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HomeMy WebLinkAbout26289_Initial Project ReportProject Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 1 of 23 Article 1 – Project Summary Application No. 26289 Type Site Plan Project Name 1825 W Kagy SP Summary An application requesting to develop a property with a 162-unit multi-unit dwelling. The structure would provide 59 one-bedroom units, 59 two-bedroom units, and 44 three-bedroom units. The project proposes that 100% of the units will be affordable housing and are requesting to utilize Type-C incentives of reduced parking and reduced bike parking standards (described in Article 4 Section 4.b.5 of this report). Associated improvements include lighting, landscaping, open space, parking, and stormwater facilities. Zoning R-D Growth Policy Residential Mixed Use Parcel Size 3.36 acres (146,406 sqft) Overlay District(s) None Street Address 1825 West Kagy Boulevard Legal Description Lot 7 of Remington Addition (Plat I-20) located in the Northwest Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana Owner 1825 W Kagy, LLC, 4450 Excelsior Blvd, Suite 400, Saint Louis Park, MN 54416 Applicant TD&H Engineering, 234 E Babcock St Suite 3, Bozeman, MT 59715 Representative Same as Applicant Concept Review File 26116 Noticing Public Comment Period Site Posted Date Required Mail Mailed 10/26/2026- 11/18/2026 10/23/2026 none N/A Initial Determination Review Authority Date Determinations City of Bozeman, Director of Community Development 10/6/2026 The application contains all information and materials necessary to complete the review of the application as set forth Chapter 38, Bozeman Municipal Code, and Title 76, Chapter 25, Montana Code Annotated. City of Bozeman, Director of Community Development 10/23/2026 The application is in substantial compliance with all applicable regulations and the zoning map. All impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 2 of 23 subdivision and zoning regulation, or zoning map Full application/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 26289 Article 2 – Conditions and Code Provisions 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. (Staff Report Section 4.b.3.) CODE PROVISIONS 1. BMC 38.310.010 – Agricultural Water User Facilities. Alterations, or encroachments to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Written documentation of the approval must be provided for the alterations, or encroachments of the agricultural water user facilities prior to final plan approval. (Staff Report Article 4, Section 4.b.1) 2. BMC 38.400.050, 38.400.060.B.3 & BMC 38.780.070. The Transportation Master Plan identifies Kagy Boulevard from South 19th Avenue to South 3rd Avenue as a recommended Major Street Network project. Additionally, the Traffic Impact Study for this project identifies improvements are necessary at the intersection of West Kagy Boulevard and the Hawk's Ridge private driveway to meet the minimum level of service standard of D at the 5-year design year. The Kagy Boulevard reconstruction project is on the City Capital Improvement Plan within the next three years. Prior to final plan approval, the proposed development must pay the proportionate share of cash-in-lieu of infrastructure towards the Kagy Boulevard reconstruction project. (Staff Report Article 4, Section 5.a) 3. BMC 38.410.060 – Easements. Prior to final plan approval, the applicant must provide a recorded copy of a mutual access easement which allows the proposed development to access Kagy Boulevard via the private drive to the east. (Staff Report Article 4, Section 5.a) 4. BMC 38.410.060.B – Utility Easements. Prior to final plan approval, all proposed private utility easements for dry utilities shown on the site plan must be dedicated via an amended plat, or recorded via a separate document with an exhibit. (Staff Report Article 4, Section 5.b) 5. BMC 38.410.110 – Water Adequacy. The project's estimated annual municipal demand is 20.91 acre- feet. A credit volume of 0.08 acre-feet has been applied based on the historic metered demand from the properties, reducing the development's demand to 20.83 acre-feet, which must be offset prior to site plan approval. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $124,953. Payment must be made prior to the final plan approval. (Staff Report Article 4, Section 5.b) 6. BMC 38.420.030. Cash in lieu of parkland (CILP) must be paid prior to final plan approval based on current CILP appraisal rate. Final CILP value confirmed at time of site plan approval. (Staff Report Article 4, Section 5.c) Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 3 of 23 7. BMC 38.210.050 – R-D zoning requirements. The applicant must receive application approval for a subdivision which aggregates the two lots on site prior to final plan approval. (Staff Report Article 4, Section 8) 8. BMC 38.340.030.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 of at least 50 years. 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. …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. (Staff Report Article 4, Section 4.b.5.) ADVISORY COMMENTS 1. The Montana Department of Transportation (MDT) Kagy Boulevard reconstruction project is anticipated to begin construction in the spring of 2027. The contractor for the 1825 W Kagy project will need to coordinate with MDT and their design-build contractor on final grading and any encroachments or use of temporary construction permit easements associated with the Kagy reconstruction project. Access to the site will need to be coordinated with MDT and their design-build contractor. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 4 of 23 Article 3 – Figures Figure 1: Current Zoning Map Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 5 of 23 Figure 2: Site Plan Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 6 of 23 Figure 3: Building Elevations Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 7 of 23 Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 8 of 23 Figure 4: Lighting Plan Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 9 of 23 Plan Review determination and record 38.750.090, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development Review Committee reviewed the application against the following standards. The applicable review authority for subdivisions is the Director of Community Development in their role as planning administrator. Each City Division listed here under is a member of the Development Review Committee (DRC). This Committee reviews development applications for all criteria relevant to their respective division. Each division is assigned a 2 to 4 letter code, shown to the left of the division name. Throughout the staff report, these codes will indicate which division led the review of the given criterion. Please note that while an one or a couple divisions may lead review of a given criterion, the entire DRC plays a role in each determination. DRC Development Review Committee PZ Planning and Zoning ENG Engineering/Transportation/Utilities PARK Parks and Recreation CH Community Housing WTR Water Adequacy FIRE Fire BLD Building WC Water Conservation FOR Forestry Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 10 of 23 Article 4 Findings PLAN REVIEW DETERMINATION AND RECORD 38.740.090.B, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development The City of Bozeman adopted the Bozeman Community Plan (the Future Land Use Plan) including the Future Land Use Map on October 28th, 2025, by Resolution Number 2025-71. The Bozeman Community Plan was made available for public review and comment prior to adoption and identified and analyzed impacts of development. Notice was provided that the Bozeman Community Plan is the basis for implementing land use regulations as required in 76-25-106, MCA. Issue plans including but not limited to the Transportation Master Plan, the Parks, Recreation, and Active Transportation Plan, the Sewer Facility Plan, Water Facility Plan, Stormwater Facility Plan, and Fire Protection Master Plan were all considered and incorporated by reference in adoption of the Bozeman Community Plan. The Unified Development Code, contained in Chapter 38 of the Municipal Code, is the primary implementing regulation for the Bozeman Community Plan and was adopted on December 16, 2025 through Ordinance 2025-12/2151. The Bozeman Community Plan and supporting issue plans were utilized in consideration and adoption of the Unified Development Code. The City Commission found that the Unified Development Code was in substantial compliance with the Bozeman Community Plan. The Unified Development Code provides specific zoning and subdivision regulations as well as the zoning designation which determined the allowable criteria for review of the site plan for development of the subject property. During adoption of the Unified Development Code, issue plans and the Bozeman Community Plan were utilized to anticipate impacts of potential development. As such, city wide impacts resulting from the proposed development were previously analyzed and made available for public review and comment during the adoption of the land use plan including all issue plans, and adoption of zoning regulations, subdivision regulations, and all subsequent amendments to the identified documents. Zoning designations throughout the city were implemented to ensure that individual impacts to a given site from a proposed development will fit into the framework of the previously considered city wide impacts. Site Plan review ensures that site-specific impacts have been addressed with the materials submitted with this application and are available for public review. Any development which conforms with the standards of Montana Code Annotated and Bozeman Municipal Code has addressed all site-specific impacts. The following report reviews the subject application for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 11 of 23 1. Conformance with Article 2, including the cessation of any current violations (38.200.160) 1. Cessation of any current violations (38.200.160) Meets Code? Current Violations None PZ Yes Comments: There are no current violations on the property. 2. Conformance with all other applicable laws, ordinances and regulations 2. Conformance with all other applicable laws, ordinances and regulations Meets Code? Submittal requirements 38.710.070 PZ/ENG Yes Phasing of development 38.230.020.B None Yes Comments: This Site Plan has no associated phasing. Concurrent Construction Proposed ENG Yes Comments: The applicant has applied for on-site concurrent construction for the required fire hydrants and shared use path along South 19th Avenue. 3. Conformance with Zoning District Standards Article 2 3.a. Lot Standards (38.210-.260) 3.a.1. Lot Size PZ Meets Code? Minimum Width Required: 15 feet N/A Provided: N/A Comments: There are no changes proposed to the lot shape associated with this Site Plan application. 3.a.2. Density PZ Meets Code? Dwelling Units per Acre: du/a Required 14 du/a Yes Provided 48 du/a Comments: There are 162 new multi dwelling units proposed to be constructed with this Site Plan. Minimum density required in the R-D zone is met. 3.a.3. Coverage: PZ Meets Code? Building coverage Allowed 100% Yes Provided 26% Amenity/Open Space Required 21,350 square feet Yes Provided 21,372 square feet Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 12 of 23 Comments: The site is in compliance with minimum standards for building coverage and onsite amenity space. Amenity Space is provided through a combination of common outdoor space, public outdoor space, common indoor space and private outdoor space. Common outdoor space along the northern elevation of the building through a combination of plaza space and shared areas of green space. There are individual areas of private outdoor space provided at individual unit entrances along the western and eastern building façade. Common indoor space is provided through a community room and fitness center. Public outdoor space is provided through a plaza. 3.a.4. Streetscape PZ/ENG Meets Code? Sidewalk Width 6’ Yes Boulevard Width 6’ Yes Type Landscape Yes Tree spacing 25-30’ average on center Yes Comments: The site complies with minimum standards for streetscapes within the R-D zone. 3.a.5. Setbacks PZ Meets Code? Setbacks (feet) Minimum Maximum Provided Yes Primary Street 10-feet 15-feet 12-15 feet Side Street 10-feet 15-feet N/A Street Facing Garage 20-feet N/A N/A Side 5-feet 5-feet 5 feet Rear 10-feet N/A approx. 100 feet Alley 5-feet N/A N/A Comments: The existing structures comply with minimum setback requirements of the R-D zone. 3.a.6. Transitions PZ Meets Code? Subject Lot Zoning R-D N/A Abutting Lot Zoning R-C Type N/A Comments: The lot is residentially zoned and set adjacent to residentially zoned lots to the north and the east. The property is bound by rights-of-way along the south and west property lines and is not subject to transitions across rights-of-way per 38.260.080.A.3.f. No transitions apply to this application. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 13 of 23 3.a.7. Frontage- Build to PZ Meets Code? Primary Street Required 80% Yes Provided 100% Side Street Required 40% Yes Provided 60% Comments: The R-D meets minimum frontage requirements. 3.a.8. Parking Location PZ Meets Code? Parking between building and street Not allowed Yes Setbacks (feet) Minimum Provided Primary Street 10-feet Set behind the building Side Street 10-feet Set behind the building Street Facing Garage 20-feet N/A Side 5-feet 5-feet Rear 0-feet 7-feet Alley 5-feet N/A Comments: All proposed parking spaces comply with minimum parking location standards of the R-D zone. 3.b. Building Standards (38.210-.260) 3.b.1. Vertical Massing PZ Meets Code? Building Height Allowed 60 feet Yes Provided 52 feet Wall Plate Height Allowed N/A N/A Provided N/A Comments: The structure complies with vertical massing standards of the R-D zone. 3.b.2. Horizontal Massing PZ Meets Code? Dwelling units per building Allowed No maximum Yes Provided 162 Building width- primary street Allowed 250 feet Yes Provided 249 feet – 10 inches Building width- side street Allowed 250 feet Yes Provided 165 feet – 4 inches Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 14 of 23 Comments: The structure complies with horizontal massing standards of the R-D zone. The portion of building along Kagy Avenue complies with the building width standard by providing a building break as open space per BMC Section 38.260.110.B.3.b. 3.b.3. Activation PZ Meets Code? Residential Active depth Required 9 feet Yes Provided 9 feet Non-residential Active depth Required N/A N/A Provided N/A Comments: The structure complies with activation standards of the R-D zone. 3.b.4. Floor Height PZ Meets Code? Residential Ground Story Height Required 9 feet Yes Provided 10 feet - 7 and 7/8 inches Non-residential Ground Story Height Required 9 feet Yes Provided N/A Ground Floor Elevation Required -2 feet to +5 feet Yes Provided 0 feet Comments: The structure complies with floor height standards of the R-D zone. 3.b.5. Windows PZ Meets Code? Windows Primary Street Provided Side Street Provided Yes Residential Ground Floor minimum 30% 31% 30% 31% Non-residential Ground Floor minimum N/A N/A N/A N/A Upper Story minimum 15% 27% 15% 27% Blank Wall maximum 10 feet N/A 20 feet N/A N/A Comments: The structure complies with window standards of the R-D zone. 3.b.6. Entrances PZ Meets Code? Maximum Street Facing entry spacing Primary Street Provided Side Street Provided Yes Residential 40 feet yes 60 feet yes Non-residential N/A N/A N/A N/A Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 15 of 23 Entry Feature Required no Required no Yes Entry Feature Type: Porch/Covered Entry/Recessed Entry Type Provided Type Provided N/A Covered entry/porch Covered entry/porch Comments: The structure complies with entrance standards of the R-D zone. 3.c. Neighborhood Conservation Overlay District (NCOD) Meets Code? Neighborhood/Commercial Certificate of Approval N/A Neighborhood (NCOA) required? no PZ N/A Commercial (CCOA) required? no N/A Demolition of historic Structure no N/A Demolition of non-historic structure no N/A Comments: This site is not within the Neighborhood Conservation Overlay District. No NCOD standards are applicable to this proposal. 4. Conformance with Land Use Standards of Article 3 4.a. Allowed Uses (38.300) 4.a.1. Allowed Use Meets Code? Proposed Use(s) Multi-unit dwelling PZ Yes Comments: The proposed use complies with allowed uses of the R-D zoning district. No specific Use Standards are applicable to this application. 4.b. General Use Standards 4.b.1. Agricultural Water User Facilities (38.310.010.) Meets Code? Ag Water User Facilities Present? Yes ENG Yes Comments: The Middle Creek Ditch is an agricultural water user facility which is currently piped adjacent to the site within the South 19th Avenue right-of-way. The applicant is proposing to install a new drive access over the existing pipe and widen the existing sidewalk to a 10-foot-wide shared use path along South 19th Avenue adjacent to the site. Code provision #1 has been added to meet this section. 4.b.2. Condominiums (38.310.020.) Meets Code? Condominiums Proposed? no PZ N/A Comments: This application is not proposing to utilize the Declaration of Unit Ownership Act at this time or in relation to this project. Further Condominium Review would be required for this site if condominiums were desired in the future. 4.b.3. Specific Use Standards (38.320) Meets Code? Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 16 of 23 Specific Use Standards Applicable? None PZ N/A Comments: N/A 4.b.4. Wireless Facilities (38.330) Meets Code? Wireless Facilities Proposed? no PZ N/A Comments: There are no wireless facilities proposed with or applicable to this application. 4.b.5. Affordable Rental Housing (38.340) Meets Code? Affordable Housing Proposed? Yes CH Yes Comments: This application requests to utilize Type-C Incentives for affordable housing. In order to qualify for Type-C affordable housing incentives, a multiunit building must provide at least 50% of dwellings at a maximum of 60% Area Median Income (AMI) for at least 50 years. The applicant provides 100% of the dwelling units at 60% AMI. The Affordable Housing Plan submitted by the applicant does not detail the length of time that the units will remain affordable for. In order to ensure compliance, the applicant must provide a compliant Affordable Housing Plan (compliance document) as prescribed in BMC Section 38.340.030. prior to issuance of the building permit. (Code Provision #8) 5. Conformance with Community Design Standards of Article 4 5.a. Transportation Facilities and Access (Division 38.400) Streets and Rights-of-way Meets Code? Streets (38.400.010) ENG Yes Street and road dedication (38.400.020 ) N/A Intersections (38.400.030) N/A Street Names (38.400.040) N/A Street and road Construction Standards (38.400.050) Yes Street Improvement Standards (38.400.060) Yes Comments: Adjacent streets exist to serve the site, and no additional dedication is needed. The site is located off West Kagy Boulevard (principal arterial) to the south, South 19th Avenue (principal arterial) to the west, and the Hawk’s Ridge private drive access to the east. Right-in, right-out access is proposed off South 19th Avenue near the northern property line. Full access onto West Kagy Boulevard is proposed via the Hawk’s Ridge private drive access. The applicant provided a traffic impact study (TIS) certified by a professional engineer. The TIS identifies 58 AM peak hour trips, 74 PM peak hour trips and 770 average weekday trips. The Transportation Master Plan identifies Kagy Boulevard from South 19th Avenue to South 3rd Avenue as a recommended Major Street Network project. The TIS for this project identifies improvements are necessary at the intersection of West Kagy Boulevard and the Hawk's Ridge private driveway to meet the minimum level of service standard of D at the 5-year design year. The Kagy Boulevard reconstruction project is on the City Capital Improvement Plan within the next three years. Code provision #2 has been added to require the proposed development to pay the proportionate share of Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 17 of 23 cash-in-lieu of infrastructure towards the Kagy Boulevard reconstruction project prior to final site plan approval. Based on the TIS, no additional intersection mitigation is required with the proposed development. Street Lighting (38.400.070) ENG N/A Comments: There are existing streetlights along South 19th Avenue adjacent to the project. The Kagy Boulevard reconstruction project, which is on the City Capital Improvement Plan within the next three years, anticipates installing streetlights along the entire corridor and the applicant will pay the proportionate share of cash-in-lieu of infrastructure towards the project. No additional streetlights are required with this application. Sidewalks (38.400.080 ) ENG Yes Comments: The existing sidewalk along South 19th Avenue adjacent to the site will be widened to a 10-foot-wide shared use path. The Kagy Boulevard reconstruction project, which is on the City Capital Improvement Plan within the next three years, anticipates installing 10-foot wide shared use path along the entire corridor and the applicant will pay the proportionate share of cash-in-lieu of infrastructure towards the project. Drive access (38.400.090) ENG Yes Comments: A drive access is proposed off South 19th Avenue and the Hawk’s Ridge private drive. Code provision #3 requires a mutual access easement to be recorded to provide access via the Hawk’s Ridge private drive back to Kagy Boulevard. Street vision triangle (38.400.100) ENG N/A Transportation pathways (38.400.110 ) N/A Public transportation (38.400.120) N/A Comments: No alterations are proposed or required to ensure adequate site vision triangles. Public transportation is not required or applicable to this Site Plan application. 5.b. Community Design and Elements (38.410) Meets Code? General Standards- Preserves natural terrain, drainage, topsoil, trees, and other vegetation to the maximum extent possible (38.410.010.B) PZ Yes Comments: The project narrative discusses compliance with this standard on page 2 of the Site Plan Narrative document submitted with the application. The applicant states, “This project will carefully respond to the existing natural conditions to limit disruptions to the existing landscape and current adjacent uses. Overall, the existing topography on the site is relatively flat and has a gradual elevation change of roughly five feet from the southern extents as it descends to the north. The current storm water drainage patterns will continue to be utilized in the same way while also accounting for the increase in impervious area on site. With regard to existing vegetation on site, there is a limited amount of vegetation that currently remains on site. There are a handful of tree stumps that will require removal; however, the new development will introduce several new plantings throughout the site as shown on the Landscape plans. There are no known natural ecological features on site, such as a wetland or creek, as evidenced in the attached report.” The proposed development preserves the site to the maximum extent plausible. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 18 of 23 Community Focal Point (38.410.020) PZ N/A Comments: This project is less than 10 acres and thus not subject to standards for community focal points. Lot and block standards (38.410.030-040) ENG/PZ N/A Rights-of-way for pedestrians (38.410.040.D.) N/A Comments: Public streets and sidewalks provide the required access to the subject property and provide adequate pedestrian connectivity. Provisions for utilities including efficient public services and utilities 38.410.050-060 ENG Yes Other utilities (electric, natural gas, communications) Yes Comments: The existing water and sewer mains are located in an existing utility easement on the northern portion of the site. Code provision #4 requires the proposed private utility easements for dry utilities to be recorded to service the development. Municipal infrastructure requirements (38.410.070) ENG Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. The applicant is proposing to install two new fire hydrants. The review authority approved an Engineering Administrative Waiver from the maximum length of a water service line (City of Bozeman Design and Construction Standards Chapter 4.2.9.C and BMC 38.410.070). The Administrative Waiver was requested with a memo from a Professional Engineer and met the criteria from the City of Bozeman Design and Construction Standards Chapter 1.9.2. Grading & drainage (38.410.080) ENG/PZ 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: The stormwater drainage was designed in accordance with the City of Bozeman Design and Construction Standards, October 2024. Stormwater will be infiltrated in a subsurface storm chamber sized to manage the Major Storm event (100-year). Fire Protection Requirements (38.410.090) FIRE Yes Comments: Requirements for fire protection were reviewed at the time of building permit and must conform to the City’s standards. Mail Delivery (38.410.100) PZ N/A Comments: No alterations to mail delivery facilities are required with this proposal. Water Adequacy (38.410.110) WTR Yes Comments: The project's estimated annual municipal demand is 20.91 acre-feet. A credit volume of 0.08 acre-feet has been applied based on the historic metered demand from the properties, reducing Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 19 of 23 the development's demand to 20.83 acre-feet, which must be offset prior to site plan approval. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $124,953. Payment must be made prior to the final site plan approval. (Code Provision #5) 5.c. Park and Recreation Requirements (38.420) Meets Code? Parkland requirements (38.420.020) PARK Yes Cash donation in lieu of Parkland (CILP) (38.420.030) Yes Improvements in-lieu N/A Comments: There are 162 new residential units proposed with this application. The applicant has requested to dedicate cash in lieu of parkland (CILP) given the site constraints. Prior to final plan approval, the applicants must pay CILP prior to final site plan approval. (Code Provision #6) Park/Recreational area design and location (38.420.040-050) PARK N/A Park Frontage (38.420.060) N/A Liner Parks (38.420.070) N/A Park development (38.420.080) N/A Waiver of Required Dedication N/A Recreation pathways (38.420.110 ) N/A Comments: No physical parkland is proposed with this application. Cash in lieu of parkland satisfies the minimum parkland dedication requirements. 6. Conformance with Project Design Standards of Article 5 (38.510) 6.a. Site Planning and Design Elements (Division 38.510) Meets Code? Relationship to Adjacent Properties (38.510.030) PZ N/A Non-Motorized Circulation and Design (38.510.040) Yes Comments: The structure is surrounded by a sidewalk providing patrons access to the structure both from the parking lot and the public sidewalk along Kagy Boulevard and South 19th Avenue. The site complies with non-motorized circulation and design. Vehicular Circulation and Parking (38.510.050) PZ N/A Internal Roadway Design (38.510.050.D) N/A Comments: Internal roadways are not applicable to this application. Location and design of service areas and mechanical equipment (38.510.060) PZ Yes Comments: Mechanical equipment shown on the site plan is screened with vegetation in compliance with minimum requirements. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 20 of 23 6.b. Building Design (38.520) Meets Code? Building Character (38.520.030) PZ Yes Building Massing and articulation (38.520.040) Yes Building details and materials (38.520.050-.060) Yes Comments: The building is constructed utilizing allowed materials and meets minimum articulation by providing windows, a change of building materials, and a change in roofline every 30 feet. Special Residential Frontages (38.520.070) PZ N/A Comments: There are no special residential frontages proposed or required with this application. Structured Parking Facilities (38.520.080) PZ N/A Comments: There are no structured parking facilities proposed or required with this application. 6.c. Parking (38.540) Meets Code? Stall, aisle and Driveway Design (38.530.020) PZ Yes Maintenance of Parking Areas (38.530.030) N/A Number of vehicle spaces required (38.530.040) Yes Residential (38.530.040.B.2.a) Required N/A Reductions N/A Non-residential (38.530.040.B.2.b) Required N/A Reductions N/A Total Required N/A Max Allowed N/A Total provided Total 153 On street N/A Off street 153 Joint Use of Parking facilities (38.530.050) PZ N/A Off-site parking (38.530.060) N/A Comments: This application was deemed complete after October 1, 2026 and is subject to BMC Section 38.530.030.C. for the number of vehicle parking spaces required. Deed restricted affordable housing does not require any parking spaces. The applicant provides 153 parking spaces for the development. See discussion on affordable housing standards in Article 4, Section 4.b.5. of this report. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 21 of 23 Number of Bicycle parking spaces required (38.320.070) PZ/ENG Yes Residential Yes Short-term Required Provided 25% 20 34 Long Term Required Provided 75% 61 63 Total Residential Required 81 Total Residential provided 97 Non-residential N/A Short-term Required Provided N/A N/A N/A Long Term Required Provided N/A N/A N/A Total Non-residential Required N/A Total Non-residential provided N/A Comments: Affordable housing incentives, Type-C allow for bike parking to be provided at a rate of 50 percent of the number of dwellings within the development. There are 162 dwelling units in the development and the applicant provides 97 bike parking spaces in total and meets the appropriate long-term and short-term parking delineation and standards. Off-street loading berth requirements (38.530.080) PZ N/A Comments: N/A 6.d. Landscaping (38.540) Meets Code? Mandatory landscaping requirements (38.540.050-060) PZ Yes Parking lot landscaping Yes PZ/WC Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The site provides landscape screening around the north and east property lines in order to screen the parking lot for residential adjacency. The parking lot contains the appropriate tree density Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 22 of 23 and unbroken rows of parking are limited to 100 feet. No parking space is more than 70 feet from a tree trunk. Street trees were reviewed and approved by the city forestry department. The site complies with minimum standards for landscaping. Fences, walls, and hedges (38.550.070) PZ Yes Comments: Fences are proposed to be installed in order to meet minimum requirements for private outdoor space and comply with minimum standards for fencing. Landscaping of public lands (38.550.080) FOR Yes Comments: Boulevard landscaping was reviewed by the city forestry department and complies with minimum standards. Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the property owner. 6.e. Signs (38.550) Meets Code? Is signage proposed with the application? No PZ N/A Comments: No signage is proposed with this application or required for residential use. Signs permits must first be obtained prior to the installation of any residential identification signs. 6.f. Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 PZ Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Site lighting proposed with this application complies with maximum illumination at the property line and fixtures proposed meet full cutoff standards. Lighting complies with minimum standards of municipal code. 7. Conformance with Natural Resource Protection Standards of Article 6 7. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 ENG N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this request. The subject property under review is wholly outside of the FEMA 100‑year Regulated Flood Hazard Area. FEMA mapping designates the area as Zone X, which represents areas of minimal flood hazard and is not regulated under the City’s floodplain ordinance. The applicant provided a certification letter from a wetland professional stating there is no evidence of wetlands or waterways within or bordering the property. Watercourse Setbacks 38.620 ENG/PZ N/A Comments: Requirements of BMC 38.620 are not applicable to this request. Project Report 1825 W Kagy SP Application No. 26289 October 23, 2026 Page 23 of 23 8. Conformance with Article 7- Permits Legislative Actions and Procedures 8. Conformance with Article 7- Permits Legislative Actions and Procedures Meets Code? Public Comment (38.730) PZ TBD Comments: This is the initial project decision. Public notice will occur from 10/26/2026-11/18/2026. This section will be updated after the noticing period. Special Use Permit (38.740.100) PZ N/A Comments: There are no special uses applicable to this application. Subdivisions (38.750) PZ N/A Subdivision exemptions (38.750.140) Yes Required easements Yes Comments: A subdivision exemption to aggregate the two lots that make up the site area is currently in review by the city. Per code provision #7, this application must be approved and the amended plat recorded prior to final plan approval. Code provisions #3 and #4 require a mutual access easement and private utility easements to be recorded prior to final plan approval. Deviations Departures and Variances (38.760) PZ N/A Comments: There are no deviations, departures, or variances requested with this application.