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HomeMy WebLinkAbout24191 Staff Report MSP FINAL Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 1 of 26 Application No. 24191 Type Master Site Plan Project Name 7th & Aspen Master Site Plan Summary A proposed Master Site Plan for a mixed-use development of commercial and residential uses on three parcels in the North Seventh Addition to Bozeman Subdivision, located in the Southeast corner of N 7th Avenue and W Aspen Street. Phases 1 and 2 will occupy the southern two parcels of the development and will each contain a 4-story apartment building providing affordable housing units. Phase 1, located on the center parcel, will include 46 affordable rental units and Phase 2, located on the southern parcel, will include 50 affordable rental units. Phase 3 will be located on the northern parcel and is proposed to include a 7- story mixed-use building with approximately 75 market rate units and 15,000 square feet of commercial space. The applicant indicated they are currently exploring the feasibility of a parking lot on Phase 3 in the interim, although no plan has been formally submitted. Each phase will include associated open space, parking, landscaping, and site improvements. The project proposes to utilize the deep incentives within BMC 38.380 Affordable Housing as the affordable units will consist of approximately 56% of the total dwelling units within the entire development. The applicant is also requesting departures from four code sections, all of which are available pursuant to BMC 38.320.070 Departures for Housing Creation: the minimum required building placement per the Landscaped block frontage standards in BMC 38.510.030.C; the light and air setback adjacent to the northern property line between Phases 1 and 3 per BMC 38.520.030.C; the required screening of ground related service areas per BMC 38.520.070.B.3; and a reduction in usable open space by 20%. The purpose of the master site plan is to coordinate phasing and construction management with required on and off-site improvements, general building and site design, and review required easements, open space, parking, and parkland. The Phase 1 and 2 Site Plan is being reviewed under a separate project, #24192, with a separate staff report and decision. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 1.838 acres (80,063 sqft) Overlay District(s) None Street Address 706 N 7th Avenue; North of W Peach Street, South of W Aspen Street, West of N 5th Avenue, and East of N 7th Avenue. Legal Description Lots 1-3, Block 1 of North 7th Addition Subdivision and Lots 4A & 6A of North 7th Addition Subdivision, Plat E-21-D, in Section 1, Township 2 South, Range 5 East, located in P.M.M., City of Bozeman, Gallatin County, Montana Owner Midtown Aspen LLC, 233 E Main Street, Suite 404, Bozeman, MT 59715 Applicant Aspekt Architecture LLC, 214 E Mendenhall 201, Bozeman, MT 59715 Representative Same as Applicant Staff Planner Bailey Minnich Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Mailed Newspaper Legal Ad 8/23/2024 – 9/17/2024 10/7/2024 – 10/29/2024 8/23/2024 10/7/2024 8/23/2024 10/7/2024 N/A Advisory Boards Board Date Recommendation Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 2 of 26 Development Review Committee 8/21/2024 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions 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: 10/30/24 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 24191 Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 3 of 26 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 Master Site Plan (MSP) to permit a mixed-use development of commercial and residential uses on three parcels in the North Seventh Addition to Bozeman Subdivision and associated site improvements. Phases 1 and 2 will occupy the southern two parcels of the development and will each contain a 4-story apartment building providing affordable housing units. Phase 1, located on the center parcel, will include 46 affordable rental units and Phase 2, located on the southern parcel, will include 50 affordable rental units. Phase 3 will be located on the northern parcel and is proposed to include a 7-story mixed-use building with approximately 75 market rate units and 15,000 square feet of commercial space. Each phase will include associated open space, parking, landscaping, and site improvements. The project proposes to utilize the deep incentives within BMC 38.380 Affordable Housing as the affordable units will consist of approximately 56% of the total dwelling units within the entire development. The applicant is also requesting departures from four code sections: the minimum required building placement per the Landscaped block frontage standards in BMC 38.510.030.C; the light and air setback adjacent to the northern property line between Phases 1 and 3 per BMC 38.520.030.C; the required screening of ground related service areas per BMC 38.520.070.B.3; and a reduction in usable open space by 20% per BMC 38.320.070 Departures for housing creation. The purposes of the Master 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 Master 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 finds that the proposed Master Site Plan complies with the requirements of the BMC if certain conditions are imposed. Therefore, being fully advised of all information comprising the record of review regarding this application, the Director makes the following decision. C) The Master Site Plan meets 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, as noted in the Code Provisions section of this document. The evidence contained in the submittal materials, advisory body review, public comment, 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 __14th____ day of ____November____, 2024, Erin George, Interim Director of Community Development, or her designee, approved with conditions this Master 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 Department of Community Development 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 OR HER DESIGNEE Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 4 of 26 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. 2. The Phase 3 potential parking lot is not approved with the Master Site Plan. The applicant must obtain a Special Temporary Use Permit (STUP) prior to construction of any parking lot on the northern Phase 3 parcel. 3. The applicant must provide and file with the Gallatin County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to W Peach St between N 11th Ave and N Grand Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to W Tamarack St between N 7th Ave and N Grand Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 4. The applicant must install a rectangular rapid-flashing beacon pedestrian crossing at the intersection of North 7th and Aspen Street prior to occupancy. The crossing must be approved by the Montana Department of Transportation (MDT) through their Systems Impact Action Process. If the MDT does not approve the pedestrian crossing, the applicant must provide documentation from the MDT as to why the crossing cannot be installed at North 7th and Aspen. 5. Prior to occupancy, the applicant must work with the Water and Sewer Department to install a sanitary sewer leak detection system for the portion of sewer in the tunnel under the Northgate Shopping Center. CODE PROVISIONS 1. BMC 38.270.030.C-D – Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section are met. The City must approve concurrent construction prior to building permit approval of any phase. Approval requires a concurrent construction request plan approval, an irrevocable offer of dedication, infrastructure review and approval, submittal of original executed easements to facility infrastructure, and fire review and approval. 2. BMC 38.380.040.E. Affordable housing plan required. The applicant and owner, if different, must consent to the City recording the affordable housing plan immediately following conditional approval of the 7th and Aspen Master Site Plan and Site Plan. 3. BMC 38.380.060.D. Qualification of renters and buyers. 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 immediately following conditional approval of the 7th and Aspen Master Site Plan and Site Plan. The Affordable Housing plan and the restrictive covenant must be recorded prior to issuance of a building permit for the 7th and Aspen Master Site Plan or Phase 1 and 2 Site Plan, application number 24192. 4. BMC 38.410.130. Water Adequacy: Cash-in-lieu of water rights (CILWR) must be paid prior to final plan approval for each phase. 5. BMC 38.420.030. Cash donation in-lieu of land dedication. The finalized cash donation in-lieu of land dedication must be paid prior to final site plan approval for each phase. 6. BMC 38.410.060 B 2a. Front setback utility easements. Front setback utility easements must be ten feet wide and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front setback easements are not needed. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 5 of 26 7. BMC 38.520.030.C. Light and air access and privacy alongside and rear property lines. A 20-feet wide No Build Zone easement shall be recorded on the northern Phase 3 parcel prior to final site plan approval for Phase 1 to accommodate the required light and air setback. 8. BMC 38.520.070.D Utility meters, electrical conduit, and other service utility apparatus. An easement for the electrical transformer location must be recorded on the phase 3 property prior to final site plan approval for Phases 1 & 2. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 6 of 26 Figure 1: Current Zoning Map Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 7 of 26 Figure 2: Phasing Plan Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 8 of 26 Figure 3: Master Site Plan Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 9 of 26 Figure 4: Landscaping Plan Phases 1 & 2 Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 10 of 26 Figure 5: Elevations Phase 1 Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 11 of 26 Figure 6: Elevations Phase 2 Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 12 of 26 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 Community Commercial Mixed Use Yes Zoning B-2M, Community Business District-Mixed Yes Comments: The Bozeman Community Plan 2020, on page 73, discusses how zoning regulations are made in accordance with a growth policy. “The City must balance many issues in approving urban development. Therefore, it is not unusual if there is some tension between competing priorities, even if there is no explicit contradiction in policy.” The adopted regulations in Chapter 38, the Uniform Development Code (UDC), are the result of the Commission considering and balancing a wide range of issues and the regulations provide an overall compliance basis of evaluation of the specific development application to the aims and aspirations of the growth policy. This balancing in crafting regulations means that individual goals or objectives are not maximized to the exclusion of other priorities and evaluation occurs against the whole of the growth policy. Applications consistent with the adopted regulations are in accordance with the overall growth policy. B-2M is an implementing district of the 2020 Community Plan designation of Community Commercial Mixed Use and is supported by the following goals: - Goal R-2.4: Social Equity: Provide solutions that are inclusive with consideration to populations that are most fragile and vulnerable to sudden impacts. Staff Comment: The project proposes 56% of the total residential units within all 3 phases as affordable housing, with rent proposed under a mixture of area median income levels. Phase 1 will include 46 units ranging between 50% and 60% of area median income and Phase 2 will include 50 units with a maximum of 80% area median income. By including a range of rental percentages, these 96 affordable housing units will provide greater inclusion for a more diverse range of income levels and housing populations. - Goal N-1: Support well-planned, walkable neighborhoods. Staff Comment: This project is within walking distance of the commercial downtown and amenities. The subject property is located approximately ½ mile from the intersection of N 7th Avenue and Main Street, and less than 1 mile from the downtown center. Additionally, the site is located within 300-feet of Westlake Park and is adjacent to N 7th Avenue which is classified as a Principal Arterial supporting public transit and city sidewalks. - Goal N-1.1: Promote housing diversity, including missing middle housing. Staff Comment: This project proposes a total of 171 residential dwelling units over 3 phases of development. The proposed multi-family building within Phase 1 will contain 46 affordable housing units and the proposed multi-family building within Phase 2 will contain 50 affordable housing units. The future Phase 3 building is proposed to include 75 market-rate dwelling units. The number of proposed units and buildings will provide diversity in the housing types available with the City of Bozeman. As mentioned previously, the proposed affordable housing units will range between 50%-80% area median income, specifically targeting the missing middle housing levels. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 13 of 26 - Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. Staff Comment: The N 7th/Midtown Urban Renewal District was created in 2006 under ordinance #1685 to remedy blighted areas within the district through rehabilitation and redevelopment. Since the creation of this urban renewal district, there has been a significant amount of redevelopment along N 7th Avenue and within the B-2M zoning district including commercial and mixed-use buildings. The location of the proposed site directly off N 7th Avenue creates a predictable increase in density by establishing a transition between full commercial uses and standard single family residential properties. - Goal N-3.3: Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. Staff Comment: This project is providing 56% of the residential units as affordable housing within walking distance to the downtown commercial corridor. Additionally, the site is located directly adjacent to N 7th Street which includes sidewalks, bus routes and the potential for a future shared use bike path through the City’s Parks, Recreation and Active Transportation (PRAT) plan. - Goal N-3.7: Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. Staff Comment: This project proposes to utilize the deep incentives available through the affordable housing standards in BMC 38.380 to allow for taller buildings and exemption from the maximum façade widths. By utilizing these deep incentives, the proposed buildings are able to provide a higher density within the infill site supporting a more compact neighborhood in close proximity to city services. - Goal DCD-1: Support urban development within the City. Staff Comment: This project is a redevelopment of three infill lots providing higher density residential units within close proximity to commercial uses. The proposed site is located adjacent to N 7th Avenue which is designated as a Principal Arterial street classification and anticipated for the higher level of density and city services. - Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. Staff Comment: This project is located approximately 300-feet north of the intersection of W Peach Street/Durston Road and N 7th Avenue, which is classified as a high visibility corner. Additionally, the site is within approximately 300-feet of Westlake Park, and as previously mentioned directly adjacent to N 7th Avenue. Due to the site’s proximity to these city services, it provides a higher level of potential for more intense redevelopment. - Goal DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Staff Comment: This project is proposed on three infill lots that have direct access onto N 7th Street. This street is a major corridor through the City of Bozeman and supports higher density development. - Goal DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. Staff Comment: This project is a mixed-use development with higher density housing adjacent to an existing public transportation route along N 7th Avenue. Streamline bus service has an existing Blueline route stop located at the intersection of N 7th Avenue and W Peach Street, approximately 275-feet south of the subject property. - Goal DCD-2.9: Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. Staff Comment: In 2022, the City Commission adopted the affordable housing ordinance #2105 which created the deep incentives available to residential and mixed-use developments proposing specific levels of affordable housing units. One of the available deep incentives is the increase in number of stories or overall building height on a potential structure. This project proposes to increase the height on the buildings within Phases 1 and 2 to a maximum of 4 stories, and within Phase 3 to a maximum of 7 stories. As this project site is located along N 7th Avenue and within the Midtown Urban Renewal District, it is a reasonable location for the use of this incentive while creating a transition area to adjacent lower density neighborhoods. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 14 of 26 - Goal M-1.12: Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere. Staff Comment: Through the affordable housing incentives, an applicant could request a reduction in minimum parking standards, however this is not a request for this particular project. As this project is located within the Midtown Urban Renewal District, the requirement for on-site parking is already eliminated. In conjunction with the connected site plan for Phases 1 and 2, the applicant is voluntarily providing 22 on-site parking spaces, which is dramatically less than what would normally be required for the proposed number of dwelling units. Growth Policy – Community Commercial Mixed Use: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity.” “Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development.” The proposed project also complies with other supporting City plans such as the Affordable Housing Plan and the Bozeman Climate Plan 2020, which have been expressly incorporated into the Bozeman Community Plan 2020 in order to cohesively plan for the community’s overall values. The project supports the Bozeman Climate Plan 2020 through the following goals: - Solution G. Facilitate Compact Development Patterns: Proactively plan existing and future land uses to reduce the distance people need to travel for work and to access shopping and services. Staff Comment: The overall goal of the Bozeman Climate Plan 2020 is to uphold the Paris Climate Agreement and therefore the City of Bozeman has set goals of reducing the green house gas emissions 26% by 2025 and to be carbon neutral by 2050. As outlined in the Climate Plan, nearly 70% of Bozeman commuters drive to work and approximately 38% of total emissions came from the transportation sector. In 2018 alone, Bozeman residents, tourists, commuters, and commercial vehicles drove over 315 million miles within city limits. (Bozeman Climate Plan 2020, page 22). This project is proposing 96 affordable housing units available to citizens making less than 80% area median income and will be located within 1 mile of downtown Bozeman. Additionally, this location is accessible through public transit, existing sidewalks, and is adjacent to the location of future shared use paths identified in the PRAT plan. Based on these facts, this project is in an ideal location to support this goal by reducing the distance residents must travel to reach specific City amenities. - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit. Shift travel modes away from single-occupancy vehicles and grow the percentage of community members walking, bicycling, carpooling, avoiding or consolidating vehicle trips, and using transit. Staff Comment: As described in the Climate Plan, removing barrier to active modes of transportation can enable community Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 15 of 26 members to engage in other types of travel and can expand the mobility and accessibility for portions of the population that cannot drive due to age, physical abilities, or income. By placing affordable housing options near facilities such as transit and bike paths, the percentage of the community members utilizing other forms of travel increases considerably. This project is located within ½ mile of Main Street, and less than 1 mile of downtown Bozeman. Additionally, as previously mentioned, this project is located along the Streamline Blueline bus route and a stop is located less than 300-feet south of the site. - Action 4.J.7. Leverage Parking Policies to Encourage Other Modes of Transportation. Staff Comment: The availability and use of parking spaces influences the choices made by the population on their overall mode of travel. This action described in the Climate Plan reinforces coordination between other transportation studies and plans to ensure the community’s parking policies are strengthened and support transit, bicycle, and pedestrian infrastructure. It is directly correlated to Goal M-1.12 of the Growth Policy which encourages the elimination of parking minimum requirements in commercial districts and affordable housing areas. As previously described, this project is located within the Midtown Urban Renewal District and the requirement for on-site parking is already eliminated. As an initial part of the 2020 Affordable Housing Plan, the 2019 Bozeman Community Housing Needs Assessment study showed between 5,400 and 6,340 housing units were needed within 5-years to address the current housing shortfall for residents and the workforce. The 2020 Affordable Housing Plan went further stating 5,800 housing units are needed by 2025, ranging between 30% area median income and 180% area median income. For reference, the ‘missing middle’ housing is classified as between 80% area median income and 120% area median income. This project supports the 2020 Affordable Housing Plan through the following strategies: - Action Strategy – Tax Increment Financing (TIF): Use TIF to incentivize long-term affordable housing within the districts including incentivizing ADUs and 1-bedroom units in the Downtown BID and incentivizing tax-credit qualifying projects. Staff Comment: As previously identified, this project is located within the Midtown Urban Renewal District. In May 2024, the Bozeman City Commission approved this project as an urban renewal project allowing for the use of TIF funds to help incentivize the construction of this project. - On-going Strategy – Flexible Development Standards: Create predictable list of incentives that are by-right (approved by staff) in exchange for providing community housing benefit. Staff Comment: Since the adoption of the Affordable Housing Plan 2020, the City Commission adopted the affordable housing ordinance #2105 in 2022 which created the deep incentives available to residential and mixed-use developments proposing specific levels of affordable housing units. This project proposes to utilize the increase in overall building height and the exemptions from residential block frontage standards, maximum façade width standards, and roofline modulation. Staff Comment: As described through the above goals and strategies, the proposed project conforms to the Bozeman Community Plan 2020 designation of Community Commercial Mixed Use by providing urban density homes within city limits in proximity to existing and developing parks, commercial nodes, centers of employment, retail, amenities within the midtown and downtown areas, and schools. The Apartment use as denoted within the master site plan submittal is allowed within the B-2M zoning district and the project conforms to the requirements of the B-2M zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy and other supporting city plans. No conflicts between the proposed use, zoning compliance, and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 16 of 26 Comments: There is no proposed condominium ownership association for this site plan. The proposed use of the site is consistent with the allowed uses in the B-2M zoning district. As detailed in this report, the application conforms with all relevant provisions of the UDC and other City regulations. Additional steps will be required, including but not limited to, review of a site plan for each phase, building permits, and infrastructure plans. 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 following approval of each subsequent site plan. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 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: 3 Yes Comments: Figure 2 of this report shows the proposed phasing. Phase 1 on the center parcel and Phase 2 on the southern parcel are currently in review under application 24192. Each platted lot is proposed as an individual phase within the master site plan, containing a single building and a portion of the shared open space and other site improvements. The shared parking lot between the buildings will be constructed with Phase 1. The applicant has requested a departure from the light and air setback required with the Phase 1 building from the northern property line with Phase 3. Instead, the applicant is proposing a 20-feet wide no build zone easement on the northern lot to accommodate the required setback. The recording of this easement on the Phase 3 parcel is included as code provision #7 of the Master Site Plan. Per code provision #4 CILWR must be paid prior to final site plan approval for each phase. With Phase 1, public infrastructure including water and sewer mains, hardscape, and perimeter sidewalks are proposed to be constructed. The applicant indicated they are currently exploring the feasibility of a parking lot on Phase 3 in the interim, although no plan has been formally submitted. This Master Site Plan report and analysis does not include a parking lot because it is not proposed within this application. Any proposed parking lot on Phase 3 will be required to obtain a Special Temporary Use Permit prior to construction for conformance with required city codes. Special use Permit 38.230.120 NA Comments: No special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments/Apartment Buildings Yes Form and intensity standards 38.320 Zoning: B-2M Setbacks (feet) Structures Parking / Loading Yes, with departure for block frontage Front Landscaped Block Frontage – 10-feet Landscaped Block Frontage – 10-feet Rear 10-feet 5-feet Side 5-feet 5-feet Alley 5-feet NA Comments: Apartments and apartment buildings are permitted uses within the B-2M zoning district. The proposed structures comply with all B-2M zoning district setbacks and block frontage standards for building placement with one requested departure. Multi-household buildings are subject to block frontage Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 17 of 26 standards and the block frontage standards will be reviewed and confirmed with the individual site plan applications for the applicable phase. The block frontage designation is Mixed along N 7th Avenue, and buildings within Phases 1 and 2 will comply with the Landscaped standards with one departure for the building placement to be located within 5-feet of the front property line along N 7th Avenue. Since the requested departure is not related to the entire development, including the Phase 3 future building, the requested departure will be reviewed for conformance with the applicable criteria within the associated site plan staff report for Phases 1 and 2, application #24192. Lot coverage 40% with Phase 1 and Phase 2 Allowed 100% Yes Building height 53-feet for Phase 1 and Phase 2 buildings; 7 stories for future Phase 3 building Allowed B-2M district permits 4-stories or 50-feet (whichever is less) for residential use and 5-stories or 60-feet for non- residential or mixed use Yes, with deep affordable housing incentives Comments: Lot coverage and building height form and intensity standards are met with the proposed design and affordable housing incentives. In conformance with Sec. 38.380.030.B, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested a total of four deep incentives further described under the Affordable Housing Plan in the next section of this staff report. One of the requested incentives pertains to specific form and intensity standards as outlined below, while the other three incentives are discussed in Sections 7a – Block Frontage Standards and 7c – Building Design. 1) Sec. 38.380.030.B.3.c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the B-2M zoning district. The underlying B-2M zoning district (BMC 38.320.050, note 8) permits a maximum building height of 4-stories or 50-feet (whichever is less) for buildings designed for a single purpose residential use. Buildings designed for non-residential or a mixed-use (commercial and residential combined) permits a maximum building height of 5-stories or 60-feet (whichever is less). With the use of the affordable housing deep incentive noted above, the residential buildings could be a total of 8-stories or 110-feet in total building height. The future Phase 3 building is proposed as a mixed-use building and with the affordable housing deep incentive proposed, could include a maximum 9-storeis or 120-feet in total building height. This application proposes to construct two 53- feet tall buildings in Phases 1 and 2 each at 4-stories, and one 7 story building in Phase 3, all of which are allowable using the deep incentives for affordable housing. In conjunction with the master site plan approval, an affordable housing plan has been reviewed and approved by the Economic Development Department. Two code provisions (#2 & #3) must be met prior to final site plan approval for the execution of this affordable housing plan. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA, the proposed project is not subject to zone specific or overlay district standards. General land use standards and requirements 38.350 Yes Comments: No setback encroachments are proposed. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 18 of 26 Comments: NA, the proposed project is not subject to any supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 Yes Affordable housing plan Yes Comments: In conformance with Sec. 38.380.030.B, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested four deep incentives, as follows, with a minimum of 56% (96 units) of the project’s multi-household dwellings will be available for rent at 50%, 60% and 80% of average median income (AMI) for 30 years. 1) Sec. 38.380.030.B.3.c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the B-2M zoning district. 2) Sec. 38.380.030.B.3.f.2. Exemption from Section 38.510.030. E to J block frontage standards, provided that vehicle parking is prohibited between the front and side of a principal building and a public or private street. 3) Sec. 38.380.030.B.3.f.3. Exemption from Section 38.530.040.E. maximum façade width standards. 4) Sec. 38.380.030.B.3.f.4. Exemption from Section 38.530.040.F roofline modulation standards. In conjunction with the master site plan approval, an affordable housing plan has been reviewed and approved by the Economic Development Department. The approval memo has been attached to this staff report and the associated site plan staff report for Phases 1 and 2. Two code provisions (#2 & #3) must be met prior to final site plan approval for the execution of this affordable housing plan. 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 NA Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes 1. Comments: Adjacent streets exist to serve the site and no additional dedication is needed. The parking lot between Phases 1 and 2 will be accessed by an existing approach which is a right-in/right-out intersection due to the center median on N 7th Avenue. Phase 3 would be accessed from either N 7th Avenue or W Aspen Street, which will be determined at the time of site plan application for that phase. A traffic impact study was required by the Engineering Division and showed an estimated 1,348 total buildout gross vehicle trips could be generated by the proposed project daily. Additionally, the traffic impact study identified no pedestrian crosswalk at the intersection of N 7th Avenue and W Aspen Street, with the nearest protected crossing approximately 300-feet to the north at the intersection of N 7th Avenue and W Tamarack Street. As a condition of approval, the applicant must install a rectangular rapid-flashing beacon pedestrian crossing at the intersection of North 7th and Aspen Street prior to occupancy. The crossing must be approved by the Montana Department of Transportation (MDT) through their Systems Impact Action Process. If the MDT does not approve the pedestrian crossing, the applicant must provide documentation from the MDT as to why the crossing cannot be installed at North 7th and Aspen. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. N 7th Avenue is a Montana Department of Transportation controlled National Highway System Route. MDT may require a review process which could impact the proposed development layout. In the event MDT requires changes, a modification or resubmittal of the Master Site Plan will be required. Additionally, all work within the MDT right-of-way must meet MDT standards and specifications. A Waiver of Right to Protest Creation of Special Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 19 of 26 Improvement Districts (SID’s) for future transportation improvements is a required condition of approval ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Comments: Sidewalks currently exist along N 7th Avenue and W Aspen Street. The site plan application for Phases 1 and 2 proposes to expand portions of the sidewalk on N 7th Avenue in front of the development to between 6-feet and 11-feet wide. The Landscaped block frontage requires a minimum 6- feet wide sidewalk adjacent to arterial streets. All other sidewalks proposed within the development will be a minimum 5-feet wide with the majority closer to 7-feet in total width. Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage and striping Yes Comments: Three drive accesses are existing to all three parcels: one from N 7th Avenue between Phases 1 and 2 (center and southern parcels), one from N 7th Avenue for Phase 3 (northern parcel), and one shared access from W Aspen Street for Phase 3 (northern parcel). Engineering evaluated the drive accesses proposed for Phase 1 and 2 for spacing and design standards. Phase 3 access will be reviewed at the time of site plan approval for the northern parcel. Any required updates to the access approach for Phases 1 and 2 will be constructed during Phase 1 and the associated parking lot. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 Yes Comments: N 7th Avenue is classified as a Principal Arterial and W Aspen Street is classified as a Local Street. No new pedestrian easements are proposed with this project. As stated above, the applicant will be required to install a rectangular rapid-flashing beacon pedestrian crossing at the intersection of North 7th and Aspen Street prior to occupancy. Additionally, this project is a mixed-use development with higher density housing adjacent to an existing public transportation route along N 7th Avenue. Streamline bus service has an existing Blueline route stop located at the intersection of N 7th Avenue and Peach Street, approximately 275-feet south of the subject property. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: Requirements of BMC 38.410 such as lot and block standards were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots. Public streets and sidewalks surround the subject property providing adequate pedestrian connectivity. 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 Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 20 of 26 Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. The Engineering Department included a condition of approval stating prior to occupancy, the applicant must work with the Water and Sewer Department to install a sanitary sewer leak detection system for the portion of sewer in the tunnel under the Northgate Shopping Center. Code provision #5 requires the front setback utility easement must be ten feet wide and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front setback easements are not needed. Sheet 009-C3.1 Site Utility Plan shows the proposed buildings in Phases 1 and 2 will be provided electrical service along the eastern property line extending from a proposed electrical transformer located across the northern property line in Phase 3. This location is considered an off-site improvement for Phases 1 and 2. In order to approve the associated site plan for Phases 1 & 2, an easement for the electrical transformer location must be recorded on the phase 3 property and has been included as code provision #7. Cash-in-lieu of water rights (CILWR) is required prior to final plan approval for each phased site plan per code provision #4. The applicant is encouraged to explore using a non-municipal source (i.e. groundwater well) to supply irrigation demands. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. 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 Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance and landscaping for the facilities have been reviewed and conform to the City’s standards. Additional review of the associated landscaping plan can be found in Section 7e of this staff report and will be analyzed further in the individual staff report for the proposed Phases 1 and 2 site plan. 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 Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Comments: A total of 0.38 acres of equivalent cash donation in lieu of parklands (CILP) is required for this project. Developments are required to meet parkland requirements when the project proposes more than 8 dwelling units per acre but not in excess of 12 dwelling units per acre (BMC 38.420.020.A.1). This project is proposing 96 dwelling units over 1.03 net acres for a net density of 93.2 units per acre. Because of the cap on the parkland requirement, the CILP does not take into account the total net density and instead is based on the maximum 12 units per acre for an equivalent of 12.36 dwelling units. Within the B-2M zoning district the required dedication per dwelling is equivalent to 0.03 acres. Therefore, the calculation to determine the amount of parkland for this project is 12.36 x 0.03 acres for a total of 0.38 acres. Additionally, because the net density calculation is greater than 8 dwelling units per acre, the requirement for dedication must be met with cash donation-in-lieu per BMC 38.420.020.A.1.b. With 0.38 acres owed for CILP, at an appraisal land value of $2.65 per square foot, the applicant owes $42,710.05 to provide the necessary cash donation for their proportionate share of parklands contribution. Per code provision #5, CILP must be paid prior to final site plan approval for each phase. Park Frontage 38.420.060 NA Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 21 of 26 Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No parks are proposed with this application. Westlake public park exists to the east of the subject property approximately 400-feet down W Aspen Street and can be accessed from sidewalks along W Aspen Street and N 5th Avenue. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Landscaped Yes, with deep affordable housing incentives Departure criteria Yes Yes Comments: Multi-household buildings are subject to block frontage standards. The block frontage designation is Mixed along N 7th Avenue and Storefront along W Aspen Street. The block frontage standards will be reviewed and confirmed with the individual site plan applications for the applicable phase. The applicant is requesting to utilize the deep incentive BMC 38.380.030.B.3.f.2. Exemption from Section 38.510.030.J block frontage standards regarding special residential standards for ground-floor living spaces facing a sidewalk or internal pedestrian pathways with the Master Site Plan. With approval of the affordable housing plan, the proposed development would not be required to comply with these standards for any ground-floor residential units. 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 38.420.040 Yes Comments: Interior sidewalks are proposed along the perimeters and through parking areas that will allow for direct access to an open space area and trash enclosures. All interior frontages of buildings are proposed with pedestrian facilities that connect throughout the site and to the public sidewalk network. The applicant has requested a departure from the light and air setback required with the Phase 1 building from the northern property line with Phase 3. The criteria states a departure is allowed where it’s determined based on unique site context the proposed design will not create a compatibility problem in the near or long term. The applicant is proposing a 20-feet wide no build zone easement on the northern Phase 3 parcel to accommodate the required setback. The recording of this easement on the Phase 3 parcel is included as code provision #7 of the Master Site Plan. 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 Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems have been met. Pedestrian pathways are provided connecting the residential buildings and parking areas. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 22 of 26 On-site open space 38.520.060 Total required NA NA Total provided NA NA Comments: Required open space will be reviewed and confirmed with the individual site plan applications for the applicable phases. Since the amount of open space is determined by the proposed use of the site and the number proposed dwelling units or overall commercial space, it cannot be confirmed with the Master Site Plan. Location and design of service areas and mechanical equipment 38.520.070 Yes, with requested departure Comments: Solid waste will be collected in a shared trash enclosure in the middle of the proposed parking lot. The applicant has requested a departure to BMC 38.520.070.B.3 which requires service areas visible from sidewalks to be screened with structural and landscaping measures. Due to the site constraints of the infill lots and the desire to provide as much parking on-site as possible, the applicant is requesting a departure from providing the required 5-feet wide landscaping to screen the service enclosure. Instead, the applicant is proposing the use of painted art or graphics applied to the cladding on the west and east sides of the enclosure to provide visual interest to site users while maximizing the provided parking. 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, with deep affordable housing incentives Building details, materials, and blank wall treatments 38.530.050-070 NA Comments: In conformance with Sec. 38.380.030.B, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes and may apply certain incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses. The applicant has requested a total of four deep incentives described under the Affordable Housing Plan in previous sections of this staff report. Two of the requested incentives were discussed previously in Section 3 – Zoning Provisions and Section 7a – Block Frontage Standards. The other two incentives pertain to building design standards: 1) Sec. 38.380.030.B.3.f.3. Exemption from Section 38.530.040.E. maximum façade width standards. 2) Sec. 38.380.030.B.3.f.4. Exemption from Section 38.530.040.F roofline modulation standards. In conjunction with the master site plan approval, an affordable housing plan has been reviewed and approved by the Economic Development Department. Two code provisions (#2 & #3) must be met prior to final site plan approval for the execution of this affordable housing plan. Review for conformance with the building design standards will be included in the separate site plan applications for the applicable phases. The standards for maximum façade width under BMC 38.530.040.E. state that building facades wider than 150-feet must include features such as vertical building modulation, contrasting building materials, and/or articulation of the building walls. The apartment buildings proposed for Phases 1 and 2 are approximately 172-feet long, however with approval of the submitted affordable housing plan, the provisions for maximum façade width would not be required. Additionally, under BMC 38.530.040.F. the Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 23 of 26 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 NA Yes Parking requirements residential 38.540.050.A.6 0 required per Midtown Urban Renewal District Reductions residential 38.540.050.A.6.c NA Parking requirements nonresidential 38.540.050.A.6 NA Reductions nonresidential 38.540.050.A.6.c NA Provided off-street 22 spaces Provided on-street 6 on-street available Bicycle parking 38.540.050.A.6 96 required; 108 provided Yes Comments: The subject parcels are located within the Midtown Urban Renewal District in the B-2M zoning district. BMC 38.540.050.A.6.d states the minimum parking requirements do not apply within the Midtown Urban Renewal District. However, all other requirements of the section, including bicycle parking and standards where parking is provided, are applicable. The applicant is proposing to provide 22 parking spaces on-site between the buildings in Phases 1 and 2, and 6 spaces on-street located along N 7th Avenue. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020, including one proposed compact space. A total of 96 bicycle parking spaces are required for the residential units in Phases 1 and 2 according to the B-2M district standards. The applicant is proposing 8 bicycle parking spaces located outside at racks adjacent to each proposed building with inverted U racks and another 100 bicycle parking spaces provided indoors. Each proposed building will include a total of 50 indoor bicycle storage spaces, splitting the 100 bicycle parking spaces between Phases 1 and 2. Bicycle parking areas meet the length and width dimensions for each stall and utilize the adjacent sidewalk to meet circulation requirements. The proposed indoor bike parking spaces can be accessed from an exterior door or through the interior entry lounge and open recreational areas. 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: NA 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 Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The subject property is zoned B-2M, Community Business District – Mixed and the designation is considered a commercial zoning district. The surrounding adjacent properties are also zoned B-2M, however there are existing residential dwelling units located in the southeast corner of the Phase 2 southern standards for roofline modulation require pitched roofline segments or for flat roofs, the extension of a parapet or break up the roof to effectively reduce the overall scale of the building and add visual interest. As mentioned above, the applicant has requested an exemption from the roofline modulation standards with the submitted affordable housing plan. Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 24 of 26 parcel. Required landscaping provisions for adjacent residential uses will be reviewed during the applicable site plan application for each phase. Generally, the landscaping plan provided as part of the Master Site Plan application complies with all provisions of the UDC regarding landscaping because the project proposes to install 2 street trees along the N 7th Avenue street frontage and 3 trees within the adjacent parking lot area along with 591 square feet of landscape plantings. The proposed trees within the N 7th Avenue frontage include one Accolade Elm and one Princess Kay Plum, both deciduous tree varieties. The trees proposed within the required parking lot landscaping include 2 Harvest Gold Linden and 1 Accolade Elm, again all deciduous tree varieties. Additionally, the project proposes a mixture of container grown plant coverage, irrigated lawn and drylawn seed mix for a total landscaped vegetated area of 6,303 square feet between the Phase 1 and 2 site plan. The submitted landscaping plan will also be reviewed by Water Conservation for compliance with current standards during the site plan application for each phase. Any required landscaping conditions or code provisions will be included in the site plan staff report and are not provided within this Master Site Plan. Landscaping of public lands 38.550.070 Yes Comments: Landscaping will be provided along the N 7th Avenue right-of-way compliant with BMC 38.550.070. N 7th Avenue is a Montana Department of Transportation controlled National Highway System Route. MDT may require a review process which could impact the proposed development layout. In the event MDT requires changes, a modification or resubmittal of the Master Site Plan will be required. Additionally, all work within the MDT right-of-way must meet MDT standards and specifications. Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the adjacent property owner. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 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: Site lighting is proposed at the building entrances and along pedestrian paths surrounding the internal parking lot. Review for conformance with all lighting standards will be included in the separate site plan staff reports for the applicable phases. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. Five public comments were received during the initial public notice period. Based on the submitted comments, staff requested additional information from the applicant regarding the existing site survey with updated tree/vegetation information, a revision to the project narrative, and review of the Economic Development Staff Report on the submitted Affordable Housing Plan. With the submittal of this additional information, an additional public comment period was conducted, limited in scope to the additional information submitted by the applicant as detailed on page 1 of this report. At the close of the limited scope comment period, an additional five public comments were received. A number of the public comments Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 25 of 26 included topics which are not part of the Master Site Plan or Site Plan criteria. Staff has included responses to the public comment topics under the Community Development Department’s purview below: • Requirement for ground floor commercial in every phase: As mentioned in Section 5 of this staff report, the zoning on the subject parcels is B-2M Community Business District – Mixed. This district provides for a range of commercial uses and encourages the integration of multi-household residential. Non-residential uses are only required on the ground floor for properties adjacent to streets designated storefront block frontage. As discussed in Section 7a of this staff report, N 7th Avenue has a block frontage designation of Mixed and therefore the project is not required to provide ground floor commercial along the N 7th Avenue frontage. The northern parcel in Phase 3 will include frontage along W Aspen Street which is listed as a storefront block frontage. Requirements for ground floor non-residential uses will be reviewed during the future site plan application for any Phase 3 structure along W Aspen Street. • Existing mature trees on-site: Multiple public comments addressed concerns over the removal of mature existing trees on the three parcels. One comment indicated the submitted existing tree survey was not accurate according to the site plan submittal requirements in BMC 38.220.080. As mentioned above, this information was conveyed to the applicant and a revised existing tree survey was resubmitted in conformance with the requirements. Due to the additional information, a second public comment period with a limited scope occurred allowing for public comment on the resubmittal. Other comments identified the site plan review criteria in BMC 38.230.100.A.7 regarding conformance with Article 5 and BMC 38.410.010.B stating the design and development of all land uses must, to the extent possible, preserve the natural terrain, trees, and other existing vegetation. While these criteria reference existing vegetation, it includes the preservation OR replacement of natural vegetation. The applicant’s landscaping plan adequately replaces natural vegetation in conformance with the requirements in code. As identified in Section 1 of this staff report on the project conformance with the City’s Growth Policy, an action of the Bozeman Climate Plan is to facilitate compact development which reduce the distance people need to travel for work and services. This project attempts to work within the existing code provisions to combine affordable housing options in a desirable location near walkable city services while maintaining the existing vegetation to the greatest extent possible. The provisions of the Bozeman Unified Development Code do not state all existing vegetation must be maintain in its entirety. The City of Bozeman does not have a tree preservation ordinance requiring any private property owner within city limits to maintain or preserve existing vegetation during any type of project development. Additionally, applicants are not required to provide information on the health of existing vegetation from certified arborists during plan review. The provisions of BMC 38.550 Landscaping within Article 5 include requirements for any specific screening or required tree locations. Section 7.e. of this report identified general information on the Master Site Plan’s compliance with landscape provisions in code. The staff report and materials for application #24192 will include specific information regarding compliance with the landscaping provisions for Phases 1 and 2. Future site plan applications will also be evaluated against landscaping requirements at the time of submittal. Finally, many submitted comments requested the applicant to maintain 75% of the trees and vegetation existing on-site. No such standard exists in code. As stated previously, the existing code provisions do not provide a specific amount of vegetation or type of vegetation which applicants are required to maintain. • Difference between a deviation and departure: One submitted comment stated deviations and departures can be used interchangeably through the city code. Per the definition of deviation in BMC 38.700.050, these types of requests only pertain to projects within the Neighborhood Conservation Overlay District (NCOD). This is also referenced in BMC 38.250.050 Deviations. This proposed project is not located within the NCOD boundaries and therefore may not request deviations. Departures are defined in BMC 38.700.050 as provisions where applicants can propose Staff Report 7th & Aspen Master Site Plan Application No. 24191 October 30, 2024 Page 26 of 26 alternative means of compliance for a specific standard if they meet the intent of the standard. Additionally, departure opportunities are only available to those specific standards that allow for a departure listed within city code (BMC 38.250.060.C). Departures and deviations are not interchangeable requests and are reviewed through different criteria. • Site Plan review criteria – Conformance with Growth Policy: As mentioned in Section 1 of this staff report, projects are reviewed for consistency with the City’s adopted Growth Policy. The Bozeman Community Plan 2020 articulates goals and objectives that are sometimes in conflict. In reviewing a development application, the Community Development Division evaluates whether, on balance, a proposal satisfies the aims of the growth policy. Growth Policies are guiding documents for a community and are not regulatory standards for specific project development. Projects cannot be approved or denied based solely on non-conformance with an adopted growth policy. The standards throughout the entire BMC 38 Unified Development Code were adopted to implement goals and objectives of the adopted City’s growth policy. Conformance with these standards ensures consistency with the goals and polices within the growth policy itself. Detailed analysis of this Master Site Plan’s compliance with the City’s adopted regulations is found throughout this report. • Concerns over requested departures: Review of each requested departure was provided within the applicable sections of this staff report or will be addressed within the specific site plan application staff reports. As mentioned previously, departures are only available to those specific standards which allow for a departure within city code and where applicants proposed alternative meets the intent of the applicable standard. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot lines are proposed to be relocated. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any required easements have been included as application conditions or code provisions. Page | 1 To: Director of Community Development Fr: Brit Fontenot, Director of Economic Development Date: September 25, 2024 RE: Approval of Affordable Housing Plan for Project #24191 7th and Aspen Master Site Plan and Project #24192 7th and Aspen Site Plan Pursuant to Sec. 38.200.010.H, BMC, as the duly appointed Director of Economic Development, I am the review authority for an affordable housing plan submitted pursuant to 38.380.040. I hereby approve the attached Affordable Housing Plan for the 7th and Aspen Master Site Plan and Site Plan (the “Project”). If you determine the application is appropriate for approval, I request you include in your approval of 7th and Aspen Master Site Plan and Site Plan the following conditions: 1. BMC 38.380.040.E. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan immediately following conditional approval of the 7th and Aspen Master Site Plan and Site Plan. 2. BMC 38.380.060.D. 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 immediately following conditional approval of the 7th and Aspen Master Site Plan and Site Plan. The summary of the Affordable Housing plan and the restrictive covenant must be recorded prior to issuance of a building permit for the 7th and Aspen Master Site Plan and Site Plan. The proposal is utilizing the Deep Incentives allowed pursuant to BMC 38.380.030.B, which were created to incentivize the increased production of affordable housing to meet the goals of the adopted Bozeman Community Plan and the Community Housing Action Plan. Deep Incentives are available to projects for which the minimum percentage of homes meeting the criteria for affordability is 50 percent. Pursuant to 38.380.030, “Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer. Staff reviewed the Affordable Housing Plan for the 7th and Aspen Master Site Plan and Site Plan for compliance with every requirement of the Affordable Housing division of the code and found that it complies with all code requirements. Therefore, the requested incentives must be awarded. A compliant Affordable Housing Plan must include the following information. a. The total number of affordable homes, and market rate homes in the proposed development. • The 7th and Aspen Affordable Housing Plan includes 17 affordable units restricted at 50% AMI, 29 units at 60% AMI in Phase 1, and 50 units restricted at 80% AMI Page | 2 in Phase 2. Phases 1 and 2 of the project will provide 96 total units, while Phase 3 of the project will provide approximately 75 units, which means that at least 50 percent of the units in all 3 phases meet the affordability criteria for the use of the Deep Incentives pursuant to Table 38.380.020-1. b. The table in 38.380.020-1 to be applied to the affordable housing plan. • The 7th and Aspen Affordable Housing Plan references Table 38.380.020-1 – Affordable Homes Required for Deep Incentives. To be eligible for Deep Incentives, the requirements of Table 38.380.020-1, including providing at least 50 percent of the homes within the multi-household dwelling for sale or rent at percentages of AMI. This project meets the requirements because the development proposes at least 50 percent of the dwellings be priced at 80 percent of AMI or less, in accordance with requirements found in the table. c. The number of bedrooms in each proposed low-income affordable home, and market rate home in the development. • The 7th and Aspen Affordable Housing Plan stipulates that Phases 1 and 2 of the project will have 96 units, 100 percent of those units are proposed as affordable units. The proposed project meets the code requirement. With the inclusion of 75 market rate units in Phase 3, the overall project will need to meet requirements related to 38.380.040.2.b requiring that the “mix of bedrooms per unit in affordable homes must be as similar as possible to the mix of bedrooms per unit of the market- rate homes in the development.” d. Whether each affordable home will be offered for rental or for sale. • The 7th and Aspen Affordable Housing Plan provides that all affordable units will be offered for rent. e. The location of affordable lots or units in the development. • The 7th and Aspen Affordable Housing Plan provides an exhibit (7th & Aspen Mixed-Use Affordable Housing Action Plan) showing the locations of the 96 affordable units. f. The applicable AMI and maximum rental or sales price applicable to each low-income affordable home. • Because each of the affordable units will be offered for rent, the maximum rental price allowed is 80 percent of Area Median Income (AMI). The Department of Housing and Urban Development (HUD) is required by law to set income limits that determine eligibility for assisted housing programs. These income limits are set at certain percentages of an area’s median family income (MFI). MFIs are also often referred to as area median incomes (AMI). Page | 3 o The 7th and Aspen Affordable Housing Plan provides that 17 of the units will be offered at 50 percent of AMI. Given the current AMI, a one bedroom unit will be offered for rent for $986, a two bedroom will rent for $1,183 and a three bedroom will be offered at $1,368 per month. o The 7th and Aspen Affordable Housing Plan stipulates that 29 of the units will be offered at 60 percent AMI. A studio unit will be offered for rent for $1,105, a one bedroom will rent for $1,184, a two bedroom will rent for $1,420, and a three bedroom will be offered at $1,641 per month. o The 7th and Aspen Affordable Housing Plan stipulates that 50 of the units will be offered at 80 percent AMI. A one bedroom will be offered for rent for $1,684, a two bedroom will rent for $1,893 and a three bedroom will be offered at $2,103 per month. g. A description of the requested incentives from section 38.380.040. • The 7th and Aspen Affordable Housing Plan includes a description of the requested incentives from section 38.380.040. These incentives include an additional stories of height, block frontage standards, façade standards, and roofline modulation. h. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this division, as determined by the review authority. • The information provided with The 7th and Aspen Affordable Housing Plan satisfies the requirements of 38.380.040.A.1 and is adequate to evaluate the compliance of the affordable housing plan with the requirements of this division as explained by this staff report. i. If the development is to be constructed in phases. • All of the units meeting the affordability criteria are being provided in the first two phases of the development with market rate units only being offered in the third and final phase of the development. Pursuant to 38.380.040.A.i.(2), the Applicant must update the Affordable Housing Plan to reflect the market rate units in Phase 3. “As the number of low income affordable homes for each later phase is finalized, the developer must submit an update to the affordable housing plan including or updating the information required in this section. The review authority shall review and approve, approve with conditions, or deny the update using the criteria in this section.” BMC 38.380.040.A.2. requires that the Applicant meet the following development standards for affordable homes. a. The number of affordable homes must meet or exceed the minimum standards needed to qualify for the applicable incentive in section 38.380.030. • This application proposes to utilize Deep Incentives. Minimum standards for Deep Incentives are found in Table 38.380.020-1 and require that a project supply at least Page | 4 50 percent of the total homes as affordable homes at a price no greater than 80 percent of AMI for a duration of at least 30 years. The 7th and Aspen Affordable Housing Plan shows 96 units, or more than 50 percent of the project’s units, will be priced at or below a rent that is affordable for households making at or below 80 percent of the area median income. The duration of the affordability of the units will be satisfied by recording a deed restriction requiring the affordable units to remain affordable at rent of no greater than 80 percent AMI for a period of 30 years. b. The mix of bedrooms per unit in affordable homes must be as similar as possible to the mix of bedrooms per unit of the market-rate homes in the development. • The 7th and Aspen Affordable Housing Plan stipulates that the project will have 96 with 100 percent of those units proposed in Phase 1 and Phase 2 as affordable units. BMC 38.380.040.A.2.b. The proposal meets the requirement that the mix of bedrooms in the affordable homes is as similar as possible to the mix of bedrooms in the market-rate homes. Pursuant to 38.380.040.A.i.(2), the Applicant must update the Affordable Housing Plan to reflect the market rate units in Phase 3. “As the number of low income affordable homes for each later phase is finalized, the developer must submit an update to the affordable housing plan including or updating the information required in this section. The review authority shall review and approve, approve with conditions, or deny the update using the criteria in this section.” c. Access to shared amenities and services by residents of the affordable homes must be the same as to those in market rate homes in the development. • The proposal meets the requirement that all units have access to shared amenities. The Applicant must confirm continued compliance with this criterion with their updated Affordable Housing Plan for Phase 3. d. If the development is to be constructed in phases, and the developer has requested affordable housing incentives, at least 75 percent of the dwelling units in each phase must be affordable homes, unless the city has received adequate legal or financial assurance that any shortfall during earlier phases will be constructed before approval of the final phase of development. • 100 percent of the affordable housing units will be constructed in Phase 1 and Phase 2 of the project. The review authority has approved the Affordable Housing Plan for the 7th and Aspen Master Site Plan and Site Plan and finds that the plan includes all information required for the City to confirm compliance with the standards and criteria in BMC 38.380, including the standards in 38.380.030.B – Incentives Available. The Applicant requests the following incentives from BMC 38.380.030.B – Incentives Available: • One additional story of height (38.380.020 – 1.3.c) • Exemption from the following (38.38.020 – 1.3.f) ▪ Special residential block frontage standards along internal pathways (38.510.030.J) ▪ Maximum façade width standards (38.530.040.E) Page | 5 ▪ Roofline modulation (380.530.040.F) The Affordable Housing Plan has been incorporated by reference in the Site Plan documents.