Building B is 618 E. Aspen Street; Building C is 719 N. Ida
Avenue; Building D is 715 N. Ida Avenue; Building E is 711 N. Ida Avenue; Building F is 615 E.
Cottonwood Street; and Building G is 607 E. Cottonwood Street in the Amended Plat of Lots 5-
28, Block 105 and adjoining vacated alley within the Northern Pacific Addition to Bozeman,
Montana.
Dear Erik:
The Bozeman Community Development Department is pleased to award conditional-approval of
your application for a Final Planned Unit Development for the Cottonwood and Ida development
project.
Staff reviewed the Final PUD submittal to ensure that it is consistent with the March 25, 2019
approved Preliminary PUD (Project 18516) and the April 2, 2020 approved Preliminary PUD
Modification (Project 20029). The Final PUD, which is the subject of this conditional-approval,
is consistent with those approved Preliminary PUD plans. The following conditions of approval and relevant code provisions are required in order for the Final PUD to remain consistent with
those previous Preliminary PUD approvals.
The following are conditions of approval of the Cottonwood and Ida Final PUD along with
required relevant Bozeman Municipal 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.”
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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
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
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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
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;
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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.
You have the right to appeal this decision of the Community Development Director pursuant to the provisions of BMC 38.250.030. Please note that this decision is subject to appeal by other aggrieved parties as defined by BMC 38.700.020. Such appeals must be filed pursuant to the provisions of UDC Sec. 38.250.030. An appeal must be filed within 10 working days following the date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community Development Department and Building Division will not be able to approve any building permits or to perform any inspections related to this application.
If you have any more questions, or if the Community Development Department can be of
further assistance, please contact me at 406-582-2260 or bkrueger@bozeman. net.
Sincerely,
Brian Krueger
Development Review Manager
C: Bangtail Partners, LLC—Owner; 1189 Tennessee Street, San Francisco, CA 94107 Attachment: Staff evaluation