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HomeMy WebLinkAboutA1 Site Plan Remington15433 Staff Report for the Remington Apartments Site Plan, Conditional Use Permit and Parkland Dedication Request Date: City Commission Public Hearing November 2, 2015 Project Description: A Site Plan and Conditional Use Permit (CUP) with parkland dedication and improvements in-lieu request application to allow the construction of two apartment buildings with a total of 48 dwelling units with associated parking and site improvements. The conditional uses proposed include: establishment of a residential use on the ground floor and proposed buildings height increase of 10% above the base maximum building height in the B-2 zoning district. Project Location: 2220 Remington Way, located at the southwest corner of the intersection of Remington Way and South 22nd Avenue. The property is zoned B-2 (Community Business) and is legally described as Lot 3, Block 2, Kagy Crossroads Subdivision, City of Bozeman, Gallatin County, Montana. Recommendation: Approval of CUP with conditions and code provisions. Recommended Motions: Parkland Dedication: Having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby adopt the findings included in the staff report for application 15433 and move to approve the Remington Apartments Park Plan, and accept the provision of improvements in-lieu parkland dedication as meeting the required parkland dedication. Site Plan and Conditional Use: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15433 and move to approve Remington Apartments Site Plan and Conditional Use Permit to allow residential uses on the ground floor, and to allow a proposed building height increase to a maximum of 48.4 feet with recommended conditions and subject to all applicable code provisions. Report Date: Thursday, October 22, 2015 Staff Contact: Heather Davis, Associate Planner Agenda Item Type: Action (Quasi Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary A Conditional Use Permit (CUP) application was submitted to the Community Development Department for two apartment buildings located at 2220 Remington Way within the Community Business (B-2) zoning district. The CUP application is requesting approval for the following conditional uses: establishment of a residential use on the ground floor and proposed buildings 120 15433 Remington Apartments CUP Page 2 of 26 height increase of 10% above the base maximum building height in the B-2 zoning district (base maximum is 44 feet, 10% to 48.4 feet maximum height). The code allows an increase of up to 30% of the maximum height allowance in B-2 through a conditional use permit. The Remington Apartments project proposes multi-story apartment buildings with convertible ground floor units, providing the option for mixed-use buildings in the future. The applicant designed the building’s ground floor units to be easily retrofitted to commercial uses with the incorporation of commercial building code standards in the construction; such as a ground floor floor-to-ceiling height of 12 feet, a one hour fire separation between the ground floor and second floor residential, and an upgraded sprinkler system. Visually, the ground floor units adjacent to the public streets are designed with larger windows to address the public nature of the street. At their October 14, 2015 meeting, the Development Review Committee meeting voted unanimously to recommend conditional approval of the CUP application with the recommended conditions and code provisions identified in this report. The application requests parkland dedication and improvements in-lieu of parkland dedication to satisfy the required parkland for the 48 dwelling units. The lots proposed for this development were platted with the Kagy Crossroads Subdivision as commercial use lots. No parkland was dedicated with the subdivision for commercial lots, as parkland is only required for residential uses and lots. It is the expressed preference of the developer to provide 12,654 square feet of parkland and the remainder of the requirement as improvements in-lieu of parkland dedication. The required parkland dedication for the project is equal to 0.449 acres (19,558.44 sq. ft.) of parkland and cash- in-lieu of parkland for units over 8 du/acre is equal to 0.224 acres (9,775 sq. ft.) based upon the 48 dwelling units. Parkland requirements are proposed to be met through a combination of land, park improvements, and cash in-lieu of parkland dedication. A complete parkland discussion can be found in Section 5, #8 Open Space site plan review criteria of this report. The applicant proposes making physical improvements above the minimum requirements to the proposed parkland with the value of the improvements constructed equaling or exceeding the required cash-in-lieu payment. Those improvements include landscaping beyond the minimum, picnic tables, grills and sport court. At their October 2, 2015 meeting, the Recreation and Parks Advisory Board Subdivision Committee reviewed the parkland request and recommended approval. They endorsed the idea of physical parkland and improvements as cash in lieu of parkland, finding that physical parkland and the improvements on the ground benefit the community more than a cash balance to be expended on future improvements. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 121 15433 Remington Apartments CUP Page 3 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1  Unresolved Issues ............................................................................................................... 1  Project Summary ................................................................................................................. 1  Alternatives ......................................................................................................................... 2  SECTION 1 - MAP SERIES .................................................................................................... 4  SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 11  SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 12  SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13  SECTION 5 - STAFF ANALYSIS ......................................................................................... 14  Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 14  Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 21  APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 25  APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 25  APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 26  APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 26  FISCAL EFFECTS ................................................................................................................. 26  ATTACHMENTS ................................................................................................................... 26  122 SECTION 1 - MAP SERIES 123 Current Land Use Map 124 15433 Remington Apartments CUP Page 6 of 26 Bozeman Community Plan Future Land Use Map 125 Remington Apartments Site Plan 126 15433 Remington Apartments CUP Page 8 of 26 Ground Floor Commercial Space minimum floor to ceiling height of 12’ Remington Apartments Elevations Commercial window detail toward Remington Way and South 22nd Avenue 127 15433 Remington Apartments CUP Page 9 of 26 Remington Apartments Park Plan 128 15433 Remington Apartments CUP Page 10 of 26 Remington Apartments Park Plan Elevation Detail 129 15433 Remington Apartments CUP Page 11 of 26 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Community Development Conditions: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A public park easement shall be recorded for that portion of Lot 3 reserved for the park and shall be recorded and executed at the Gallatin County Clerk and Recorder’s Office prior to final plan approval. 3. The proposed public park shall meet Americans with Disabilities Act (ADA) standards including: 1) At least one position of the picnic tables shall be barrier-free (i.e., no seat); 2. Adequate turning movement and passing zones shall be designed for all walkways and all recreational equipment. 4. Residential parkland requirement shall be satisfied through utilization of parkland, cash- in-lieu, or other approved process by the City Commission, per Section 38.27.030 BMC. Whichever course of action is chosen, the terms of Section 38.27 Parkland Requirement shall be completed and approved by the City Commission prior to final site plan approval. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plan materials. 5. Park improvements in-lieu of parkland dedication shall be a minimum of $34,891.00 based on the fair market value of improvements and labor costs as shown on the park plan in excess of minimum standards under Section 38.27.080, BMC. The final plan submittal shall include independent cost estimates for installed requirement and associated labor cost. Any modifications from the approved park plan and cash-in-lieu summary may require Commission review and approval. 6. The applicant shall submit a written narrative outlining how each of the conditions of approval and code provisions has been satisfied with the final plan application. Engineering Conditions: 7. A stormwater maintenance plan shall be submitted prior to FSP approval. 8. Low impact development practices must be used that infiltrate, evapotranspire, or capture for reuse the runoff generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation. The proposed detention and retention facilities will serve this purpose; however, the 0.5-inch rainfall requirement must be calculated by the applicant’s engineer and compared to the post-development runoff calculations to determine which scenario controls sizing of the proposed ponds. 9. Plans and specifications for any fire service line must be prepared in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from the FSP. 130 15433 Remington Apartments CUP Page 12 of 26 Fire services shall be shown, with sizes labeled, on the FSP from main to building and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 10. The applicant must check the proposed 2-inch water services sizing against the requirements as outlined in the City of Bozeman Design Standards and Specifications Policy prior to FSP approval. When calculated by the Fixture Unit Method, as specified in the Uniform Plumbing Code, the velocity in the service lines shall not exceed 10 feet-per-second. 11. A locking lid shall be placed on the proposed stormwater drywell to allow access only to maintenance personnel, and manhole steps shall be included in the drywell such that if someone were to accidentally fall into the drywell, they can safely egress. 12. A mutual access easement is required for the southern, joint access with the property to the south to allow legal use of that access. A copy of the mutual access easement shall be submitted with the final submittal materials. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. 13. The previous traffic impact study (TIS) prepared for the underlying subdivision was completed in 1997. The TIS needs to be updated to define the impact of traffic from the proposed development and any necessary mitigation measures on the surrounding transportation system. This is a condition of FSP approval. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS a. Section 38.19.120 BMC requires that the final plan shall contain the materials required in 39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of- way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water; and (5) Sewer (sanitary, treated effluent and storm). The final plan submitted shall show the most recent version of public and private utility locations. b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 38.19.110.I BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 131 15433 Remington Apartments CUP Page 13 of 26 b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130 BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. d. The transfer of water rights or the payment of cash-in-lieu of water rights shall be provided in accordance with Section 38.23.180 BMC prior to final site plan (FSP) approval. e. Section 38.23.070 BMC requires that the cutting of any city street be done in compliance with the City’s Street Cut Policy. The required form and information can be found on the City’s website at www.bozeman.net. f. The Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior to FSP approval. g. An erosion and sediment control plan shall be prepared for the project and approved by the City’s Stormwater Program Coordinator prior to FSP approval. h. Prior to building permit approval, an erosion and sediment control permit shall be obtained from the City’s Stormwater Program Coordinator. The erosion and sediment control plan approved with the final site plan shall be utilized to obtain the erosion and sediment control permit. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Remington Apartments Conditional Use Permit, Application 15433 The Development Review Committee (DRC) considered the Conditional Use Permit application to allow establishment of a residential use on the ground floor and proposed buildings height increase of 10% above the base maximum building height in the B-2 zoning district, located at 2220 Remington Way. The DRC recommended conditional approval at the October 14, 2015 meeting. At their October 2, 2015 meeting the Recreation and Parks Advisory Board Subdivision Committee reviewed the parkland request and recommended approval. They endorsed the idea of a public park with parkland improvements as cash in lieu of parkland, finding that physical 132 15433 Remington Apartments CUP Page 14 of 26 parkland improvements on the ground benefit the community more than a cash balance to be expended on future improvements. The City Commission is scheduled to hold a public hearing and review the application at their November 2, 2015 meeting. SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and 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. Applicable Plan Review Criteria, Section 38.19.100, BMC. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. 1. Conformance to and consistency with the City’s adopted growth policy The proposed application as conditioned is in compliance with this criterion. The Future Land Use designation is “Community Commercial Mixed Use” in the Bozeman Community Plan. The subject property is also within a defined Commercial Node (northwest of the intersection of Stucky Road and South 19th Avenue, see figure 1). A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. The subject property proposes two three-story residential apartment buildings. The apartment buildings are designed to accommodate the future conversion to commercial use on the ground floor. The proposed project meets the commercial ground floor building requirement floor-to- ceiling height of 12 feet. The ground floor units adjacent to the public streets are designed with larger windows to address the public nature of the street. The Growth Policy states that the density of development within these Commercial Nodes are expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings and that it is desirable to allow residences on upper floors, in appropriate circumstances. The Growth Policy provides flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace. The Remington Apartments project proposes multi-story buildings with convertible ground floor units, providing the option for a mixed-use building in the future. Commercial Nodes are to include urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. The applicant is proposing a 12,654 square foot urban Figure 1 Growth Policy Future Land Use designation (Commercial Node) Project Location Identified Commercial Node 133 15433 Remington Apartments CUP Page 15 of 26 park with outdoor seating and park amenities. High density residential areas are expected in close proximity to Montana State University and the Commercial Node. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The project is located on the edge of the Commercial Node and will provide an appropriate transition to the high density residential development to the north. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed zoning, proposed uses and the growth policy have been identified. For more detailed information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations There are no current violations existing on the subject property. 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. 3. Conformance with all other applicable laws, ordinances, and regulations No conflicts have been identified. Some additional steps are required such as application for final site plan and building permit which will be addressed as appropriate in the future. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a building permit. Condition 1 requires full compliance with all applicable code requirements. Code provisions address coordination with other regulating agencies if necessary. 4. Relationship of site plan elements to conditions both on and off the property The proposed site plan application is consistent with the conditions on and off the property. The building configuration, building architecture, building presentation to the streets, open space layout, landscape design, pedestrian and vehicle circulation and parking comply with code requirements. The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, orientation of buildings on the site and visual integration. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Parking is provided per code requirements. Condition of Approval 14 requires the applicant to complete a Traffic Impact Study prior to final site plan approval. The previous traffic impact study (TIS) prepared for the underlying subdivision was completed in 1997. The TIS needs to be updated to define the impact of traffic from the proposed development and any necessary mitigation measures on the surrounding transportation system. 6. Pedestrian and vehicular ingress and egress Two accesses are proposed from the adjacent streets to provide vehicular ingress and egress, which are connected via the internal parking area. An additional access is proposed from a private drive along the southern property line. Condition of Approval 2 requires a mutual access easement for the joint access with the property to the south to allow legal use of that access. Pedestrian access 134 15433 Remington Apartments CUP Page 16 of 26 is via boulevard sidewalks adjacent to Remington Way and S. 22nd Avenue. Internal sidewalks connect the proposed buildings to the sidewalks and also to the public park on-site. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation The landscape plan meets minimum mandatory requirements and fulfills performance point requirements. Open space areas are landscaped per requirements. 8. Open space The application requests parkland dedication (12,654 square feet park) and improvements in-lieu of parkland dedication to satisfy the required parkland for the 48 dwelling units. The lots proposed for this development were platted with the Kagy Crossroads Subdivision as commercial use lots. No parkland was dedicated with the subdivision for commercial lots, as parkland is only required for residential uses and lots. It is the expressed preference of the developer to provide 12,654 square feet of parkland and the remainder of the requirement as improvements in-lieu of parkland dedication. The required parkland dedication for the project is equal to 0.449 acres (19558.44 sq. ft.) of parkland and cash-in-lieu of parkland for units over 8 du/acre is equal to 0.224 acres (9,775 sq. ft.) based upon the 48 dwelling units (see Parkland Summary chart on page 18). The applicant proposes making physical improvements above the minimum requirements to the proposed parkland with the value of the improvements constructed equaling or exceeding the required cash-in-lieu payment. Those improvements include landscaping beyond the minimum, picnic tables, grills and sport court. Figure 2: Proposed Park Plan 135 15433 Remington Apartments CUP Page 17 of 26 Parkland Discussion – The application proposes the creation of 48 apartment dwelling units on 1.868 net acres of land which equates to 25.70 dwelling units per acre. The parkland dedication for an initial site plan when net density is known at the time of the proposal of 0.03 acre per dwelling unit of land shall be provided. However, Section 38.27.020.A.1(a), BMC states that when the net residential density of development is known and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. This application’s net density of 25.70 dwellings per acre exceeds the default of 8 dwellings per acre. Therefore, the following formula applies to determine the amount of minimum expected land dedication: Typical Total Parkland Area or its equivalent dedication required: Lot size x Max Density Cap x Park Dedication Factor = Total Parkland (Land and Cash) 1.87 acres x 12 units per acre x 0.03 acres = 0.6732 acres Parkland to be provided due to site plan density cap: (1.87 acres x 8 units/acre x .03 parkland requirement) = 0.4488 acres (19,550 sf) Cash-in-lieu for density above 8 units/acre: 1.87 acres x 12 units per acre = 22.44 dwelling units x 0.03 acres = 0.6732 acres 0.6732 acres – 0.4488 acres (provided per the 8/du density cap) = 0.2244 acres (9,774 sq ft) The applicant proposed a hybrid of parkland dedication of 0.29 acres (12,654 square feet), and improvements in-lieu of parkland to meet minimum parkland requirements to meet Section 38.27, BMC. The proposed site plan includes 48 apartment units requiring .4488 acres (19,550 square feet) of parkland dedication. In addition, the specific preference of the developer (Section 38.27.030.A.2, BMC) is to improve the dedicated parkland above minimum standards to offset the requirements of Section 38.27.080, BMC. Minimum park development standards include leveling the ground, amending the soil, planting and establishing ground cover, and installation of irrigation which includes a water supply well. Section 38.27.060, BMC details park frontage requirements. The City requires dedicated parkland to have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: 1. Necessary due to topography, the presence of critical lands, or similar site constraints; and 2. When direct pedestrian access is provided to the perimeters without street frontage; and 3. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or 4. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. 136 15433 Remington Apartments CUP Page 18 of 26 The proposed park has 50 percent frontage. The City of Bozeman on-street parking design standards requires 24 linear feet of curb per parking space. Excluding vision triangles and adding the park frontage factor, seven vehicular parking spaces are lost due to the 50% park frontage condition. Therefore, the required cash-in-lieu of street frontage for seven parking spaces is $8,162, based on the estimated constructed costs of the parking spaces. Dollar Value of Cash-in-lieu Pursuant to Section 38.27.030.C, BMC, cash-in-lieu of parkland shall be equal to the fair market value of the amount of land that would have been dedicated and is calculated by assessing the fair market value is the value of the un-subdivided, unimproved land after it has been annexed and given an urban zoning designation. The assessment is done by a certified real estate appraiser. Pursuant to Section 38.27.030.C, BMC, the Applicant provided the necessary appraisal documentation to establish the fair market value for the equivalent land dedication. The required appraisal shows the equivalent land cost at $0.80 per square foot, which is in line with other recent cash-in-lieu appraisals. Remington Apartments Parkland Summary Parkland Requirements Acres Parkland to be provided (8/du density cap) 1.87 acres x 8 units/acre x .03 parkland requirement 0.449 Cash-in-lieu of parkland for units btw 8-12 du/acre 0.224 Total standard parkland dedication & equivalent 1.87 acres x 12 units per acre x 0.03 acres 0.673 Parkland Provided 0.290 Dedication or equivalent remaining Proposed as Cash-in-lieu 0.159 Estimated Land Value and Cash-in-lieu Dollar Value Section 38.27.030.C ($0.80) $0.80 x 0.159 acres $5,533.86 Cash-in-lieu in excess of 8 DU $0.80 x 0.2244 acres $7,819.89 Foregone Parking Improvements Parking asphalt, curb, gutter (@ $1,166 / space) 7 spaces x $1,166 $8,162.00 Total Cash-in-lieu $21,515.75 Improvements-in-Lieu Dollar Value Applicant's Proposed Park Development Value 0.29 acres (12,654 sq ft) public park $34,891.00 Improvement value in excess of cash-in-lieu $13,375.25 137 15433 Remington Apartments CUP Page 19 of 26 The review authority may determine whether the park dedication must be a land dedication, cash donation (as improvements) in-lieu of land dedication or a combination of both. When making this determination, the review authority shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. The ability to provide additional parkland within the site is quite limited and would substantially alter the project. It would be difficult to design a larger park that would comply with the City’s requirements for frontage and provide for an efficient building and/or parking area for the type of building and uses proposed in this application. The applicant proposes making physical improvements above the minimum requirements to the proposed parkland with the value of the improvements constructed equaling or exceeding the required cash-in-lieu payment. Those improvements include landscaping beyond the minimum, picnic tables, grills and sport court. Park staff, RPAB, and Planning staff find the proposed package of improvements consistent with the Park Recreation Open Space and Trails plan, the letter and intent of Article 38.27, BMC. Detailed comments from the RPAB can be found in the Recreation and Parks Advisory Board Subdivision Committee Memorandum attached. Per the required conditions of approval and code provisions, the requirements for improvements in-lieu of dedication shall be satisfied prior to final plan approval if approved by the Commission. Private open space requirements for the residential units are met with 2,343 square feet provided. 9. Building location and height The building is sited at the minimum setbacks and includes direct building frontage on Remington Way and South 22nd Avenue. The parking is located to the side and rear of the buildings. A request to increase the building height by 10 percent to allow for the structure to have a maximum height of 48.4 feet is considered as part of the conditional use review. As proposed, the elevation for both buildings at their maximum is 47 feet. The requested height increase is to allow for commercial ground floor 12’ height and is found to meet the conditional use permit criteria. 10. Setbacks The proposed project meets the requirements for all yard setbacks. 11. Lighting The proposed site lighting meets the standards of Bozeman’s Unified Development Code for lighting. 12. Provisions for utilities, including efficient public services and facilities Adequate water and sewer capacity exists to serve this development. Per the required code provisions, plan corrections are required to show the locations of all existing and proposed utilities on the final plan. Water and Sewer mains are located in the adjacent streets. Engineering conditions require minor corrections to the proposed services to meet City standards. Per Condition of Approval 10, the applicant must check the proposed 2-inch water services sizing against the requirements as outlined in the City of Bozeman Design Standards and Specifications Policy prior to FSP approval. When calculated by the Fixture Unit Method, as specified in the Uniform Plumbing Code, the velocity in the service lines shall not exceed 10 feet-per-second. 138 15433 Remington Apartments CUP Page 20 of 26 14. Loading and unloading areas Not applicable as no loading or unloading areas are proposed. 15. Grading The site is relatively flat. Grading is proposed on the site to construct the parking accesses and infrastructure and to assure the proper functioning of the storm water system. 16. Signage No signage is proposed. If any new signage is proposed, it must be in compliance with the Bozeman Unified Development Code and will require a sign permit prior to construction. 17. Screening The primary mechanical units for the building are proposed to be on the roof and screened. Any mechanical equipment not shown on the preliminary plan materials that may be proposed later must be screened per the municipal code. 18. Overlay district provisions The property is not located within and overlay district. 19. Other related matters, including relevant comment from affected parties Two public comment letters in opposing to the project were received in regards to this project. Concerns included the project’s high density, the large amounts of trash generated by apartments, the traffic impact to Remington Way and 22nd Avenue, and the concern of allowing residential on the ground floor within B-2 zoning. Staff has analyzed the project and finds that the project’s location is an appropriate location for high-density housing and that while Remington Way and S 22nd Avenue are currently quiet, dead-end streets, the area is planned to be a major commercial center for the City. As for the trash generation by the project, the City’s Solid Waste Superintendent has approved the trash enclosure and the dumpster size as appropriate for the type of use. Permitting residential on the ground floor through the conditional use permit process is not a violation of zoning. A conditional use permit allows the City to consider uses which may be essential or desirable, but which are not allowed as a matter of right within a zoning district. A conditional use permit can provide flexibility within a zoning ordinance. However, the City must review the proposed conditional use with the applicable conditional use permit review criteria as described in Section 38.19.110 of the Bozeman Municipal Code. If additional public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. 139 15433 Remington Apartments CUP Page 21 of 26 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming or The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. The project is located on one lot. Two accesses are proposed from the adjacent streets to provide vehicular ingress and egress, which are connected via the internal parking area. An additional access is proposed from a private drive along the southern property line. Condition of Approval 2 requires a mutual access easement for the joint access with the property to the south to allow legal use of that access. 21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code. Not applicable. 22. Phasing of development No phasing is proposed. Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The application proposes two apartments buildings, a public park, parking, and associated site improvements. The site as design is adequate in size and topography to accommodate the use and the project properly relates to the uses and future land uses in the vicinity. Staff incorporates the plan review findings presented above in Section 38.19.100 as supporting evidence. Staff finds the project’s size, location, and design unique and beneficial to the Commercial Node and recommends that it be conditionally permitted as proposed. The project is small in scale within the overall future commercial node and provides for a diversity of building types in the area. The project is located on the edge of the node adjacent to existing R-4 residential uses, providing a transition between the B-2 and the R-4 zoning. The project is in close proximity to the Montana State University where high density housing is encouraged. The project proposes multi-story apartment buildings with convertible ground floor units, providing the option for vertical mixed-use buildings in the future. The applicant designed the building’s ground floor units to be easily retrofitted to commercial use through the incorporation of commercial building code standards in the construction, such as a ground level floor-to-ceiling height of 12 feet, a one hour fire separation between the ground floor and second floor residential, and an upgraded sprinkler system. Visually, the ground floor units adjacent to the public streets are designed with larger windows to address the public nature of the street. 140 15433 Remington Apartments CUP Page 22 of 26 The request to allow for an increase in building height of 10 percent, or up to 48.4 feet is to allow for the 12’ floor-to-ceiling height on the ground floor of the buildings while providing high density housing. The Growth Policy states that the density of development within these Commercial Nodes are expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings and that it is desirable to allow residences on upper floors, in appropriate circumstances. Staff finds the site adequate in size and topography to accommodate and increase in building height to up to 48.4 feet and that the project properly relates to the uses and future land uses in the vicinity. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; With the recommended conditions of approval and required code provisions on page 11, the site design will comply with the Unified Development Code. The large lot area, proposed three story buildings and unified site design can accommodate the residential and future commercial uses. Staff finds that the proposed residential use will have no material adverse effect upon the abutting properties. The request to allow for an increase in building height of 10 percent, or up to 48.4 feet is to allow for the 12’ floor-to-ceiling height on the ground floor of the buildings while providing high density housing. The abutting residential property to the north, zoned R-4, High Density Residential, allows a maximum height of 44 feet and the existing Kagy Village apartments to the north are 39’ 10” in height. The property to the south is a one story commercial development. To the east and west the land is currently vacant. The additional 4.4 foot allowance proposed in this application will have no material adverse effect upon the abutting properties. The Growth Policy states that the density of development within these Commercial Nodes are expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings and that it is desirable to allow residences on upper floors, in appropriate circumstances. The Growth Policy provides flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace. Two public comment letters in opposing to the project were received in regards to this project. Concerns included the project’s high density, the large amounts of trash generated by apartments, the traffic impact to Remington Way and 22nd Avenue, and the concern of allowing residential on the ground floor within B-2 zoning. Staff has analyzed the project and finds that the project’s location is an appropriate location for high-density housing and that while Remington Way and S 22nd Avenue are currently quiet, dead-end streets, the area is planned to be a major commercial center for the City. As for the trash generation by the project, the City’s Solid Waste Superintendent has approved the trash enclosure and the dumpster size as appropriate for the type of use. Permitting residential on the ground floor through the conditional use permit process is not a violation of zoning. A conditional use permit allows the City to consider uses which may be essential or desirable, but which are not allowed as a matter of right within a zoning district. A conditional use permit can provide flexibility within a zoning ordinance. The City must review the proposed conditional use with the applicable conditional use permit review criteria as described in Section 38.19.110 of the Bozeman Municipal Code and is part of this staff report. Any public comment received after the completion of the Commission packets will be distributed to the Commission members at the public hearing. 141 15433 Remington Apartments CUP Page 23 of 26 Following review of the proposed application with the inclusion of the recommended conditions and correction of the identified code provisions, staff finds that the proposed uses will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise and finds that the application generally complies with the Unified Development Code as conditioned. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval and findings within this report. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the 142 15433 Remington Apartments CUP Page 24 of 26 property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final plan process and will be required prior to approval of the final plan. Community Development cited code provision b applies to this issue. A document to be recorded will be provided by the City following preliminary approval. 143 15433 Remington Apartments CUP Page 25 of 26 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The lot addressed as 2220 Remington Way is zoned as “B- 2” (Community Business District). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Adopted Growth Policy Designation: The lot addressed as 2220 Remington Way is designated as Community Commercial Mixed Use in the Bozeman Community Plan. The intent of the community commercial designation is to provide for activities that include basic employment and services necessary for the community. Uses includes a broad range of uses including retail, education, professional and personal services, residences and other general services. It is the intent of this district to encourage higher density than seen in other commercial areas, and include multi- story buildings. There should be equal emphasis on vehicle, pedestrian, bicycle, and transit circulation. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND A Conditional Use Permit (CUP) application was submitted to the Community Development Department for two proposed apartment buildings located at 2220 Remington Way, which is located within the Community Business (B-2) zoning district. The CUP application is requesting approval for the following conditional uses: establishment of a residential use on the ground floor and proposed buildings height increase of 10% above the base maximum building height in the B- 2 zoning district (base maximum is 44 feet, 48.4 feet maximum height). The code allows an increase of up to 30% of the maximum height allowance in B-2 through a conditional use permit. The Remington Apartments project proposes multi-story buildings with convertible ground floor units, providing the option for mixed-use buildings in the future. The applicant is designing the building’s ground floor units to be easily retrofitted to commercial space with the following features: 1) Separate the 2nd floor residential from the main level with one hour fire barrier separation; 2) Upgrading the sprinkler system to prepare the building to accommodate commercial uses; 3) Prepare concealed spaces within the building for future sprinklers and construct some concealed spaces like floors & ceilings to eliminate these spaces needing to be sprinkled when retrofitted; 4) Preparing shaft walls with the appropriate fire rating for commercial use, and 5) fully accessible ground floor; 6) Each building will be designed to accommodate a future elevator which will increase the percentage of accessible residential units available if main level becomes commercial. In addition, these potential accessible units will be constructed as a Type B accessible units which makes them easily retrofitted to a fully accessible residence. Visually, the ground floor units adjacent to the public streets are designed with larger windows to address the public nature of the street. At their October 14, 2015 meeting, the Development Review Committee meeting voted unanimously to recommend conditional approval of the CUP application with the recommended conditions and code provisions identified in this report. The application requests parkland dedication (12,654 square feet park) and improvements in-lieu of parkland dedication to satisfy the required parkland for the 48 dwelling units. The lots proposed for this development were platted with the Kagy Crossroads Subdivision as commercial use lots. No parkland was dedicated with the subdivision for commercial lots, as parkland is only required 144 15433 Remington Apartments CUP Page 26 of 26 for residential uses and lots. It is the expressed preference of the developer to provide 12,654 square feet of parkland and the remainder of the requirement as improvements in-lieu of parkland dedication. The required parkland dedication for the project is equal to 0.449 acres (19558.44 sq. ft.) of parkland and cash-in-lieu of parkland for units over 8 du/acre is equal to 0.224 acres (9,775 sq. ft.) based upon the 48 dwelling units. Parkland requirements are proposed to be met through a combination of land, park improvements, and cash in-lieu of parkland dedication. A complete parkland discussion can be found in Section 5, #8 Open Space site plan review criteria of this report. The applicant proposes making physical improvements above the minimum requirements to the proposed parkland with the value of the improvements constructed equaling or exceeding the required cash-in-lieu payment. Those improvements include landscaping beyond the minimum, picnic tables, grills and sport court. At their October 2, 2015 meeting the Recreation and Parks Advisory Board Subdivision Committee reviewed the parkland request and recommended approval. They endorsed the idea of physical parkland and improvements as cash in lieu of parkland, finding that physical parkland and the improvements on the ground benefit the community more than a cash balance to be expended on future improvements. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on October 11 and 18, 2015. Two letters of public comment were received in regards to this project. If additional public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owners/Applicants: Anderson Development, LLC, 3424 E US Highway 12, Helena, MT 59601 Representative: Locati Architects, 1007 E Main, Suite 202, Bozeman, MT 59715 Report By: Heather Davis, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Applicant’s submittal materials Recreation and Parks Advisory Board Subdivision Committee Memorandum Letters of Public Comment 145 Development Review Application A1 Page 1 of 3 Revision Date 4-27-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: A1 Remington Apartments Apartments w/ ground level convertible to commercial Locati Architects - Laura Dornberger 1007 E Main St 406-587-1139 ldornberger@locatiarchitects.com 2220 Remington Way Kagy Crossroads Sub, S14, T02 S, R05 E, Block 2, Lot 3, acres 1.868, Plat J-328 B-2 Vacant Community Commercial Anderson Development LLC 3424 E US Highway 12, Helena, MT 59601 406-441-3539 (Mark Esponda) mesponda@daconstruction.com Locati Architects - Laura Dornberger 1007 E Main St 406-587-1139 ldornberger@locatiarchitects.com 146 Development Review Application A1 Page 2 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline. 147 148 149 150 151 152 153 154 155 156 157 158 Site 2220 Remington Way, Bozeman MT  Property owners within 200 ft.    Kagy Crossroads LLC  PO Box 10504  Bozeman, MT 59719‐0504    Kagy Village Condo PH 1 Master (See note below)  General Delivery  Bozeman, MT 59718‐9999  Note: Owners and Property are as follows    Runners LLC   PO Box 5005 Bozeman, MT 59717    Montana Movement Arts Center LLC   PO Box 786 Bozeman, MT 59718    DJ Woody Properties LLC   PO Box 10842 Bozeman, MT 59719    Robert Ostrum   2023 Stadium Dr Suite 2B Bozeman, MT 59715    Robert Ostrum   Unit B1, B2 & B3 2023 Stadium Dr Suite 2B   Bozeman, MT 59718    Daniel or Eva Wendell   Unit C1 2251 W Kagy Blvd Suite C1   Bozeman, MT 59718    Zoe Care   Unit C2 2251 W Kagy #2 Bozeman, MT 59718    400 Marion Inc   Unit D1 PO Box 206 Bozeman, MT 59771    Karen Kropp   Unit F1 & F2 PO Box 6429 Bozeman MT 59771    D & S Amela Properties Inc  4300 S Fletcher Ave  Amelia Island, FL 32034‐4318    Evangelical Church of Bozeman  1701 S 19th Ave  Bozeman, MT 59718‐5439  159 Out of the Blue Condo Master (See note below)  1745 S 19th Ave  Bozeman, MT 59718  Note: Owners are BioScience Laboratories,   Dick Stefani c/o Bozeman Brokers   and Trisha Zowada c/o Stockman Bank    BioScience Laboratories  1745 S 19th Ave  Bozeman, MT 59718    Dick Stefani c/o Bozeman Broker Group  1745 S 19th Ave  Bozeman, MT 59718    Trisha Zowada c/o Stockman Bank  1815 S 19th Ave Bozeman, MT 59718    Paulson Enterprise LLC  605 Park PL  Bozeman, MT 59715‐7155    Stockman Bank of Montana  PO Box 250  Miles City, MT 59301‐0250    19th Capital Group LLC  19 Lariat Loop  Bozeman, MT 59715‐9200    Ralph K & Steven R Aaker  1461 Monroe PL  Louisville, CO 80027‐1560    160 | 1 Remington Apartments (Aug 24, 2015) 2220 Remington Way, Bozeman, MT Legal description: Kagy Crossroads Sub, S14, T02 S, R05 E, Block 2, Lot 3, Plat J-328 Zoning B-2 Owner Anderson Development LLC c/o Mark Esponda 3424 E US Highway 12 Helena, MT 59601 406-441-3539 mesponda@daconstruction.com Architect Locati Architects c/o Laura Dornberger 1007 E Main Street 406-587-1139 ldornberger@locatiarchitects.com Civil Engineer C&H Engineering c/o Matt Hausauer 1091 Stoneridge Dr Bozeman, MT 59718 406-587-1115 mhausauer@chengineers.com Landscape Designer Custom Earth Designs Chad Rempfer 406-539-7030 chad@customearthdesign.com 161 | 2 Project Narrative Anderson Development plans to develop the site located at 2220 Remington Way with (2) three story buildings, each approx. 26,500 sq. ft., containing 24 apartments each (12 one bedroom units plus 12 two bedroom units) for a total of 48 units. The site is located in the community commercial designation area and zoned B-2. Apartments are a permitted use on floors other than main level and conditionally allowed on the main level. The buildings are currently designed to have residential uses on the main level, however the buildings will be designed so the main level represents a more commercial appearance on the ends of the buildings that face the streets and constructed with a higher second floor level floor so in the future these buildings could house commercial uses on the main level. The site has proposed a park on the north east corner of the site. This park would be smaller than the typically required 1 acre minimum. However, we feel this amenity to the site would be greatly used by the tenants because there is not another park in the area. In lieu of paying required cash in-lieu (see calculation sheet), we propose to add improvements to the park in excess of the cash in-lieu value. See site plan for proposed improvements. The type of improvements proposed on the park are focused toward tenant uses. We are excited about continued growth within the Bozeman community and look forward to providing a site that both the City of Bozeman and owners can be proud of. 162 | 3 Setbacks Structures Setback Front Yard 7’ Rear 10’ Side Yards 5’ Parking & Loading Setback Front Yard 25’ Rear 10’ Side Yards 8’ Building Height 44’ max for gable roof or 38’ for flat roof. Main Level to have minimum 12’ ceilings & retrofittable to accommodate commercial uses. We are requesting to increase the maximum building height by 10%. The pitched roof is currently slightly higher than the code stated maximum height due to the increased ceiling height on the main level of both buildings to allow for future commercial uses. Use Type Apartments and Apartment buildings Permitted on floors other than main level Conditional use on main level Parking Provided: 1 bedroom = 1.5 spaces 2 bedroom = 2 spaces Building A & B each (12) 1 bedroom x 1.5 spaces = 18 spaces x 2 buildings = 36 spaces (12) 2 bedroom x 2 spaces = 24 spaces x 2 buildings = 48 spaces ` Total Parking Required = 84 spaces Total Parking on Site Provided = 84 spaces Total on Street Parking = 13 spaces Bike parking Required = 9 spaces (16 provided) *for bike rack detail see material board Open Space Required: 150 sf open space x (24) 2 bedroom units = 3,600 sf 100 sf open space x (24) 1 bedroom units = 2,400 sf Total Open Space = 5,000 sf Subtract units with private ground level 8’ patio (w 18” min. masonry wall) 59 sf patio x (16) units = 944 sf Subtract units with private 6’x6’ balcony 57 sf patio x (32) units = 1,824 sf Open Space Required = 2,232 sf (2343 sf provided) 163 | 1 Remington Apartments (Oct 7, 2015) 2220 Remington Way, Bozeman, MT Legal description: Kagy Crossroads Sub, S14, T02 S, R05 E, Block 2, Building Height Building Height 44’ max for gable roof or 38’ for flat roof Main Level to have minimum 12’ ceilings & retrofittable to accommodate commercial uses. We are requesting to increase the maximum building height by 10%. The pitched roof is currently slightly higher than the code stated maximum height due to the increased ceiling height on the main level of both buildings to allow for future commercial uses. 164 | 4 Parkland Calculations: 1.87 acres x 8 units per acre = 14.96 dwelling units x 0.03 acres = 0.4488 acres required (19,550 sf) Required Parkland = 0.449 ac (19,550 sf) (12,654 sf provided) Cash in-lieu for density above 8 units/ac = (1.87 acres x 12 units per acre = 22.44 dwelling units x 0.03 acres = 0.6732 acres required (29,325 sf) – 0.449 acres) = 0.224 acres (9774 sf) Required Cash in-lieu = 0.224 acres (9774 sf) Parkland Proposal: (See Park Value Clac)  Parkland to be Dedicated = 0.290 ac (12,654 sf) (Includes level area, amended soil, seeded and irrigated.  Remaining Dedicated Parkland Required to be substituted with Park Improvements with a value equal to 0.159 ac (6,896 sf).  Cash in-lieu value for park land not provided = 0.159 AC x $35,000 /AC ($0.80/SF) = $5533.86  Cash in-lieu for density above 8 units/ac = 0.2244 ac (9774 sf)  Cash in-lieu value = 0.224 x $35,000 /AC ($0.80/SF) = $7819.89  Parking for only providing park with 50% street frontage = to the value of 7 on street parking spaces.  Area for parking spaces not provided (7 spaces x 7ft x 24 ft) = 1,176 SF  Value of 7 spaces x $1166/ space = $8,162 Total Cash In-Lieu Due = $21,515.75 We propose adding improvements to the park as shown on the site plan in-lieu of paying stated dollar amount. The contractor’s estimated price for the Remington Park Improvements above and beyond the minimum park requirements is $34,891.00*. See contractor’s breakdown. *This value does not include the minimum park improvements required of level area, amended soil, seeding and irrigation. 165 3424 HIGHWAY 12 EAST, HELENA, MONTANA 59601 406-443-3225 FAX 406-443-1537 4610 TRI-HILL FRONTAGE ROAD, GREAT FALLS, MONTANA 59404 406-761-8707 FAX 406-761-3134 4498 JACKRABBIT LANE, BOZEMAN, MONTANA 59718 406-586-0889 FAX 406-388-4263 PO BOX 31511, BILLINGS, MONTANA 59107 406-248-3700 DICK ANDERSON CONSTRUCTION, INC. October 21, 2015 Locati Architects Attention: Laura Dornberger 1007 East Main, Ste. 202 Bozeman, MT 59715 Subject: Remington Apartments Park Improvements Laura, Dick Anderson Construction is pleased to present an estimate of $34,891.00 (thirty-four thousand eight hundred and ninety-one dollars and no cents) for the park improvements for the Remington Apartments project located in Bozeman, MT. The breakdown of this estimate is as follows: DIVISION DESCRIPTION ESTIMATED COST Division 1 General Requirements $5,154.00 Division 3 Concrete & Rebar $16,678.00 Division 4 Landscaping Boulders $3,087.00 Division 6 Fasteners for Forming Concrete $221.00 Division 13 Bball Hoop, Grills & Picnic Tables $9,751.00 Total Estimate $34,891.00 This cost estimate assumes the work will be done during the construction of the apartment buildings and during a time when no heat and cover will be required for the concrete. This estimate excludes any landscaping but does include $3,087.00 for landscaping boulders around the patio/picnic area. The drawings used for this cost estimate were supplied by Locati Architects on October 21, 2015. Thank you for the opportunity to quote this project. Please contact me if you have any questions 406-441- 3528. Dick Anderson Construction looks forward to working with you on this project. Sincerely, Daniel Wiegand Project Engineer Dick Anderson Construction Inc. 166