HomeMy WebLinkAboutAccept Cash in Lieu of Open Space for the Northside Planned Unit Development No. Z-05253B.pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Acceptance of Cash in Lieu of Open Space for the Northside PUD #Z-
05253B
MEETING DATE: February 1, 2010
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Accept Cash in Lieu of Open Space for the Northside PUD #Z-
05253B subject to the staff findings outlined in this report.
BACKGROUND: The Bozeman Department of Planning & Community Development is ready
to approve a request to modify the Northside PUD generally located northwest of the intersection of
North Rouse Avenue and West Oak Street. Staff has reviewed a proposal to remove 2,615 square
feet of PUD open space from the Northside PUD and satisfy the required PUD performance points
required with a cash in lieu of open space payment. Staff has reviewed the proposal against Title 18
of the Bozeman Municipal Code and the design guidelines for the North Rouse Entryway Corridor
and has forwarded recommended conditions to the Planning Director who is responsible for the final
decision.
2,615 square feet of open space is being removed from 129,722 square feet of PUD open space
currently provided and represents 2% of the total amount or 2 performance points. Due to the facts
presented that the percentage of open space change is under the 10% threshold outlined in Section
18.34.170BMC and that cash in lieu of open space was accepted and acknowledged by the
Commission for the project with the initial approval of the Northside PUD #Z-05253, staff has
classified the proposed PUD modification as a minor modification. Staff has reviewed the
application materials submitted, including the proposed cash in lieu amount of $10,500.00 calculated
per Section 18.50.030 BMC, against the applicable sections of the Bozeman Municipal Code and as a
result recommends approval of the modification and that the City Commission accept the cash in lieu
amount as proposed. The Bozeman Municipal Code requires the City Commission to approve the
acceptance of all cash in lieu payments.
FISCAL EFFECTS: $10,500 would be added to the City’s Cash in Lieu of Parkland Account.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Application materials
Report compiled on: January 27, 2010
176
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
177
Page 2
(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDO section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property
owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process
(Section 18.64.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
178
Page 3
(Reuse, Change of Use or Further Development/Amendment or Modification Checklist – Prepared 11/24/03; revised 9/21/04; revised 1/5/05)
REUSE, CHANGE IN USE OR FUTHER DEVELOPMENT/AMENDMENT OR MODIFICATION CHECKLIST
If a project qualifies for review as a Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91 or
Amendment/Modification of a Plan Approved On or After 9-3-91, these checklists shall be used. Any item checked “No” or
“N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to
the applicant.
A. Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91.
Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91
Information
Yes No N/A
1. Sketch plan, with north at the top of the page, including site boundaries, accurate lot
and building area dimensions, street and alley frontages with names, and location of
all structures with distances to the nearest foot between buildings and from buildings
to property lines
2. Parking and circulation
3. Drainage patterns
4. Floor plans
5. Plans, sketches, pictures, specifications and other data that will clearly express any
proposed building alterations or additions
6. Such other information as may be suggested by the Planning Department
Length of time since current/previous use:
Proposed use:
The Planning Director may approve this application upon finding that no significant alteration of the
previous use and site are proposed, and upon review by the City Engineer to assure that adequate access and
site surface drainage are provided. The criteria for such a determination shall include but not be limited to
the following:
1. The proposed use is allowed under the same zoning district use classification as the previous use,
however replacement of nonconforming uses must comply with the provisions of Chapter 18.60,
BMC (Nonconforming Situations);
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings,
storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of
use as measured by parking requirements, traffic generation or other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the criteria of
Section 18.62.010.A.2.e, BMC; OR
b. By more than 10 percent for developments meeting or exceeding one or more of the criteria
of Section 18.62.010.A.2.e, BMC;
3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the
site or associated with the proposed use of the property.
Planning Director
I hereby determine that all pretreatment measures have been met, and adequate site surface drainage and
access are provided on this site for the proposed use.
City Engineer
179
Page 4
B. Amendment/Modification of a Plan Approved On or After 9-3-91.
Amendment/Modification of a Plan Approved On or After 9-3-91 Information Yes No N/A
1. All amendments or modifications shall be shown on a revised site plan drawing
Based on the information submitted with this application, and a review of other pertinent information, I
hereby find that the amended plan IS IS NOT (circle one) in substantial compliance with the
originally approved plan. If the amended plan is not in substantial compliance with the originally approved
plan, the proposal shall be subject to all plan review and approval provisions of the Unified Development
Ordinance. Substantial compliance may be shown by demonstrating the following:
1. The proposed use is allowed under the same zoning district use classification as the previous use,
however replacement of nonconforming uses must comply with the provisions of Chapter 18.60,
BMC (Nonconforming Situations);
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings,
storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of
use as measured by parking requirements, traffic generation or other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the criteria of
Section 18.62.010.A.2.e, BMC; OR
b. By more than 10 percent for developments meeting or exceeding one or more of the criteria
of Section 18.62.010.A.2.e, BMC ;
3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the
site or associated with the proposed use of the property.
Planning Director
Comments/Conditions of Approval:
180
Page 5
C. Landscape Plans. If a landscape plan is required, for either type of application, the following information shall be
provided on the landscape plan:
Landscape Plan Information Yes No N/A
1.
Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan
2. Location of existing boundary lines and dimensions of the lot
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, driveways and sidewalks on the lot and/or adjacent to the lot
4. Project name, street address, and lot and block description
5. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and type of
all existing trees on the lot over 6 inches in caliper must be specifically indicated
8. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street
parking and loading spaces
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features
11. A description of proposed watering methods
12. Location of street vision triangles on the lot (if applicable)
13. Tabulation of points earned by the plan – see Section 18.48.060, BMC (Landscape
Performance Standards)
14. Designated snow removal storage areas
15. Location of pavement, curbs, sidewalks and gutters
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control
17. Existing and proposed grade
18. Size of plantings at the time of installation and at maturity
19. Areas to be irrigated
20. Planting plan for watercourse buffers, per Section 18.42.100, BMC (Watercourse Setbacks), if
not previously provided through subdivision review
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls
181
NARRATIVE DESCRIBING MODIFICATIONS TO NORTHSIDE PUD
Project Location:
1237 North Rouse Ave, Bozeman, MT
Modification proposed to the Northside PUD include a reduction of open space and removal of landscape
elements:
The concrete loading dock located at the northeast corner of the Northside PUD is currently classified as
open space. Because this area would be very valuable to new Building 2 owners as a part of a commercial
enterprise, it is being proposed that this area is no longer classified as open space. A cash-in-lieu payment
will be made to compensate for this reduction in open space.
Additionally, it is proposed that planters, containing small Maple trees, located on the loading dock
be moved off the site. According to the landscape designer responsible for the very successful landscape at
Northside, no appropriate spaces exist on site to which these planters could be moved. The planters and the
plant material that they contain do not contribute to the landscape points required in the original Northside
PUD.
These changes will not substantially alter the character of the Northside PUD. The area which will
no longer be classified as open space does not currently have the character of typical open spaces; it is a
concrete platform. In its new role as part of a commercial enterprise the space will be active, colorful and
attractive.
End of narrative
182
Montana Avenue Partners, LLC December 29, 2009
1006 West Main Street
Bozeman, MT 59715
Attn: Scott Dehlendorf, Manager
Dear Scott,
As per your request I have reviewed current sales of M-1 land on the Northeast side of Bozeman in the
area of your Oak Street and Rouse Development. I am giving you my estimate of value for M-1 land in
the area for Cash in Lieu park land dedication. It is virtually impossible to perform an actual appraisal as
the City requests because there is no physical parcel to actually appraise.
The sales of M-1 land that I have considered range in value from $4.00psf to $5.00psf. Overall property
values are down from the high point in the market of late 2006 early 2007. Overall land values have
declined on average about 30%. You are requesting the appraisal of an additional 2,615sqft which would
be considered a very small, almost unusable, M-1 site possibly affecting the utility of the site. Therefore,
I would estimate the value of the smaller M-1 site in the northeast quadrant of Bozeman at the lower
end of the range at approximately $4.00psf or $10,460 rounded to $10,500.00.
If I can be of further assistance please call.
Sincerely,
Keith O’Reilly, MAI
183
NORTH ROUSE AVENUEOAK STREETEXISTING TOWERINCLUDED IN BUILDING 1 SQ. FT.SNOW STORAGEBUILDING 1NORTH MONTANA AVENUE(12 ON STREET PARKING SPACES)PROPERTY LINEPROPERTY LINEBUILDING 2UPFUTURE BUILDING ADDTIONINCLUDED IN BUILDING 4a SQ.FT.BUILDING 4BUILDING 325'-0"NEW BUILDING FOOTPRINTPROPERTY LINEENTRY CORRIDORFRONT YDSETBACK20'-0"SETBACK3' SIDE & REAR YARD SETBACKSPARKING LOTLANDSCAPING485 SQ. FT.PARKING LOTLANDSCAPING138 SQ. FT.PARKING LOTLANDSCAPING366 SQ. FT.PARKING LOTLANDSCAPING660 SQ. FT.PARKING LOTLANDSCAPING340 SQ. FT.PARKING LOTLANDSCAPING340 SQ. FT.PARKING LOTLANDSCAPING134 SQ. FT.PARKING LOTLANDSCAPING117 SQ. FT.PARKING LOTLANDSCAPING117 SQ. FT.PARKING LOTLANDSCAPING136 SQ. FT.PARKING LOTLANDSCAPING982 SQ. FT.PARKING LOTLANDSCAPING366 SQ. FT.PARKING LOTLANDSCAPING138 SQ. FT.PARKING LOTLANDSCAPING335 SQ. FT.AREAS DESIGNATED AS OPEN SPACE(as determined for original PUD)AREAS DESIGNATED AS PARKING LOTLANDSCAPINGOPEN SPACE4234 SQ. FT.OPEN SPACE3366 SQ. FT.OPEN SPACE2349 SQ. FT.OPEN SPACE1566 SQ. FT.OPEN SPACE1498 SQ. FT.OPEN SPACE2393 SQ. FT.OPEN SPACE7014 SQ. FT.OPEN SPACE333 SQ. FT.DATE:DATE1This drawing is not intended, nor shall itbe used for construction, unless thesigned professional stamp of a registeredarchitect employed byComma-Q Architecture, Inc. is affixed2345PROJECT #:CONSULTANTSNO.REVISIONSDESCRIPTIONORIGINAL DRAWING SIZE: 24" x 36"76Q:\Jobs09\26 Northside-Building #2\Open Space revisions 011209\Open Space Revisions 011209.rvtBozeman, MT 59715Northside01.05.10PUDR10926Montana Avenue Partners, LCCCurrent Area CalculationsP.U.D.Revisions 1" = 20'-0"1Northside P.U.D. Current Area Calculations184
EXISTING TOWERINCLUDED IN BUILDING 1 SQ. FT.SNOW STORAGEBUILDING 1NORTH MONTANA AVENUE(12 ON STREET PARKING SPACES)PROPERTY LINEPROPERTY LINEBUILDING 2UPFUTURE BUILDING ADDTIONINCLUDED IN BUILDING 4a SQ.FT.BUILDING 4BUILDING 325'-0"NEW BUILDING FOOTPRINTPROPERTY LINEENTRY CORRIDORFRONT YDSETBACK20'-0"SETBACK3' SIDE & REAR YARD SETBACKSPARKING LOTLANDSCAPING485 SQ. FT.PARKING LOTLANDSCAPING138 SQ. FT.PARKING LOTLANDSCAPING366 SQ. FT.PARKING LOTLANDSCAPING660 SQ. FT.PARKING LOTLANDSCAPING340 SQ. FT.PARKING LOTLANDSCAPING340 SQ. FT.PARKING LOTLANDSCAPING134 SQ. FT.PARKING LOTLANDSCAPING117 SQ. FT.PARKING LOTLANDSCAPING117 SQ. FT.PARKING LOTLANDSCAPING136 SQ. FT.PARKING LOTLANDSCAPING982 SQ. FT.PARKING LOTLANDSCAPING366 SQ. FT.PARKING LOTLANDSCAPING138 SQ. FT.PARKING LOTLANDSCAPING335 SQ. FT.OPEN SPACE PERFORMANCE POINTSTotal Project Area: 129,722 square feetCurrent Performance Points Required: 20Current Performance Points Provided through Open Space & Cash-in-lieu: 20per 18.36.090.E.7.b 1 performance point is awarded for each percent of project area that isnon-public open space and;"The area provided for open space shall be exclusive of yard setbacks on individuallyowned lots and interior parking lot landscaping, and subject to the performance standardsof Chapter 18.50, BMC. The area may be provided through a combination of one or moreof the following means:(i) Open space within the project boundaries and commonly held by the property ownersassociation for the use of owners, residents and their guests;(ii) Open space within the project boundaries and developed as usable recreation spacewith a corresponding public use easement;(iii) Outside of the project boundaries as an addition to an existing off-site park adequate inlocation and size to meet the recreational needs of the resident; or(iv) Cash-in-lieu of open space subject to the standards of §18.50.030, BMC; or(v) Open space outside of the project boundaries adequate in size and location to meet therecreational needs of the residential development only with the approval of the CityCommission. The site is subject to the standards of §18.50, BMC and must demonstrate ageographic and service relationship to the residential development.Proposed non-public open space removed from the project: 2,615 square feet2,615sf/ 129,722 = 2.0% = 2.0 performance points removed from project through on sitenon-public open spaceThese remaining 2.0 points will be provided by Cash-in-lieu of open space, calculated at2.0% of the pre-development appraisal of the site to be developed.AREAS DESIGNATED AS PARKING LOTLANDSCAPINGOPEN SPACE4234 SQ. FT.OPEN SPACE2349 SQ. FT.OPEN SPACE1566 SQ. FT.OPEN SPACE1498 SQ. FT.OPEN SPACE2393 SQ. FT.OPEN SPACE5404 SQ. FT.OPEN SPACE333 SQ. FT.OPEN SPACE751 SQ. FT.NORTH ROUSE AVENUEOAK STREETDATE:DATE1This drawing is not intended, nor shall itbe used for construction, unless thesigned professional stamp of a registeredarchitect employed byComma-Q Architecture, Inc. is affixed2345PROJECT #:CONSULTANTSNO.REVISIONSDESCRIPTIONORIGINAL DRAWING SIZE: 24" x 36"76Q:\Jobs09\26 Northside-Building #2\Open Space revisions 011209\Open Space Revisions 011209.rvtBozeman, MT 59715Northside01.05.10PUDR20926Montana Avenue Partners, LCCProposed Revised AreaCalculationsP.U.D.Revisions 1" = 20'-0"1Northside P.U.D. Proposed Revised AreaCalculationsNORTH185