HomeMy WebLinkAbout20153 Findings of Fact and Order20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 1 of 34
20153 City Commission Findings of Fact for the Arrowleaf Park and
Perennial Park (PUD) Preliminary Plan
Date: City Commission Public Hearing, August 25, 2020, at 6:00 pm held via WebEx. Information to join the WebEx meeting wasprovided the week prior to the City Commission meeting.
Project Description: A single phase Preliminary Planned Unit Development (PUD) application to allow 232 homes in multiple buildings and two non-residential buildings totaling 41,800 sq. ft. with an office, daycare, and medical office and relaxations to zoning regulations to numerous dimensional standards and a request for concurrent construction. The site is located on 12.776 acres and is zoned B-2 (Community Business District).
Project Location: 1880 Sacco Drive, Lot 3A of Minor Sub 407A, located in Section 1, Township Two South, Range Five East, P.M.M., Gallatin County, Montana
Motion: “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 20153 and move to approve the application subject to conditions and all applicable code provisions.” Motion passed 5-0
Decision Date: August 25, 2020
EXECUTIVE SUMMARY
Project Summary This project is a modification of an existing PUD. The site was originally developed with the Saccoccia PUD which was then modified with the Lowes PUD. These PUDs met the required performance points for a PUD by setting aside open space. The earlier PUDs also bound together all the lots in the development and restricted the ability to change allowed uses without the consent of the other lot owners. The proposed use of the site as housing requires consent of the other lot owners. The written consent forms have been provided as Limited Agent Authorizations – Appendix I.9. The effort to obtain these consent forms was lengthy and the responsibility of the private parties. The stated purpose of this Planned Unit Development (PUD) is to create a Low Income Housing Tax Credit (LIHTC) housing project with 232 homes. The project provides for
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 2 of 34 dedicated age restricted senior housing and non-age restricted housing. Several different styles of buildings are included. The LIHTC application included with the PUD submittal indicates a 46 year commitment for the project to maintain restricted rents. Two non-residential buildings are also proposed. The applicant proposes to meet PUD performance requirements by providing affordable housing. Final decision on LIHTC funding is pending.
If the project is not included with LIHTC then the project does not meet criteria for
approval. Subsequent to development approval as a PUD the applicant intends to create a condominium of the property in order to allow individual sections of the project to be under owner control. In order to achieve the desired outcome deviations from the Bozeman Municipal Code (BMC) zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.420.030.A.4. The intent of a PUD is to promote flexibility and innovation in development proposals within the City. The applicant can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default B-2 district. The Development Review Committee (DRC) Reviewed the application. Based on its evaluation of the application against the criteria, the Development Review Committee (DRC) found the application sufficient for continued review. The Design Review Board (DRB) is the design review advisory body to the City Commission on Planned Unit Developments. However, due to COVID the DRB is not presently meeting. The municipal code allows for administrative review of applications when the DRB is not available. The administrative design review staff reviewed the application instead. Application materials are very extensive. They are available online at: http://weblink.bozeman.net/WebLink8/0/fol/211007/Row1.aspx
• Documents - http://weblink.bozeman.net/WebLink8/0/fol/218430/Row1.aspx
• Plans - http://weblink.bozeman.net/WebLink8/0/fol/218463/Row1.aspx
• Appendices - http://weblink.bozeman.net/WebLink8/0/fol/218371/Row1.aspx
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 3 of 34
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................. 11
SECTION 3 - CONDITIONS OF APPROVAL ..................................................................... 11
SECTION 4 – CODE PROVISIONS ..................................................................................... 13
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 15
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 30
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 31
APPENDIX B – PROJECT BACKGROUND ....................................................................... 32
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 32
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 32
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 32
ATTACHMENTS ................................................................................................................... 34
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 4 of 34
SECTION 1 - MAP SERIES
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 5 of 34 Vicinity Zoning classification – Appendix B3
Vicinity Future Land Use Designation – Appendix B.4
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 6 of 34
Vicinity Current Land Use – Appendix B.1
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 7 of 34
Illustration of site at completion
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 8 of 34
Watercourse Planting Plan – Sheet L 302
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 9 of 34
Overall Civil Site Plan – Sheet C3.0
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 10 of 34
Landscape Plan – Sheet L 300
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 11 of 34
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES See submitted application Document VI – List of relaxations and justifications for locations of specific requested relaxations and Appendix B.7 for a map locating where they apply on the site. 1. 38.310.040.C Authorized Uses - Eliminate need for Conditional Use Permit for ground floor residential (initially requested but not required as PUD process addresses this
requirement) 2. 38.320.050 Min. Floor to Ceiling Height -Reduce minimum floor to ceiling height for onsite residential buildings and a portion of the commercial buildings 3. 38.410.040.B Block Length - Allow a block length of 600 feet to accommodate the Senior-Living facility. 4. 38.410.040.D & D.1 R.O.W. Width - 7 foot public access easement with no setbacks 5. 38.510.030.J.1-2 Special Residential Block Frontage Standard - Specify Building Face measurement 6. 38.520.070 Service Areas -Relaxations for screening and covers of trash receptacles (request for relaxation for overhead covers has been withdrawn) 7. 38.530.070.B Blank Walls - Exempt certain wall areas from the Blank Wall provisions and propose a project specific definition for blank walls 8. Table 38.540.050-1 Parking Minimums - Reduce the required parking for 1-bedroom senior units from 1.5 to 1 required spaces; and for 3-bedroom units from 3 to 2 required spaces (reduction for 3 bedroom unit is not required as all affordable homes
have a capped parking maximum of two spaces) 9. 38.360.240.E.1 Rowhouse Yard Width - Less than 12 feet dimensions for specific rowhouse yards The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all requested relaxations with the adoption of the staff analysis and findings below for justification, and conditions of approval.
SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 12 of 34 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners’ association documents as approved: a. 38.320.050 Minimum Floor to Ceiling Height -Reduce minimum floor to ceiling height for onsite residential buildings and a portion of the commercial buildings b. 38.410.040.B Block Length - Allow a block length of 600 feet to accommodate the Senior-Living facility. c. 38.410.040.D & D.1 R.O.W. Width - 7 foot public access easement with no setbacks d. 38.510.030.J.1-2 Special Residential Block Frontage Standard - Specify Building Face measurement e. 38.520.070 Service Areas -Relaxations for screening f. 8.530.070.B Blank Walls - Exempt certain wall areas from the Blank Wall provisions and propose a project specific definition for blank walls g. Table 38.540.050-1 Parking Minimums - Reduce the required parking for 1-bedroom senior units from 1.5 to 1 required spaces h. 38.360.240.E.1 Rowhouse Yard Width - Less than 12 feet dimensions for specific rowhouse yards 3. Prior to issuance of a building permit, the applicant must provide written confirmation that the site has been awarded LIHTC funding and the Montana Board of Housing has accepted the proposed LIHTC covenant and documents as adequate to meet all requirements to ensure the project will be subject to monitor maximum price controls for a period of 20 or more years. 4. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. 5. In association with the reduced on-site parking, Applicant must provide covered bicycle parking equal in number (74 ) to the Applicant’s request for reduction in vehicle parking spaces; and these covered bike racks should be placed close to building entrances. The bike racks near the Senior housing must be covered. Location and design of cover shall be provide with the final PUD application. 6. For the middle buildings, the waiver from 510.030.J. 1-2 waiver from the 10-ft setback from the sidewalk, (per Special Residential Block Frontage setback), is conditioned on the Applicant planting mid-size vertical (3-4-ft in height) shrubs or grasses as landscape screening between the sidewalk and any windows on the ground floor of those buildings. Applicant may reconfigure existing proposed landscaping or may add landscaping to satisfy this condition.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 13 of 34 7. Any revisions to the parkland proposal deemed significant by Parks or Planning Division staff must be reviewed by the Recreation and Parks Advisory Board prior to final PUD approval. 8. Per definition of a lot in 38.700.100, parcels under the same ownership will be treated as one parcel. The trail must extend through the property to the north. Please adjust the IILP accordingly and ensure that 25-foot-wide public easement is provided the entire length prior to Final PUD submittal. 9. A bus stop is proposed as part of the project. The final PUD plan shall indicate the general location of the proposed stop. Before any construction begins on any bus stop elements, the applicant shall confirm with City Engineering and Legal departments that all requirements for locating a bus stop have been satisfied. 10. The proposed subdivision exemption including all required easements shall be recorded prior to the first certificate of occupancy on the site. If the subdivision exemption is not filed then the trail easements required to comply with park and trail design standards must be provided through another means. 11. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following prior to final Planned Unit Development approval: a) Street improvement to Sacco Drive including paving, curb/gutter, sidewalk, lighting, and storm drainage b) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, lighting, and storm drainage c) Street improvements to Tschache Lane including paving, curb/gutter, sidewalk, lighting and storm drainage d) Intersection improvements to N. 19th Avenue and Tschache Lane e) Intersection improvements to N. 19th Avenue and Baxter Lane The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plan approval.
SECTION 4 – CODE PROVISIONS 1. BMC 38.200.100 The final planned unit development plan must be submitted, reviewed, and approved prior to issuance of a building permit. Until a building permit is issued site disturbance is limited according to this section.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 14 of 34 2. BMC 38.230.050 No occupancy of any building may be granted until all terms and conditions of plan approval have been complied with and all improvements installed, or financially guaranteed where acceptable to the City. 3. BMC 38.230.180 - No building permit will be issued until the final PUD documents are fully approved. 4. BMC 38.270.030.D Provide the necessary documents and final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 5. BMC 38.400.080 and 38.400.110 Provide a public access easement on the east side of Sacco to include the north/south sidewalk and from the existing easement to one foot east of the sidewalk for all sidewalks depicted on the site plan, prior to final PUD approval. 6. BMC 38.410.130 Payment of cash-in-lieu of water rights must be provided prior to final PUD approval. 7. BMC 38.420.030 Payment of cash-in-lieu of parkland must be provided prior to final PUD approval. 8. Section 38.420.030.D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation must be stated on the final plat or plan as appropriate. The current preliminary proposal is considered an estimate because CILP appraisal values may change prior to final plan approval. Please correct rounding error in the application calculations to show a total requirement of 2.60 acres and equivalent dollar value estimate of $181,209.60 9. 38.420.110.C. “Related facilities” includes trailhead signage at each end of the trail and ADA curb ramps and crosswalks striping at the intersection with Tschache Lane. Please discuss proper location and specs with Engineering and show these corrections with Final PUD submittal. 10. 38.420.110.F. Pathway easements are required 25-feet in width extending between Tschache and Baxter Lane with Final PUD submittal. 11. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 15 of 34 by the city commission as part of its approval of the preliminary plan have been met. Minor amendments may be permitted between preliminary and final PUD plan subject to the limits of the code. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 12. BMC Chapter 40 All standards for provision of water, sewer, and storm water must be met.
SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations and decisions are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this Findings of Fact is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. The advisory boards and City Commission considered the following:
1. Conformance to and consistency with the City’s adopted growth policy Yes. The future land use designation is Regional Commercial and Services (RCS) and is zoned B-2 (Community Business District). Table C-16 of the Bozeman Community Plan shows B-2 zoning as implementing districts of the Regional Commercial classification. The proposed use is a blend of residential and non-residential uses including medical offices, offices, and daycare. Future change in use of the non-residential buildings is expected over the years and so long as they remain compliant with zoning standards a modification to the PUD will not be required. Two residential home types are proposed including rowhouse and apartments. Use of B-2 zoned ground for residences requires a conditional use. In evaluating this criteria the overall balance of the project is considered. Some policies may be advanced and others not but if the project advances the growth policy overall the standard is met. The project is in overall conformance to and consistent with the
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 16 of 34 City’s adopted growth policy, the Bozeman Community Plan, including the following goals and objectives:
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. The proposed project is mixed use. The project site has been vacant since initial platting in 2007. The site has been annexed for over 24 years. Therefore the site is underutilized.
Regional Commercial and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be
included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development. Emphasis added The application seeks to use the majority of the ground floor area of the site for residential uses. The description of the RCS land use category says residential “should not” be a primary use. The City Commission has implemented this direction by establishing ground floor residential as a conditional use in the B-2 zoning district. Conditional uses are generally inappropriate in a zoning district but may under certain factual circumstances be acceptable, see 38.230.010.D, BMC. The applicant asserts that the provision of higher density, affordable housing, in close proximity to a variety of employment and services, overcomes the presumption of unsuitability and makes the application acceptable.
Goal C-2: Community Circulation — Create a circulation system both vehicular
and pedestrian that is fully connected, integrated, and designed for ease of
use.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 17 of 34 The layout and design of the circulation system is designed for residents and internal use. The adjacent streets of Tschache Lane and Sacco Drive are already constructed. The City will be undertaking the completion of N. 15th Avenue to connect with Tschache Lane and providing a necessary circulation link. There are few accesses into the site due to adjacent wetlands and stormwater facilities. The applicants are proposing enhancement and redevelopment of an existing trail connection from Tschache Lane to Baxter Lane. Internal and external sidewalks connect to and through the site.
Objective 1.1 - Encourage and support the creation of a broad range of housing
types in proximity to services and transportation options.
Objective 2.3 - Support infill development and the preservation of existing
affordable housing and encourage the inclusion of additional affordable
housing in new infill developments. The proposed project provides two forms of housing, rowhomes and apartments. All the proposed homes are price and income restricted for a period of 46 years. A portion of the project is age restricted housing. The site is located near grocery and other commonly accesses services. A medical clinic and daycare are proposed to be located in the two non-residential buildings. For more information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property.
3. Conformance with all other applicable laws, ordinances, and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the B-2 district if the PUD is approved. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. A PUD allows an applicant to propose alternate standards for a development. This flexibility must be, and has been with this application, coupled with tools to address issues that may arise from not following the normal standards of the municipal code. If both the PUD relaxations and the conditions of approval are approved, the development
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 18 of 34 meets standards through the alternate compliance method allowed for a PUD. See further discussion on PUDs below. In addition to satisfying zoning standards, the project must comply with Engineering design standards and building codes. Review in these two areas continues. Minor corrections or modifications may be required to conform to these standards. Such minor modifications can occur between preliminary and final PUD approval.
4. Conformance with special review criteria for applicable permit type as
specified in article 2
Yes. The CUP and PUD criteria are reviewed below. The project meets the requirements and
criteria as presented with conditions of approval and applicable code provisions.
5. Conformance with the zoning provisions of article 3, including permitted uses,
form and intensity standards and requirements, applicable supplemental use
criteria, and wireless facilities and/or affordable housing provisions if applicable Yes. The ground level residential use is permitted in the B-2 district as a conditional use. Unlike many communities, the City of Bozeman does not regulate minimum home size (the International Building Code does have minimum habitable space standards which are met) deferring to individual preferences within an open housing market to establish house size. See the intent statement for the B-2 zoning district in Appendix B. The purpose of the development is to provide several styles of affordable housing types for rental. The project is not a subdivision and therefore does not trigger compliance with the City’s affordable housing ordinance. As noted in the deviations request list above some adopted standards are altered with this plan. Lot coverage and building heights, design of individual buildings, and parking area design comply with standards. The B-2 zoning district does not have a minimum land area per person or home. The B-2 zoning district is primarily a non-residential district and ground floor uses are typically commercial in nature. Section 38.320.050 establishes the form and intensity standards for the B-2 district. These standards include a minimum height for the first floor of any building. This standard enables the building to be effectively repurposed as tenants change. The proposed residential buildings are committed as residences for 46 years according to the LIHTC application and will therefore likely remain as constructed. Therefore, the requested relaxation from the minimum floor height standard appears reasonable. Rowhomes are subject to special standards in 38.360.240. Applicant has requested a relaxation from paragraph E for configuration of one of the rowhouse yards. Overall size remains adequate.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 19 of 34 This project is meeting park requirements by improvements to the adjacent existing trail and by payment of cash-in-lieu of parkland as is allowed for all residential development, see criterion 6. Only the rowhouses have private rear yards. The remaining required open spaces are provided by shared areas and balconies. Use of the shared spaces will be controlled by the property owner.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions,
and park and recreational requirements Yes. Planned Unit Development procedures allow for creative alternatives to City standards. The project site is unusually large at 12.7 acres. Normally such a site would be subdivided and then developed. On larger blocks the City has established standards in 38.410.040.D, for pedestrian connections. Those standards include spacing and width of pedestrian rights of way. Applicants have requested relaxations from right of way widths from 30 to 7 feet. Connection goes from Sacco Drive to the trail on the east side of the project site. A standard concrete sidewalk will be provided as required and maintained by the property owner. Easements for public access will be provided. Applicant has provided a revised traffic study. Evaluation of that study is underway and corrections may be required based on the outcome of the evaluation. The applicant proposes providing primarily cash-in-lieu of parkland dedication to meet the required parkland dedication along with some improvements to the existing trail along the eastern side of the property. There are no existing parks within approximately half mile that do not require crossing a five lane street, see Appendix B.2 maps. The applicant is providing an on-site playground as part of the required private open space for the project. The Bozeman Parks and Recreation Department and the Recreation and Parks Advisory Board (RPAB) are supportive of the proposed park improvements plan. Parkland dedication in the B-2 zone is capped at 12 dwelling units per acre. The proposed project density is in excess of 12 dwellings so some of the dwellings were not required to provide park mitigation. Site plan sheet SP000 has the calculations for determining the 2.59 acres or equivalent to be provided. The equivalent cash or improvements in-lieu are valued at $180,512.64. The applicant is providing an improvements in lieu plan valued at $39,902 as part of the overall amount with the balance being provided as money. There are some minor corrections and revisions needed to correct a rounding error and address a rebalance of the money paid as a portion of the total owed. The RPAB has proposed a condition for the trail to be rehabilitated all the way between Tschache Lane
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 20 of 34 and Baxter Lane. This will increase the amount of the total mitigation that is used for improvements in lieu. It does not increase the total amount due for mitigation. See below for discussion on Planned Unit Development criteria.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the site and
adjacent neighborhoods and other approved development; design and
arrangement of the elements of the plan; landscaping; open space; lighting,
signage; Buildings are located adjacent to the streets to provide ready access and an appealing presentation of the site to the street. Parking is being met by on-site and on-street parking facilities and connected with the pedestrian connections. The applicant has requested a relaxation to the number parking stalls to be provided. Site plan sheet SP000 has the calculations for parking. There are some errors in the calculation that result in more parking being included in the calculation than is required. All affordable housing is limited to a maximum parking requirement of 2 parking spaces per home. Sheet SP000 identifies a rate of 3 spaces for each three bedroom home. This inflates the parking requirement by 40 spaces. Therefore, the portion of PUD relaxation 8 relating to 3 bedroom homes is not required. Adjusting the calculation shows a parking requirement for the residential uses of 319 stalls for the 232 homes. Ninety-two of the single bedroom homes are part of the age restricted senior housing complex. Including the non-residential uses raises total calculated parking to 400 spaces. The applicant is proposing to provide 389 spaces, a 19% overall parking reduction for all uses. The City authorizes a number of parking sharing or other parking reductions as part of site development, see 38.540.060 and 38.540.070. These enable, when demonstrated, the City to require a lesser number of parking spaces without need for variances or similar actions. This site includes both residences and other uses. These differing uses have different peak parking demand. Also, the daycare may provide services for young children residing in the homes. It is unknown how many exactly would be served and explicit reductions in parking needed as a result. Typically, a shared parking arrangement is between two private parties. Here, it is a larger site under single ownership. However, the functional operation of parking needs remain the same. Effectively, there is an opportunity for vehicles associated with the non-residential buildings to take advantage of available residential parking spaces left open at off-peak demand times. The non-residential uses require 81 parking spaces, the residences are providing 352 on-site parking spaces, a ratio of 1:4.3. Therefore, the request to provide fewer parking spaces than if all uses were independently providing parking seems reasonable and supports the reduction in required parking.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 21 of 34 A PUD must demonstrate superior design to what would be achieved by following the minimum adopted standards, see 38.430.030.A.4.c. The ADR staff recommend in exchange for the reduction in residential parking and to attach a superior outcome that the applicant provide an equal number of covered bicycle parking spaces to the number of parking spaces reduced by the PUD. The applicant, see sheet SP000, has requested to provide 72 fewer residential parking spaces. Therefore, the applicant must provide 72 covered bicycle spaces distributed throughout the project and including those nearest the senior living building. This does not result in a greater number of bicycle spaces being provided but does provide weather cover which supports bicycle utilization. Other LIHTC projects in the community have provided covered bicycle parking as part of their projects. The City’s standards for building layout and design are organized in sets called block frontage. Each block frontage applies to certain kinds of areas and uses. With the layout of this site several block frontages apply. The applicable block frontage for the internal areas of the site and for buildings adjacent to drive aisles is Special Residential. The Special Residential block frontage requires the use of one of three alternatives for providing privacy and separation between homes and the circulation areas of the site. Relaxation 38.510.030.J.1-2 is requested to enable the design to include certain unoccupied building areas to encroach into the setback from the sidewalk. This enables the buildings to be placed closer to the drive aisles and sidewalks than otherwise allowed. The site layout included a number of ground level patios to provide private open areas for residents of individual homes. The Administrative Design Review (ADR) staff suggest that the landscaping in the open area be reconfigured to provide additional privacy and screening to offset the reduced separation between the private and public spaces. The standards for service areas require vegetative screening and overhead cover for trash enclosures. The applicant has requested a relaxation from 38.520.070 to omit the overhead cover and provide reduced vegetative screening. The walled enclosure and doors will be constructed. The ADR do not support this relaxation. If the City Commission does not grant the relaxation then the applicant will revise their plans prior to final PUD approval to include the required elements. The applicants propose an alternate standard for blank walls for three portions of the project as described in the Relaxation and Justifications document. 38.520.070.B describes the base standard and dimensions of what constitutes a blank wall. Staff finds the relaxation to have no material effect on the application. The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to,
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 22 of 34 building mass and height, landscaping, orientation of parking and building placement on the site. See discussion in various criteria above.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and if the
development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with
public access to and use of that area There are extensive wetlands east of the property. A portion of the adjacent area already has a trail corridor. The site plan proposes to largely avoid disturbance of any wetlands and setback areas. The trail placement conforms to code requirements. The trail is proposed to be rehabilitated with this project. With this application, the existing trail in the larger parcel will be relocated further away from the wetlands to decrease the impact to the wetlands. Adjustments will be made to continue the trail through the open space parcel per code correction and condition above and the new location will be reviewed for compliance at Final PUD submittal. Staff finds that the impacts to the wetlands are being decreased with this proposal. Trail surface is adequately separated from the watercourse and wetlands and no negative impact is anticipated.
9. Conformance with the natural resource protection provisions of article 4 and
article 6 There are no known floodplains on the site. The application avoids development in the wetlands or water course setbacks. Application meets standards. See Application Appendix D for wetland information.
10. Other related matters, including relevant comment from affected parties No public comment has been received. The formal public comment period began on August 8th with posting of the site and will continue until closure of the public hearing before the City Commission. The hearing will occur on August 25, 2020. Any comments will be provided for public review.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 23 of 34
11. 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:
a. 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
b. 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 applicant also owns the parcel to the north which is dedicated to the collection and treatment of stormwater for Minor Subdivision 407. This is unusual and contrary to current standards but was allowed at the time of the original subdivision. There is a specific note on the original plat of Minor Subdivision 407 addressing this situation. The project site does not depend on the northern lot to a greater degree than the other lots in Minor Subdivision 407. City has reviewed this criteria and finds that the application satisfies this criterion.
12. Phasing of development No phasing is proposed. Therefore, per 38.270.030
Conditional Use Permit Review Criteria, Section 38.230.110, BMC. E. In addition to the review criteria of section 38.230.100, 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 site is adequate and conforms with all standards if the relaxations are approved. The adjacent uses are commercial in nature, separated by streets to the west and south, and to the north and east separated by open areas and streams.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 24 of 34
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; No adverse impacts to abutting properties have been identified. Residential use is a permitted use in the B-2 zone. The PUD addresses the required conditional use review for ground floor residential in the B-2 zone. No adverse effects have been identified.
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; The applicant has requested concurrent construction of infrastructure as well as buildings as allowed under 38.270.030.D. There are a number of documents and agreements required to meet the standards of that section. The required items are completed after preliminary approval and before final approval of the planned unit development. Staff finds that upon completion of the required items, concurrent construction is acceptable for this site so long as fire access and water supply are maintained to all structures.
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 It is necessary to ensure the functioning of the trail corridor between Tschache Lane and Baxter Lane. An easement may be needed to legally establish the corridor. If the
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 25 of 34 applicant can demonstrate an easement has previously been provided no additional easement is required. A trail corridor was established in this area with prior development. A subdivision exemption is being processed concurrently with the PUD to modify existing easement locations and road dedications. The draft plat shows a trail corridor easement which will meet the required corridor standards.
n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner.
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 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 PUD plan process.
Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default B-2 district. The stated purpose of this Planned Unit Development (PUD) is to provide affordable housing and services in support of persons with incomes below the median income in the community. In order to achieve the desired outcome relaxations from the Bozeman Municipal Code (BMC) zoning regulations are proposed with this application. Requested relaxations are listed in Section 2 of this report.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 26 of 34 The review criteria are intended to enable evaluation of whether or not the stated outcome is achieved. In this case the applicant suggests that the following items offset the PUD alterations and enable to the future development to work during the development cycle and over the long term: a. Development of the site from conception to construction, occupancy, and long term management is from a single entity rather than separation of the subdivider and builder. b. Provision of 232 homes committed to affordable housing for a period of at least 46 years as shown in the LIHTC application. The application presents the applicant’s response to these criteria in the Statement of Planning Objectives contained in the Documents folder of the application materials. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development
shall be reviewed against, and comply with, the applicable objectives and criteria
of the mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 2 and the deviations from the design standards as described in the design reports.
(2) Does the project preserve or replace existing natural vegetation? The project will remove the majority of existing vegetation. This is normal on a previously undeveloped site. The wetlands and watercourse to the east of the property are not being disturbed more greatly than allowed in code. The rehabilitation of the trail will cause a temporary disruption. Appropriate stormwater controls will be provided to avoid excessive damage.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized
and cohesive planned unit development? Yes, layout responds to the shape of the site and adjacent conditions. Access to the site is properly located. There is an extensive internal circulation system with connections to external trails and sidewalks.
(4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selection and
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 27 of 34
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project? Yes, this project proposes, but is not required to provide, placement of photo-voltaic arrays on multiple buildings. Approval of this project includes placement of the arrays whether placed with initial construction or at a later time. Site is adjacent to existing pedestrian and vehicular travel facilities.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project? Yes, the layout provides some physical separation between buildings. Landscaping is provided at ground level to provide screening for patios. Staff has required additional screening to meet this requirement as the applicant has requested a relaxation to enable some of the buildings to be closer to the sidewalk than normally allowed. The site is an urban density apartment project and the project design reflects the higher intensity. Individual patios, balconies, or yards are provided for most homes to provide personal space.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of
park land or open space been provided for each proposed dwelling as required by section
38.420.020? Yes, see discussion under site plan criterion.
(7) Performance. All PUDs shall earn at least 20 performance points. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Point values for different public benefits are established in 38.430.090.E.2.a(7). Applicant materials related to this criterion are provided in Documents VIII-Performance Points folder. This application is a modification to a previously approved PUD. The Saccoccia PUD was originally approved with all the performance points by using open space. The Lowes PUD amended the Saccoccia PUD but continued the open space method of performance compliance. The present proposal amends the earlier PUD to remove all required open space for performance points. Open space will remain on individual sites with the Saccoccia PUD until formal applications are made to develop those areas. The Arrowleaf Park and Perennial Park PUD proposes to replace the points previously provided through open space with points provided by the provision of affordable housing. There are two options for providing affordable housing, by donation or by contractual obligation. The application proposes contractual obligation.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 28 of 34 (ii)Three points for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, and annual re-certification. The city's affordability guidelines and subsequent revisions establish affordability and eligibility, The application provides homes which are restricted to affordable housing due to the LIHTC funding source for the project. This meets the contractual obligation standard. If
the LIHTC funding is not received then the ability of the project to meet the
required standard for commitment to long term affordability is not met and the
project does not provide the required performance points. The application exceeds to the required number of performance points if long term affordability for 20 or more years is provided. Application Appendix E provides additional information and description.
(8) Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not become
an isolated "pad" to adjoining development? The site is distinct in character from the exclusively commercial adjacent development. Therefore, a degree of separation is appropriate. The site is separated from adjacent development by streets and wetlands. The proposed site design provides a well interconnected pedestrian network with the site and properly located connections to the adjacent sidewalks and trails.
c. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-
2M, B-3 and UMU zoning districts) may include either commercial or multi-
household development; however, adequate but controlled access to arterial
streets is required. Activities may include a broad range of retail and service
establishments designed to serve consumer demands of the city area.
(1)If the project contains any use intended to provide adult amusement or
entertainment, does it meet the requirements for adult businesses? Not applicable, no such uses are included.
(2)Is the project contiguous to an arterial street, and has adequate but controlled access
been provided? The project is not contiguous to an arterial street. Tschache Lane is a local street and Baxter Lane is a collector street. Sacco Drive is a local street and connects Tschache Lane and Baxter Lane. Access from Baxter Lane on Sacco Drive is less than a tenth of a mile and access along Tschache Lane is approximately two tenths of a mile from N. 19th Avenue. Adequate and controlled access is provided.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 29 of 34
(3)Is the project on at least two acres of land? Yes. The site includes 12.776 acres.
(4)If the project contains two or more significant uses (for instance, retail, office,
residential, hotel/motel and recreation), do the uses relate to each other in terms of
location within the PUD, pedestrian and vehicular circulation, architectural design,
utilization of common open space and facilities, etc.? The site includes primarily residential uses but also offices and a daycare. Site and parking layouts provide proper connectivity and layout and conform to code.
(5)Is it compatible with and does it reflect the unique character of the surrounding
area? The site places the offices and daycare along the primary adjacent street. The site places residential properties with required setbacks adjacent to open spaces and watercourses expanding the separation of buildings from these areas. There is not a unified architectural character in the surrounding area.
(6)Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas which contain more than ten spaces? Not applicable. There are no proposed or anticipated off-site parking areas. There is parking along the street which is connected.
(7)Does the project encourage infill, or does the project otherwise demonstrate
compliance with the land use guidelines of the city growth policy? The site is located on property annexed for over 24 years. See discussion under site plan criteria for growth policy compliance.
(8)Does the project provide for outdoor recreational areas (such as additional
landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those
living in, working in or visiting the development? The site provides the required on-site open space through a combination of patios, balconies, playground, open space, and protection of wetland and watercourse setbacks. Connections to the existing trail system and enhancement of the trail system are provided as part of the site plan and the park dedication requirements.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 30 of 34
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a a mix of residential and non-residential buildings with relaxations to zoning regulations described in Section 2 of this report and a request for concurrent construction. The purposes of the preliminary plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plan and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plan of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this findings of fact, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development Director for a period of not more than six months at a time consistent with the requirements of Section 38.230.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 31 of 34 DATED this 15th day of September, 2020 BOZEMAN CITY COMMISSION ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: __________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned 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. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit.
Adopted Growth Policy Designation: The property is designated as Regional Commercial
and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 32 of 34 the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development.
APPENDIX B – PROJECT BACKGROUND For a summary of the project and the history of the project see the Project Summary provided in the application materials at http://weblink.bozeman.net/WebLink8/0/doc/218445/Electronic.aspx
APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on August 9 and 23, 2020. No written public comments were received regarding this project. Persons spoke in support of the application at the August 25, 2020 Commission meeting. See the video of the meeting for details.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Christian Center First Assembly of God, Inc., 921 W. Mendenhall St. Bozeman MT 59715
Applicant: GMD Development LLC, 520 Pike Street, Seattle WA 98101
Representative: Intrinsik Architecture, 111 N. Tracy Avenue, Bozeman 59715
Report By: Chris Saunders, AICP Community Development Manager
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 33 of 34 Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040.
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624
20153 Findings of Fact for the Arrowleaf Park and Perennial Park Preliminary PUD Page 34 of 34
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available online at: http://weblink.bozeman.net/WebLink8/0/fol/211007/Row1.aspx
• Documents - http://weblink.bozeman.net/WebLink8/0/fol/218430/Row1.aspx
• Plans - http://weblink.bozeman.net/WebLink8/0/fol/218463/Row1.aspx
• Appendices - http://weblink.bozeman.net/WebLink8/0/fol/218371/Row1.aspx
DocuSign Envelope ID: BF0D6AB3-FB12-4E9B-BC0A-5B8F555C3624