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HomeMy WebLinkAbout25444 Staff Report FINAL Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 1 of 20 Application No. 25444 Type Site Plan Project Name Highlands SP Summary A Site Plan application to construct two multi-household residential buildings for a total of 149 units. The project is located in the northwest corner of the intersection of Remington Way and S 23rd Avenue, west of the intersection of Remington Way and S 19th Avenue. The site is located within the Aaker Phase 1 Subdivision, which is extending new city streets and utilities adjacent to the parcel. Both proposed buildings will be four stories in height, with Building A containing 80 units and Building B containing 69 units. The proposed development will also contain residential amenities such as a community club room, a playground, fenced spa and pool area, fitness room, fenced dog/pet area, and a theater/game room. The units are a mix of one-bedroom, two-bedroom, and three-bedroom units spread out between the proposed buildings. Additionally, the application includes associated design and infrastructure improvements pertaining to stormwater, vehicular and bicycle parking, landscaping, lighting, and pedestrian pathways. The project proposes to utilize the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type A Incentives, with 100% of the units to be deed-restricted at 60% AMI. The proposed incentive requested is for the minimum vehicle parking requirement of 1 space per dwelling unit per BMC 38.380.040.C.3.f. Without the affordable housing incentive, the proposed project would require 260 parking spaces. With the requested incentive, the applicant would be permitted to have only 149 parking spaces. However, the applicant is proposing 219 parking spaces mixed between off-street and on-street parking spaces. No additional incentives are proposed with the application. Zoning REMU Growth Policy Community Commercial Mixed Use Parcel Size 4.3 acres Overlay District(s) N/A Location Address TBD; parcels are located in the northwest corner of the intersection of Remington Way and S 23rd Avenue, approximately 0.23 miles west of the intersection of Remington Way and S 19th Avenue Legal Description Lot 1 and Lot 2, in Block 2, of the Aaker Phase 1 Subdivision in Section 14, Township 2 South, Range 5 East, located in P.M.M., City of Bozeman, Gallatin County, Montana Owner West University, LLC, 113 E Oak Street, Ste 4A, Bozeman, MT 59715 Applicant Graham Engineering LLC, 4591 Alexander Street, Bozeman, MT 59718 Representative Graham Engineering LLC, 4591 Alexander Street, Bozeman, MT 59718 Staff Planner Bailey Minnich Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 2/9/2026 – 3/3/2026 2/6/2026 2/6/2026 N/A Advisory Boards Board Date Recommendation Development Review Committee 2/3/2025 Adequate for further review with applicable conditions and code provisions. Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Developmen t or her designees Date: 3/9/202 6 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 25444 Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 2 of 20 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 comments 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 to construct two multi-household residential buildings for a total of 149 units. The project is located in the northwest corner of the intersection of Remington Way and S 23rd Avenue, west of the intersection of Remington Way and S 19th Avenue. The site is located within the Aaker Phase 1 Subdivision, which is extending new city streets and utilities adjacent to the parcel. Both proposed buildings will be four stories in height, with Building A containing 80 units and Building B containing 69 units. The proposed development will also contain residential amenities such as a community club room, a playground, a fenced spa and pool area, a fitness room, a fenced dog/pet area, and a theater/game room. The units are a mix of one-bedroom, two-bedroom, and three-bedroom units spread out between the proposed buildings. Additionally, the application includes associated design and infrastructure improvements pertaining to stormwater, vehicular and bicycle parking, landscaping, lighting, and pedestrian pathways. The project proposes to utilize the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type A Incentives, with 100% of the units to be deed-restricted at 60% AMI. The proposed incentive requested is for the minimum vehicle parking requirement of 1 space per dwelling unit per BMC 38.380.040.C.3.f. Without the affordable housing incentive, the proposed project would require 260 parking spaces. With the requested incentive, the applicant would be permitted to have only 149 parking spaces. However, the applicant is proposing 219 parking spaces mixed between off-street and on-street parking spaces. No additional incentives are proposed with the application. The site is zoned REMU, Residential Emphasis Mixed-Use Zoning District, and the proposed use is consistent with the allowable uses in the REMU zoning district. 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 finds that the proposed 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 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, 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 __11th___day of __March__, 2026, Erin George, Director of Community Development, or her designee, 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 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 DESIGNEE Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 3 of 20 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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. CODE PROVISIONS 1. BMC 38.380.030.D. Affordable Housing Plan Required. An approved affordable housing plan binds the applicant and the applicant's successors in interest to comply with the plan for the duration of the affordability period. The approved affordable housing plan must be incorporated into a recorded restrictive covenant, deed restriction, or other document (referred to as the compliance document) acceptable to the city attorney, which implements the affordable housing plan. The compliance document must be recorded in the records of the county clerk and recorder as follows: 2. For site plans, unless a compliance document was recorded with the subdivision, the compliance document must be recorded prior to the issuance of a building permit. The affordability period begins on the date of issuance of a certificate of occupancy. Please contact the City of Bozeman Affordable Housing Manager to complete this process. 2. BMC 38.410.060 – Required easements. All easements indicated below must be submitted to the City prior to final site plan approval. Easements must be filed with the County Clerk and Recorder's office. a. Prior to final site plan approval, the applicant must submit a signed hard copy of the 10-foot private utility easement. The easement must be provided on a city standard easement template with an exhibit. b. The applicant must release the existing shared access easement across lot 1 and lot 2 in block 2 and record a new shared access easement with an exhibit with the County Clerk and Recorder's office. The applicant must provide a copy of the new recorded shared access easement and exhibit to the City prior to final site plan approval. 3. BMC 38.410.130. Water Rights. The applicant must provide the CILWR fee payment and the receipt to the Review Engineer to demonstrate compliance with water adequacy provisions prior to final site plan approval. 4. BMC 38.560.020. Sign Permit Requirements. A sign permit is required prior to the installation of any signs on the subject site. Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 4 of 20 Figure 1: Current Zoning Map Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 5 of 20 Figure 2: Growth Policy Designation Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 6 of 20 Figure 3: Overall Site Plan Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 7 of 20 Figure 4: Site Plan – West Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 8 of 20 Figure 5: Site Plan – East Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 9 of 20 Figure 6: Overall Landscaping Plan Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 10 of 20 Figure 7: Building A Elevations Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 11 of 20 Figure 8: Building B Elevations Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 12 of 20 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 REMU, Residential Emphasis Mixed-Use Zoning District Yes Comments: The Bozeman Community Plan 2025, on pages 69 and 73, discusses how zoning regulations are made in accordance with a growth policy. Zoning is the primary implementation tool for the land use plan and sets standards to be followed during development. Zoning sets the character of an area by applying use and development standards, and addresses public safety, public welfare, and compatibility between uses. 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. Applicants are entitled to approval when the application conforms to adopted standards. REMU is an implementing district of the 2025 Community Plan designation of Community Commercial Mixed Use and is supported by the following goals: - Goal N-1.1: Promote housing diversity, including missing middle housing. Staff Comment: This project proposes a total of 149 residential dwelling units within two apartment buildings, with 100% of the units restricted to households earning 60% Area Median Income (AMI) in accordance with the submitted Affordable Housing Plan. The number of proposed units, including those restricted within the Affordable Housing Plan, will provide diversity in the housing types available within the City of Bozeman. - Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. Staff Comment: The subject property is located in an area of higher density zoning districts along S 19th Avenue. It is surrounded by R-4 and R-3 zoning to the east, and REMU and B-2 to the south. S 19th Avenue is classified as a Principal Arterial, anticipating higher levels of density and services, with Remington Way classified as a Local Street. The location of the proposed site, adjacent to existing developments, creates a predictable increase in density by establishing a transition between commercial areas and higher density developments. - Goal DCD-1: Support urban development within the City. Staff Comment: This project is the development of two apartment buildings providing higher-density residential units with 100% of the units proposed for affordable housing for residents earning 60% of the Area Median Income (AMI). The proposed site is located off Remington Way, connecting to S 19th Avenue. S 19th Avenue is designated as a Principal Arterial classification and is anticipated to have higher levels of density and city services. The proposed development is located in a recently approved subdivision with an approved Master Site Plan (MSP). The Aaker MSP proposed the construction of multiple buildings, including a minimum of 490 residential dwelling units, over 20,000 square feet of commercial use, and the establishment of a public park. 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, Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 13 of 20 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. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Staff Comment: As described through the above goals and strategies, the proposed project conforms to the Bozeman Community Plan 2025 designation of Community Commercial Mixed Use by providing urban density homes within city limits in proximity to streets anticipated for higher levels of development and promoting housing diversity through the associated Affordable Housing Plan. The apartment use as denoted within the site plan submittal is allowed within the REMU zoning district, and the project conforms to the requirements of the REMU 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 N/A Comments: The proposed project does not include any condominium units. If condominiums are proposed in the future, they would be reviewed through a separate process after approval of the current site plan application. 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 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. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None N/A 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: 0 N/A Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 14 of 20 Comments: The application meets all site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions, which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The site plan is not proposed to be completed as a phased project. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments/apartment building Yes Form and intensity standards 38.320.040 Zoning: REMU Setbacks Structures Parking / Loading Yes Front 10-feet minimum - 15-feet maximum; Block Frontage – Mixed/Landscaped N/A Rear 10-feet N/A Side 5-feet N/A Rear adjacent to Alley 6-feet N/A Comments: Apartments and apartment buildings are permitted uses within the REMU zoning district. The proposed structures will comply with all REMU zoning district setbacks. Both buildings are proposed to be no closer than 10 feet and no more than 15 feet from the property line along all street frontages. A 10-foot-wide utility easement is located along all street frontages. The private residential patios and shared outdoor patios are proposed to be located adjacent to the utility easement, but not encroach into the easements. Additionally, the private patios will be covered, however, no portion of the roofs or eaves are proposed to extend into the adjacent utility easements. All side and rear setbacks are met with the proposed buildings. The proposed site plan is subject to applicable block frontage standards. The block frontage designation along all surrounding streets is Mixed per the approved Master Site Plan #22381 for the Aaker Subdivision. BMC 38.510.030.D.2 requires the applicant to choose either Storefront or Landscaped block frontage standards for conformance. The applicant has chosen to comply with the Landscaped block frontage standards along all surrounding street frontages. The Landscaped block frontage standards require a minimum front setback building placement of 10 feet. The proposed buildings will comply with the required Landscaped block frontage setback and the REMU zoning district setbacks. Lot coverage 25% Allowed 75% Yes Building height 4-stories Allowed 5-stories Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The REMU zoning district permits a maximum building height of 5 stories, however, both proposed buildings will be a maximum of 4 stories. The proposed 4-story buildings will be a maximum of 52 feet, 10.75 inches to the peak of each roof. Therefore, all proposed buildings are compliant with the maximum building height. Maximum lot coverage is listed as 75% for the REMU zoning district. The proposed development would have a building lot coverage of approximately 25%. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The project is not located within an overlay district. BMC 38.330.020 includes specific standards for development within the REMU district. Some of the required minimum standards were completed at the time of subdivision review for the Aaker Subdivision, such as street and circulation standards. The submitted site plan Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 15 of 20 application complies with the remaining standards as identified further in this staff report through general site planning, open space, and building standards. General land use standards and requirements 38.350 Yes Comments: The proposed buildings appear to comply with all requirements of BMC 38.350. Applicable supplemental use criteria 38.360 N/A Supplemental uses/type Comments: There are no supplemental use criteria applicable to this project. Wireless facilities 38.370 N/A Affordable Housing 38.380 Yes Affordable housing plan 38.380.030 Yes, with code provisions Comments: In conformance with Sec. 38.380.030, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 and may apply certain incentives to all primary buildings in the development. The applicant has requested 100% of the units to be deed-restricted at 60% AMI. The proposed incentive requested is for the minimum vehicle parking requirement of 1 space per dwelling unit per BMC 38.380.040.C.3.f. Without the affordable housing incentive, the proposed project would require 260 parking spaces. With the requested incentive, the applicant would be permitted to have 149 parking spaces. However, the applicant proposes 219 parking spaces split between off-street and on-street parking spaces. No additional incentives are proposed with the application. In conjunction with the site plan approval, an affordable housing plan has been reviewed by the Economic Development Department. Code provision #1 must be met prior to issuance of a building permit 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 N/A Access easements Yes, with code provision Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: The City Engineering Department previously reviewed and accepted a Traffic Impact Study (TIS), prepared by a professional engineer, for the Aaker Phase 1 Subdivision. The proposed development was included in the previous Aaker Phase 1 Subdivision TIS within the last 5 years, which is identified as criteria to not require a TIS in the City of Bozeman Design and Construction Standards dated October 2024. The Aaker Phase 1 Subdivision Traffic Impact Study was completed in 2023 and anticipated 250 units. The Highlands project is proposing 149 units and will generate fewer trips than assumed by the subdivision traffic impact study. The proposed project is located on the undeveloped Lots 1 and 2 of Block 2 of the Aaker Phase 1 Subdivision, at the northwest corner of South 23rd Avenue and Remington Way. The applicant must provide a new shared access easement to reflect the proposed site layout prior to final approval of this Site Plan per code provision #2. The site will be accessed via existing streets, and no additional dedication is needed. Access to the site is from South 19th Avenue (arterial) via West Kagy Boulevard (arterial), South 25th Avenue (local), South 23rd Avenue (local), or Remington Way (local). Sidewalks 38.400.080 Yes Comments: Meets code. Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage, and striping Yes Comments: Access to the site is from South 19th Avenue via West Kagy Boulevard, South 25th Avenue, South 23rd Avenue, or Remington Way. Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 16 of 20 Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There is no public transportation available near the subject property. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: This code provision is not applicable to the Site Plan application as the lot is less than 10 net acres in size. Lot and block standards 38.410.030-040 Yes, with code provision Midblock crossing: rights of way for pedestrians-alternative block delineation N/A Comments: The approved plat for the Aaker Phase 1 Subdivision required the creation of a 26-foot-wide shared access easement to be located between Lot 1 and Lot 2, providing an internal drive access to the development. The existing shared access easement will need to be released, and a new shared access easement must be recorded prior to final approval of this Site Plan per code provision #2 to reflect the proposed site layout. This shared access mitigates the overall block length of the subdivision. 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 proposed development is adjacent to a new City Park dedicated through the Aaker Phase 1 Subdivision. This park will be maintained by the City of Bozeman. The newly constructed S 25th Avenue is located between the parkland and the proposed development. No impacts to the park or public access are anticipated. 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 rights (CILWR) Yes, with code provision Comments: Applicable cash in lieu of water rights was determined formally by the Engineering Division and must be paid to the City of Bozeman prior to final approval of this Site Plan per code provision #3. 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: Runoff is proposed to be managed on-site through collection and storage consistent with the City of Bozeman Design and Construction Standards (DCS) for minor and major storm events. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A Comments: There are no watercourses located on the subject property. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 17 of 20 Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: All required parkland dedication was provided with the approved Aaker Phase 1 Subdivision. No further parkland dedication or cash-in-lieu is required with the site plan application. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: The site is surrounded by public sidewalks. No additional pathways are required by the proposed development. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Landscaped Yes Departure criteria N/A Comments: Multi-household apartment buildings are subject to block frontage standards. The block frontage designation along all surrounding streets is Mixed per the approved Master Site Plan #22381 for the Aaker Subdivision. BMC 38.510.030.D.2 requires the applicant to choose either Storefront or Landscaped block frontage standards for conformance. The applicant has chosen to comply with the Landscaped block frontage standards along all surrounding street frontages. The proposed buildings comply with all Landscaped standards, including building entrances, façade transparency, weather protection, sidewalk widths, and parking locations. The Landscaped block frontage standards require a minimum of 15% transparency on all street frontages for residential buildings. The submitted elevations identify both proposed buildings will contain between 15%-16% transparency, meeting the minimum required. Weather protection is also proposed above all residential entrances, in conformance with the block frontage standards. Landscaping is proposed between the adjacent streets and both buildings, with additional private patios provided for all ground-level residential units. BMC 38.510.030.J requires residences with ground-floor living spaces facing a sidewalk or pedestrian path to include at least one public/private space transition element to comply with the special residential block frontage standards. The proposed development provides a 10-foot setback between the adjacent sidewalk along all street frontages and the private patios, as well as landscaping meeting the requirements of the City’s landscaping provisions under BMC 38.550. 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: The subject property is zoned REMU, Residential Emphasis Mixed Use District, permitting the proposed use of Apartments. The proposed development comprises two 4-story apartment buildings located on lots created through the recently approved Aaker Phase 1 Subdivision. No impacts to the surrounding community are anticipated with the proposed development. The approved subdivision provided a functional transportation and pedestrian grid through the extension of City streets and sidewalks along all sides of the subject property. No balconies are proposed for the residential units. The proposed buildings provide pedestrian connections to sidewalks, both within the Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 18 of 20 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes, with Affordable Housing Plan Parking requirements residential 38.540.050.A.1 149 required per Affordable Housing Plan Reductions residential 38.540.050.A.1.b.1 1 parking space per unit development and along all street frontages, connecting the residential units with the parking area, common open space, and adjacent parkland dedicated with the approved subdivision. 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 Yes Comments: Requirements of BMC 38.520, such as the design of vehicular circulation systems, have been met. Primary access to the site is provided from Remington Way, S 23rd Avenue, and S 25th Avenue. Sidewalks and street trees are proposed along all new street frontages, compliant with City standards. Pedestrian pathways are provided connecting the residences to adjacent parking areas and common open spaces. On-site open space 38.520.060 Total required 20,450 sf Yes Total provided 20,530 sf Yes Comments: Multi-household developments must provide a minimum usable open space equal to 100 square feet per dwelling unit for studio and one-bedroom units, and 150 square feet per dwelling unit for two or more-bedroom units. Based on the number and type of proposed units in the submitted application, the proposed development must provide a minimum of 20,450 square feet of on-site open space. For multi-household developments, 100% of the required open space may be in the form of shared open space available to all residents, such as courtyards, play areas, and gardens. Up to 50% of the required open space may be in the form of common indoor recreation areas. The development proposes a mixture of shared outdoor patio space, outdoor recreation space with playground, a fenced dog park, an indoor fitness room, an indoor shared community room, and multiple outdoor open space areas to meet the requirements. The overall combined on-site open space provided by the development is 20,530 square feet, which exceeds the minimum open space requirements. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Electrical utility meters are proposed on the exterior of each building on the ground level and will be sufficiently screened per the submitted landscape plan as required by BMC 38.520.070.D. Solid waste will be collected in trash enclosures located adjacent to each parking lot. The trash enclosures will be covered and include landscape screening per BMC 38.520.070.C.2. 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 project site is not located within the Neighborhood Conservation Overlay District, requiring compliance with BMC 38.530.030.B. The proposed buildings are compliant with the building design standards of this section, including articulation and proposed materials. Residential buildings must include at least three façade articulation features every 30 feet. The proposed buildings will utilize the use of windows, entries, changes in building materials, and vertical building modulations for compliance with the residential façade articulation standards. Primary building materials include lap siding in multiple colors, board and batten siding in multiple colors, and Hardie panels. The proposed buildings include building facades greater than 150 feet in width and provide vertical building modulations at least 6 feet deep and 10 feet wide in compliance with BMC 38.530.040.E. The buildings do not include any areas meeting the definition of blank wall under BMC 38.530.070. Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 19 of 20 Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2 N/A Provided off-street 185 spaces Provided on-street 34 spaces Bicycle parking 38.540.050.A.4 26 required; 28 provided Yes Comments: In conformance with Sec. 38.380.030, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 and may apply certain incentives to all primary buildings in the development. The applicant has requested 100% of the units to be deed-restricted at 60% AMI. The proposed incentive requested is for the minimum vehicle parking requirement of 1 space per dwelling unit per BMC 38.380.040.C.3.f. Without the affordable housing incentive, the proposed project would require 260 parking spaces. With the requested incentive, the applicant would be required to have a minimum of 149 parking spaces. However, the applicant proposes 219 parking spaces split between off-street and on-street parking spaces. The development must provide bicycle parking spaces which equal at least 10% of the number of required vehicle spaces before any modifications. Based on the number of vehicle parking spaces required before the Affordable Housing Plan incentives, the proposed development is required to provide a minimum of 26 bicycle parking spaces. The applicant is proposing to install 28 bicycle spaces, exceeding the minimum requirement, with the total equally split between the two buildings. The proposed bike racks will be U-style and located adjacent to the building entrances near the shared outdoor open spaces. All proposed bicycle parking areas meet the length and width dimensions for each stall and utilize the adjacent sidewalks to meet circulation requirements. The proposed vehicle parking and bicycle parking spaces to serve this site are in conformance with the standards of BMC 38.540, with the submitted Affordable Housing Plan. Loading and unloading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: The proposed development has no proposed off-street loading berths. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Parking lot landscaping Yes Additional screening N/A Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas N/A Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The submitted application includes a landscaping plan in compliance with BMC 38.550. Parking lot landscaping is proposed within all parking lot areas adjacent to the proposed buildings. The landscaping plan delineates a total of 22 trees and 5,005 square feet of landscaped beds throughout all proposed parking lots. Additionally, the subject property is located adjacent to multiple street frontages requiring street frontage landscaping. The applicant is proposing a total of 26 street trees, with 14 trees proposed along Remington Way, 6 trees along S 23rd Avenue, and 6 trees along S 25th Avenue. Proposed tree species and locations along the street frontages have been reviewed by the City’s Forestry Department. The submitted landscaping plan was reviewed by the Water Conservation Division for conformance with the Bozeman Landscape and Irrigation Performance and Design Manual. The landscaping plans provided conform to the required landscaping standards. Landscaping of public lands 38.550.070 Yes Comments: Street trees will be provided along all adjacent street rights-of-way, compliant with BMC 38.550.070. Proposed street tree varieties and locations have been reviewed by the City of Bozeman Forestry Division. Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the adjacent property owner. Staff Report Highlands SP Application No. 25444 March 9, 2026 Page 20 of 20 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is approved with this application. Sign permits must first be obtained prior to the installation of any proposed signs per code provision #4. 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 all building entrances and adjacent to the building. All lighting conforms to cutoff and intensity standards. Footcandles do not exceed maximums at the property lines for both adjacent residential properties and public rights-of-way. The proposed illuminance for each building entrance averages 5.0 maintained footcandles. The proposed lighting includes exterior wall packs and surface-mounted puck lights, both with full cutoffs, and downward-directed parking lot lighting. All proposed street lighting will be constructed to the City of Bozeman standards and reviewed with the infrastructure plan. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: There are no floodplains or wetlands on the subject property. 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. No public comments were received during the public notice period. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements N/A Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and the Water/Sewer Division. Any required easements have been included as application conditions or code provisions.