HomeMy WebLinkAbout23 - Open Space Memo Page 1 of 2 January 26, 2024 Sarah Rosenberg Re: Project # 23354 The Guthrie Comment #7 and #13 Open Space Proposal Dear Sarah, We’d like to respond regarding your Cycle 1 comments #7 and #13 which I’m copying below. I’m also copying a portion of the municipal code for reference. We request approval of the approach we’ve chosen to meet the project’s Open Space requirement. We’ve taken to heart the code language that states: “Such space must include amenities and design elements that will encourage use by residents.” An amenity is defined as “a desirable or useful feature or facility of a building or place” (Oxford dictionary). Interior bicycle parking and laundry facilities are not requirements that have to be provided to the residents for this project. These are desirable features for residents. They are, by definition, an amenity. I would also argue that not only are they amenities, but they also encourage community use and socialization by placing a more functional amenity directly adjacent to a more communal and collaborative amenity. This interconnection of activity will help spur interaction where something you “have” to do directly involves you in a more playful realm. Regarding Comment #7: we believe the inclusion of the interior Bike Storage/Repair Room should be considered an amenity and count towards the Open Space requirement because it encourages a strong bike community and provides the opportunity for tenants to make repairs on site. This has also historically been the case based on our approved Site Plans on past projects. To show this, we’re providing 3 examples: The Ives, Truman Flats, and One 11 2.0 (see included documents for details) where the interior bike storage room was approved as a portion of the required open space. Regarding Comment #13: for the Laundry / Lounge, we provide sheet A0.21 which shows renderings of exactly how we intend to furnish and fit out each Laundry/Lounge. The idea is to mix function with fun in a way that will foster community by comingling tasks you have to do with social activities you want to do like playing games, watching TV, or socializing with your neighbors. The alternative, of course, is to not provide laundry facilities at all. We believe that this amenity will be highly valued by our tenants and avoid unnecessary trips and the additional costs of doing laundry offsite. We hope this helps make clear why we believe the interior Bike Storage/Repair Room and Laundry/Lounge facilities are true amenities. If you have further questions about this topic, please feel free to contact me to discuss this further.
Page 2 of 2 Ref#7 “The bicycle lounge storage area cannot be counted towards open space. If there is an area that will have a repair stand or service area, that can be counted towards open space…” Ref#13 “Show the arrangement of the laundry/lounge areas to ensure that the space can actually be used as an amenity. The laundry portion cannot be counted towards open space and it appears that it would be very snug to accommodate amenities such as lounge, game area, work space. There is concern that these areas would not be used due to the noise from the laundry area as well as the circulation needed to use the space. Consider alternating floors with laundry rooms and other floors with amenities. There are multiple examples of projects across the United States of microunits with common amenities to suit the limited amenities in the units. Consider a central kitchen since the kitchens are very small and have limited supplies...” BMC Sec. 38.520.060 “Indoor recreational areas. Such spaces must meet the following conditions: The space must be located in a visible area, such as near an entrance, lobby, or high traffic corridors; The space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable area used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents.” Sincerely, Solomon Cordwell Buenz Brandon Baunach, AIA Senior Architect / Associate Enclosure: 20456 One 11 2.0 Staff_Report_SIGNED.pdf, 21165 The Ives site plan and ccoa staff rpt.pdf, 23148 Truman Flats SP staff rpt_Signed.pdf, cc: Andy Holloran, Andrew Gault
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 1 of 22
Application No. 20456 Type Site Plan, Certificate of Appropriateness, Demolition
Project Name One 11 2.0
Summary An addition to the constructed One 11 building for 67 new units with a shared lobby, bike/ski
storage, structured parking that will connect to One 11 1.0, and share a common open space
courtyard on level 2. Additional surface parking is also proposed in the adjacent lot to the
southwest with access, landscaping, striping and other improvements and demolition of the
existing building at 206 N. Grand Ave. The project site is zoned B-3, Downtown District.
Zoning B-3 Growth
Policy
Traditional Core Parcel
Size
Lot A, Block B, Tracy’s 3rd = 0.42
Acres (18,296 SF)
Lots 8-10, Block B, Tracy’s 3rd =
0.27 Acres (11,296 SF)
Overlay District(s) Neighborhood Conservation Overlay District
Street Address 110 W. Beall Street and 206 N. Grand Avenue
Legal Description Tracy’s 3rd Add, S07, T02 S, R06 E, Block B, Lot A, PLAT J-198 and Tracy’s 3rd Add, S07, T02
S, R06 E, Block B, Lot 8 – 10 City Of Bozeman, Gallatin County, Montana
Owner WL-HB 111 Lofts Owner II, LLC, 20 N. Tracy Ave, Bozeman, MT 59715
Applicant HomeBase Partners, 20 N. Tracy Ave, Bozeman, MT 59715
Representative SMA Architects, 109 E Oak Street, Suite 2E, Bozeman, MT 59715
Staff Planner Danielle Garber Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent
Owners Mailed
Newspaper Legal Ad
8/25/21 – 9/10/21 8/25/21 8/25/21 NA
Advisory Boards Board Date Recommendation
DRC May 19, 2021 None, Adequacy Determination
DRB June 6, 2021 Motion failed to recommend approval, see below.
Recommendation Application is sufficient for approval with conditions and code provisions.
Decision Authority Director of Community Development Date October 20, 2021
Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=233808&dbid=0&repo=BOZEMAN
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 2 of 22
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public
notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in
this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 67 residential units in one apartment
building with associated site improvements, two departures, and demolition of the structure and site at 206 N. Grand Avenue.
The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the
other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of
Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were
provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38,
Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period
defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if
certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this
application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed
in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in
the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this
development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC.
On this ______ day of ________________, 2021, Martin Matsen, Director of Community Development, approved with
conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying
an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision
as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
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Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 3 of 22
PROJECT SUMMARY
The subject property is within the Neighborhood Conservation Overlay District (NCOD) and located on two parcels two
blocks north of Main Street southwest of the corner of North Willson Avenue and East Beall Street and northeast of the
corner of West Lame Street and North Grand Avenue. The subject property is not within a historic district. An addition to
the constructed One 11 building for 67 new units with a shared lobby, bike and ski storage room, structured parking that
will connect to One 11 1.0, and shared common open space in the courtyard on level 2. Additional surface parking is
also proposed in the adjacent lot to the southwest with access, landscaping, striping and other improvements. To
facilitate this additional surface parking lot, the applicant is proposing to demolish the existing building at 206 N. Grand
Ave., the existing concrete, asphalt parking area, and some vegetation. Demolition is detailed on page 16 of this report.
Exterior materials for the proposed building addition are to match the materials of the constructed One 11 building and
include brick veneer, prefinished corrugated metal siding, and CMU. All street frontages are designated Mixed Block
Frontage. The applicant has specified Mixed-Storefront along N. Willson, and a portion of W. Beall, with the remainder
of the W. Beall frontage specified Mixed-Landscaped where ground level residential units are present. The applicant
has requested a departure from the minimum 10-foot required setback for Mixed-landscaped frontages utilizing the
departure criteria for Special Residential transition elements detailed below on page 7. An additional departure is
proposed to the Mixed-Landscaped frontage along West Lamme Street where only 6-feet of landscape buffer is proposed
to screen the parking lot from Lamme, instead of 10-feet. Staff supports both departures. With the addition of the surface
parking lot proposal on Lamme and Grand, this project is not proposed to utilize any of the structured parking to be
constructed with any phase of the master site plan, however the project will be integrated into the streetscape design
and property owners association for North Central.
Administrative Design Review (ADR) has reviewed the design of the proposed residential building and found the plans
do comply with the standards and intent of NCOD Design Guidelines. The following report reviews how the proposal
complies with Plan Review Criteria, the Growth Policy, Zoning Standards, Engineering Standards, the NCOD Design
Guidelines and the Certificate of appropriateness criteria (COA) with the current conditions of approval and code
provisions.
Pursuant to section 38.340.020, the Design Review Board (DRB) authority, development applications located within the
overlay district for a project of this size and intensity require the DRB to make a recommendation to the Director on this
application. On Wednesday, June 9, 2021, the Design Review Board (DRB) reviewed this project. The motion to
recommend approval failed 3-2. With 3 votes against, and 2 votes for recommending approval.
The following are comments made by the DRB.
There were several comments regarding the similar materials used between One 11 (constructed) and One 11
2.0. Some suggested that 2.0 should read as a different building, while other board members suggested varying
the materials and form so that 2.0 felt like an evolution of the One 11 design, instead of a continuation. It was
stated that these projects should read as individual buildings and the 2.0 building as designed would overshadow
the design success of the constructed One 11 building.
Several DRB members noted the continuous use of a single material (buff brick) the entire length of the Beall
Street did not meet the design philosophies that would be appropriate for a pedestrian oriented sidewalk, and
that there was not enough material variety to make an interesting pedestrian experience.
The proposed façade step back on the top floor of 2.0 is much less pronounced than was built for One 11. The
board would prefer to see a similar step back on the 6th floor of 2.0, especially along the long Beall façade where
the prominent vertical elements are all of similar height to reduce the vertical massing facing north.
Two board members commented on the amount of bike parking. Recommending the available wall mount bike
racks be increased to accommodate the needs of residents.
One board member recommended more variety in the species of street trees used for public landscaping.
These comments are not required for approval of the project, however, staff recommended that the applicant look into
how these comments could be addressed and incorporated into the design. The applicant provided a response narrative
and drawings with the following comments and changes:
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 4 of 22
The façade utilizes step backs at the main entry, storefronts, and residential entries on the level 1 façade at the
buff brick locations to create depth. The applicant did not change the buff brick material at the ground level and
stated “the design team believes the brick grounds the building given the scale above while adding depth and
varieties at each different type of opening/entrance.”
The applicant explored a similar step back on the 6th floor to that of the built One 11 building and stated that
“while the applicant agrees with DRB’s comment … we learned that it would be structurally unfeasible given the
depth of the residential units at more than 35’-0” on the north side of the building, and the need to use this long
façade as a critical component of the lateral diaphragm and structural shear wall. The design of the units on the
north side of the building was driven by the incredible views to the Bridgers and maximizing the livable space
on this side of the building was a primary goal to achieve those views. As a result the structural system has to
respond to this depth – utilizing the full height of the north wall up to the 6th floor in the same plane.” However,
a material change was added at the 6th floor of the North and East facades.
The applicant added additional interior bicycle parking.
The applicant responded to the comments about street tree species and this can be viewed in the file.
The full recording of this action item at the DRB meeting can be viewed here:
https://bozeman.granicus.com/player/clip/99
EXISTING CONDITIONS
The parcel for the One11 2.0 addition, 110 W. Beall Street, is currently a parking lot with 47 spaces that was constructed
in 1988. The parcel for the surface parking lot, 206 N. Grand, currently contains a parking lot, drive access and a one
and a half story commercial structure constructed in 1974 according to the 1984 survey. The structure is not contributing,
and non-eligible for historic status due to “change in original design and materials.” Several mature trees exist on the
property. The demolition plan shows all existing trees to be removed except three trees located in the West Lamme
boulevard strip will be preserved. The criteria for demolition or movement of a historic structure within the NCOD is at
the end of this staff report.
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions
of approval and code corrections are required and will be included with the final report provided to the Director of Community
Development
Recommended Conditions of Approval:
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.
Advisory Comments
1. DSSP V.6.h – Water and sewer services for the existing structure proposed to be demolished must be abandoned at
the main.
2. The applicant is advised, due to proposing a smaller front utility easement than standard, no private utilities will be
allowed within the right-of-way. Additional easement or alternative alignment must provide if utility providers cannot
supply or maintain their services within the proposed easement.
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 5 of 22
Figure 1: Current zoning & vicinity map
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 6 of 22
Figure 2: Existing conditions
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 7 of 22
Figure 3-4: Proposed site plan architecture and civil
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 8 of 22
Figure 5: Landscaping plan
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 9 of 22
Figure 6-7: First floor plan and first floor plan enlarged
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 10 of 22
Figure 8-9: Second floor plan and second floor plan enlarged
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Application 20456
October 20, 2021
Page 11 of 22
Figures 10-11: East elevation (N. Willson Ave.) & north elevation (W. Beall St.)
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Application 20456
October 20, 2021
Page 12 of 22
Figures 12-13: West elevation (N. Grand Ave.) & South elevation (internal/W. Lamme St.)
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 13 of 22
Figures 10-15: Elevations and renderings
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 14 of 22
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance to and consistency with the City’s adopted growth policy
38.100.040 B
Meets Code?
Growth Policy Land Use Traditional Core Yes
Zoning B-3, Downtown Business District Yes
Comments: The uses are allowed within the zoning district. The property is within the City’s municipal service
area. The project is an infill redevelopment at urban density. Staff finds that the project does contribute to the goals
of the growth policy including the following:
The traditional core of Bozeman is Downtown. This area exemplifies high quality urban design
including an active streetscape supported by a mix of uses on multiple floors, a high level of
walkability, and a rich architectural and local character. Additionally, essential government services
and flexible spaces for events and festivals support opportunities for civic and social engagement.
The intensity of development in this district is high with a Floor Area Ratio (FAR) well over one. As
Bozeman grows, continued evolution is necessary for long-term resilience. Challenges do exist,
particularly around keeping local identity intact, balancing growth sensitively, and welcoming more
transportation modes and residents. Underdevelopment and a lack of flexibility can threaten the
viability of the land use designation. Future development should be intense while providing areas of
transition to adjacent neighborhoods and preserving the character of the Main Street Historic
District through context-sensitive development. This project meets this definition of the Traditional
Core by providing residential development intensity in the B-3 district to help support a vibrant
downtown in an underutilized transition area between commercial and residential areas. Infill is
prioritized in the 2020 Community Plan to prevent sprawl and increase resource efficiency.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community
development oriented on centers of employment and activity. Support an increase in development
intensity within developed areas. This project meets the stated development intensity desired for the
traditional core and is oriented around the downtown commercial center
Goal M-1.1: Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another. As stated above this project proposes
to provide housing in close proximity to jobs and services within the existing mixed-use land
patterns of the City’s core.
2. Conformance to this chapter, including the cessation of any current
violations 38.200.160
Meets Code?
Current Violations NA No
Comments: No current violations exist.
3. Conformance with all other applicable laws, ordinances, and regulations
38.100.080
Meets Code?
Conflicts None Yes
Condominium ownership NA NA
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One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
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Comments: The proposed uses of the site are consistent with the allowed uses of the B-3 district. No specific
conflicts identified. Additional steps will be required including but not limited to review of infrastructure, and
approval of building permits. The Building Division of the Department of Community Development will review
the requirements of the International Building Code for compliance at the time of building permit application.
4. Conformance with Plan Review for applicable permit types as specified in
article 2 Section 38.230
Meets Code?
Site Plan & Certificate of Appropriateness (COA) Yes
Comments: The site plan and COA criteria are met with this project. The proposal is compatible and
sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design,
building mass, building materials and character are compatible to the immediate environment of the site
and neighborhood. Further analysis on this is in Section 13, NCOD Design Guidelines.
5. Conformance with zoning provisions of article 3 38.320.100 Meets Code?
Permitted uses 38.310 Apartment Building Yes
Form and intensity standards 38.320 Yes
Zoning
B-3 Setbacks
(feet)
Structures Parking /
Loading
Yes
Front Block Frontage:
Mixed-
Storefront &
Mixed-
Landscaped
Block Frontages
Block Frontage:
Mixed-
Storefront &
Mixed-
Landscaped
Block Frontages
Rear 0 0
Side 0 0
Alley NA NA
Comments: The proposed setbacks meet all B-3 zone district standards. The application responds to two
different block frontage designations requested by the applicant. Mixed-Storefront along N. Willson Ave.
and 70-feet of W. Beall St., and Mixed-Landscaped along 164-feet of W. Beall, N. Grand, and a portion of
W. Lamme. Entrances for three ground level residential units are proposed along the 164-feet of the Beall
St. façade. A departure is requested from the Mixed-Landscaped block frontage building placement
requirement of a minimum 10-foot setback along W. Beall. As an alternative to the 10-foot front building
setback, the applicant has proposed transition elements between the public right of way and the private
residential units according to the raised deck or porch option in the special residential standards in
Section 38.510.030.J. According to this standard, the raised porch provided must be at least 60 square
feet in area, at least 1-foot above grade, and be at least 6-feet deep. A low fence, rail, or hedge, two feet
to four feet high, may be integrated between the sidewalk or internal pathway and deck or porch. The
applicant is proposing three raised porches, two are 60 SF, and one is 70 SF. The porches are proposed
to be raised 3-feet from the sidewalk and stoop railings to match the upper level balcony railings are to be
provided. Staff supports this departure.
Relationship to adjacent properties standards 38.520.030 (light and air access and
privacy) and angled setback plane 38.360.030
NA
Applicable zone specific or overlay standards 38.330-340 Yes
Building Height Requirements 38.320.010-.060 Yes
Lot coverage 94% Allowed 100%
Height 70’ Allowed 70’ Yes
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Application 20456
October 20, 2021
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Comments: The proposed building meets B-3 height standards, with allowable encroachments. The lot
coverage metric of 94% is just for Lot A, Block B. After lot aggregation, the lot coverage number will be less
due to the addition of the surface parking area.
The Zone edge transitions, based off Section 38.320.060, and relationship to adjacent properties standards in
Section 38.320.030 do not apply since the subject property is surround by B-3 zoning and shares no rear or
side lot lines.
Overlay District Standards (NCOD) 38.340 Yes
Comments: See Section 13 below for NCOD analysis
General land use standards and requirements 38.350 Yes
Comments: Project meets all applicable standards of 38.350 including permitted height encroachments,
which allows parapet walls extending no more than 4-feet above the limiting height of the building.
Applicable supplemental use criteria 38.360 NA
Supplemental uses/type None NA
Comments: No supplemental uses are applicable to this project.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA NA
Affordable housing plan NA
Comments: NA
6a(1). Conformance with the community design provisions of article 4:
Transportation facilities and access 38.400
Meets Code?
Street vision Yes Yes
Secondary access Yes
Traffic Impact Study /
LOS
Yes Transportation
grid adequate to
serve site
Yes Yes
Comments: The TIS was reviewed by the Engineering Division. Three new drive accesses are proposed
off North Grand Ave, one for the parking garage exit, and two for the new surface parking lot. A deviation
has been requested from Engineering for drive access spacing and is supported by the City Engineer.
This design adds a traffic-calming circle at the Lamme and N. Grand intersection. This review was based
on traffic volumes, turning movements, traffic controls, site design, sign distances, and location and
alignment of other access points.
Street dedication NA Yes
Drive access locations and widths Yes
Number of drive accesses 3 Yes
Street easements NA
Special Improvement Districts No Yes
Comments: See above comments regarding transportation and drive accesses.
Parking requirements of 38.540
Required parking nonresidential 3 Yes
Required parking residential 105
Reductions nonresidential – B-3 20%
Reductions – parking structure NA
Reductions – transit availability 10%
Provided parking off street 93
On street parking 16
Comments: Shared circulation and parking between the existing structured parking at One 11 and this
project is proposed. A total of 122 units are proposed with this addition, requiring 122 parking spaces.
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One 11 2.0 Site Plan Review
Application 20456
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The transit availability reduction of 10% may be applied requiring 109 residential spaces. A car share
program has been established with the One 11 project, reducing the requirement by 4 spaces to 105.
Commercial uses in the One 11 project bring the total to 107 spaces. 93 spaces are to be provided within
proposed structured and surface lots, 16 on-street spaces are proposed along W. Beall and W. Lamme
for a total of 109 spaces. Bicycle parking is proposed in wall mounted bike racks within the building both
in the storage room and within the parking garage. 61 bicycle parking spaces are to be provided, 12 are
required. The bike and ski storage room can be accessed from the parking garage and W. Beall street
directly.
6a(2). Conformance with the community design provisions of article 4:
Pedestrian and vehicular ingress and egress 38.400
Meets Code?
Design of the pedestrian and vehicular circulation systems to assure that pedestrians
and vehicles can move safely and easily both within the site and between properties
and activities within the neighborhood area
Yes
Vehicle accesses to site 3 new, 4 overall. Yes
Pedestrian access location(s) Yes
Site vision triangles Yes
Fire lanes, curbs, signage and striping Yes
Non-automotive transportation and circulation systems, design features to enhance
convenience and safety across parking lots and streets, including, but not limited to
paving patterns, grade differences, landscaping and lighting
Yes
Crosswalks NA
Curb ramps Yes
Pedestrian lighting Yes
Comments: The building will connect to the public pedestrian system along its street frontages. The main entry
for the proposed building from the sidewalk is located at the corner of W. Beall St and N. Willson. Two additional
common entrances from the sidewalk are proposed off each frontage. Three residential unit entrances from
the sidewalk are proposed from W. Beall. With the addition of the surface parking lot, an additional common
entrance is to be provided on the west side of the building that will access the parking garage, stairs, and
elevators. The proposed streetscape along the primary frontages on N. Willson and W. Beall are proposed to
be redesigned to include custom raised planters around boulevard trees and permeable pavers. The City’s
Engineering and Forestry Divisions have reviewed these plans for compliance with adopted standards.
Adequate connection and integration of the pedestrian and vehicular transportation
systems to the systems in adjacent development and the general community
Yes
Access easements NA NA
Dedication of right-of-way or easements necessary for pedestrian, shared use
pathway and similar transportation facilities
NA
Comments: Not required for this application.
6a(3) Loading and Unloading areas Meets Code?
Loading and unloading area requirements 38.540.080 NA
Loading and unloading NA NA
First Berth (min. 70 feet
length, 12 feet in width and
14 feet in height)
NA NA
Additional Berths (min. 45
feet length)
NA NA
Comments: NA, no off-street loading berths are required.
6b Community design and element provisions 38.410 Meets Code?
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Lot and block standards 38.410.040 Yes
Rights of way for pedestrians alternative block delineation NA
Comments: NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Municipal infrastructure requirements Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Comments: CIL of water has been paid by the applicant. A signed original utility easement has been
provided by the applicant to accommodate public and private utilities along Grand and Beall.
Site Surface Drainage and stormwater control 38.410.080 Yes
Location, design and capacity Yes
Landscaping per 38.410.080.H NA
Comments: Reviewed by the Engineering Department. All stormwater facilities are to be underground
infiltration chambers. Two catchment areas are proposed, one for the building, and one for the surface
parking lot.
Grading 38.410.080 Yes
Maximum 1:4 slope requirements met NA
Comments: Grading reviewed by the Engineering Department.
6c. Park and recreation requirements 38.420 Meets Code?
Enhancement of natural environment NA
Wildlife habitat or feeding area preservation NA
Maintenance of public park or public open space access NA
Park/Recreational area design NA
Parkland Cash-in-lieu for maximum known density not to exceed
12 units/acre (ac.).
Yes
12 units/ac. X 0.42 ac. X 0.03 park/ac. = 0.15 ac.
required
Cash donation in-lieu(CIL) 0.15 ac. = 6,534 SF x $1.72/sf =
$11,238.48
Yes
Improvements in-lieu NA NA
Comments: CIL parkland has been satisfied for the existing One 11 building. The new units are required
to provide CIL in the B-3 district. The RPAB is gave final acceptance of the amount on Thursday, June
10th, 2021. The CILP amount has been paid.
7a-c. Conformance with the project design provisions of Article 5,
Compatibility, Design and Arrangement
Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development relative to architectural
design, building mass, neighborhood identity, landscaping, historical character,
orientation of buildings on the site and visual integration
Yes
Block Frontage Standards 38.510 Yes
Comments: The application is meeting block frontage standards for three street frontages along N.
Willson (Mixed-Storefront), W. Beall (both Mixed-Storefront and Mixed-Landscaped), and N. Grand
(Mixed-Landscaped) with departures.
Structured parking facility development standards 38.510.030.M Yes
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 19 of 22
Comments: The structured parking is completely wrapped with active residential uses meeting the
minimum 13-foot depth required. Other requirements of this section are being met including, street level
openings, architectural details, and parking entrances.
Site Planning and Design Elements 38.520 Yes
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 NA
Non-motorized circulation and design 38.520.040 Yes
Vehicular circulation and parking 38.520.050 NA
Comments: The only non-motorized circulation is the adjacent sidewalk, and small internal sidewalk from the
surface lot into the building. Both are meeting connectivity standards to adjacent properties and the public
right of way. An entrance is provided on each frontage.
Design and arrangement of elements of the plan (e.g., buildings circulation, open
space and landscaping, etc.) in harmony with the existing natural topography, natural
water bodies and water courses, existing vegetation, and to contribute to the overall
aesthetic quality of the site configuration
NA
Comments: NA, urban design and conditions.
Building Design 38.530 Yes
Comments: The proposed structure meets the standards of Building Design. The mass and scale is
appropriate for the zone district, there is appropriate façade articulation, and effective use of varying
materials. Further analysis on building design is in section 13 under NCOD Design Guidelines. The DRB
comments and applicant responses are located in the executive summary above.
7d. Conformance with the project design provisions of Article 5, Landscaping
including the enhancement of buildings, appearance of vehicular use, open
space and pedestrian area and the preservation of replacement of natural
vegetation
Meets Code?
Submittal requirements for landscape plans 38.220.100 Yes
Mandatory landscaping 38.550.050 Yes
Yard Yes
Additional screening Yes
Parking lot screening Yes
Interior parking lot landscape Yes
Off-street loading spaces screening NA
Street frontage Yes
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source, system
type
Yes
Trees for residential adjacency NA
City rights-of-way and parks Yes
Tree plantings for boulevard ROW, drought-resistant seed Yes
Public ROW boulevard strips Yes
Irrigation and maintenance provisions for ROW Yes
State ROW landscaping NA
Additional NA NA
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 20 of 22
7g. Conformance with the project design provisions of Article 5, Signage
38.560
Meets Code?
Allowed (sq. ft)/building NA NA
Proposed (sq. ft) NA
Comments: No signage is proposed at this time. Example signage is shown on the drawings. A sign
permit is required prior to the construction of any new signage.
8a-c. Conformance with environmental and open space objectives in articles 4-
6 Meets Code?
Enhancement of natural environment: Integrated stormwater, LID, removal of
inappropriate fill
NA
Grading Yes
On-site retention/detention Yes
Comments: Reviewed by Engineering Department.
Drainage design Yes
Stormwater maintenance plan 38.410.030.A Yes
Stormwater feature: landscaping amenity, native species, curvilinear, 75% live
vegetation
NA
Comments: No above ground stormwater facilities proposed.
Watercourse and wetland protections and associated wildlife habitats NA
Fencing and walls Yes Yes
Comments: Landscaping complies with standards.
Site planning and design required 38.520 Yes
Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes
Internal roadway landscaping 38.520.050 NA
Open space landscaping 38.520.060 Yes
Service area and mechanical equipment landscaping and screening 38.520.070 Yes
Open space Yes
Comments: Project meets requirements. A NWE transformer is accessed off North Grand at the northwest
corner of the site. The applicant worked with NWE and private utility providers to design utility locations and
relocate overhead power underground. Mechanical equipment screening where present along N. Grand and
W. Beall is proposed to be screened with vegetation. Electrical meters at the northwest corner of the building
are proposed to be screened architecturally. See open space summary below.
7e. Conformance with the project design provisions of Article 5, Open Space Meets Code?
Open Space Section 38.520.060 Yes
Total required 7,800 SF Yes
Total provided 8,416 SF Yes
Comments: Open space is provided in the 2nd level common courtyard (1,779 SF), with private balconies
(2,833 SF), and in shared facilities (Fitness 525 SF, Ski/Bike Storage 889 SF, Lounge 2,390 SF).
7f. Conformance with the project design provisions of Article 5, Lighting
38.570
Meets Code?
Building-mounted lighting (cutoff and temperature) Yes
Site lighting (supports, cutoff and temperature) NA
Minimum light trespass at property line Yes
Comments: The proposed building and site lighting meets standards.
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 21 of 22
If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area
NA
Comments: NA
9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code?
Watercourse setback 38.410.100 NA
Watercourse setback planting plan NA
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: NA
10. Other related matters, including relevant comment from affected parties
38.220
Meets Code?
Public Comment Yes
Comments: Public notice has not been conducted according to the dates at the beginning of this report.
Public notice was provided via a mailer to property owners within 200-feet, and posted on site. No public
comment has been received.
11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title, whether the
lots are either: Configured so that the sale of individual lots will not alter the
approved configuration or use of the property or cause the development to
become nonconforming OR Are the subject of reciprocal and perpetual
easements or other agreements to which the City is a party so that the sale of
individual lots will not cause one or more elements of the development to
become nonconforming. 38.410.060
Meets Code?
Subdivision exemption Required for lot aggregation Yes
Required Easements Utility easement Yes
Reciprocal access and
shared parking easement
NA NA
Mutual access easement and
agreement
NA NA
Comments: A separate subdivision exemption application is required. The amended plat must be
reviewed, approved, and recorded prior to final sit plan approval. The required utility easement has been
provided.
12. Phasing of development 38.230.020.B including buildings and
infrastructure
Meets Code?
Phasing No # of phases 1 Yes
Comments: One phase is proposed.
13. Standards for certificate of appropriateness and Conformance with the
NCOD Guidelines 38.340.050
Meets Code?
Certificate of appropriateness standards Yes
Secretary of the Interiors Standards for new construction Yes
Architectural appearance Yes
Proportion of doors and windows Yes
Relationship of building masses and spaces Yes
Roof shape Yes
Scale Yes
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
One 11 2.0 Site Plan Review
Application 20456
October 20, 2021
Page 22 of 22
Directional expression, with regard to the dominant horizontal or vertical expression
of surrounding structures
Yes
Architectural details Yes
Concealment of non-period appurtenances, such as mechanical equipment Yes
Materials and color schemes Yes
Comments: The proposed project is located within the NCOD. This means that the project must adhere to
a higher level of design, focus on the relationship of the surrounding area, and maintain a level of integrity
and character that makes up the NCOD.
Introduction Yes
Chapter 2: Guidelines for all properties Yes
Chapter 4b: Guidelines for commercial areas outside of Main Street Historic District Yes
Comments: Applicable standards from Chapter 2 are met including solid-to-void rations of windows to
wall on upper floors, lighting to reduce glare, and landscaping buffers to shield visible parking. The
proposed structure meets subchapter 4b guidelines for mass and scale, building quality and design,
material variety, building roof form, site design, enclosed parking, and street patterns related to properties
zoned B-3. The proposed streetscape and lighting will add variety to the district, with permeable pavers,
and raised planters for street trees to soften the pedestrian experience and distinguish the built
environment from the downtown core. The property is surrounded by B-3 zoning and a variety of adjacent
uses including apartment buildings, mixed-use buildings, duplex/triplex residential, single household
residential and administrative and office uses. The built context includes the newly constructed One11
building immediately adjacent to this proposed addition, 301 N. Willson (non-eligible, constructed after
2000) is located to the north, 203 W. Lamme to the west (non-contributing new construction), and 122 W.
Lamme (individually listed Brandenburg House) to the south. 17 W. Lamme is located to the east, a 4-
story 1940’s brick addition to the original Bozeman Deaconess Hospital that is currently used for public
housing and is not proposed to be altered by the North Central master site plan.
Appendices Yes
Comments: The proposed project is reviewed under the classification of new infill and construction in the
NCOD, but outside of a historic district. The above sections and chapters of the Bozeman Guidelines for
Historic Presentation and the Neighborhood Conservation Overlay District apply to this project. The
project complies with the guidelines and standards.
15. NCOD Demolition 38.340.100 Review of Demolition of a non-historic
structure or site
Meets Code?
Historic Structure per 38.700.090 No Yes
Comments: The existing office building at 206 N. Grand Ave. is non-eligible for historic status and
constructed in the 1970’s where it seems to have replaced a single-household structure shown on the
1890 Sanborn maps. The building is eligible for demolition according to the criteria listed below.
Criteria Yes
1. The applicable criteria are the COA criteria of section 38.340.050, see above.
2. The subsequent development must include construction of new building(s) unless the
immediately prior character of the area did not include buildings.
Comments: No demolition of the existing structures until the site plan and building permit for the
subsequent development is approved. The subsequent development conforms to the criteria for a COA
and plan review criteria. The subsequent development will leave the site with a new parking area and will
not result in a vacant site.
DocuSign Envelope ID: 58D4CB0E-88EF-45A4-A7D8-6105EF966E8F
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 1 of 42
Application No. 21165 Type Site Plan for a new mixed-use multi-family development and Commercial
Certificate of Appropriateness (CCOA) for demolition of a non-contributing
surface parking lot and construction of the new building within the
Neighborhood Conservation Overlay District (NCOD.
Project Name “The Ives” mixed-use retail, residential and parking garage development.
4—“ Summary This is a review of a site plan application for development of a 6-story, 70-foot tall, 171,654 gross square
foot (gsf) mixed-use development providing: (1) 99 apartment dwelling units; (2) 5,897 gsf of ground
floor retail space; (3) 173 on-site parking spaces; and (4) common open space and recreation spaces
for residents. On-site parking in the garage would include 87 spaces and 1 car-share vehicle space for
the residents’ use; 4 spaces for the ground floor retail use; 8 mechanical lift spaces for non-residential
use; and 80 basement parking spaces available to the public or for joint-use for use by off-site
businesses. Six on-street parking spaces would be available for residents’ use on a first-come, first-
served basis.
The Applicant has requested a modification from the 40-feet distance from an intersection for the
proposed W. Villard St. garage entrance per BMC Table 38.400.090-1 and 38.400.090.H; the garage
entrance would be 20-feet distant from the alley.
The Site is 32,645 gsf in size and is currently a surface parking lot (see Figure 4). Demolition of the
parking lot and its replacement with the new building would be measured by applicable standards and
criteria of the Bozeman Municipal Code (BMC). Since the Site lies within the Neighborhood
Conservation Overlay District (NCOD), the demolition of the parking lot and the new building would be
evaluated against applicable BMC NCOD criteria as well as the design guidelines of the Bozeman
Guidelines for Historic Preservation & the Neighborhood Conservation Overlay District. Both the Site
Plan and the CCOA evaluations are noted below.
Zoning B-3 Growth Policy Traditional Core Parcel Size 32,645 gross square feet
Overlay District(s) NCOD—Neighborhood Conservation Overlay District
Street Address 311 North Willson Avenue
Legal Description Lot 1A of Amended Subdivision Plat No. C-44L combining Lots 1-10 in Block 4 of Bealls Third Addition
to the City of Bozeman (Plat C-44) and a portion of an 8.5-feet strip of land which is located within the
NW ¼ of S07, T02 S, R06 E. of the P.M.M. Gallatin County, Bozeman, Montana.
Owner HomeBase Partners, LLC
Applicant Andy Holloran, HomeBase Partners
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 2 of 42
Representatives Lindsey Van Seggern, Nolan Sit and Nicole Anderson
Staff Planner Susana Montana Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent Owners
Mailed
Newspaper Legal Ad
9/17/21 to 10/1/21 and
11/17 to 12/3/2021
9/17/21 and 11/17/21 9/17/21 and
11/17/21
N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
May 19, 2021 and
November 17, 2021
The application is adequate, conforms to
standards, and is sufficient for approval with
conditions and code provisions
Design Review Board August 28, 2021 The Design Review Board reviewed, made
recommendations for the project and voted 5 to 0
to recommend approval of the proposed project
to the Director.
Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and
code provisions as noted below.
Decision Authority Director of Community Development Date
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan and
associated Commercial Certificate of Appropriateness (CCOA) for the demolition of the parking lot and design of the new building
described in this report was conducted. The Applicant proposed to the City a Site Plan to permit demolition of a parking lot
accessory to a commercial building and construction of a 70-foot tall, 6-story mixed use building with 99 dwelling units, 5,897
gross square feet (GSF) of ground floor retail space, a basement parking garage with 80 parking spaces to be shared with other,
off-site commercial businesses, 88 on-site accessory parking for residential use, 6 on-street parking spaces and accessory
landscaping and open space areas. The Applicant has requested a modification from the 40-feet distance from an intersection for
the proposed W. Villard St. garage entrance per BMC Table 38.400.090-1 and 38.400.090.H; the garage entrance would be 20-
feet distant from the alley. The purposes of the Site Plan and CCOA reviews were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec.
38.230.100 BMC, 38.340.050, 38.400.090.H, the standards of Ch. 38, BMC, the design guidelines of the Bozeman Guidelines for
Historic Properties & the Neighborhood Conservation Overlay District (NCOD); and to determine whether the application should
be approved, conditionally approved, or denied.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 3 of 42
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and CCOA applications
and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies
established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public
comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan and CCOA would comply with the
requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before
them regarding this application, the Director makes the following decision.
C) The Site Plan and CCOA applications have been found to meet the criteria of Ch. 38, BMC and NCOD, and are therefore
approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards
of the Title. The evidence contained in the submittal materials, advisory body reviews, public testimony, and this report, justifies
the conditions imposed on this development to ensure that the Site Plan, design of the new building, and demolition of the parking
lot comply with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 8th day of December, 2021, Martin
Matsen, Director of Community Development, approved with conditions this Site Plan and CCOA for and on behalf of the City of
Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying
an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision
as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of
approval and code corrections are required and will be included with the final report provided to the Director of Community
Development.
1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
state law.
2. Prior to issuance of a building permit, all applicable utility easements for the property shall be recorded.
3. The demolition of the existing parking lot and any construction activity on the Site may not occur until:
a. After December 31, 2021 when a majority of the Medical Arts Building tenants’ leases expire;
b. After the City has granted approval of Application No. 21311 to demolish the building at 205 N. Tracy Avenue and
Application No. 21325, the Mountain View Care Center Parking Special Temporary Use Permit, which are necessary to
construct the temporary surface parking lot that will accommodate parking for remaining Medical Arts Building tenants; and
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 4 of 42
c. After adequate replacement parking spaces for Medical Arts Building tenants are constructed and operational, per the
requirements of BMC Table 38.540.050-3.
CODE PROVISIONS
4. Per BMC 38.100.080 and 38.200.110, the proposed project shall be completed as approved and conditioned in the approved
Site Plan and CCOA applications. Any modifications to the final approved submittals and approved application materials shall
invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the
Director of the Community Development Department and this approval is granted prior to undertaking said modifications. The only
exception to this law is repair.
Figure 1: Current Zoning Map
B-3
R-2 R-3
Project
Site
R-4
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 5 of 42
Figure 2: Location Map of Downtown area in red-dashed area; “Core” Area is shown
around Main Street; proposed Site is in red rectangle.
Source: Downtown Bozeman Improvement Plan, May 2019
Core area
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 6 of 42
Figure 3: Location Map; proposed Site is in yellow rectangle.
Figure 4: Existing Site/parking lot
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 7 of 42
Figure 5: Current Site conditions
Figure 6: Conceptual rendering of the proposed building—N. Willson perspective
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 8 of 42
Figure 7: “The Ives” Proposed Site Plan—ground floor level shown
ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public
comment, and all other materials available during the review period. Collectively this information is the record of the review. The
analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth
Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Traditional Core Yes
Zoning B-3, Downtown Business District Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 9 of 42
Comments The Traditional Core of Bozeman is its Downtown district (see Figure 2 above). This area is characterized by an
active streetscape supported by a mix of uses on multiple floors, pedestrian-oriented retail and service uses on the ground floor,
a high level of walkability, and a rich architectural design character represented by a mixture of wood, brick and metal finishes
and textures. In the Traditional Code land use, the Community Plan suggests that new development should be intense while
providing areas of transition to adjacent neighborhoods. The B-3 zoning is appropriate for the Traditional Core future land use
map (FLUM) designation. The proposed mixed-use development positively addresses the following Goals, objectives and
policies of the Community Plan, Climate Plan and Strategic Plan.
Relevant Bozeman Community Plan policies.
Theme 2—A City of Unique Neighborhoods
Goal N-1: Promote housing diversity, including missing middle housing.
N-1.2: Increase required minimum densities in residential districts.
Goal N-3: Promote a diverse supply of qualify housing units.
Goal N-4: Continue to encourage Bozeman’s sense of place.
Theme 3: A City Bolstered by Downtown and Complementary Districts.
Goal DCD-1: Support urban development within the City.
DCD-1.2.: Remove regulatory barriers to infill.
DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including
evaluating possible development incentives.
DCD-1.7: Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and
minimize disruption to the public.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on
centers of employment and activity. Support an increase in development intensity within developed areas.
DCD2.2: Support higher density development along main corridors and at high visibility street corners to accommodate
population growth and support businesses.
DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another.
Goal DCD-3: Ensure multimodal connectivity within the City.
DCD-3.5: Encourage increased development intensity in commercial centers and near major employers.
Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals.
DCD-4.4: Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels
to allow redevelopment to the full potential of their zoning district.
Bozeman Climate Plan
Focus Area 3: Vibrant & Resilient Neighborhoods
Solution G: Facilitate Compact Development Patterns
Solution J: Increase Walking, Bicycling, Carpooling and Use of Transit.
Bozeman Strategic Plan
Vision Statement 3: A Safe, Welcoming Community. We embrace a safe, healthy, welcoming and inclusive community.
Vision Statement 4: A Well-Planned City. We consistently improve our community’s qualify of life as it grows and changes,
honoring our sense of place and the “Bozeman feel” as we plan for a livable, affordable, more connected city.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 10 of 42
Comment: The proposed multi-level, mixed use and primarily residential development complies with the Traditional Core Future
Land Use Map (FLUM) designation goals. The redevelopment of the Site’s surface parking with the apartments addresses
relevant Community Plan policies and Climate Plan and Strategic Plan goals. The B-3 zoning designation allows apartments,
retail use and a parking garage as principal permitted uses. The proposed building height, scale, form, architecture and
landscaping conform to the B-3 zone and Site’s designated Mixed Block Frontage standards. A modification to the BMC access
distance standard is requested by the Applicant to allow the Villard Street garage entrance to be closer to the alley intersection
than 40-feet (see Section 6a below).
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Condominium ownership No
Comment: Each of the dwelling units would be rental units.
3. Conformance with Article 2, including the cessation of any current violations
(38.200.160)
Meets Code?
Current Violations None Yes, with
condition of
approval
number 3
assuring
replacement
parking.
Comment: The Site currently consists of a single parcel comprising a parking lot that is accessory to the
medical office building to the east. The parking lot spaces that are accessory to the adjacent partially-occupied
Medical Arts Building to the west would be demolished for the new development, if granted a demolition
Commercial Certificate of Appropriateness (CCOA) by the Director. Code-required replacement parking must
be provided by the Applicant per Conditional of Approval No. 3. The Applicant proposes to satisfy this condition
by providing a temporary parking lot located one block east and south of the Site at the northwest corner of N.
Tracy and Lamme streets. This temporary parking lot would be established by the demolition of a vacant,
single-story medical office building addressed as 205 N. Tracy Avenue (CCOA Application No. 21311). This
new, temporary surface parking lot (STUP Application No. 21325) must provide sufficient parking spaces to
accommodate uses occupying the medical office building as required by Table 38.540.050-3, as well as to
accommodate users of the nearby AC Hotel with an amended Joint Use Agreement between the Applicant
and the AC Hotel owners which must be approved by the Director per Condition No.3.
4. Conformance with Article 2 - Submittal material (38.220) requirements and
plan review for applicable permit types (38.230)
Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development 38.230.020.B No. of phases: 1 in two parts Yes
Comments: The proposed building would be built in a single phase after demolition of the parking lot.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 11 of 42
However, the Applicant would build out the basement parking garage and would
seek an occupancy permit for that basement level garage while the ground floor and
upper floors of the residence are under construction.
Yes
Comment: A CCOA is required to allow demolition of the parking lot within the NCOD and to allow the
new building if the design meets the guidelines of the NCOD. The evaluation of the demolition of the
parking lot on the subject property and the design of the new building is presented below in Section 11.
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Use: Apartments and Parking Garage Yes
Form and intensity standards 38.320
Zoning: B-3 Setbacks
(feet)
Structures
Minimum Required/Provided
Parking /
Loading
Yes
Front Zero 38.510.030.D
Rear 0’ / 8’
Side 0’ /1.6’ North side/ 5.5’
South side
Alley Alley is rear setback at 8’
Comment: Meets 38.510.030.D, Mixed Block Frontage Standards
Lot
coverage
100% Allowed 100% Provided Yes
Building
height
70’ Allowed 70’ Provided Yes
Comment: The Site lies within the B-3 District. The southernmost portion of the Site lies within the Downtown
Core area described in the Downtown Improvement Plan which is allowed a 70-foot building height. The
northern portion of the Site is outside of the Downtown Core area and is also allowed a 70-foot building height
with one exception: Because the Site lies next to a residential zone to the west, the portion of the building
lying outside the Core area (the north half) must transition in height along the portion of the building that abuts
the residential district. In this case, the Site abuts an R-4, Residential High Density District as shown above
in Figure 1. BMC Section 38.320.060.b, Zone Edge Transitions, requires the building to be setback in height,
beginning at the 38-feet height level along the alley frontage where the building abuts the homes to the west.
This requirement results in a building form that “steps back” from the 16-foot wide alley frontage at a 45-degree
angle, from west to east, beginning at the third floor level as illustrated in Figures 8 and 9 below.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 12 of 42
Figures 8 and 9: Setbacks from the alley.
Applicable zone specific or overlay standards 38.330-40 Yes, See
NCOD
Section 11
below
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Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 13 of 42
Comment: The Site lies within the Neighborhood Conservation Overlay District
(NCOD) which is subject to the demolition and new construction standards of Sections
38.340.050.B and 060 and the Bozeman Guidelines for Historic Preservation & the
Neighborhood Conservation Overlay District. Chapters 2, 4 and 4B are relevant to the
parking lot demolition and new construction for this project. The evaluation of the
project design against those guidelines is found in Section 11 below.
General land use standards and requirements 38.350 NA
Comment: NA
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA
Comment: NA
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comment: The proposal is for 99 market-rate dwelling units.
6a. Conformance with Article 4 - Community Design Provisions: Transportation
Facilities and Access (38.400)
Meets Code?
Streets 38.400.010
Street and road dedication 38.400.020 Yes
Access easements Yes
Level of Service
38.400.060
B Transportation grid adequate to serve site Yes
Comment: The Applicant submitted a revised Traffic Impact Study and an analysis of the Villard Street
parking garage access. Both reports a Level of Service (LOS) “B” on both Villard Street approaches to
Willson Avenue. Based on these studies, this criterion is met.
Sidewalks 38.400.080 Yes
Comment: Streets, sidewalks, sight vision triangles meet BMC standards.
Drive access 38.400.090 Access to site: 2 Yes with the
modification
granted by
City Engineer
Fire lanes, curbs, signage and striping NA
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Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 14 of 42
Comment: The access to the commercial parking garage (basement and ground floor) spaces is provided
from W. Villard Street. The access to the Level 3 parking garage for residents is from the alley. The
residential access from the alley meets BMC standards. However, the alley is substandard per our standard
in the BMC. Our BMC calls for a 20’ alley ROW with 16’ of pavement. The Applicant is keeping the existing
16’ alley but adding an access easement on to it. They will maintain at least 16’ driving surface at all times
and exceed it in other sections.
The driveway access from W. Villard Street is required to be a minimum of 40-feet from the intersection
with the abutting 16-foot wide alley, per 38.400.090.1. The Villard St. garage driveway is proposed to be
located 20 feet from the alley intersection. A modification to this standard is allowed by BMC 38.400.090.H
if certain criteria are met and the City Engineer grants the modification. The revised traffic study and a
completed application for the access modification has been reviewed by the City Engineer and the request
for the 20-foot distance from the alley for the garage entrance has been granted by the City Engineer.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar transportation
facilities
NA
Public transportation 38.400.120 Yes
Comment: The Streamline bus service provides a “Purple” line daytime, half-hour service from the
Downtown Transfer Station located 3 blocks (approximately 1,100 linear feet) southeast of the Site.
Please see the “Walk Score” discussion in Section 7b below.
6b. Conformance with Article 4 – Community Design Provisions: Community
Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comment: NA
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comment: NA
If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with public
access to and use of that area
NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes
Easements (City and public utility rights-of-way etc.) Yes, see
Condition No.
2 and Code
Provision No.
1
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
Comment: Cash-in-lieu of water rights will be paid by the Applicant prior to approval of this site plan.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 15 of 42
Municipal infrastructure requirements 38.410.070 Yes, see
Code
Provision No.
1
Comment: All municipal services would be provided to the Site. The Applicant would pay standard
Impact Fees for these service connections and improvements.
Grading & drainage 38.410.080 Meets Code
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Comment: Since this is 100% lot coverage, the landscaping consists of boulevard plantings and pavers.
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A .75 ac. X 99 units/ac. X 0.03 ac.= 132
DU/ac
Yes
Cash donation in lieu (CIL) 38.420.030 $20,229.26 Yes
Improvements in-lieu NA
Comment: The applicable cash-in-lieu of parkland would be submitted to the City prior to
approval of this site plan. Cash-in-lieu of parking is the City’s preferred method of
satisfying parkland requirements in the B-3 zone.
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comment: Cash-in-lieu of the provision of parkland must be and would be provided prior to approval of
this site plan.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Mixed Block Frontage Yes
Departure criteria NA
Comment: The mixed-use building provides the Mixed Block Frontage treatments for the ground-floor spaces
as prescribed by 38.510.030.D and no departures from these standards are requested.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the organizational
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 16 of 42
scheme of the community, neighborhood, and other approved development and produce
an efficient, functionally organized and cohesive development
Relationship to adjacent properties 38.520.030 Yes with
building
height
setbacks as
noted above
in Section 5
above and
the planting
of canopy
trees along
Villard.
Non-motorized circulation and design systems to enhance convenience and safety
across parking lots and streets, including, but not limited to paving patterns, pathway
design, landscaping and lighting 38.420.040
Yes
Comment: RE: 38.520.030—Relationship to adjacent properties, the intent is (1) to promote functional and
visual compatibility between developments; and (2) to protect the privacy of residents on adjacent
properties. The 6-story apartment building would be separated from adjacent residential properties to the
north by the 36-foot right-of-way (ROW) of W. Villard Street and to the west by the 16-foot ROW of the
alley; this meets the light and air standards of 38.520.030.B and C. Additionally, the adjacent houses to
the north are bordered by mature deciduous trees and evergreen shrubs within their property and along
their ROW boulevard green, providing a vegetative screen from the homes TO the proposed building.
These trees would also screen views of the homes FROM Project upper-level apartment windows and
balconies along the Villard sides of the building, providing privacy to those adjacent homes. Two Linden
canopy trees would be planted along the W. Villard frontage for additional screening, as these trees mature.
The homes along the west side of the alley have mature canopy trees in their rear yards or along their alley
frontage with the exception of the corner lot house with the Villard side frontage. That house lacks the
vegetative screening provided by canopy trees in its rear yard. That lot and the adjacent two lots would
have direct visual contact with the proposed building as it sets back in height along the alley frontage. The
“base” (bottom portion) of the building along the alley is 26.5-feet in height and is a dark gray colored brick
wall broken up only by the residential garage door. Although obscured by the mature trees, it may be
perceived as looming large to residents of the single-story homes located across the alley to the west.
Pedestrian and bicycle access to abutting sidewalks and street travelways from internal common spaces
would be provided within the project. The Applicant would be required to provide 9 secure bicycle racks
and they are proposing to provide 99 bike racks and a bike workshop within the building for residents’ use.
They are also proposing to provide a separate indoor bike storage area for non-residential use with 53
racks, 10 lockers and 2 showers. These 53 bike racks, showers and lockers would be available to the
general public or for nearby workers on a Joint-Use basis with an off-site business. This could support
residents’ and neighboring workers’ and residents’ option to bicycle to work, home, shops and play.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 17 of 42
Relevant Walk Score elements. The proposed 6-story, mixed-use redevelopment of the Site would provide
greater density and intensity of development than the current surface parking lot. This would result in additional
demands on the City’s transportation system. New development is required to provide adequate motorized
and non-motorized transportation facilities including improved streets and sidewalks. The City’s Streamline
bus service offers a sheltered bus stop at the Downtown Transfer Station for the new “Purple” line serving the
Downtown area. The nearest bus stop to this Site is located at Mendenhall and Black streets, approximately
3 blocks or 1,100 linear feet southeast of the Site.
The City’s Growth Policy/Community Plan encourages development to be walkable, which is defined in the
glossary as: Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
Responding to the Community Plan’s Walkable criteria, the 4-block North Central Master Plan, if approved,
would have a number of commercial “centers” and open spaces where the public can gather and enjoy. The
densities of the proposed buildings within this North Central neighborhood would support local businesses.
The Purple Streamline bus route will have half-hour daytime frequencies at the Downtown transfer station.
Buildings with the designated Mixed Block Frontage treatments would be built to the street frontage and
parking would be located in the basement with access from Villard for the public and from the alley for
residents. Beall Park is located two blocks east of the Site. Hawthorne Elementary School is located five
blocks to the southeast. Numerous workplaces are located in the vicinity and in the Downtown Core. Two
blocks to the south, Lamme Street is a designated east-west bicycle boulevard with shared lane markings and
bike route signs. One- half block to the west is a north-south designated bike route along Grand Avenue with
shared lane markings and bike route signs.
This area and Site can be deemed a walkable area.
Based on its address, the Site has been given a Walk Score of 82 (out of a possible 100) by the private-
sector apartment-search website WalkScore.com. This score characterizes this location as a “Very walkable
in which most errands can be accomplished on foot”. The transit score for this Site is 25—noted as “a few
nearby public transportation options”. It is likely that, at the time of this writing, the WalkScore.com algorithm
had not factored in the new Streamline routes and stops for this transit score.
The Site has a Bike score of 74, based on bike lanes, road connectivity and destinations, and is
characterized as “Very bikeable” in which biking is convenient for most trips.
These values are provided by Walk Score, a private organization which presents information on real estate
and transportation through walkscore.com. The algorithm which produces these numbers is proprietary and
there is no way to discern what it measures and how. The Walk Score website states that the Walk Score
measures the walkability of any address; the Transit Score measures access to public transit; and Bike Score
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 18 of 42
measures whether a location is good for biking. A score is not an indication of safety or continuity of services
or routes. Scores are influenced by proximity of housing and services and expected ability to meet basic needs
without using a car.
Concerning to staff about the Walk Score of 82 given to this Site is the Walk Score of 92 this same algorithm
gave to the residential development called “The Henry” proposed for a Site only one-block east of “The Ives”
Site. The lower score for The Ives address is based on the Downtown Transfer transit station being two blocks
further distant than The Henry Site, lowering its transit score from 92 to 25 points. The “bikeability” score of
The Henry is 92 and that same criterion for The Ives is 74. The Walk Score is based on the algorithm’s walk,
bike and transit criteria for particular addresses and it appears that, to the Walk Score.com algorithm, The Ives
being two blocks further from transit and one-half block further from a north-south bike lane makes a big
difference in its Walk Score.
We note that there are no adopted BMC development standards relating to either the Community Plan’s
Walkable criteria or to the private-sector WalkScore.com walk score.
Design of vehicular circulation systems to assure that vehicles can move safely and
easily both within the site and between properties and activities within the general
community 38.420.050
Yes
Internal roadway design 38.520.050.D NA
Comment: The access to the basement and ground floor parking garage for the non-residential users is
provided from W. Villard Street. The access to the 3rd level residential parking garage for residents is from
the alley. The residential access from the alley meets BMC standards.
The garage access location along W. Villard Street does not meet BMC distance from intersections
standards of BMC 38.400.090.D and Table 38.400.090-1 which requires the private access point to be a
minimum of 40-feet from a public intersection. The Villard garage driveway is located about 20-feet from
the 16-foot wide public alley. BMC 38.400.090.H allows the Applicant to request a modification to that
standard and the Applicant has requested this modification. The Applicant provided the traffic safety
information required by subsection 3 and the City Engineer has granted this modification.
On-site open space 38.520.060 Yes
Total required 11,350 gsf
Total provided 11,736 gsf Yes
Comment: Open space would be provided in the forms of upper level balconies, a third floor landscaped
courtyard, and indoor (first floor) fitness center, pet wash, bike/ski workshop and lobby/meeting rooms.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comment: The service areas are provided within the building and meters are placed along the alley
façade and are screened from view by decorative panels.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 19 of 42
Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development 38.530.030 and NCOD
guidelines.
Yes with
conditions
and code
provisions
(see Section
11 below)
Building massing and articulation 38.530.040 Yes with
conditions
and code
provisions
(see Sections
11 below)
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comment: See Section 11 below for NCOD/BMC criteria and NCOD Guidelines compliance.
The immediate environment and surrounds of the project Site are characterized as a mixture of older homes
to the north and west, new townhomes to the north, single-story and multi-story commercial buildings to
the sough, an older multi-story apartment building to the south, and both new and older single- and multi-
story residential structures to the south and east.
The proposed multi-level mixed-use and predominantly-residential building replaces a surface parking lot.
This “in-fill” residential development, at 6-stories and 70-feet in height, is similar in form, height and scale
as newer mixed use buildings recently built or under construction in the blocks just south of this Site. North
of the Site on N. Willson Avenue is a cluster of 16 new 2-story townhomes, each with an accessory dwelling
unit (ADU) in the rear, facing the alley. The proposed “The Ives” apartment building would be the first of
several new 6-story residential and mixed-use buildings proposed by the Applicant within the four block
“North Central Master Plan” area. As the first of these buildings, The Ives building would appear to tower
over the smaller one- and two-story older homes to the north and west. However, to the southeast and
south are taller residential and commercial buildings which form a new mass and scale in the neighborhood.
The Site’s new residential building would contribute to a new urban form in this part of the City’s Downtown
neighborhood. This taller form of several buildings in the area has been emerging over the past few years
as a dynamic mixed-use and urban mass and scale for this revitalized Downtown neighborhood. The
proposed apartment building of 99 dwelling units of varying sizes would be expected to attract new
residents to the neighborhood who could walk to work, to shops, and to visit their new neighbors in the
area.
The Applicant’s North Central Master Plan envisions several 5- and 6-story buildings within the four block,
4.4-acre area between Villard, Tracy, Lamme and Grand streets [see Figures 10 and 11 below]. These
residential and mixed residential and commercial buildings would create a new urban form and
neighborhood that replaces surface parking and smaller, older commercial buildings. The density of this
North Central neighborhood is intended by its Applicant to support its proposed quality architecture and
streetscape design, its walkability and multi-modal design for its residents and workers, and would provide
a new commercial/food service/entertainment/leisure, health and well-being destination within the 4 blocks
for its residents, workers and citywide residents (see North Central Master Plan Application No. 21029).
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 20 of 42
Figure 10 below shows the block layout of the North Central Master Plan with the proposed “Ives” apartment
building lying at the west side of the plan. Figure 11 is a conceptual rendering of the proposed buildings
within the North Central Master Plan.
Figure 10: North Central Master Plan
The Ives Site
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North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
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Application No. 21165
December 20, 2021
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7d. Conformance with Article 5 – Parking (38.540)
Parking requirements 38.540.050 Yes
Parking requirements residential 38.540.050.A.1 1 per dwelling unit in B-3
zone=99 spaces
Reductions residential 38.540.050.A.1.b 5 space reduction for the single
car-sharing space
“Credit” for 6 on-street parking
spaces
Total residential parking requirement 88 spaces
Parking requirements nonresidential 38.540.050.A.2
and A.2.c
4 for the ground floor retail space
Reductions nonresidential 38.540.050.A.2.c
Note: The Site’s ~1,100 linear feet distance from a
sheltered transit stop and a 200-space structured
garage (Bridger Garage) is beyond the 800 feet “as
the crow flies” from these facilities which disqualifies
the project from the 10% and 15% reductions allowed
for those facilities, respectively.
5,897 gross sf minus 3,000 gsf for B-3
location deduction=2,897gsf. 2,897 gsf
times 85% = 2,462 net sf. of ground floor retail space divided by the 1:300 parking
requirement for retail use = 8.2 spaces.
Table 38.540.050-4 allows a 40% reduction in the number of parking
spaces for ground floor retail. Therefore,
8.2 minus 3.28 (40%)= 4.9 spaces which
is “rounded down” to 4 spaces required.
Total required parking required
92
Figure 11: Renderings of buildings within the North Central Master
Plan
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Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
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Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
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Provided off-street 173 spaces.
Excess vehicle parking spaces
are deemed a principal permitted
use as a parking garage and
may be used by the general
public and/or by off-site
businesses as a Joint Use
Parking Facilities if meeting the
standards of 38.540.060.
Bicycle parking 38.540.050.A.4 9 required for residential use and
99 provided /
0 required for commercial use
and 53 provided indoor. Excess
bike “parking” (indoor secure
racks) are deemed principal uses
in the B-3 zone and can be used
for off-site businesses as a Joint
Use Parking Facilities if meeting
the standards of 38.540.060.
Comment: This Site is located ~1,100 linear feet from the closest sheltered bus stop at the Bridger public garage at
E. Mendenhall and N. Black avenues which is farther than the 800 feet “as the crow flies” from the Site which
disqualifies this project from the transit availability discount of 10% and from the proximity to a structured parking
facility reduction of 15% of the parking spaces.
The demolition of the surface parking lot to allow development of this project may be allowed by the Director as part
of a Commercial Certificate of Appropriateness (CCOA) application provided replacement parking spaces are
available for the medical office building tenants for which that parking is accessory (see Condition No. 3). This
replacement parking must be in place and operational prior to demolition of the existing parking lot or prior to any
construction activity taking place on the Site. The tenants of the medical office building with parking lease
arrangements at the Ives Site would be able to use a new, temporary, surface parking lot located immediately
southeast of the office building at the northwest corner of Lamme and N. Tracy streets (see STUP Application No.
21325). This temporary parking lot would be created by the demolition of the vacant, single-story former Mountain
View Care Center building located at 205 N. Tracy Avenue (see CCOA Application No. 21311). This temporary
parking lot would be required to meet the parking requirement(s) for the land uses occupying the Medical Arts
Building per Table 38.540.050-3. This temporary parking lot is expected to be available to guests of the AC Hotel
through a revised Joint-Use Parking Agreement approved by the Director per 38.540.060 (See Condition No. 3).
The Ives building would provide 88 on-site vehicular and 99 bicycle parking for the residents’ use. One of the
residential parking spaces would be dedicated for a car-sharing vehicle. This car-sharing program provides “credit”
for 5 residential parking spaces. In addition, 6 on-street parking spaces would be “credited” toward The Ives
residential parking requirement, although those spaces would be available to anyone on a “first-come, first served”
basis.
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Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 23 of 42
The 5,897 gross sf retail space on the ground floor of the Ives building would require 4 parking spaces; these are
provided in the ground floor parking garage. A basement parking garage would provide public parking spaces which
may also be available for Joint Use Agreements with nearby businesses meeting the qualifications and standards
of 38.540.060 (such as for the AC Hotel). Combined, 173 parking spaces would be provided in the basement,
ground floor and second floor garages.
The Ives would provide 99 indoor secure bicycle parking spaces for residents and would provide 53 such bike
parking with showers and lockers for Joint Use with other businesses’ workers per 38.540.060. Secure bicycle racks
meeting the standards of 38.540.050.A.5 are deemed “parking” and qualify for Joint Use in the same manner as
vehicle parking spaces.
Loading and uploading area requirements 38.540.080 NA
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA
Comment: No on-site loading zone or space is required or provided. Trash removal would take place at a staging
area along the alley frontage.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping NA
Additional screening None
Street frontage Yes, per Mixed Block
Frontage
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency Yes with an exemption per
38.550.050.K
Comment: 38.550.050.J requires each setback with a residential adjacency to have at least one canopy or non-
canopy tree for each 50 lineal feet of the adjacent area. The proposed project has an east N. Willson “front” setback
of zero, a north W. Villard “side” setback of zero, a south side setback of zero, and an alley rear setback of 5-feet.
The W. Villard frontage has a residential adjacency and two Linden trees are planted within the ROW boulevard green
along that frontage. The alley has a residential adjacency but only a 5-foot rear setback which must be provided a 5-
foot sidewalk with a minimum 4-feet wide ADA (Americans with Disabilities Act) access. In addition, there are
underground utilities within 10-feet of this setback. As such, there is no room for trees within that 5-foot rear setback.
Subsection K provides for an exemption from the planting of trees within setbacks if the minimum utility separation
cannot be met and no other large vegetation can be provided. This project qualifies for this exemption and it is
granted.
Landscaping of public lands 38.550.070 Yes
Comment: The boulevard green within the Villard and Willson rights-of-way would be landscaped per Code.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 24 of 42
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA
Proposed SF/building NA
Comment: No signs are proposed with this site plan. Separate building permits would be required for signs.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 TBD
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B TBD
Comment: Per Condition No. 1, the exterior lighting plan must meet BMC standards. A photometric plan and light
fixture cut sheets must be approved prior to issuance of any building permit for this Site.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comment: The Site lies four and a half blocks west of a FEMA regulatory floodway (Zone AE) associated with
Bozeman Creek to the east.
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comment: Formal public notice was issued on 9/17/2021 and concluded 10/1/2021. Notice was posted on the property
on 9/17 and a public notice sheet was mailed by first-class mail on 9/17 by the Applicant to owners of property ling
within 200-feet of the Site. On November 17, 2021, a second public notice and public comment period commenced
due to new parking information related to this project and the North Central Master Plan project (Project No. 21029).
That second public notice repeated the steps of the first: The property was posted on 11/17/21, notice was mailed to
adjacent property owners on 11/17/21 and the public notice period concluded 12/3/21.
As of the date of this report, over 90 comments have been received. Most of the comments protest the following aspects
of the development: (1) the proximity of the 6-story building to single-story single-household homes; (2) loss of privacy
to those homes by residents of upper level apartments facing those homes; (3) the 3-stories of wall facing the smaller
homes across the alley with minimal architectural treatment, coloring and materials which, in their view, provides a dark,
foreboding blank wall facing the smaller homes; (4) seeking more separation and setbacks of the building from the north
and west property lines along the “edge” of the residential zones; and (5) the Villard garage entrance is too close to the
alley intersection and the traffic in and out of that garage access would overwhelm the narrow Villard street travelway
and would post a traffic safety hazard due to turning movements from the north and south side alleys and the garage
traffic; (6) the need for a residential parking permit district encompassing the older homes surrounding the North Central
4-block development; (7) call for a prohibition of construction vehicles, both equipment and worker vehicles, from
parking within the older residential neighborhood surrounding the development; (8) the development will strain water
and sewer infrastructure in this older neighborhood; (9) the taller building will shade the smaller homes to the west
blocking solar access to PV panels, thereby reducing energy savings to those homeowners while costing them more to
heat their building, impacting their carbon footprint to their disadvantage; (10) not enough parking to serve both existing
residents, businesses and the new development; (11) new development out of scale with the North Tracy Historic
District; (12) significant increase in vehicle traffic in a neighborhood with many residents traveling by foot and bicycle;
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 25 of 42
The following are links to the public comment folders:
Public Comments\Public comment from 1st Notice
Public Comments\Public Comment from 2nd Notice
Staff comments: The traffic study for the Ives Project reviewed the anticipated vehicle traffic volumes and impacts
associated with The Ives project and found that the level of service (LOS) after the development would be an acceptable
LOS “B”. All traffic-related comments from the public were relayed to the Engineering Department for review. Staff will
follow up on how a residential parking permit program may benefit the surrounding neighborhood, particularly during
the 4-block master plan construction period.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions Yes
Required easements Yes, see
Condition No.
2
Comment: The 10 City blocks that comprised the parking lot have been combined (aggregated) into a single Lot
1A by the Applicant (Project No. 21253).
11. Standards for Certificate of Appropriateness (38.340) Meets Code?
Certificate of appropriateness standards of 38.340. A through E Yes
Secretary of the Interiors Standards for Rehabilitation NA
Architectural appearance Yes
Proportion of doors and windows Yes
Relationship of building masses and spaces Yes
Roof form Yes
Mass and Scale
Comment: The 6-story, 70-feet tall building encompasses 100% of the 32,645 gsf Site. The
ground floor has a 15-foot floor-to-floor height with large storefront windows to provide
pedestrian interest from the street.
Yes
Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures
Yes
Architectural details Yes
Concealment of non-period appurtenances, such as mechanical equipment Yes
Materials and color schemes Yes
Comment: The Site lies within the NCOD and the new development must positively address the standards of BMC
38.340.040.A.1, 38.340.050.A through E and Chapter 4 and 4B of the Bozeman Guidelines for Historic
Preservation & Neighborhood Conservation Overlay District.
The project must adhere to a higher level of design, focus on the relationship of the surrounding area, and
maintain a level of integrity and character that makes up the NCOD. Please see Attachment 1 for the Applicant’s
description for how the design of the building and Site meet CCOA criteria.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 26 of 42
The N. Willson façade provides pedestrian-interest retail space, the residents’ fitness center with large
fenestration, and the residents’ lobby space. In place of a parking lot, this building would create a “critical mass” of
24-hour activity from residents, workers and visitors in the area to create a safe, neighborhood-watch street (“eyes
on the street”).
The Design Review Board (DRB) reviewed the proposed design and determined by a unanimous vote of 5 to 0
that the project meets all applicable BMC CCOA criteria as well as NCOD design guidelines. The following is a
link to the DRB comment summary.
T:\ZONING\Site Plans\2021\21165 North Central Block 4 SP & CCOA\2. Review\21165 The Ives Block 4 DRB
docs
Review of demolition of historic structures or sites 38.340.080 NA
Historic Structure per 38.700.090 NA
Comment: The Ives Site was surveyed in the City’s 1984 Historic Resource Survey as part of the 300 North
Willson medical office center inventory. The office block, including this existing parking lot and Site, were not
determined to “yield any significant historical information concerning persons or events associated with this
property.”
Public Notice Yes
Comment: Per 38.220.430, a public notice of an approved CCOA would be posted on the
property should the CCOA be approved by the Director.
Yes as a
condition of
approval of
the CCOA
1. The property’s historic significance. None N
2. Whether the structure has no viable economic life remaining. This criterion is not
applicable if this structure is not a habitable building.
NA
3. Whether the subsequent development complies with Section 38.340.050 (standards for
certificates of appropriateness).
Comment: Yes, this report finds the subsequent development in compliance with standards.
Yes
4. Whether the subsequent development includes construction of new building(s) unless
the existing character of the area does not include buildings.
Comment: Yes, the subsequent development includes the construction of a new infill building
in compliance with zoning.
Yes
5. Subsequent development requires a building permit and does not include proposals
which leave the site without building(s) or structure(s).
Comment: The subsequent development requires a building permit and does not propose to
leave the site without a building.
Yes
Notwithstanding the above, for project’s proposing the removal of a non-historic parking lot, the
review authority (Director) may determine the proposed subsequent site development is more
appropriate for the site based upon the criteria in 38.230.100 (plan review criteria).
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 27 of 42
Comment: With approval of this site plan, the Director determines that the proposed subsequent
site development is more appropriate for the site than the existing parking lot, based on the
criteria of 38.230.100 (Plan review criteria).
The subsequent development conforms to the criteria for a CCOA and plan review criteria. The subsequent
development is more appropriate for the Site and would leave the Site with a new infill mixed-use building and
would not result in a vacant site.
12. Conformance with the Neighborhood Conservation Overlay District Design (NCOD)
Guidelines
Meets Code?
Introduction: The 6-story, 99 dwelling unit apartment and parking garage building lies at the
southwest corner of W. Villard Street and N. Tracy Avenue. The 32,645 gsf Site lies within the
NCOD.
The following is a discussion as to how the proposed development addresses the Bozeman
Guidelines for Historic Preservation & Neighborhood Conservation Overlay District
Subchapter 4B Guidelines for the B-3 Commercial Character Area.
A. Mass and Scale
1. Provide density to meet the goals and objectives of the Downtown Bozeman
Improvement Plan.
Comment: The 6-story, 70-feet tall replacement building would feature 99 dwelling units on an
approximately 3/4-acre lot. The basement (Level B-1) parking garage would provide 88 non-
residential parking spaces. The Level 2 would provide residential parking spaces. Level 1 at
the ground floor would provide 99 indoor secure bicycle parking spaces for residents. The
ground floor features a 15-foot floor-to-floor height. The ground floor garage would provide 4
parking spaces for the retail use plus 53 secure bicycle parking, lockers and showers for use
by the commercial tenants’ employees and the general public.
Innovative development and diversity of design is encouraged.
Comment: The building meets Mixed Block Frontage standards for its streetscape with
significant transparencies at ground level and a generous mass-to-void design throughout the
building’s façade. There is a base and middle to the building but no traditional “cap”. However,
the mass of the building is broken up by a middle glazed vertical element and the two separate
“sides” of the building feature different roof lines, coloring fenestration and accent trim as shown
below in Figures 12 and 13.
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 28 of 42
Figure 12: East elevation along N. Willson Avenue
2. A new building should exhibit clear order and comprehensive composition on all
elevations.
Comment: Each building elevation provides a change in form and massing yet a consistency
in color and materials. The alley façade features 26-feet height of “modular brick” siding.
Figure 13: Alley building elevations
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 29 of 42
3. Building interface with residential zoned properties.
Comment: The Site lies within the B-3 Downtown District yet is across the street from residential
zones to the north and west. The vicinity and area is characterized by both the small homes to
the north and west and by both tall and smaller, older and new commercial and residential
buildings. Many of the new buildings are commercial, residential and mixed-use buildings
developed by the Applicant in the Downtown Core Area. The proposed 6-story garage, retail
and apartment building, The Ives, would provide the northern and western edge of this emerging
taller and urban neighborhood which the Applicant calls the North Central neighborhood.
Yes
B. Building Quality Policy: New buildings shall be designed to a high level of permanence
and quality.
1. New buildings shall be designed to the level of permanence and quality appropriate
for Downtown Bozeman.
Comment: The new building would be built to ICC code standards and is expected to stand
over 100 years to complement the Downtown Bozeman buildings. It appears that the new
building would meet this objective.
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 30 of 42
2. Sustainable methods and techniques shall be applied to building design but also
integrated with site layout and infrastructure design.
Comment: It appears that this objective is met with the design and materials chosen for the
building.
Figure 14: Proposed building materials.
C. Building Roof Form Policy: Roof forms should be primarily flat roofs with other roof
forms that fit to the architectural character of the application.
1. Use flat roof lines as the primary roof form. Yes
D. Site Design Policy: All sites in downtown should be designed to make the experience of
pedestrians and bicyclists safe, comfortable and visually appealing.
1. Create strong connections between downtown’s sub-districts, and between
downtown and the surrounding neighborhoods. Place the façade of the building at
the minimum front setback line except when creating a public space.
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 31 of 42
Comment: The building’s street-facing facades meet the designated Mixed Block Frontage
standards with minimal or no setbacks from the sidewalk, with landscaping along the street
frontage, and with substantial sized clear glazing windows along the street frontages.
E. Parking Facilities Policy: Minimize the visual impacts of parking. Yes
1.Enclosed parking, integrated into individual new buildings as well as additions (if feasible), is
preferred whenever possible to surface parking lots.
2. Shared parking structures are preferred to surface parking lots. A parking structure should
be designed so that it creates a visually attractive and active street edge.
3. For residential projects, enclosed parking is preferred to surface parking lots.
Comment: The new building would have basement and ground floor parking for commercial
customers with access from W. Villard Street for the first-floor public parking and the third floor
would have parking for residents with access from the alley.
F. Signs NA
G. Street Patterns Policy: Historic settlement patterns seen in street and alley plans often
contribute to the distinct character of the downtown and therefore they should be
preserved. These street plans influence the manner in which primary structures are
sited and they also shape the manner in which landscape features may occur on the
site.
Streetscape Policy: Maintain the character of the streetscape. This includes a rich
collection of varying street designs, sidewalk types and street trees.
Comment: The street pattern for this Site would not change. The Site encompasses nearly
one-half of the block in a north/south orientation. A separate lot located south of the Site
would remain. The character of the streetscape would change because the existing parking
lot would be replaced by a 6-story apartment building with ground floor retail and substantial
fenestration for pedestrian interest and safety.
Yes
H. Landscape Design Policy: Landscaping enhances the built environment. Plant beds
near and around building foundations and along walkways are encouraged.
1. Preserve and maintain mature trees and significant vegetation that are a direct
enhancement of the pedestrian streetscape environment.
Comment: The new building would have landscaping along the building edge and within the
ROW boulevard.
Yes
I. Utilities and Service Areas Policy: Service areas should be visually unobtrusive and
should be integrated with the design of the site and the building.
1. Orient service entrances, waste disposal areas and other similar uses toward service
lanes and away from major streets.
Comment: The utilities are located interior to the building or along the façade screened from
view from the street.
Yes
J. Site Furniture Policy: Site furnishings, including bicycle racks, waste receptacles and
light standards, are features of contemporary life in Bozeman. Few of these elements
appeared historically in the community and it is important that the character of these
elements not impede one’s ability to interpret the historic character of the area.
Yes
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 32 of 42
1. Site furniture should be simple in character. Avoid any highly ornate design that
would misrepresent the history of the area. Benches, bike racks and trash
receptacles are examples of site furnishings that may be considered.
Comment: The seating furniture and landscaping of the residents’ courtyard on the south side
of the building meet City standards as a common open space element. There are no specific
City designs for this furniture. However, this open space is an initial element of a proposed
future mid-block pedestrian pathway as part of the North Central Master Plan. The Downtown
Improvement Plan seeks to “enliven the alleys” with “secondary connections” such as is
proposed for this block and seeks each “alley” to promote a unique “personality. This first
courtyard element would facilitate that goal.
Comment: Attachment 1 below offers the Applicant’s narrative as to how the design of the building and Site meet
the relevant design guidelines of Chapter 4 and 4B of the Bozeman Guidelines for Historic Preservation &
Neighborhood Conservation Overlay District.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 33 of 42
Attachment 1: Applicant’s Narrative of Compliance with NCOD Criteria for
demolition of the parking lot and the design of the replacement building.
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 34 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 35 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 36 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 37 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 38 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 39 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 40 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 41 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
North Central Block 4 (“The Ives”) Mixed-use Development Site Plan and
Commercial Certificate of Appropriateness for Demolition of a
Parking lot and its Replacement with an Apartment Building with Retail and a Parking Garage
Application No. 21165
December 20, 2021
Page 42 of 42
DocuSign Envelope ID: 7CF7641E-498A-49A6-BFF7-D671CEB7235D
Staff Report
Truman Flats at Canyon Gate Site Plan
Application 23148
November 15, 2023
Page 1 of 39
Application No. 23148 Type Site Plan
Project Name Truman Flats at Canyon Gate
Summary The Applicant is proposing to develop two stand-alone apartment buildings located on two adjacent
lots within the recently annexed and zoned Canyon Gate development. The 24.14-acre Canyon
Gate property was annexed into the City by Resolution 5363 on April 11, 2022 (Project No. 21337)
and was given four City zoning designations by Ordinance 2099: R-3 (Residential Medium-density);
R-5 (Residential Mixed-Use High density); B-2M (Community Commercial Mixed-use) and REMU
(Residential Emphasis Mixed-use).
The Canyon Gate property is also the subject of an approved subdivision preliminary plat, Project
22264, which seeks to divide the 24.14-acre property into 15 lots consisting of 3 mixed commercial
and apartment residential lots zoned B-2M; 2 duplex residential lots zoned R-3; 2 residential
apartment building lots zoned R-5; 4 four-plex residential lots zoned R-3; 3 City Park lots; 1 open
space lot lying within the B-2M zone; and dedicated street rights-of-way.
This Truman Flats project would provide 2 apartment buildings on a 3.4-acre Site consisting of the
new Lots 1 and 2 of Block 4 lying within the R-5 zoning area in the center of the Canyon Gate
subdivision. Two 4-story, 53-feet tall buildings are proposed and would provide 148 dwelling units
totaling approximately 73,762 gross square feet (gsf) of residential space. The two buildings lie on
abutting lots and are “twin” or mirror image designs of each other. Each building would provide a
variety of dwelling unit floor plans and sizes to meet the needs of various tenants including (11)
studio units, (33) 1-bedroom units, (24) 2-bedroom units, and (6) 3-bedroom units, totaling 74 total
units per building. Unit sizes would range from 611 square feet (sf) to 1,100 sf.
Of the 148 total units on both adjoining lots, a minimum of 60 will be designated as price-restricted
rental housing prescribed in the annexation agreement approved for the Canyon Gate
development (please see Section 5 on page 17 below).
Improvements on the two-lot, 3.4-acre Site include the two 74-unit residential apartment buildings,
two surface parking lots with underground storm water detention facilities, landscaping, and common
open space areas for residents and their visitors. The Site will adhere to the Landscape, Park and
Special Residential Block Frontage standards for setbacks, transparencies (windows) on facades,
and protection of privacy and security of ground-floor units. The two lots of the Site are bisected by
a portion of the linear “Public Park B” lot which runs north-south through the Site as well as east-
west bordering the Site to the south.
Staff Report
Truman Flats at Canyon Gate Site Plan
Application 23148
November 15, 2023
Page 4 of 39
RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional
conditions of approval and code corrections may be required and would be included with the final report provided to
the Director of Community Development.
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. Prior to issuing a building permit for any development within this site plan, the Applicant must record a final plat for the
Canyon Gate Major Subdivision in which Block 4, Lots 1 and 2 meet the standards of the conditions and code provisions
of this approval and the Applicant provides the Director with a digital copy of the recorded plat.
3. Affordable Housing Plan.
(a) The Applicant and owner, if different, must consent to the City recording with the Gallatin County Clerk and
Recorder a summary of the Truman Flats Affordable Housing Plan within ten working days of this approval of the
Truman Flats at Canyon Gate Site Plan;
(b) The Applicant and owner, if different, must record and provide to the City of Bozeman a Notice of Restrictions for
the Affordable Housing Plan and a Declaration of Restrictive Covenants that implements the affordable housing
plan within ten working days of this approval of the Truman Flats at Canyon Gate Site Plan; and
(c) The summary of the affordable housing plan qualifying the development for the Section 38.380 Shallow Incentives
parking reduction and the aforementioned restrictive covenant must be recorded prior to issuance of a building
permit for Truman Flats at Canyon Gate Site Plan.
REQUIRED CODE PROVISIONS
1. BMC 38.410.130. Water Adequacy. The development must satisfy the water adequacy code requirement prior to the
final decision on the site plan approval. If sufficient water rights cannot be provided to offsets the development's annual
demand, then a cash-in-lieu of water rights (CILWR) payment will be required and must be paid issuance of a building
permit for this site plan.
2. BMC 38.270.030.D. Exception for Concurrent Construction - The applicant must complete the following concurrent
construction form for the subdivision and offsite improvements.
(https://www.bozeman.net/home/showpublisheddocument/11702/637769761751630000) to apply for site plan
concurrent construction for infrastructure associated with the Canyon Gate subdivision improvements. The subdivision
improvements are under construction at the time of the site plan building permit application; therefore, site plan
concurrent construction must be approved prior to issuance of a building permit.
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Figure 1: Location Map (Site shown in red)
Figure 2: Zoning Map (Site shown in red)
Not part of project
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Figure 3: Existing Conditions Map
Figure 4: Canyon Gate 15-Lot Major Subdivision Preliminary Plat
Truman Flats Site shown in red.
Not part of project
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November 15, 2023
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Figure 5: Canyon Gate Development Conceptual Site Plan (Truman Flats Site shown in red)
Figure 6: Truman Flats Architectural Site Plan
Lot 1 Lot 2
Not part of project
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November 15, 2023
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Figure 7: Truman Flats Site Plan
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Figure 8: Residential Open Space Areas for both lots (ground floor patio spaces are private)
Lot 1
Lot 2
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Figure 9: Lot 1 Tree Plan
Lot 1
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Figure 10: Lot 2 Tree Plan
Lot 2
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Figure 11: Lot 1 rendering
Figure 12: North and South Elevations of the “twin” buildings
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Figure 13: East and West Elevations of the twin buildings
West
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ANALYSIS and FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets
Code?
Growth Policy
Land Use
Residential Mixed-Use Yes
Zoning R-5, Residential Mixed-Use High Density Yes
Comments: Attachment A below identifies specific relevant Bozeman Community Plan goals and growth policies that the
Truman Flats proposal addresses and describes how the proposal is consistent with those policies.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations
(38.100.080)
Condominium ownership Yes
Comments: The 60 dwelling units of these two apartment buildings which have affordable price limitations per the Annexation
Agreement will be rentals per the Applicant’s Affordable Housing Plan (see Section 5 below). The remaining 88 dwelling units
may be rentals or for-sale condominium units. Condominium developments must comply with all provisions of the Unit
Ownership Act, MCA 70-23-101 and must comply with BMC 38.360.100. The Applicant must submit a Condominium Review
application to the Community Development Department to create condominiums for the development.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets
Code?
Current Violations Yes
Comments: There are no known code violations on the Site.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for
applicable permit types (38.230)
Meets
Code?
Site Plan Yes, per
Condition
No. 2
Submittal requirements 38.220.080 and 100 Yes
Phasing of development 38.230.020.B No. of phases: 1 Yes, per
Code
Provision 2
Comments: Per Condition of Approval No. 2, this site plan cannot be approved until the lots are created by the recordation
of the Final Plat for the Canyon Gate Major Subdivision. The Final Plat application is under review, Project 23237.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA
Comments: Truman Flats will be the first buildings constructed at the Canyon Gate subdivision, along with public and private
infrastructure serving the subdivision such as streets, water, sanitary sewer and stormwater facilities. “Vertical construction”
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November 15, 2023
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(from the ground up) is expected to begin for the Truman Flats project as soon as all necessary approvals, including but not
limited to final plat approval, are in place and all concurrent construction requirements have been satisfied.
It is noted that the location of the Truman Flats project, in the R-5 zoned area of the Canyon Gate development, was the site of
mature Cottonwood trees and associated low-lying vegetation (see Figure 3). The Applicant removed the trees in preparation
or anticipation of approval of this development. The trees were on private property and there is no City code provision to require
the preservation of trees on private property or of their replacement in kind. Section 38.230.100.A.7.d of the BMC requires site
plan applications to submit plans for “Landscaping, including enhancement of buildings, the appearance of vehicular use, open
space and pedestrian areas, and the preservation or replacement of natural vegetation”. The landscape plan submitted for this
application shows the location of 65 trees to be planted on the Site (see Figures 9,10, 20 and 21) and 19 trees to be planted in
the boulevard green along the streets that border the site. The number, spacing, species and location of trees proposed are
compliant with BMC 38.230.100.A.7.d, Plan Review Criteria, and 38.550.050, Landscaping Requirements. Landscaping
requirements, including information regarding the site’s vegetation plan and trees are discussed further in section 7.e. below.
The Applicant has requested “concurrent construction” of public infrastructure within the Canyon Gate subdivision per
38.270.030.D. The two Truman Flats buildings would be completed in one phase and, if concurrent construction is approved
by the City Engineer, would be constructed concurrently with the Canyon Gate roads, water, sanitary sewer, stormwater
management facilities and other site infrastructure.
Concurrent construction of the subdivision Site requires an approved infrastructure plan, along with approval and recordation
of an Improvements Agreement and adequate financial surety for those improvements and compliance with Section D of the
applicable completion of improvements code with respect to site plan development (See Code Provision 2). The Applicant has
requested concurrent review of this site plan with the Final Plat application for the Canyon Gate Major Subdivision. Should this
site plan be approved by the Director, it would be conditional on the approval and recordation of the Canyon Gate Major
Subdivision Final Plat which creates the subject Lots 1 and 2 of Block 4 (see Condition of Approval No. 2).
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets
Code?
Permitted uses 38.310 Residential—Apartment Buildings Yes
Form and intensity standards 38.320
Zoning: Setbacks
(feet)
Required Provided Yes
Front Landscape
Block
Frontage-
10’
15’ (the “front” is Maiden Spirit Street
frontage)
Rear Park Block
Frontage
(Mixed BF)=
10’
Development on Lot 1 is 10’ from
Public Park B; Development on Lot 2
is 10’ from Public Park B.
Side 5’ 15’
Alley NA NA
Comments: The building setbacks meet code.
Lot
coverage
“Footprint” coverage
of the lot by
structures
Allowed: No
max. in R-5
zone
Provided: 25% Yes
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Building
height
Allowed: 50’ or
4-stories,
whichever is
greater, per
the annexation
agreement
Provided: 48’ 11” building height to the
roofline plus 3’ 11 1/2” parapet for
mechanical equipment for a total
building height of 4 stories at 52’ 10
1/2” to the top of the roof equipment.
Meets
Code?
Yes
Minimum
Density
38.320.030.C:
8 dwelling units (DU)
per gross acre of lot
area in the R-5 zone.
Lot 1= 1.69
gross acres
with 74
dwellings = 43
DU/ac
Lot 2= 1.71 gross ac with 74 DU= 43
DU/ac
Yes
Comments: The building height meets the Annexation Agreement maximum height of 4 stories or 50 feet whichever is greater.
The BMC allows rooftop mechanical equipment to extend above any height limit by a maximum of four feet as a height limit
exception per Section 38.350.050.D.2.a. The rooftop equipment extends one-half inch below this maximum four feet height
exemption and, therefore, meets code. The maximum lot area for apartments in the R-5 zone is 2.5 gross acres and the
proposed apartment buildings at 1.69 and 1.71 gross acres satisfies this standard.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: There are no overlay standards. The development of the two apartment buildings meets the specific standards
of the Annexation Agreement in that the buildings’ height does not exceed 4 stories and 60 of the 148 dwelling units provided
therein would be priced for sale or for rent at a price affordable to households with income no more than 120% of the
Bozeman Area Median Income (AMI). This rent or sale price restriction on the 60 units “runs with the land” in perpetuity
pursuant to an already recorded covenant. Furthermore, the Applicant is requesting a reduction in the parking requirement
for all of the dwelling units within the development utilizing the incentives of the City’s Affordable Housing Ordinance found
in 38.330.030.C.
In order to qualify for the requested “Shallow Incentive” of the reduced parking requirement of 1 space per dwelling for all
the dwellings in the development, per 38.380.030.C, the Applicant must provide at least 5% of the total dwelling units in the
development at the reduced price of 80% of the AMI for rental dwellings, see additional discussion and calculations specific
to this project in the comments relating to the affordable housing plan below. The Applicant intends to manage these
affordable units as rentals. Rather than the standard 1.75 parking spaces (in an R-5 district) for each dwelling unit with 2 or
more bedrooms within the development (there are 60 such units in total), this incentive allows a reduced 1 parking space
per dwelling unit, no matter the size of the unit, for all the dwelling units within the development. This results in a parking
requirement for the 148 dwelling units at 148 vehicle spaces (see Section 7d below).
General land use standards and requirements 38.350 Yes
Comments: Apartment buildings are principal permitted uses in the R-5 district.
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA
Comments: NA
Wireless facilities 38.370
NA
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November 15, 2023
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Affordable Housing 38.380.010 Meets
Code?
Yes, per the
Annexation
Agreement
and the
City’s
Affordable
Housing
Ordinance
BMC 38.380
(see
Condition
No. 3).
Affordable housing plan Yes
Comments: The Canyon Gate Annexation Agreement for this property includes an affordable housing offer by the Applicant
which guarantees, in perpetuity by a recorded Covenant on the property, that a minimum of sixty (60) dwelling units of the
148 dwelling units provided by this site plan will be priced, for rent or for sale, at no more than 120 % of the Area Median
Income (AMI) for the Bozeman area. Per the Annexation Agreement, the below-market priced dwelling units will match the
bedroom count to the number of persons in the qualifying household: 1 person household (HH) will reside in a studio
apartment; a 2 person HH will reside in a 1 bedroom unit; a 3 person HH will reside in a 2 bedroom unit; and a 4 person HH
will reside in a 3 bedroom unit. The Applicant intends to manage the affordable dwelling units as rentals.
The Annexation Agreement Covenant, Affordable Housing Narrative and Affordable Housing Unit plans can be accessed
here.
As noted above, the Applicant has requested a reduced parking requirement as a “shallow Incentive” per the City’s
Affordable Housing Ordinance No. 2105 and Section 38.380.030.C.3.d. This results in 5% of the 148 dwelling units in the
development, or 8 dwelling units, to be rented at a price that is affordable to appropriately sized households earning no more
than 80% of the AMI. Of the 8 affordable rental units, 2 are studio units (506 sf), 2 are junior-one bedroom units (611 sf), 2
are one-bedroom units (752 sf), and 2 are two-bedroom units (1,022 sf). The Applicant intends to manage 52 of the 148
dwelling units in the development as rental or for-sale units priced at no more than 120% of the AMI in perpetuity per the
Annexation Agreement and would manage 8 of the 148 dwelling units in this development as rental units priced at no more
than 80% of the AMI for a period of 30 years. A total of 60 dwellings would be rented or sold at below market rate prices,
representing about 40% of the total units. Per Condition of Approval No. 3, of the total price-restricted dwelling units, the
Applicant or owner must record a Restrictive Covenant for 8 units to be priced at no more than 80% of the AMI for a
minimum of 30 years. The Annexation Agreement Covenant requires 60 units to be sold or rented at no more than 120% of
the AMI in perpetuity.
6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and
Access (38.400)
Meets
Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 Yes
Access easements NA
Level of Service
38.400.060
LOS “C” per
the TIS
Transportation grid adequate to serve site Yes
Comments: The Traffic Impact Study (TIS) conducted for the Canyon Gate subdivision application identified the traffic
generated by the entire Canyon Gate development, including the two apartment buildings which are the subject of this site
plan application. The study found that:
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November 15, 2023
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“The Future (2027) projected intersection capacity results showed that all study area intersections would continue to operate
at LOS C or better during both the AM and PM peak hours. The proposed new site access intersections [for the Canyon
Gate development] are projected to operate at LOS B or better. Auxiliary turn lane warrants were evaluated, and it was
found that no additional turn lanes are warranted at any study area intersections.”
Sidewalks 38.400.080 Meets
Code?
Yes
Comments: Meets code.
Drive access 38.400.090 Access to site: one for each lot from Maiden Spirit Street Yes
Fire lanes, curbs, signage and striping Yes
Comments: The turning movement analysis for Fire apparatus and EMT vehicles is shown on the Sheet 102 C1.2 Civil
Vehicle Turning Plan.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110
Pedestrian access easements for shared use pathways and similar transportation facilities. See Figure
14 below.
Yes
Public transportation 38.400.120 NA
Comments: At this time there is no bus service to the Site. There is not enough population/ridership to support extension of
Streamline transit to this Canyon Gate or Story Mill neighborhood. The closest bus stop is the Blue Line at Walmart or the
Brown Line at Rouse and Tamarack streets, both about a half-mile walk from the Site.
There are sidewalks situated throughout the Site to make for safe and effective pedestrian and bike travel within the Site. The
Site is walkable but travel outside the Site to most destinations will require vehicular or bicycle travel.
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November 15, 2023
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6b. Conformance with Article 4 – Community Design Provisions: Community Design and
Elements (38.410)
Meets
Code?
Neighborhood centers 38.410.020 Yes
Comments: The Canyon Gate subdivision offers the Public Park A as the neighborhood center (see Figures 14 and 15
below).
Figure 14: Canyon Gate Park Master Plan
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November 15, 2023
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Figure 15: Canyon Gate Park Master Plan Amenities (Truman Flats in red)
Lot and block standards 38.410.030-040 Meets Code?
Yes
Midblock crossing: rights-of-way for pedestrians/ alternative block delineation NA
Comments: The Public Park B bisects the Truman Flats development in a north-south orientation and borders the project
along its southern boundary.
If the development is adjacent to an existing or approved public park or public open space area, have
provisions been made in the plan to avoid interfering with public access to and use of that area?
Yes
Comment: The apartment buildings lie 10 feet from the southern, park-facing property lines of both lots. Ground floor
dwellings along the park frontage will be provided a 10 foot deep landscaped setback between the park and the face of the
ground floor dwellings to assure privacy and security to the residents and to assure access to the park.
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes-
Concurrent
Construction
Easements (City and public utility rights-of-way etc.)
NA
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November 15, 2023
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Water, sewer, and stormwater Meets Code?
Yes-
Concurrent
Construction
Other utilities (electric, natural gas, communications) Yes
CIL of water rights (CILWR) Yes, per
Code
Provision 1
Comments: The CILWR determination has been made. Payment of the CILWR amount determined is outstanding and must
be received prior to final site plan approval.
Municipal infrastructure requirements 38.410.070 Yes—
Subdivision
infrastructure
and
Concurrent
Construction
Comments: A Concurrent Construction application and all associated requirements, per Section 38.270.030.D., for
subdivision improvements must be completed and approved by the City prior to issuance of the building permit for the
subject site plan.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes, see
Section 7e
below
Comments: Meets code.
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
Comments: There are no watercourses on this Site. A June 2023 wetlands investigation for this site found that “There are no
streams, irrigation ditches, wetlands, or delineated floodplains on the property. There are no alterations to water bodies
proposed or required for the project.”
The wetland investigation report can be found here
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation
Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A Yes – all park
and
recreation
requirements
for subject
parcel have
been satisfied
with the
underlying
subdivision
preliminary
plat approval
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and their
relevant code
provisions.
Cash donation in lieu of Parks (CILP) 38.420.030 CILP is not
required.
Improvements in-lieu of Parks (IILP) IILP is not
required.
Comments: The Canyon Gate Subdivision provides the requisite parkland for this development.
Park Frontage 38.420.060 Meets Code?
Yes –
applicant’s
phasing and
park
construction
plans provide
the required
amount of
parkland
dedication per
phased
development.
Park development 38.420.080 Yes – park
master plan
approved with
subdivision
preliminary
plat approval
Recreation pathways 38.420.110 Yes – park
master plan
approved with
subdivision
preliminary
plat approval
Park/Recreational area design Yes – park
master plan
approved with
subdivision
preliminary
plat approval.
Comments: The Canyon Gate Subdivision provides the requisite parkland for this development (see Figures 7, 14 and 15).
7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Types: Landscape, Park (Mixed) and Special Residential
Block Frontages
Yes
Departure criteria NA NA
Comments: The reduced parking “Shallow Incentive” is not a departure; it is permitted as-of-right once the criteria are met.
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November 15, 2023
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Both the Landscape Block Frontage (BF) and the Park (Mixed) Frontage BF standards require a 10-foot deep landscaped
setback from the building and the property line; this is met for both buildings. All ground floor dwelling units must provide privacy
and security separation between the residential use and pedestrian pathways per 38.510.030.J, Special Residential BF
standards. The ground floor units in both buildings will have 10-feet landscaped separation between pedestrian pathways.
7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and
landscaping, etc.) so that activities are integrated with the organizational scheme of the community,
neighborhood, and other approved development and produce an efficient, functionally organized and
cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes
Non-motorized circulation and design systems to enhance convenience and safety across parking lots
and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting
38.520.040
Yes
Comments: These two lots/sites are unique in that they have a City Park separating the lots in their north-south
orientation. The same City Park borders both lots/sites along their southern boundaries.
Design of vehicular circulation systems to assure that vehicles can move safely and easily both within
the site and between properties and activities within the general community 38.520.050
Yes
Internal roadway design 38.520.050.D NA
Comments: Each lot/site has one in-and-out vehicular access point from the north, from Maiden Spirit Street. It is noted
that the snow storage area for each lot, shown in Figures 20 and 21, meets the intent of the BMC 38.540.020.M code with
respect to the submitted grading and drainage plan and subdivision storm water and flood conveyance plan.
On-site open space 38.520.060 Yes
Total required: 8,900 gsf per lot Yes
Total provided: Lot 1: 8,913 gross
square feet (gsf)
Lot 2: 9,422 gsf Yes
Comments: Open space for residents and their guests is provided as interior common seating areas in the lobby and ground
floor bike room; as private balconies for upper-level units; as private rear patio areas for ground-floor units; and each lot
has a grassy common open space area. The open space requirement is for this project and is not to be confused with
parkland requirements for the residential use per BMC 38.420. The parkland for the Truman Flats development is met by
the parklands dedicated to the City by the subdivision which includes Public Park B Lot which bisects the two lots, and which
borders both lots on the south.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: The electrical panels on each of the buildings are located on the inside corner of the building within the corridor
leading to the building. The panels are not visible from the sidewalk or street and, therefore, meet the standard for screening
per 38.520.070.
Trash enclosures on each lot are screened by landscaping as noted in Figure 17 below. The design of the trash enclosures
on each lot do not allow bear encroachment into the enclosure.
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November 15, 2023
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Figure 16 above: Trash enclosure specifications
Figure 17 below: Landscaping screening of the trash enclosure on each lot
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods and other approved development 38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: The Truman Flats site consists of the two R-5 zoned lots that lie in the center of the 24-acre Canyon Gate
property. The Canyon Gate project is a mixed use neighborhood of predominantly residential buildings of a mixture of
scales, heights, massing and densities. The two Truman Flats lots/sites will be bordered by duplex residential buildings on
the lots to the north and by four-plex residential buildings on the lots to the east and south.
The 4 story Truman Flats apartment buildings will mirror each other and will provide windows, façade projections, change
in rooflines, balconies, weather protection on the first floor, varying colors and materials, varying siding styles and rhythm of
window placements to create visual interest and break up the perception of massing.
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The length of the building, at about 214 feet by 122 feet, exceeds the maximum length standard of 38.530.040.E which limits
the façade width/length to 150 feet without incorporating architectural features and elements that break up the massing and
provide visual interest. In this case, the massing of each building is visually broken up by a pass-through corridor at the
building entrance where the building turns and becomes “L” shaped. In addition, the buildings provide a façade recess of
at least 6 feet deep and 10 feet wide where the building turns and becomes L shaped as illustrated in Figure 18A below.
Façade color changes and varied rooflines create a perception of breaking up of the mass of building. Figure 18B below
shows the changes in color rhythm and roofline design.
The Applicant has provided a brief narrative describing design intent for the project which states:
“Design Intent: Architecturally, the goal is to enhance the natural, mountainous feel of the site while being mindful of
the wooded surroundings and picturesque setting. The project will blend natural materials with ample amounts of glass
to complement the surrounding landscape. White building accents are representative of the snow-covered Bridgers
and the project site offers ample opportunity for the residents to connect with the park-like setting. Additionally, the
team felt strongly that the building should be broken down into smaller masses to enhance the surrounding multi-family
homes and condos in the story mill neighborhood. Differing planes in the floor plan and varying roof expressions help
to break up the building and bring it down to a residential scale and feel.”
Figure 18A above and B below: Building façade recesses/ roof line modulation
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November 15, 2023
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7d. Conformance with Article 5 – Parking (38.540) Meets
Code?
Parking requirements 38.540.050 Yes
Parking requirements residential 38.540.050.A.1 148 for both buildings
Reductions residential 38.540.050.A.1.b Yes, per the Shallow Incentives of Affordable
Housing Section 38.380.030.C.3.d.
Parking requirements nonresidential
38.540.050.A.2
NA
Many public comments noted in Section 9 below and in Attachment B below note that the 4-story building in the center of
the Canyon Gate subdivision is taller and out of scale with the built environment of the surrounding Legends I and II
subdivisions which are characterized by 2-story residential buildings of varied architecture.
While staff may not find that the design and massing of the apartment buildings achieve the stated design intent of the
Applicant, staff measures the apartment building design against the standards and requirements of the BMC and not by the
Applicant’s design statement. The proposed land uses, scale and density of the Canyon Gate concept plan were reviewed
by the City Commission during both the annexation and zoning map public hearings and the subdivision preliminary plat
public hearings. The Canyon Gate Annexation Agreement between the City and the subdivider identifies the allowable
building heights and assures below-market-rate prices or rents of at least 60 dwelling units within the Canyon Gate
subdivision which would remain in perpetuity. This Agreement allows the height of the R-5-zoned lots to be 50-feet or 4-
stories, whichever is greater, and the zoning map places the R-5 zone in the center of the subdivision. The Applicant has
chosen to satisfy the Annexation Agreement below-market-rate housing in the R-5 zone in the middle of the subdivision.
The R-3-zoned anticipated four-plex residential buildings surrounding the R-5 Truman Flats site have a lower height limit
which will serve to “step down” building heights and scale from the 4-story Truman Flats apartment buildings to the
neighboring 2-story residential buildings in the adjacent Legends subdivisions. Therefore, the larger buildings were placed
in the center of the subdivision with lower-scale buildings flanking them to create the transition in height and massing which
positively addresses the code’s purpose stated in BMC 38.500.020.D: “ Ensure that new developments within existing
neighborhoods are compatible with and enhance the character of Bozeman’s neighborhoods”. It is noted that public
comments received for this project state that the massing and height of the apartment buildings fall short of this goal.
Public comments noted in Section 9 and Attachment B offer guidance to designers of buildings within the Canyon Gate
subdivision, particularly for those lots abutting the Legends subdivisions, that neighbors suggest would be compatible with
neighboring building scale and architectural styles.
However, staff finds that the scale and design of the Truman Flats apartment buildings generally and sufficiently meet (1)
the R-5 zoning district intent and purposes; (2) the Annexation Agreement height limits; (3) are needed to facilitate the
housing affordability standards of the Annexation Agreement; and (3) and are consistent with the accepted concept design
plan for the Canyon Gate subdivision.
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Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street Lot 1=74; Lot 2= 75 spaces
Total on site = 149
Provided on-street Lot 1=15; Lot 2= 14
Total on-street= 29
Bicycle parking 38.540.050.A.4 10% of 148= 15 secure bicycle spaces are
required to be provided within each of the lots
and 92 secure spaces are provided on each
lot for a total of 184 bike racks.
Comments: The Applicant is proposing to provide 60 dwelling units total at below market rates. Eight of those dwelling units
would be rented to households earning no more than 80% of the Bozeman AMI. These 8 units will be rent restricted for a
period of 30 years and after that time they can be price restricted to 120% of AMI in perpetuity. Fifty-two dwelling units would
be rented or sold to households earning no more than 120% of AMI. Therefore, all 60 price-restricted units remain so in
perpetuity and compliance would be monitored by the appropriate City Department which, currently, is the City’s Economic
Development Department, Housing Program.
The designated affordable units would be sized to the household size of the renter. The Applicant has submitted an
Affordable Housing Plan which outlines how these units will be managed and kept affordable. Because of the 8 units rented
at no more than 80% of AMI, the entire development qualifies for parking space reductions pursuant to the City’s Affordable
Housing Ordinance No. 2105 reflected in UDC Section 38.380.030.C.1.d which allows one parking space per dwelling unit
for all dwellings within the development. So, for the 148 dwellings units in the project, 148 parking spaces are required and,
at 10% of the required vehicle parking spaces, 15 bicycle parking spaces are required. This proposal provides far in excess
of the requirement with 92 secure bike parking spaces provided.
Lot 1 will provide 74 vehicle parking spaces on Site and 15 spaces on the street along its frontage. Lot 2 will provide 75
vehicle spaces on Site and 14 spaces on the street along its frontage. Each lot will provide 70 indoor bike racks, 18 exterior
covered racks and 4 exterior uncovered racks for a total of 92 secure spaces for each lot. The interior racks are located next
to the lobby entrances, the exterior covered bike storage units and the uncovered bike racks are located next to the building
at the corner of the parking lot as shown below in Figure 19.
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Figure 19: Secure bicycle storage areas in red
Loading and unloading area requirements 38.540.080 NA
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA
Additional berth – minimum 45 feet length NA
Comments: None required, and none provided.
7e. Conformance with Article 5 – Landscaping (38.550)
Meets
Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required 81% for Lot 1 and 86% for Lot 2 are drought-
tolerant
Parking lot landscaping Yes
Additional screening Yes
Street frontage Yes
Street median island NA
Acceptable landscape materials Yes
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The landscape plan plant species and spacing and the hardscape plan materials meet code. The species of trees
include maple, honeylocust, crabapple, aspen, linden and elm which are typical species planted in new developments. The
maple, honeylocust, crabapple, linden and elm species are deemed drought-tolerant by the Montana Nursery & Landscape
Association. Aspen is not designated drought-tolerant, but the City Forester finds it an acceptable species to plant in new
development sites. The proposed species, spacing, numbers and locations of trees and shrubs meet code standards.
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Note that there is no code restriction on the removal of trees from private property. The removal of mature trees on the site
was conducted during the summer of 2023.
Landscaping of public lands 38.550.070 Meets Code?
Yes
Comments: The trees within the ROW boulevard green are deciduous as there are no overhead power lines to conflict with.
The tree species and spacing meet code.
It is noted that over 100 mature cottonwood trees were removed from the Canyon Gate subdivision land this summer. The
location of those trees is shown in Figure 3 above. Many of the trees were located on the land that will be the two lots upon
which the Truman Flats apartments will be built; that is, when the subdivision final plat is recorded and the two lots are created.
The Applicant proposes to plant trees on the Truman Flats site and within the boulevard green rights-of-way (ROW) of the
streets that border the site. Lot 1 will have 9 trees planted in the boulevard green of streets bordering this lot and will have 33
trees planted on the site. Lot 2 will have 10 trees planted in the boulevard green of streets bordering this lot and will have 32
trees planted on the site. A total of 65 trees will be planted on the Truman Flats site and 19 trees will be planted within the
ROW bordering the site. There is no code restriction on removal of trees from private property and there is no requirement for
replacement in kind or in number when removed from private land.
The trees planted within the landscaping of the Truman Flats project must be maintained properly and if any of the plants do
not survive planting, they must be replaced with a plant that complies with the approved landscape plan, pursuant to BMC
38.550.100, General Maintenance. That code states that “failure to maintain required landscaping in a healthy growing condition
at all times may result in revocation of an occupancy permit.”
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Figure 20: Tree plantings for Lot 1
Snow
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Figure 21: Tree plantings for Lot 2
7f. Conformance with Article 5 – Signs (38.560)
Meets
Code?
Allowed SF/building 38.560.060 NA
Proposed SF/building NA
Comments: Signs are not proposed as part of this application. They will require a separate application and building permit.
7g. Conformance with Article 5 – Lighting (38.560) Meets
Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes
Comments: The site lighting has the minimum required 0.2 Foot Candles (FC) and an average of 1.3 on both lots. The
proposed maximum to minimum uniformity of 18.5 to 1 and 20 to 1 west/east meets code.
snow
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8. Conformance with Article 6 – Natural Resource Protection Meets
Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: There are no wetlands on the Site. A June 2023 wetlands investigation found that “There are no streams,
irrigation ditches, wetlands, or delineated floodplains on the property. There are no alterations to
water bodies proposed or required for the project.” The wetland investigation report can be found here.
9. Relevant Comment from Affected Parties (38.220) Meets
Code?
Public Comment
Comments: Public notice was posted on the property and mailed to owners of adjacent properties on October 6, 2023. To
date, the following comments have been received on this application and can be viewed here.
Affordable Housing Public Comments
(1) Interest expressed as to whether the designated affordable or below-market-rate units would be rental or for-sale;
(2) Comments that the 60 affordable units, at 120% of the AMI, are not truly “affordable” while the 8 units priced at 80%
of AMI are affordable;
(3) Interest as to whether the remaining market-rate units would be rental or for-sale condominium units;
[Staff Comments: Please see Sections 2, 5 and 7d for details on the proposed affordable housing of this project.]
Traffic Congestion Comments
(4) Concern that construction traffic would access the site from adjacent residential neighborhoods and recommends
that construction traffic access the site solely from Story Mill Road;
(5) Concern that there is insufficient parking on the Site and on the adjacent streets for project residents and guests.
[Staff comment: The route of construction-related traffic will be submitted with the Infrastructure Plan which will be reviewed
and approved by the City Engineering Department. This has not yet been provided by the Applicant.]
Trees and Wildlife Habitat Comments
(6) Concern that the 100-plus trees previously existing on the project Site were removed and the land was “bulldozed
flat” and inquiry as to whether there was a fine imposed on the developer for removing the trees without a permit;
(7) Comment that the project does not mitigate the loss of the trees and their associated wildlife habitat by planting more
trees than were removed and it was suggested that the Applicant plant 150 native cottonwood trees, fruit trees
should be prohibited to discourage black bear-human conflict and native species should be planted throughout such
as willow, cottonwood, or aspen.
(8) Comment that the trash facilities appear to have open sides large enough for black bear to enter. These trash
facilities should be fully enclosed and have bear-proof doors and covers to avoid the truism that a “fed bear is a dead
bear”;
[Staff comment: Please see Sections 4 and 7e above for details on trees and the trash enclosures]
Project Design Comments
(9) Comment that the Canyon Gate development is not providing the required green space;
(10) Comment that the project provides inadequate room for snow storage throughout;
(11) Comment that the Canyon Gate linear trail ends abruptly to the east abutting the steep sided private open
space/stormwater retention pond of the Legends II subdivision which is not a park;
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(12) Comment that the Truman Flats project is out of scale with the neighborhood and is at a higher density than was
originally proposed by the developer;
(13) Comment that the project architecture does not align with the surrounding neighborhood’s architectural style or
scale, creating an imposing presence;
(14) Comment that the flat-top roofline does not contribute to the aesthetic diversity of the area and more distinctive
rooflines would blend in with the neighboring structures which feature a range of heights and roof styles;
(15) Comment that the architecture of the project is not complementary to the surrounding neighborhood’s design
character and step-backs and building segmentation would improve compatibility; and
(16) Comment that the proposed development, although providing housing, is not consistent with and does not conform
to Bozeman Community Plan growth policies.
[Staff comment: Please see Sections 6b, 7b and 7c for details on project design parameters.]
Attachment B describes design and neighborhood compatibility themes, guidelines and suggestions for the design of the
Truman Flats project as well as for other developments within the Canyon Gate subdivision. These suggestions were
submitted as public comments by residents of adjacent neighborhoods, including a group called the “Bridger CreekLands
Association of Neighbors (BCAN)”, to inform staff and the Applicant of neighborhood compatibility goals.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets
Code?
Subdivision exemptions NA
Required easements Yes
Comments: The Canyon Gate Major Subdivision Preliminary Plat provides all the required easements for this
development.
ATTACHMENT A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
When annexed into the City, the Canyon Gate land was given four zoning designations: B2-M, Community Business District—
Mixed; R-3, Residential Medium Density District; REMU, Residential Emphasis Mixed Use; and R-5, Residential Mixed Use
High-Density District. The Truman Flats development lies on the land zoned R-5.
The intent of the R-5 district is to provide for high-density residential development through a variety of housing types within the
City with associated service functions. The 3.4-acre R-5 Site meets the intent of the zoning district by providing 148 dwelling
units which represents a density of 46 dwelling units per gross acre.
Adopted Growth Policy Designation:
The Site lies within the Residential Mixed Use designation of the Bozeman Community Plan’s Future Land Use Map (FLUM).
Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Site’s future land use map designations and
implementing zoning districts. The Site’s R-5 zoning designation is an implementing zone for the Site’s Residential Mixed Use
FLUM designation.
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Figure 22: Canyon Gate Concept Development Plan (Truman Flats in red)
The new Canyon Gate Blvd, the extension of Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor”
through the subdivision provide multi-modal access to the Truman Flats Site.
At this time there is not enough population density to support Streamline transit to the neighborhood. The closest bus stop is
the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets. However, it is expected that at full build-out of the
Canyon Gate neighborhood transit service will be provided within walking distance (1/4 mile) of this neighborhood.
There are sidewalks situated throughout the subdivision to make for safe and effective pedestrian and bike travel within the
neighborhood and to and from the Truman Flats Site. In the near term, before residents, workers and visitors generate sufficient
density to support transit service, the Site is walkable to the nearby Story Mill commercial establishments, the Bozeman Public
Safety Center, and amenities like city parks, area recreational trails, and the golf course. Travel outside the neighborhood is
better suited to vehicular or bicycle modes.
The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park, which provide a
variety of recreational opportunities.
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The proposed apartment buildings positively address the following Bozeman Community Plan 2020 goals:
Theme 2: A City of Unique Neighborhoods.
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.1 Promote housing diversity, including missing middle housing.
[Staff Comment: The Truman Flats housing project positively addresses Goal N-1 in that it is the first project of a 24-acre Canyon
Gate mixed use community with a network of pedestrian pathways, parks and open spaces. The internal network of trails and
sidewalks would provide enhanced connectivity to neighboring housing, commercial establishments, parks and other
recreational facilities.
The project would positively address Policy N-1.1 in that the apartment buildings would add a diversity to the housing stock and
to the affordability of the housing stock in the Canyon Gate and Story Mill neighborhoods.]
Goal N-3: Promote a diverse supply of quality housing units.
[Staff Comment: The 148 dwelling units in the Truman Flats development will be quality units, including the below-market-rate
units which are integrated throughout levels 2 and 3 of each apartment building (see Sheet A0.50).]
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1: Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that
contribute to Bozeman’s sense of place through programs and policy led by both City and Community efforts.
[Staff Comment: The 24.14-acre Canyon Gate subdivision is proposed for development on relatively flat former farmland which
has become nearly surrounded by residential neighborhoods. The Canyon Gate concept plan for this subdivision creates its
own mixed use neighborhood with medium-density housing in the R-3 and B-2M zones and medium intensity commercial uses
in the B-2M zone which would provide no more than 25,000 square feet of commercial space per building therein. The Story
Mill neighborhood features a mix of light industrial uses, citywide- and neighborhood-serving commercial establishments, low-
to medium-density residential uses, public and private recreational uses and, along Bridger Creek, wildlife habitat. The Canyon
Gate subdivision would contribute to the mix of services and commercial establishments and the Truman Flats development
would contribute a diversity of housing in that neighborhood and, in addition, would integrate workforce housing therein.
The Canyon Gate Concept Plan shown in Figure 5 reflects a mixed use character which complements the Story Mill area;
provides multi-modal connections to the public amenities in the area; and, when the subdivision is fully built-out, would create
its own neighborhood character. The Canyon Gate neighborhood character, of which the Truman Flats project would be a key
visual feature, would anchor the key intersection of Story Mill Road and Bridger Road. The Truman Flats development continues
the mixed use neighborhood character near the edge of a Story Mill commercial node and the residential subdivisions to the
north and east. In this first stage of the Canyon Gate subdivision development, the 4-story apartment buildings would appear
out-of-scale with the lower-scale and lower-density farmhouses and Legends I and II residential subdivisions. When fully
developed, with lower density housing abutting the existing neighborhoods, the Canyon Gate subdivision, with the Truman Flats
as a visual centerpiece, will blend with the current land uses and create its own sense of place which is consistent with the
Community Plan’s Future Land Use Map (FLUM). The FLUM designates the residential zones of the Canyon Gate subdivision
as Residential Mixed Use and designates the adjacent residential neighborhoods as Urban Neighborhood (see Figure 23). Both
FLUM designations envision the area as urban with a mixture of housing types. The Urban Neighborhood designation
discourages “large areas of any single type of housing”. The Canyon Gate neighborhood would provide a mix of housing types
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with a variation in building mass, height and design characteristics as is envisioned by its Residential Mixed Use FLUM
designation.]
N-4.4: Ensure an adequate supply of off-leash facilities to meet the demand of Bozeman dog owners.
[Staff Comment: The Open Space A drainage pond park located at the northwest corner of the subdivision features an off-
leash dog park for public use.]
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize
closing gaps within the network.
[Staff Comment: The Truman Flats site provides sidewalks and pedestrian pathways to the Public Park B that bisects the site
in a north-south orientation, to the Public Park B area that borders the site to the south, and connects to Public Park C which,
in turn, connects to a north-south trail bordering the subdivision on its east side. This network of pedestrian pathways connects
to Story Mill Road sidewalks which lead to a traffic signal which will provide a safe connection to the Story Mill Park. The trail
along the east side of the subdivision will provide a link to adjacent trails in the neighborhood which lead to Bridger Creek.
These connections positively address growth policy N-1.10.]
Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands.
EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities
encouraging people to access them.
[Staff Comment: There are no waterways on or adjacent to the site. The Truman Flats development will provide pedestrian
connections to Canyon Gate trails which provide connections to Story Mill Park and to Bridger Creek trails. Bridger Creek lying
north of the site has wildlife habitat and corridors and the Truman Flats project would not alter those resources.]
Theme 5: A City that Prioritizes Accessibility and Mobility Choices.
Goal M-1: Ensure multimodal accessibility.
M-1.12: Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking
minimums elsewhere, acknowledging that demand for parking will still result in new supply being built.
[Staff Comment: The Truman Flats development will provide sidewalks and road connections to Canyon Gate trails, sidewalks
and streets. The Canyon Gate subdivision sidewalks, trails and streets provide connections to adjacent neighborhoods and a
citywide network of sidewalks, bike trails and vehicular travelways/streets.
Of note is the opportunity through the City’s Affordable Housing Ordinance No. 2105, found in BMC 38.380, which grants certain
incentives to developers of housing in order to facilitate affordable, or below-market-rate price-restricted rental or for-sale
housing in the City. The Truman Flats Applicant is taking advantage of one of the incentives called “Shallow Incentives” per
38.380.030.C.3.d which allows a reduction in parking required for dwelling units from two spaces per two- or more bedroom
dwelling units to just one space for any size dwelling unit throughout the development. The project qualifies for this reduction in
parking because the Applicant will designate 8 dwelling units as affordable housing rented at a rate affordable to households
earning no more than 80% of the Bozeman Area Median Income (AMI). These 8 units would remain so rent-restricted for at
least 30 years. After the 30 year term of the 80% AMI price, those 8 units would remain priced at not more than 120% of AMI
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in perpetuity pursuant to the Annexation Agreement. As such, the Truman Flats project positively addresses growth policy M-
1.12.]
Figure 23: Community Plan Land Use Designations
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ATTACHMENT B: PUBLIC COMMENT REGARDING BUILDING AND NEIGHBORHOOD DESIGN GOALS PROVIDED BY
NEIGHBORING RESIDENTS OF THE TRUMAN FLATS AND CANYON GATE SUBDIVISION.
(1) The Bridger CreekLands Association of Neighbors consists of interconnected neighborhoods at
the base of Bridger Canyons. The area can be characterized by 3 general themes:
NATURAL CONNECTION:
The BCAN area is at the edge of city limits where it connects to the Bridger foothills and
open space beyond. Ample parks, natural open spaces, trails, and access to Bridger Creek allow for
wildlife habitat and a connection between residents and the nature. Most developments focused on
preserving native plants and utilizing natural contours where possible. Interconnected trail networks
promote non-motorized circulation. View sheds of the mountains and surrounding open space is
maintained through varied building placements and curvilinear street layouts. Minimal lighting and
required down focused lights preserve the dark skies.
COMMUNITY CONNECTION:
Through intentional layouts, the neighborhoods encourage community connection. Lower
speed limits, wide streets, and off-street parking make the local streets safe for residents to recreate.
Unique natural areas and play spaces promote spontaneous meetings. Trails promote connectivity
between neighborhoods.
BUILDING DESIGN:
Although varied in architecture style and size buildings within the BCAN area share several
characteristics. Facades utilize mixed materials and vary in height and depth. Lot layouts as well as
built structures are non-uniform with an emphasis on varied heights and smaller overall footprints.
Overall heights, regardless of building use, are minimal and allow for solar access to ground floor
fenestration. Buildings have off street parking frequently located in out of sight areas.
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(2) Goals and themes for compatible design of the Canyon Gate subdivision.