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HomeMy WebLinkAbout22375 Staff Report Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 1 of 25 Application No. 22375 Type Site Plan Project Name North 3rd Apartments Summary A proposal for an affordable housing development that will provide 216 housing units with a mix of 1, 2, 3, & 4 bedroom units, all of which are proposed to be deed restricted for thirty years and rented at a rate affordable to households earning no more than 60%area median income (AMI) levels. The proposal is utilizing shallow incentives allowed per BMC 38.380 Affordable Housing which were created to incentivize the increased production of affordable housing to meet the needs of city residents and the goals of the adopted growth policy and the community housing action plan. The shallow incentive being implemented is to require one parking stall per unit per Table 38.380.020-2 and 38.380.020-2.C.3.d. In addition, the applicant is requesting departure for housing creation to allow reduced common open space. An applicant may request 20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park. This development is adjacent to the City owned and maintained Westlake Park and meets the criteria in outlined in BMC 38.320.070.C to make the project eligible. The proposal includes the buildings, sidewalk construction and the extension of existing underground utilities as well as street improvements on North 3rd. The site is zoned R-5, Residential Mixed-Use High Density District. Zoning R-5 Growth Policy Urban Neighborhood Parcel Size 308,392 sf 2.3 acres Overlay District(s) None Street Address None Legal Description Lots 1 & 2, Block 1 of Westlakes Fourth Subdivision, located in East ½ of Section 1, Township 02 South, Range 05 East of P.M.M., Gallatin County, Montana. Owner DK Martinen, LLC, 401 Sunnyslope Rd., Yakima, WA 98908 Applicant Hooker DeJong Inc., Tiffany Ackerman, 316 Morris Ave, Suite 410 410 Muskegon, Michigan, 49440 Representative North 3rd Apartments, LLC, Chase Huber, PO Box 4108, Bellevue, WA 98009 Staff Planner Lynn Hyde Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 5/7/2023 to 5/29/2023 5/7/2023 & 5/12/2023 5/5/2023 & 5/12/2023 NA Advisory Boards Board Date Recommendation Development Review Committee 4/26/2023 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Design Review Board 5/15/2023 The Community Development (CD) Board acting in their capacity as the Design Review Board reviewed this project. The motion to recommend approval passed 7-1. Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 2 of 25 Decision Authority Director of Community Development Date 6-9-23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The Applicant proposed to the City a Site Plan (SP) to permit 216 affordable housing units in seven buildings located in the R-5 zoning district. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan complies with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this _6th_ day of _____June__, 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Department of Community Development for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL PLEASE NOTE THAT THESE CONDITIONS ARE IN ADDITION TO ANY REQUIRED CODE PROVISIONS IDENTIFIED IN THIS REPORT. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan immediately following conditional approval of the Site Plan. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 3 of 25 3. The applicant and owner must consent to the City recording an affordable housing covenant that implements the affordable housing plan immediately following conditional approval of the Site Plan. 4. A development agreement must be in place between the City and the applicant regarding the improvements to North 3rd Avenue pavement, curb and gutter, water, and sewer mains prior to final site plan approval. 5. Approval of the final engineering design must be obtained from the Engineering Department and the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 6. The proposed drive aisle connection to Ivan Avenue must be closed to vehicle traffic with an approved emergency vehicle-only access barrier. The barrier location and specifications must be submitted to and approved by the Fire Marshal and Planning Division prior to final site plan approval, and must be installed prior to occupancy of the first building. CODE REQUIREMENTS 1. BMC 38.230.100.A.11 and BMC 38.350.030 Use of lands, buildings and structures. There are currently two lots underlying the proposed site plan. Prior to final plan approval, the applicant must either aggregate the lots, or perform a boundary line adjustment that locates the lot lines in a manner that complies with all zoning requirements for lot size, dimensions, and setbacks to structures. In addition, reciprocal parking, access and stormwater easements may need to be provided. The parcels must either be aggregated into one lot, or a boundary line adjustment performed prior to final site plan approval. 2. BMC 38.410.030 – Water Adequacy. To satisfy the City’s water adequacy requirement cash in lieu of water rights (CILWR) must be paid prior to final site plan approval. A preliminary fee determination totals $161,114; however, prior to finalizing the fee the landscaping irrigation source and demands must be identified on the plans. If supplied from the City's domestic system, then landscaping irrigation demand will be included in the fee calculation. If a well will be used for landscaping irrigation, the demand will be excluded. If a well will be used for landscaping irrigation, a pre-determination from the DNRC confirming allowable use of the well must also be provided to the City. The City encourages the use of groundwater wells for irrigation when permitted. 3. BMC 38.410.060 – Easements. Provide a plan sheet showing the existing and proposed easements. All new easements will be required to be recorded in a form acceptable to the City including, but not limited to: a. 10 foot front setback private utility easement; b. public utility easements; c. 25’ pedestrian easement that travels east west through the site to access the park from N 3rd Ave; d. Pedestrian easement over sidewalk that runs north south on the western side of the property, immediately adjacent to Westlake Park; and e. Vehicular and pedestrian access along Drive Aisle D from North 3rd Ave to North 4th Ave. These easements must be executed and submitted to the City prior to final site plan approval. 4. BMC 38.420.030.D. Parkland. 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. Prior to final site plan approval, the applicant must submit a new cover sheet showing the correct parkland tracking calculations. The cash in lieu of parkland must be paid prior to final site plan approval. 5. BMC 38.420.060 – Park Frontage. In order to mitigate for not providing 100 percent street frontage around Westlake Park, the applicant has proposed mitigation measures. Two of the mitigation measures proposed are to construct parking lot or service access pads east of the existing community gardens as well as a drive access for Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 4 of 25 the BMX park. Prior to certificate of occupancy, the applicant must have constructed these park improvements in a manner acceptable to the Parks Department. 6. BMC 38.270.030.C.- Concurrent Construction. Prior to building permit issuance, the applicant must show that all criteria found within BMC 38.270.030.C.1 have been met in order to approved for concurrent construction. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 5 of 25 Figure 1: Current Zoning Map Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 6 of 25 Figure 2: Future Land Use Map Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 7 of 25 Figure 3: Proposed Site Plan - North Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 8 of 25 Figure 4: Proposed Site Plan - South Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 9 of 25 Figure 5: Proposed Landscape Plan – North Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 10 of 25 Figure 6: Proposed Landscape Plan - South Figures 7: Elevations – Building 1 / Clubhouse Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 11 of 25 Figures 8: Elevations – Building 2 & 6 Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 12 of 25 Figures 9: Elevations – Building 3 & 5 Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 13 of 25 Figures 10: Elevations – Building 4 Figures 11: Elevations – Building 7 Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 14 of 25 Figures 12: Elevations – Building 8 Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 15 of 25 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-5, Residential Mixed-Use High Density Yes Comments: Growth Policy: The Urban Neighborhood District primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. . . The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries.’ Zoning: The Residential mixed-use high density (R-5) district’s intent is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community’s residents. This proposed project is consistent with the growth policy because it is a small infill development of a greater density. This project is an infill project providing a higher density project in a walkable area of town with easy access to adjacent park and nearby schools. In addition, the project meets the goal of the growth policy of providing affordable housing units to the community. Applicable Growth Policy goals include, but are not limited to: • Goal N-1: Support well-planned, walkable neighborhoods. • Goal N-3.3: Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. • Goal DCD-1: Support urban development within the City. • Goal DCD- 1.2 – Remove regulatory barriers to infill. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: The units are proposed as rentals. Should the owners desire to convert them to condominiums at a later date, a separate Condominium Review application must be submittal for review. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 and must comply with BMC 38.360.100. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no known violations on the property or with the application. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 16 of 25 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes, with conditions & code requirements Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The project is proposed to be completed in one phase. The applicant has requested concurrent construction pursuant BMC 38.270.030.C. The Development Review Committee (DRC) reviewed the concurrent review request and found it adequate, so long as criteria found in BMC 38.270.030.C.1 are satisfied prior to building permit issuance. Refer to Code Requirement 6. The Community Development Board, acting in their capacity as the Design Review Board, reviewed this project at their May 15, 2023 meeting. The motion to recommend approval passed 7-1. Below is a summary of the discussion. Support • Applaud the 60% AMI being offered and recognize that affordable housing is something that is needed in the community. • The added density could support/spur additional retail in the neighborhood. • One member supported the departure to reduce required on-site open space due to the proximity of Westlake Park. Concern • Adjustments to the massing of buildings could make the project less of a ‘towering massing’ in the neighborhood. Would also increase daylighting for the internal units. • Would prefer the clubhouse to be centrally located. • Desire to have some retail or commercial node to create community options for the neighborhood. • Concern the design of the buildings was compromised to get as many units as possible. • Desire to provide less asphalt and buildings (perhaps through structured parking). • Bike parking is underprovided. • Some members desired balconies to be added which would help break up mass and blank walls, activate outdoor space, create community and put eyes on the street and parking lot. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes Comments: An affordable housing plan is required to be submitted, review and approved to receive the incentives requested within the Site Plan. Refer to Affordable Housing, BMC 38.380 discussed below in Section 5 for additional information. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Yes Form and intensity standards 38.320 Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 17 of 25 Zoning: R-5 Setbacks (feet) Structures Parking / Loading Yes Front 15’ NA Rear 20’ NA Side 5’ NA Alley NA NA Comments: The applicant is requesting a Table 38.320.070 departure for housing creation to allow reduced common open space. An applicant may request 20% reduction for any new development within one-quarter mile pedestrian travel distance of an existing park. This development is adjacent to the City owned and maintained Westlake Park. In order to qualify for this reduction, the project must meet criteria outlined in BMC 38.320.070.C. The proposal must meet criteria 1 and 2, and at least one of criteria 3-5 must be met. 1. The departure will result in at least one more home than would otherwise be possible. Applicant has stated the reduced open space requirement will result in 8-11 additional units. This criterion is met. 2. The purpose of the standard can still be accomplished if the departure is granted. The Applicant states that “the purpose of the standard is still accomplished by providing a dog park, playground, gazebo, and open exterior green space, which all provide usable space that provides leisure and recreational space for residents. The open space areas are all situated to accommodate or add to the residential setting and adjacent parks. The open space design that is provided will enhance the character and attractiveness of the development.” Staff concurs that the intent of the on-site residential open space which is to create useable open space that contributes to the residential setting is met. In addition, the proximity to the city park ensures the future residents will have adequate open space to enjoy. This criterion is met. 3. The departure will not impose negative impacts on surrounding property. There are no anticipated negative impacts on adjacent properties. Adequate setbacks are still being provided. This criterion is met. 4. The departure is applicable to missing middle housing. Not applicable as missing middle is defined as “a residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing.” This criterion is not met, however it is not mandatory to be met so long as either 3 or 5 are being met, which they both are. 5. The departure is applicable to an infill site. An infill site is defined as “The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surround by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” This site meets that definition. This criterion is met. Lot coverage Allowed: NA Yes Building height 52’ Allowed: <3:12 – 50’ >3:12 – 60’ Yes Comments: There is no maximum lot coverage. The larger apartment buildings are 52’, with a roof pitch of 12:9 which meets the maximum height limit. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project does not have a zone specific or overlay standards. General land use standards and requirements 38.350 Yes Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 18 of 25 Comments: There are currently two lots underlying the proposed site plan. Prior to final plan approval, the applicant must either aggregate the lots, or perform a boundary line adjustment that locates the lot lines in a manner that complies with all zoning requirements for lot size, dimensions, and setbacks to structures. In addition, reciprocal parking, access and stormwater easements may need to be provided. The parcels must either be aggregated into one lot, or a boundary line adjustment performed prior to final site plan approval. Refer to Code Requirement 1. The design includes front patios with weather protection that encroach 5’ into the front setbacks which is allowed per 38.350.050.A.3. Applicable supplemental use criteria 38.360 NA Supplemental uses/type None NA Comments: Not applicable. Wireless facilities 38.370 NA Affordable Housing 38.380.010 Yes Affordable housing plan Yes Comments: The proposal includes 216 affordable housing units. All units are offered for rent at 60% AMI for Gallatin County for a period of 30 years. The applicant is requesting a “shallow incentive” in the form of a parking reduction to one stall per dwelling unit which is allowed per BMC 38.380.020.C.3.d. In order to be eligible for the shallow incentives, the project must be providing greater than 5 percent of the homes at less than 120% AMI. This project is proposing 100 percent of the homes at 60% AMI, which meets the threshold to be eligible for both shallow and “deep incentives”. Note that while the proposal is eligible for deep incentives, the applicant is only requesting one shallow incentive. In order to be eligible for the incentives, the developer must submit to the City an affordable housing plan (AHP) that includes the information found within BMC 38.380.040.A. The Director of Economic Development (the review authority for the AHP) reviewed and approved the submitted Affordable Housing Plan (AHP) which is required in order to be eligible for the incentives. In addition to the approval of the AFP the applicant is required to enter into a binding contract with the City that is included in a separate recorded written agreement between the developer and the City, or incorporated into another recorded document in which the developer is required to implement the AHP. Refer to Conditions of Approval 2 & 3. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes Level of Service 38.400.060 Adequate Transportation grid adequate to serve site Yes Comments: The Engineering Department finds that the adjacent streets exist to serve the site and no additional dedication is required. The proposed design includes a drive aisle connection to the north to Ivan Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 19 of 25 Avenue that is part of the Homestead Townhouses subdivision. Ivan Avenue has a water and sewer easement over it, however there is no known general public access easement present. Due to the lack of public access easement, staff recommends condition number 6. Sidewalks 38.400.080 Yes Comments: Sidewalks along North 3rd will be provided by the development. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: The proposal has two drive accesses to public rights-of-way (ROW). There are two connections to North 3rd Avenue to the east as well as North 4th Avenue to the south. The proposed design includes a connection to the north to Ivan Avenue that is part of the Homestead Townhouses subdivision. Ivan Ave has a water and sewer easement over it, however there is no known general public access easement present. Due to the lack of public access easement, the connection will be required to be gated be an approved emergency access only barrier. The presence of the emergency access will benefit both the proposed North 3rd Apartments as well as the townhomes to the north who currently only have one access to North 3rd. Refer to Condition of Approval 6. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: Street vision triangles were reviewed and determined to be adequate. A pedestrian easement is required to provide access into the adjacent city park. This pedestrian easement is discussed in further detail under Section 6C. Refer to Code Requirement 3. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: The proposed project does not require a neighborhood center. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: A mid-block crossing was not required, however a 25’ easement is required to provide pedestrians access into the park in lieu of park frontage parking being provided along 100 percent of the park. This 25’ easement will act as a mid-block crossing and improve pedestrian connectivity and break up the length of the block If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 20 of 25 In order to ensure adequate public access to Westlake Park, the applicant is providing easements to access the park (Refer to Code Requirement 3). In addition, the applicant is constructing a parking pad adjacent to the Community Gardens as well as vehicular drive access adjacent to the BMX Park. These park improvements are required to be completed prior to the first certificate of occupancy. Refer to Code Requirement 5. To satisfy the City’s water adequacy requirement a cash in lieu of water rights (CILWR) must be paid prior to final site plan approval. A preliminary fee determination totals $161,114; however, prior to finalizing the fee the landscaping irrigation source and demands must be identified on the plans. If water is supplied from the City's domestic system then the landscaping irrigation demand will be included in the fee calculation. If a well will be used the demand will be excluded. However, a pre-determination from the DNRC confirming allowable use of the well must also be provided. The City encourages the use of groundwater wells for irrigation when permitted. Refer to Code Requirement 2. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by the Engineering Department and have received approval. Water and sewer reports must be finalized and certified by a professional engineer with infrastructure submittal. Refer to Condition of Approval 5. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: Location, design and capacity of stormwater facilities were reviewed by the Engineering Department and found adequate. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There are no watercourses present on the site, or adjacent to it, thus no setbacks or plantings are required. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A 8.02 acres X 8 units/ac = 64 units 64 units – 43 units (credit) = 21 units 21 du x 0.03 ac/du = 0.63 acres of land Yes Cash donation in lieu (CIL) 38.420.030 8.02 x 4 du/ac x 0.03 ac/du = 0.96 acres Yes Improvements in-lieu NA Comments: The subject parcel had a credit from the previous Westlake’s 4th Subdivision Plat which estimated 43 units on the subject parcel, thus there is a credit for 43 units. The applicant has requested to pay cash in lieu (CIL) of parkland dedication for the .63 acres of land owed. The Parks Department concurs with the justification provided by the applicant. In addition to the CIL for parkland owed, the proposal also owes cash in lieu for all units over 8 du/acre (not to exceed 12 du/acre). The combined total of these two CIL requirements will be required to be paid prior to final site plan approval. Refer to Code Requirement 4. In addition, the cover sheet of the submittal is required to provide a parkland tracking table. Prior to final site plan approval, the applicant must submit a new cover sheet showing the correct parkland tracking calculations. Refer to Code Requirement 4. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 21 of 25 Westland Park is immediately to the west and borders the subject parcel. BMC 38.420.060.A states that parks must have frontage along 100 percent of its perimeter on public or private streets or roads. The intent of this section is to provide for full public access to all perimeters of parks including bike, pedestrian, and vehicular access. In the case of Westlake Park, there are service access issues for the proper functioning of the BMX program and the community gardens that also must be considered in choosing mitigation options. See discussion of proposed mitigation measures below. Park Frontage 38.420.060 Yes, with code requirement Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: The City may consider not less than 50 percent of the perimeter if additional criteria or conditions are met. The applicant is proposing the below mitigation measures: 1. Pathways and drives with public access easement for pedestrians and vehicles east/west and north/south along the internal Drive D. 2. Parking lot service access/pad located east of community gardens. These improvements must be completed prior to certificate of occupancy. Refer to Code Requirement 5 3. Hybrid drive and pathway to the rear of BMX, potentially coinciding with the pathway of the stormwater sewer main. 4. North/south pathway along the west side of the development with public access easement. Refer to Code Requirement 3. 5. Provide pedestrian access in the form of pedestrian easements from N 3rd that travels west into the park and a pedestrian/ vehicular access easement that travels north from N 4th Avenue into the park, generally where the existing community gardens are. Refer to Code Requirement 3. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscape Yes Departure criteria None NA Comments: North 3rd Ave has a landscape block frontage classification. Buildings 1 (clubhouse), 2, 3, and 4 (apartment buildings) all face the N 3rd and are required to meet the landscape block frontage designation. The buildings are placed 15’ back, meeting the 10’ requirement. All buildings have entrances facing the street with adequate weather protection provided. In addition, landscaping is provided as is adequate sidewalks. The parking is located primarily to the rear of the buildings and in the limited cases where it is to the side of the building, adequate screening landscaping has been provided. Building 1 (the clubhouse) is required to have at least 25% transparency between 4’ – 8’ above the sidewalk. There is a proposed 27.5% transparency on the street side. For residential, at least 15% of the entire façade. Windows must be provided on all habitable floors. Buildings 2 & 3 have 19.6% transparency and windows on each habitable floor. Building 4 has 18.2% transparency on street facing side. Buildings 5 and 6 have a façade along a park, triggering the trail/park block frontage per 38.510.030.I which they are meeting the requirements for. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 22 of 25 All of the buildings have a façade that triggers the special residential block frontage standards along sidewalks and internal pathways. This is triggered when a residence with ground floor living spaces faces a sidewalk or pedestrian path in a residential development. The objective of this standard is to ensure privacy and security for residents, and an attractive and safe pathway. The applicant has worked to meet the intent of the special residential block frontage. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: The site’s non-motorized circulation was found to be adequate. Pedestrian paths are provided through the site as well as connecting entrances to the public rights-of-way. The site is providing public access easements to the park in two locations, as well as a north south connection on the eastern edge of the site (just west of Westlake Park). Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D Yes Comments: The internal drives meet the municipal code standards. On-site open space 38.520.060 Yes Total required 28,400sf (20% reduction) = 22,720sf Yes Total provided 26,238 sf Yes Comments: The applicant is requesting a 20% reduction in required on-site residential open space as the reduction will provide for additional housing. The project was found to meet the applicable criteria found in BMC 38.320.070.C required to allow for the reduction in open space. Refer to Section 5 for additional discussion on required open space departure. The open space is provided via a combination of clubhouse (community / exercise rooms / patio), shared common open space and private patio open space. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The trash enclosures are located for convenient access and are appropriately screened from adjacent public common areas, residential areas, as well as upper story residential uses with the trash enclosures covered horizontally as required. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 23 of 25 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes, with code requirements Parking requirements residential 38.540.050.A.1 216 Reductions residential 38.540.050.A.1.b See below discussion Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 271 Provided on-street NA Bicycle parking 38.540.050.A.4 33 Comments: The applicant is requesting a shallow incentive in the form of a parking reduction to one stall per dwelling unit which is allowed per BMC 38.380.020.C.3.d. Refer to Section 5 for additional discussion. Using the incentive, the applicant is required to provide on stall per unit, which totals 216 units. The applicant has exceeded the minimum and is providing 271 parking spaces including 8 accessible spaces. The number of bicycle parking spaces required is based on ten percent of the number of parking stalls required before any reductions are taken. Before the shallow incentives were applied, the projects parking calculations required 318 parking spaces, which then required 32 bike parking spaces. The proposal is providing 33 spaces for bikes to park. The applicant is proposing an inverted U bike rack which is an acceptable design. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: Not required for this project. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes The residential buildings are providing façade articulation through entries, weather protection features, change in building material and style and change in vertical modulation tied to a change in roofline. The largest buildings are approximately 170’ long and required to provide a feature to break up the massing of the building and add visual interest. The building is meeting the option found in BMC 38.530.040.E.2 which is 1. use a contrasting vertical modulated design component that utilizes a change in building materials that effectively contrast from the rest of the façade and 2. Is modulated vertically from the rest of the façade by an average of six inches. The design has articulated building entrances that are clearly defined and scaled proportionally. Where there is a blank wall present (considered a blank wall if it is over ten feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door), the applicant has treated it with additional landscape which is an acceptable treatment found in BMC 38.530.070.C. Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 24 of 25 Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The project is in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, parking lot landscaping, street frontage landscaping, acceptable landscape materials and street frontage trees. Landscaping of public lands 38.550.070 NA Comments: No landscaping of public lands is required other than the street tree along the frontages. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with this project. Any future signs proposed will require a sign permit. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The project conforms to the lighting standards found within BMC 38.560. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no mapped or known floodplains or wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public comment period was held from May 7 to May 29, 2023. Note the public comment period was extended due to an error in the original noticing mailing that did not include all owners within the 200’ radius. Staffs summary of the public comment is provided below: Public support was provided for: • The projects location and proximity to downtown services and public transportation. • The affordability component which is cited as being needed in Bozeman. Public concern was provided for: • Lack of on-site parking provided for the number of units proposed. Refer to Section 7d above for analysis and discussion on parking. • Lack of on-site open space provided. Refer to Section 7b above for analysis and discussion on required and provided open space. • Impacts to existing park and open space/trails. This includes impacts to Westlake Park to the west as well as a concern that the development of this property is removing open space from the City. Refer to Section 6c for the analysis and discussion on city Parks. In addition, the subject site that is proposed to be developed has been acting as an informal dog park and walking park for the neighbors and perceived as a public park. The fact that it has been informally used as such, does not preclude the property owners from choosing to develop the site consistent with the zoning designation and unified development code. • Connection to Ivan Ave to the north. The proposed site plan included a public right-of-way connection to Ivan Ave to the north as it was believed there was a public access easement on the adjacent property to the north. After receiving public comment that indicated there was only a utility Staff Report North 3rd Apartments Site Plan Application #22375 6/6/2023 Page 25 of 25 easement on Ivan Ave the City team confirmed they were unable to locate a public access easement. Thus the proposal now includes an emergency vehicle access only gate that is conditioned to be placed on the property line to preclude through traffic from the proposed development to the existing townhomes to the north. Refer to Condition of Approval 5. • Impact on infrastructure including streets (and intersections), stormwater, water and sewer. Refer to Section 6a and 6b for discussion on municipal infrastructure which was found to be adequate, or will be improved to a satisfactory condition. • Building height, size and massing. The proposal is meeting the form and intensity standards as discussed in Section 5. • No retail included. The zoning designation of R-5 is discussed in Section 1 and does not require commercial or retail to be included with developments. . Concern was also cited for the below items that staff does not provide a review nor opinion for: • Noise impacts • Increase in criminal activity • Effects on market value of existing homes • Effects of increased residential density 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes Comments: All required easements must be provided in an exhibit, approved and recorded prior to final site plan approval. In addition, either a lot aggregation or boundary line adjustment must be performed to ensure the lots are meeting the general land use standards. Refer to Code Requirements 1 and 3. To: Director of Community Development Fr: Brit Fontenot, Director of Economic Development C: Anna Bentley, Director of Community Development Date: April 28, 2023 RE: Approval of Affordable Housing Plan for Community Development Project North Third Apartments Site Plan identified as 22375 Pursuant to Sec. 38.200.010.H, BMC, as the duly appointed Director of Economic Development, I am the review authority for an affordable housing plan submitted pursuant to Chapter 38, Article 3 3, Division 300, BMC. I hereby approve the attached Affordable Housing Plan for the 22375 North Third Apartments Site Plan (the “Project”). I request you include in your approval of the North Third Apartments Site Plan the following conditions: 1. The applicant and owner, if different, must consent to the City recording a summary of the affordable housing plan immediately following conditional approval of the North Third Apartments Site Plan. 2. The applicant and owner, if different, must consent to the City recording an affordable housing covenant that implements the affordable housing plan immediately following condition approval of the North Third Apartments Site Plan. The notice of the affordable housing plan and the restrictive covenant must be recorded prior to issuance of a building permit for the North Third Apartments Site Plan. The proposed project will provide approximately 216 affordable housing units to the City of Bozeman. These units will be a mix of one-, two-, three-, and four-bedroom apartments all income and rent restricted at 60% of the Area Median Income (AMI). The project is seeking new issuance of tax-exempt bonds and 4% Low Income Housing Tax Credits (LIHTC) through the Montana Board of Housing and will extend the affordability requirements for a period of no less than 30 years. The proposal is utilizing the Shallow Incentives allowed per BMC 38.380 Affordable Housing, which were created to incentivize the increased production of affordable housing to meet the needs of city residents and the goals of the adopted Bozeman Community Plan, and the Community Housing Action Plan. The review authority has approved the Affordable Housing Plan for the N. 3rd Apartments project and finds that the plan includes all information required for the City to confirm compliance with the standards and criteria in BMC 30.380, including the standards in 38.380.030.A Incentives Available. The requested incentives include a reduction in the parking ratio to one stall per dwelling unit. The Affordable Housing Plan has been incorporated by reference in the Site Plan documents.