Commission approves Brookstone PUD rezoning for 48 deed‑restricted apartments with conditions on fire access, drainage and trees

The Livingston City Commission on second reading approved an ordinance rezoning property on Brookstone Street to create the Brookstone (Sheep Mountain) Planned Unit Development, allowing two buildings and 48 residential units that the applicant will deed‑restrict as affordable housing.

The commission's action follows staff analysis showing the proposal meets PUD objectives by supplying 100% of units as deed‑restricted housing — 17 units targeted at 50% of area median income (AMI) and 31 units at 60% AMI — and by accepting public benefits in exchange for density and fee incentives. The commission added a condition requiring the applicant to plant four new trees on the project site prior to certificate of occupancy, in consultation with city staff.

Planning staff and the applicant described site constraints and several technical items that remained to be resolved at building permit stage. Planning Director (name not specified in transcript) said the project relies on low‑income housing tax credit financing and that the developer will receive a density bonus (nine additional units under the PUD incentives) and a waiver of impact fees because of the deep affordability of the units. The applicant's architect, Scott Freeman, and engineer Derek Schultz told commissioners they will work with city departments to finalize details at building permit review.

Among the conditions approved, the commission requires: - A letter or agreement between the applicant and the Livingston Ditch Company, addressing conveyance or piping of ditch water through the property, before issuance of a building permit. - Revised parking and circulation design to meet Livingston Municipal Code parking standards and public‑works and fire code requirements. Staff offered two engineering options to protect sidewalk clearances: shifting both buildings roughly 3.5 feet east (to allow full‑size spaces on the west) or converting the west drive aisle to a one‑way with adjusted dimensions; the final approach will be approved by the public works director and the fire chief during permit review. - Installation of one additional hydrant on the south side and agreed locations for fire department connections (FDCs) as discussed between the applicant and the fire chief. - The added requirement that the applicant install four new trees on the project site prior to certificate of occupancy, in consultation with city arborist staff.

Planning staff and the fire chief advised that a 24‑foot two‑way drive aisle is preferable for ladder truck deployment, but that 20 feet may be acceptable with the proposed hydrant and FDC layout. Staff emphasized these remaining technical items will be resolved through the building permit process and will not trigger a re‑review of the PUD if addressed in the ways described in the approved conditions.

Commissioners who participated said they supported the project because it adds deed‑restricted rental housing and advances goals in the city housing action plan. Two commissioners recused themselves earlier in the meeting from this item because of personal conflicts disclosed on the record; the ordinance passed on the second reading by a majority of commissioners present. The commission also authorized the chair to sign a separate letter of support to the Montana Board of Housing for the project's 9% low‑income housing tax credit application.

The developer may proceed to final engineering and building permit submittal, subject to the ditch‑company agreement and the public‑works and fire chief approvals stipulated in the conditions.