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15439, Staff Report for the Sundance Apt Conditional Use Permit & Site Plan
Date: City Commission hearing is on October 3, 2016
Project Description: A Conditional Use Permit (CUP) and Site Plan to allow the
construction of 216 apartments in multiple buildings at 3605 Baxter Lane, Lot R,
Baxter Meadows Phase 2B Major Subdivision. Also referred to as Lot 2, Phase A
and a portion of Lot 3, Phase C, Sundance Minor Subdivision (pending final plat
approval). Application includes provision of parkland, open space and site
improvements. The CUP is to allow residential use on the ground floor in a B-2
District.
Project Location: The property is addressed at 3605 Baxter Lane, legally described as Lot
R, Baxter Meadows Subdivision, Phase 2B (J-506) situated in the Southeast One-
Quarter (SE ¼) of Section 34, Township One South (T1S), Range Five East (R5E),
P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Do not approve
Recommended Motion(s):
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 15439 and move to deny the Sundance Apartments Conditional Use
Permit.
Report Date: September 29, 2016
Staff Contact: Tom Rogers, Senior Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
Staff recommends denying the application as submitted. Pursuant to Section 38.19.010,
BMC certain uses, while generally not suitable in a particular zoning district, may, under
certain circumstances, be acceptable. A conditional use permit (CUP) must meet all criteria
in 38.19.100 and 38.19.110. When such circumstances can be demonstrated by the applicant
to exist, a CUP may be granted by the review authority. The applicant has not demonstrated
that circumstances exist to grant this CUP. Staff finds the application does not meet review
criteria to grant a CUP.
The application fails to meet criteria in 38.19.100 and 110.E. In summary, Staff finds:
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1. The site for the proposed use is not adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
not adequate to properly relate such use with the land and uses in the vicinity;
2. The proposed use will have material adverse effect upon the abutting property.
Additional findings of compliance or non-compliance are presented in Section 6.
The fundamental issue for the Commission to consider with the CUP request is the absence
of the commercial uses. The City has created its land use regulations to address community
needs today and over the foreseeable future. The lack of commercial use will hobble the
City’s ability to provide a suitable location for the designated commercial center to serve the
residences (see discussion under site plan criterion 1 and included by this reference here).
The building design and site plan will not support future conversion of the building from
residential to a commercially viable space on a scale the growth policy land use designation
describes and directs.
The City has the ability to revoke a CUP if conditions of approval are not met. Examples
where such a revocation could occur are service of alcohol for on-premise consumption,
medical offices, or an extended stay lodging in an R-1 district. In each of these circumstances
revocation would still allow functional use of the property for principal uses. For this
application, revocation is not functionally viable as the physical layout and construction is
not readily convertible to other principal uses in the B-2 district.
If the Commission determines the application meets the criteria for granting a CUP, the
Commission must make alternate findings from those within this staff report. Prior to formal
approval, we recommend the Commission allow time for the staff to draft written findings in
support of the Commissions’ oral findings. In addition, should the CUP be approved, we
recommend the Commission delay consideration of the site plan component of this
application as we believe necessary conditions of approval and code corrections for the site
plan are required. These site plan deficiencies and corrections were identified during review
of the application by the Development Review Committee. A complete list of draft
conditions and code corrections were provided to the applicant independent of this report.
Project Summary
The applicant is proposing an all residential development in a commercially zoned area. This
is the proposed second phase of the Sundance apartment complex. Residential use on the
ground floor within the B-2 District requires a Conditional Use Permit. The intent of this
application is to receive approval for ground floor residential before installation of required
infrastructure.
The proposed development is located on Lot R, Baxter Meadows Phase 2B Major
Subdivision. Lot R includes a build restriction that states that required on site and off site
infrastructure was not installed and the parcel must undergo subdivision review and approval.
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Although the parcel has preliminary plat approval, no infrastructure has been installed and
therefore the parcel has not received final plat approval. The subdivision proposed
commercial parcels as is consistent with the Land Use Designation and Zoning. Residential
uses were not proposed, contemplated, or reviewed during the analysis, recommendation or
findings for the preliminary plat. As described in Section 6 below, design consideration of
commercial subdivisions is different than for residential subdivision creating a number of
code corrections. Therefore, a modification to the approved preliminary plat is required to
accommodate residential use.
The initial application was only for a CUP to allow the ground floor residential use in the B-2
zone district. However, the CUP review criteria demands concurrent site plan review in
order to evaluate whether or not 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 or are not adequate to properly relate such use with the land and
uses in the vicinity, whether the proposed use will have material adverse effect upon the
abutting property, and to determine that any additional conditions of approval are required to
protect the public health, safety and general welfare. As a conditional use the City reserves
the right to revoke a CUP. Revoking a CUP for an entire development from residential back
to commercial would create a myriad of planning and building code compliance challenges.
The development proposes the construction of 216 apartments in multiple buildings within
Lot R, Baxter Meadows Phase II Major Subdivision in six (6) phases. Also referred to as Lot
2, Phase A, Sundance Subdivision; pending final plat approval. Application includes
parkland, open space and site improvements. The CUP is to allow residential use on the
ground floor in a B-2 District.
The overall development will include one 36 unit building, seven 24 unit buildings, one 12
unit structure, a club house, pool; surface and covered parking is proposed. This is the
second phase of the Sundance Apartments. Sundance Apartments Phase 1 was reviewed and
approved by the City Commission on October 15, 2012: File Z12-220 to develop an
apartment complex of 195 dwellings in seven residential buildings and with six accessory
buildings for parking and one for administration. The apartments are a mix of 48 one
bedroom, 123 two bedroom, and 24 three bedroom units. Phase one required a CUP to place
residential uses on the first floor.
Parkland for the parcel now being considered was not addressed with the Baxter Meadows
subdivision or the Sundance Minor subdivision. Therefore, should the CUP be approved,
parkland will be required as a condition of approval for the site plan. Parkland is being
proposed on a separate parcel southwest of the proposed development.
The Development Review Committee is not recommending approval of the proposed project.
Staff found the application does not overcome the burden to show the proposal meets the
criteria specified for the granting of a conditional use and associated site plan.
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The Applicant provided the following narrative of the project with their application:
Applicant Narrative (partial)
From page one of the applicant narrative, “Sundance Apartments II is
designed as a second phase to the existing apartment complex known as
Sundance Apartments at Baxter Meadows. Sundance Phase I has been
very well received in the market. While the second phase will vary
somewhat from the first phase in architectural style and amenities, the
quality will remain high.
This site for Phase II located just to the east of the first phase of apartments
on the 9.132 acre parcel. This parcel is currently zoned B2, as is the site on
which we build Phase I. The B2 zone allows for apartments on the second
and third floors. For Phase I, we submitted and received approval of
conditional use that allows apartments on the ground level. We are seeking
the same conditional use for this site.
The applicant, Baxter Meadows Land Partners, is owned by real estate
developers specializing in commercial and high-density residential
development across the western United States. This site is part of a 40-acre
piece of property located near the southeast corner of the Baxter Meadows
community. All of our property is zoned B-2.”
This application was originally scheduled for review on July 11, 2016. At
the applicant’s request the review date was continued to August 8, 2016
and then to August 15, 2016. To ensure adequate public notice the
application was re-noticed pursuant to 38.40.030, BMC.
Alternatives
1. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report. Review of the site plan would not be required because
the plan does not conform with the City’s development standards without the Conditional
Use Permit; or
2. Consider the Conditional Use Permit and if the Commission is inclined to approve it,
make alternate findings and request staff, prior to Commission formal approval of the
CUP, to prepare a revised staff report based on the Commission findings. The CUP and
site plan application would be brought back before the Commission for consideration
with conditions of approval. The Commission would be asked to review the park plan
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associated with the site plan. If approved the applicant would be required to obtain final
plat and plan approval prior to the issuance of a building permit on the site; or
3. Open and continue the review on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 - MAP SERIES .................................................................................................... 6
SECTION 2 - REQUESTED DEVIATIONS/VARIANCES ................................................. 14
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 14
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 14
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 15
Conditional Use Permit Review Criteria, Section 38.19.100, BMC. ............................... 15
Plan Review Criteria, Section 38.19.100, BMC. .............................................................. 20
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 37
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 38
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 38
FISCAL EFFECTS ................................................................................................................. 38
ATTACHMENTS ................................................................................................................... 39
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SECTION 1 - MAP SERIES
Subject
Property
Park
Area
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Subject
Property
Park
Area
152
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Subject
Property
Park
Area
153
Page 9 of 39
Site Plan
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Landscape Plan
155
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General Location Map
156
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Deficient Intersection Illustration
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Preliminary Plat of Sundance Minor Subdivision
158
Page 14 of 39
SECTION 2 - REQUESTED DEVIATIONS/VARIANCES
No deviations or variances are requested with this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
No conditions of approval or code corrections are included with this report. This report
concludes that the application does not meet the criteria for granting the Conditional Use
Permit.
If the Commission makes alternate findings and determines the application meets the criteria
for granting the CUP, Staff recommends the Commission, prior to approval of the site plan,
to allow the staff to present it with recommend conditions and code corrections.
Recommended conditions and code corrections will be prepared with a revised staff report
written in the affirmative to support each condition and code correction at a later date. These
deficiencies and corrections were identified during review of the application by the
Development Review Committee and staff. A complete list of draft conditions and code
corrections were provided to the applicant.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
Recommendation is for denial, no code corrections required.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) considered the conditional use permit and Site
Plan applications on February 24, 2016. The DRC found that the applications were
insufficient for further review. Revised application materials for the referenced Site Plan
application were received by Community Development on May 20, 2016. The DRC continued
their review of applications on Wednesday, June 8, 2016. The DRC found that the application
is sufficient for continued review and recommended to deny the application to the City
Commission. Staff based this recommendation on the failure of the application to comply
with review criteria as discussed in Section 6 of this report. The DRC did, however, include
conditions of approval and code corrections regarding the site plan should the City
Commission make alternate findings and approve the CUP.
The Parks & Recreation Advisory Board (RPAB) met on Thursday, March 3, 2016 to discuss
the site plan application. The RPAB recommended approval of the park and improvements-
in-lieu of parkland dedication to the Commission with revisions.
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The City Commission is scheduled to consider the proposal on October 3, 2016. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 pm. The application is complex and involves multiple development
review procedures to be completed. If the CUP is approved, additional steps are required to
complete the application prior to issuance of any building permit on the site (see Section 6,
Site Plan criterion No. 2).
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively, in conjunction with testimony and evidence
provided during the public hearing, this information is the record of the review. The analysis
in this report is a summary of the completed review.
Pursuant to Section 38.19.010, BMC certain uses, while generally not suitable in a particular
zoning district, may, under certain circumstances, be acceptable. A conditional use permit
(CUP) must meet all criteria in 38.19.100 and 38.19.110.
Conditional Use Permit Review Criteria, Section 38.19.100, BMC.
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The conditional use permit is required for ground floor residential use in the B-2 District
pursuant to Table 38.10.020, BMC. The applicant provided a full project narrative including
a land use study. Both of these documents are attached to this report. These documents
provide statements in support of granting the conditional use permit for residential use on the
ground floor.
Staff Response
This criterion has not been met. In order to meet this criterion an application must meet all
site plan criteria. The fundamental issue for the Commission to consider with the CUP is the
absence of the commercial uses. The proposed residential development will have an adverse
impact on the function and viability of the commercial node within which the development is
located. The City has created its land use regulations to address community needs today and
over the foreseeable future. The lack of commercial use will hobble the City’s ability to
provide a suitable location for the designated commercial center to serve the residences in the
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vicinity (see discussion under site plan criterion 1 and included by this reference here). The
building design and site plan will not support future conversion of the buildings from
residential to a commercially viable space on a scale the growth policy land use designation
describes and directs.
In addition, concentration of one housing type within the Baxter and Davis quadrant is
contrary to the site plan criteria seeking a diversity of housing types throughout the
community. Utilization of the CUP process to remove nearly 12 acres from a critical
commercial node effectively diminishes the viability of the remaining commercial land and
also adversely impacts the existing residential development in the area by creating a land use
pattern that does not support a walkable sustainable neighborhood. The mix of uses in the
area was a key component to the value of the residential properties on the surrounding lands.
In addition, commercial uses often support one another to create a viable commercial node.
Reduction of the commercial node by one-third reduces the viability of commercial
development on the remaining commercial acreage.
As is noted in the analysis of the site plan, incorporated into this criterion by reference,
several aspects of the site plan do not conform with the site plan criteria. As such, because of
those failings, staff finds several aspects of the proposal (discussed herein) are not adequate
to relate the proposed use with the land and uses in the vicinity.
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. The proposed development is residential and offers
only one type of housing with no mixes of residential and commercial uses. The City’s
Unified Development Code assumes commercial buildings within the B-2 zone district with
supporting or secondary uses as less intensive activities or residential uses. The City
encourages mixed-use to foster mutually supportive activities to maximize the utility of
public infrastructure. Pursuant to Section 38.10.10, BMC the intent and purposes of the
commercial zoning districts are to establish areas within the city that are primarily
commercial in character and to set forth certain minimum standards for development. The
purpose in having more than one commercial district is to provide opportunities for a variety
of employment and community service opportunities within the community.
Fundamentally altering the use within the district, creating a residential district from a
commercial district creates noncompliance. The B-2 district assumes commercial buildings
with supporting or secondary uses as less intensive activities than in the B-3 zone district.
The increased yard requirements, lot coverage, heights, architectural style, circulation,
accommodation of delivery of goods and services layout, building entrances, and other
considerations support a combination of primary commercial and secondary ancillary uses.
All permitted uses on the ground floor within the B-2 district are commercial. Therefore, a
new building should be designed as a commercial building to accommodate commercial
activity and, if a CUP is approved, be converted to meet the needs of residential use. In this
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case the building is designed only for residential use. As noted above, if the CUP were
revoked, the proposed buildings and site are not configured for commercial uses.
Pursuant to Section 38.19.110.I, BMC conditional use permits are approved based on an
analysis of current local circumstances and regulatory requirements. Over time these may
change and the use may no longer be appropriate to a location. Just such a change has
occurred in the northwest quadrant of Baxter and Davis. Sundance Apartments Phase 1,
located to the west of Phase 2, see Section 1 Map Series for general location map, developed
an apartment complex of 195 dwellings in seven residential buildings and with six accessory
buildings for parking and one for administration. This development included residential use
on the ground floor requiring a CUP. Phase 1 was reviewed and approved on October 15,
2012; File Z12-220. At the time, there were limited multi-family residential options in the
immediate area. Since that time, parcels north of the proposed site have been platted for high
density residential development. Multi-household housing is currently being constructed on
these parcels. Nearby properties zoned and developed for high density residential use are a
change in local circumstance from the time the City Commission considered the CUP for
Sundance Phase 1. The Sundance Phase 1 site had also previously been platted, and a
conditional use permit for residential previously been issued for the site. The Sundance Phase
1 site had also been depicted for residential purposes with the original Baxter Meadows
PUD.
Community Commercial nodes are intended to provide services for a minimum of a one mile
radius as discussed in Chapter 3 of the Bozeman Community Plan. Therefore, on-site
changes in use can have substantial impacts on off-site properties. Land uses in the vicinity
of the proposed development include a range of residential densities and undeveloped
commercial and residential lands. The Sundance Phase 1 development is adjacent to and
immediately west of the site under consideration. Low density un-annexed residential
development is to the east across Davis Lane, however that are is also planned for
commercial uses. The land to the north and south is currently vacant. The land to the north
is zoned R-4, high density residential and the land to the south is zoned B-2. The land on the
east side of Davis Lane falls under the County zoning jurisdiction. The residential density is
calculated at 23.65 units per acre for Sundance Phase 2.
In addition, Staff is unable to fully anticipate, and therefore address, the suitability of the
proposed use without the establishment of all required infrastructure. For example, the
proposed location of the park is central to the commercial district. Although including park
area near and/or adjacent to commercial development can be advantageous, this location will
be surrounded by three sides on future commercial development and activity. The
intersection of Davis Lane and Baxter Lane is not functioning at the required level of service.
It has not been demonstrated that adequate sewer capacity is available for the proposed
intensity of development. See further discussion in site plan criteria 5 and 12. Staff cannot
support the conditional use permit due to deficient infrastructure.
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Finally, as noted in the analysis below, converting residential use to commercial will create
additional demand for parking which may not be ameliorated by the City’s parking
provisions for mixed use/shared use parking facilities. Also as noted below, there are
deficiencies in the street layout which cause the site to not “properly relate such use with the
land and uses in the vicinity.” The land use change may not be permitted due to limited
parking availability unless the future use has a lesser parking intensity such as warehousing.
However, a use such as warehousing would then have inadequate circulation alternatives
within the site and the buildings are not configured to support it.
The Sundance Minor Subdivision was reviewed and approved as a commercial subdivision.
Nearly half of the area within this subdivision will be consumed by this development
proposal (28.21 and 11.982 acres). The reduction of available commercial land changes this
commercial node from a large scale center to smaller community commercial area (see page
3-12, Bozeman Community Plan).
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;
This criterion has not been met. Staff considers this criterion in terms of the impact of the
proposed use on the neighborhood as the property is within a designated community
commercial node. The cumulative effects of removing an additional 12 acres from
commercial use in this community commercial node adversely affects the viability of this
area to serve as a commercial node in the future. The B-2 zoning district anticipates a wide
range of uses, including residential. However, residential use is purposefully designated on
second and subsequent floors or below grade to allow a full range of commercial activities on
the ground floor.
Utilization of the CUP process to remove nearly 12 acres from a critical commercial node
effectively diminishes the viability of the remaining commercial land and also adversely
impacts the existing residential development in the area by creating a land use pattern that
does not support a walkable sustainable neighborhood. The mix of uses in the area was a key
component to the value of the residential properties on the surrounding lands. In addition,
commercial uses often support one another to create a viable commercial node. Reduction of
the commercial node by one-third reduces the viability of commercial development on the
remaining commercial acreage.
The analysis under the site plan review criteria, below, is incorporated by reference into this
CUP criteria. Adverse impacts to abutting and nearby properties have been identified in the
analysis below due to inadequate street connectivity and capacity, incomplete subdivision
improvements, inadequate stormwater facilities, and inadequate site plan element integration
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with the surrounding area. Further, the impacts of changing a large scale commercial area to
a small scale commercial area by approving this CUP would increase vehicle miles traveled
to commercial/office goods and services at the regional scale. See site plan criterion 1 for
further discussion (incorporated herein by reference). Historically, residential development
has followed commercial development. The current paradigm has altered that equation so
that commercial development follows residential development. There is significant land in
the immediate vicinity to accommodate considerable residential development to support
commercial activity. In addition, recent interest in the area suggests residential development
will continue supporting the need for an alternative to the N 19th corridor. There are many
more alternative sites for residential uses than commercial uses in the area.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
Numerous deficiencies have been identified under other criteria. The proposed development
does not comport with CUP criterion No. 1 and 2 and therefore, no specific conditions are
included to rectify deficiencies or to protect the public health, safety and general welfare.
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As described under Alternatives in the Executive Summary, if the Commission determines
the proposed use is appropriate in this location, staff will prepare recommended conditions of
approval to address Section 38.19.110.E.3, BMC.
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.
If the Commission were to approve the CUP, the necessary recording of documents will be
addressed as part of the final plan process and will be required prior to approval of the final
site plan as noted under Section 3 above, if approved.
Plan Review Criteria, Section 38.19.100, BMC.
As provided in the executive summary, for an analysis of the CUP criteria, Staff must
evaluate the accompanying site plan. The purpose of this section is to provide analysis that is
incorporated into and supports the analysis of the CUP criteria and also to stand alone as a
review of the site plan.
The City Commission and applicant are advised that the following review summarizes issues
applicable to identified criteria. If a specific item or requirement is not listed it does not, in
any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
Not met. The proposed apartment building complex does not comport with and is not
consistent with the Bozeman Community Plan. The Bozeman Community Plan designates
the subject property as Community Commercial Mixed Use according to Figure 3-1 (Future
Land Use Map). The property’s location adjacent to two arterial streets and the size of the
commercial node results in a large commercial mixed use area. These are intended to service
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the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. This large scale node designation has been in place since 2001. This node
was established to provide services to the entire NW quadrant of the community.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
size and are activity centers for an area of several square miles surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are typically
distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10
to 15 acre size range and are intended to provide primarily local service to an area of
approximately one-half mile radius.
The description of the Community Commercial Mixed Use classification states that it is
desirable to allow residences on upper floors, in appropriate circumstances and high density
residential areas are expected in close proximity. The proposed plan only includes residential
use for the development.
Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park
amenities are anticipated, appropriately designed for an urban character. Placed in proximity
to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and
transit circulation shall be provided. Although the proposed development includes pedestrian
access throughout to serve the residents of the complex the development’s overall design
scheme does not include greater connectivity to the surrounding community. Required block
lengths are exceeded as described in Section 38.23.040, BMC. Additional block length may
be allowed to accommodate commercial development when defined criteria are met. This site
has not been reviewed through the subdivision review process to accommodate residential
use at this scale. Based on the current design it would be functionally impossible to convert
these buildings and site plan into a functional commercial node as described in the intent and
purpose section of this zoning district and the Community Plan. Therefore, this criterion is
not met.
This commercial node consists of a total of approximately 86 acres, 25 of which is un-
annexed area to the east reducing available commercial property to 61 acres with a growth
policy designation of Community Commercial Mixed-Use. Sundance Phase 1 converted
6.748 acres into residential use. Sundance Phase 2 would remove another 9.132 plus 2.85
acres for required parkland totaling 11.982 acres. The result is a 31% loss of available
commercial area to meet the future needs of the community. A 75,000 square foot grocery
store needs approximately 8 acres to be developed. The Safeway on the corner of Main
Street and 19th Avenue is a 58,000 square foot store sitting on 7.47 acres excluding the
commercial pods (Bozeman Deaconess urgent care and outpatient services) on the northwest
corner of the site. Additional loss of B-2 land in this area will further limit the functional
ability of the commercial node to be developed as intended.
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The original Baxter Meadows development (of which this is a part) identified a large
commercial area as an essential part of its design. Many other residential subdivisions have
been platted within the overall area of the Baxter Meadows development. Proximity to
commercial services for the residents of the Baxter Meadows development was part of the
original design and is reflected in the City’s future land use and zoning maps. The effect of
the CUP is to remove a large portion of the commercial area from commercial use which is
disadvantageous to the existing residents of the Baxter Meadows subdivision and
surrounding area.
There are significant development activities including the Bozeman Sports Park, Billings
Clinic, and a new high school, and infrastructure improvements in the general area that will
accommodate residential growth creating more demand for commercial activities. Finally,
the City needs an alternative commercial district to 19th Avenue to maintain a functional
transportation network.
In response to staff comment for this CUP application, the applicant provided a land study,
the Baxter Meadows Land Use Study, showing there is an oversupply of commercially zoned
property to meet current needs. However, Bozeman’s population is expected to be
approximately 60,000 individuals by 2034 and will provide services to many thousands of
additional persons in southwest Montana. Unlike at the time of approval of Sundance 1,
discussed below, there are now significant development activities in this section of Bozeman
including the Bozeman Sports Park, Billings Clinic, a proposed new high school, and
infrastructure improvements in the general area that will accommodate residential growth.
All of this development will require commercial services. Transportation improvements will
further support growth on the northwest side of Bozeman.
Bozeman’s Growth Policy has, however, promoted a center-based commercial development
beginning in the 2001 plan update. This concept remains a sound one that is relevant to
growth and change in Bozeman. It simply requires a longer time horizon for some planning
ideas, such as more center-based commercial development, to be realized. Therefore, many
of the planning concepts promoted in the 2001, Bozeman 2020 Community Plan have been
carried forward into the current plan.
The purpose of the Community Plan and implemented by the development code is to
facilitate the democratic determination and implementation of the public policies which
guide the community’s physical development. As such growth policies are long term policy
documents to facilitate efficient use of limited resources for schools, water, sewer,
transportation, land use, environmental quality, and other related issues. The subject area has
been identified as a primary commercial area to accommodate the needs of the rapidly
growing community for the indefinite future, not just the next five to 15 years.
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High Density Residential Development
The City previously approved residential uses on the ground floor on an adjacent property.
See Section 1 Map Series for general location map. This development included residential
use on the ground floor requiring a CUP. Phase 1 was reviewed and approved on October
15, 2012; File Z12-220.
Staff supported and the Commission acted favorably on the Sundance Phase 1 CUP and site
plan due to: 1) the site being shown as a residential use within the original Baxter Meadows
PUD, and 2) a previous CUP having been approved on that site which had expired. These
conditions do not apply to the facts of this application. Further, infrastructure functionality
and intensity of development in the area have changed in the intervening five years.
The Four Points subdivision (adjacent to the north and west) platted large multi-household
lots on 54 acres, zoned as R-4, in April 2015. Development has been approved and multi-
household buildings are being constructed and will shortly be occupied.
While approval of Sundance Phase 1 was appropriate for the time and scope of development,
over the past five years conditions have changed significantly. Staff has consistently
informed potential developers in the area of the importance of maintaining the commercial
function of the designated commercial node. Staff feels approving the CUP would undermine
the long term function and viability of the community commercial node.
2. Conformance to this chapter, including the cessation of any current violations
Not met. The site is currently vacant and no zoning violations are identified.
Additional processes are required for the proposed plan. These include, if the CUP is
approved, material modifications to the approved preliminary plat, final plat review and
approval, master plan review and approval, installation of substantial transportation
improvements, and final plan review and approval. Recommended conditions of approval are
not included with this report. However, plan elements that are not in compliance with
chapter 38 are listed below.
a) The level of service (LOS) for the intersection of Davis Lane and Baxter Lane is
inadequate and prior to any building permit either a variance application must be
submitted and approved or the intersection upgraded. On July 25, 2016 the City
Commission discussed that if an intersection is listed on the three (3) year Capital
Improvement plan for upgrade the developer may not be required to make improvements
to a deficient intersection. The intersection of Davis and Baxter Lanes is listed on the
three year CIP Plan. Please see Deficient Intersections illustration in Section 1 of this
report. The Director of Public Works may grant an exception under 38.34.010.E, BMC.
b) The applicant proposes construction in six (6) phases. A Master Site Plan may be
required or necessary pursuant to Section 38.19.120, BMC to show how functional
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infrastructure, circulation emergency access, and other systems will be maintained at all
times.
c) The Sundance Minor Subdivision did not include a Planned Unit Development; therefore,
concurrent infrastructure construction is not permitted. All infrastructure including
streets, water, sewer, sidewalks, etcetera must be installed prior to issuance of a building
permit, Section 38.39.030, BMC.
d) The proposed master park plan includes improvement-in-lieu of parkland dedication.
The City requires a certificate on the final plat detailing park dedication. The Sundance
subdivision was review and approved as a commercial subdivision and did not include
required park certificates, Section 38.06.040, BMC.
e) Parkland requires 100 percent of its perimeter on a public or private streets or roads,
Section 38.27.060, BMC. The location of this park is on a portion of Lot 3, Phase C
Sundance Minor Subdivision. Sundance subdivision does not show a street or road
bounding the proposed park on the east side, only a 25 foot public access easement to
meet the Block standard of Section 38.23.040, BMC.
f) Site development requires suitable water, sewer, transportation network, and other
infrastructure capacity. Primary accesses to the site (Kimberwicke Street, Galloway
Street, Equestrian Lane, and a new unnamed street) are not constructed. Subdivision
review ensures the transportation network, parcel size, parkland, stormwater controls, and
other city services are created and constructed to allow subsequent development to occur.
In this case the Sundance Minor Subdivision was reviewed and approved as commercial
subdivision. Final plat application has not been submitted. Therefore, no infrastructure
has been installed, streets have not been dedicated and the overall circulation design is
predicated on permitted uses allowed in a B-2 district.
g) Block length for commercial centers is considered differently from residential
subdivision to insure the movement of goods and services vs. residential vehicular traffic
and pedestrian movement for varying mobility levels. Block length does not comply with
required standards.
h) Similarly, the original subdivision was considered commercial and therefore, did not
contemplate the requirements of Section 38.23.020, BMC neighborhood centers. The
proposed development, including park area, exceeds the threshold requiring a
neighborhood center.
i) Section 38.10.020, BMC allows residential use on the ground floor with an approved
CUP. The intent of this land use process requirement is to have residential on second and
subsequent floor to support the anticipated commercial activities at ground level. In
addition, pursuant to Section 38.19.010, BMC certain uses, while generally not suitable
in a particular zoning district, may, under certain circumstances, be acceptable. When
such circumstances can be demonstrated by the applicant to exist, a conditional use
permit may be granted by the review authority. Conditions may be applied to the issuance
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of the permit and periodic review may be required. The applicant has not demonstrated
what circumstances exists to grant this CUP.
j) Pursuant to Section 38.10.060.A.4, BMC, floor-to-ceiling height states that in all
commercial districts all commercial floor space provided on the ground floor of a
building shall have a minimum floor-to-ceiling height of 12 feet. Based on earlier
comments from staff the applicant revised the plans to show this minimum floor-to-
ceiling height. The clubhouse building retains an 11 floor floor-to-ceiling height. If the
Commission grants residential ground floor use these buildings would no longer be
defined as commercial and therefore, this standard is not a requirement. Maintaining a
viable space for future commercial space may necessitate this standard for all buildings
within the development.
Therefore, in addition to other findings in this report, the submittal of this CUP is
inconsistent with the underlying subdivision and does not conform to Chapter 38 of the
municipal code.
3. Conformance with all other applicable laws, ordinances, and regulations
Met. This criterion applies to items not included in Chapter 38, Unified Development Code.
Beyond what is identified in this report no conflicts have been identified. Additional steps
are required to comply with Chapter 38 procedures such as application for final site plan and
building permit which will be addressed as appropriate in the future. The construction plans
will be further evaluated against the requirements of the International Building Code at the
time application is made for a building permit.
4. Relationship of site plan elements to conditions both on and off the property
Not met. This criterion is not limited to only adjacent parcels. The proposed project does not
provide adequate visual and functional links to adjacent properties; there are negative
impacts to the street grid, and block length criteria are not met.
The site design functions as an insular unit by providing circulation, parking, pedestrian
access, and other amenities to residents of the complex. There are no through streets to
promote a grid street network with block lengths of 715 and 561 feet respectively.
Block size is an important part of community design and strongly influences travel patterns
and a sense of integration into the larger community. The street pattern is one of the most
enduring elements of land development and shapes the community for many decades. None
of the justifications allowed under 38.23.040 to exceed block size standards from east to west
are applicable to this application. Mid-block crossing are provided in an attempt to meet
Section 38.23.040, BMC. Because the pathways do not extend the width and length of the
development and terminate at the two 24-plex building in the center of the site they do not
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meet the purpose of the mid-block crossing alternative. The current land use map under
Section 2 of this report shows the adjacent property is undeveloped with the exception of the
existing residential apartment complex to the west and the evolving commercial area to the
south on Caballo Avenue.
The proposal does integrate the site with the proposed park by locating the clubhouse and
pool amenity on the southwest corner of the property proximate to the park. Additionally,
access to the site is aligned with the existing access point on the west side to Sundance Phase
1. Limited access to arterial streets restricts access points onto Davis Street to Kimberwicke
Street on the north and Galloway on the south.
The development is required to complete adjacent streets. The construction of the street
network will improve the general connectivity of the site to the community.
Plan review criterion 38.19.100.A.4(a) states, “Compatibility with, and sensitivity to, the
immediate environment of the site and the adjacent neighborhoods and other approved
development relative to architectural design, building mass and height, neighborhood
identity, landscaping, historical character, orientation of buildings on the site and visual
integration.” The buildings are architecturally interesting for residential buildings and use
proportioned articulation to break up their size and have evolved through the review process.
The overall design continues the established scheme of Sundance phase 1. However, the
development proposes one type of housing which is in contrast to other neighborhoods of
Baxter Meadows subdivision. The existing Baxter Meadows residential development
includes primarily single-household detached homes but includes other multi-household
structures. Collectively, the highly similar architecture and large scale of the two sites
creates a local environment largely devoid of variation necessary to meet the criterion.
The context, architecture, relation to neighborhood would not allow the development to be
converted to commercial activity when needed. As discussed under site plan criterion 13, the
project relies upon an off-site storm water facility on a lot which has not been platted, and for
which easements and maintenance provisions have not been met and the applicant does not
own.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Not met. The development will be served by extensions of Kimberwicke and Galloway
Streets, Equestrian Lane and new unnamed street on the east side of the proposed park.
Caspian Avenue was constructed during Phase 1 of the Sundance Apartments. Section
38.24.010.A.2, BMC states, “The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency
services and efficient provision of utilities.” Sundance Minor Subdivision proposed a
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different street layout and block layout than what is required to accommodate this proposal.
In addition, the traffic generation created by this development will add additional traffic to
the intersection of Baxter and Davis Lanes.
Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states, “All arterial and
collector streets and intersections with arterial and collector streets shall operate at a
minimum level of service "C" unless specifically exempted by this subsection. Level of
service (LOS) values shall be determined by using the methods defined by the most
recent edition of the Highway Capacity Manual. A development shall be approved only
if the LOS requirements are met in the design year, which shall be a minimum of 15
years following the development application review or construction of mitigation
measures if mitigation measures are required to maintain LOS. Intersections shall have a
minimum acceptable LOS of "C" for the intersection as a whole.”
The City’s most current data from the City of Bozeman Transportation Master Plan, Existing
and Projected Conditions Technical Memorandum (May 23, 2016) indicates that the
intersection of Davis Lane and Baxter Lane operates with a LOS “F” and LOS “D” for the
AM Peak Hour and PM Peak Hour conditions, respectively. The application proposes 216
residential apartments. Based on the Trip Generation Manual, 9th Edition, it is anticipated
that the project will generate 1,456 average weekday trips, 111 AM peak hour trips, and 138
pm peak hour trips which will further burden an intersection already functioning below
standard. The proposed project may not receive building permit approval until the
intersection of Baxter Lane and Davis Lane is upgraded. The intersection is proposed to be
upgraded in the City’s Capital Improvement Plan (CIP) in FY18. The project is presently
delayed due to difficulty obtaining required right of way for the intersection. The applicant
must wait for the intersection to be upgraded by the City or apply for, and receive, approval
of a variance to address this requirement. As noted above, on July 25, 2016 the City
Commission discussed that if an intersection is listed on the three (3) year Capital
Improvement plan for upgrade the developer may not be required to make improvements to a
deficient intersection. The intersection of Davis and Baxter Lanes is listed on the three year
CIP Plan. Please see Deficient Intersections illustration in Section 1 of this report. The
Director of Public Works may grant an exception under 38.34.010.E, BMC.
Therefore, the applicant must construct Kimberwicke Street to a local street standard from
the intersection with Caspian Avenue to the intersection with Davis Lane prior to final plat
approval of the Sundance Minor Subdivision. In addition, the applicant must construct an
auxiliary left-hand turn lane from Davis Lane onto Kimberwicke Street, since the same
traffic condition applies to that intersection as applies to the intersection of Galloway and
Davis.
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Sundance Phase 2 Site Plan
Sundance minor subdivision was reviewed and approved as a commercial subdivision. As
such, block length and width were viewed though commercial functionality and purpose.
The approved layout would not be supported for a residential subdivision. For example, the
residential development to the west, Baxter Meadows Phase 6 doubled the north south access
and includes alleys to serve the development. Baxter Meadows Phase 6 included 11.28 acres
including Rights of Way (ROW), parkland, and developable area (vs. 9.132 acres plus 2.85
acres for the park area totaling 11.98 acres) in a slightly narrower configuration. However,
the layout included a full street, alley, and an additional loop to provide better connection to
the surrounding neighborhood. In addition, the development integrated a park with an
east/west connection furthering connectivity.
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Baxter Meadows Phase 6 Plat
Half streets are prohibited except when they are essential to the development, are beneficial to the city, or when the review authority is satisfied that the half of the street
will be dedicated to the public when the adjoining property is developed pursuant to
Section 38.24.010.A.7. Half streets must be approved by the review authority, and when
adjacent to un-annexed land, the county road office. When an existing half street is
adjacent to a tract to be developed, the undeveloped half of the street shall be provided with the new development. In this case the Four Points Major Subdivision bounds the
subject property to the north. See proposed plat below.
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Four Points Phase II Preliminary Plat
Historically, land use conversion is permanent for all intents and purpose. The cost and
disruption with converting a development of this scale from residential to commercial by
modifying infrastructure, the street network, converting building to commercial use, and
providing the required additional parking to accommodate commercial activity would be
prohibitive. For example, there is approximately 74,000 square feet of ground floor area in
all residential buildings. Based on the proposed bedroom layout 160 residential parking
spaces are required. If the ground floor were to be converted to commercial use, appropriate
assumptions are made for mix is uses, approximately 229 parking spaces would be needed.
Although shared parking may be appropriate that equates to a 43 percent deficit in available
parking. There are not viable alternative locations available for shared parking or other
alternatives to meet the standard.
6. Pedestrian and vehicular ingress and egress
Not met. Block length and pedestrian right of way standards have not been met. Vehicular
drive access is provided from Caspian Avenue on the west, Kimberwicke Street on the north
and Galloway Avenue on the south. No access is allowed from Davis Avenue. The drive
access meets City standards for two-way drive aisles.
Pedestrian connections are provided both within and connect to the surrounding area as
shown on the site plan. As required by City Code bicycle parking will be provided and bike
route markings will be placed throughout the site adjacent to each building. A pedestrian path
flowing through the site is shown on the site plan. Interior circulation, similar to Sundance
phase 1, is provided by an internal drive access for access to individual buildings and,
parking area, and residential garages. The site is connected to the sounding area with
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sidewalks. However, as discussed above, the block length and pedestrian right of way
standards are not met.
Based on comments received from the Recreation and Parks Advisory Board, greater
connection was provided between the development and the park area to the south and east of
the subject property.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
Met. The proposed landscaping meets the minimum landscaping requirements of the
Bozeman Municipal Code. A summary of water usage was provided as required. Page L702
of the landscape plan estimates water consumption at 32,900 gallons per week and 582,200
gallons annually which is equivalent to 1.80 acre feet of water. An additional 839,682
gallons per year (2.60 acre feet) are required for the park.
As stated by Design.5, “The development emphasized a holistic landscape plan throughout
the site focusing on place making and a coherent feel as one moves through the site. The
proposed yard designations are based upon the restrictive nature of many of the landscape
areas within the site. Careful analysis was performed in order to maintain view corridors,
provide shading and sunlight for all buildings, and avoid overcrowding within landscape
areas. The proposed landscaping exceeds required landscape requirements and provides a
sense of place throughout the site.”
8. Open space
Met, if the Commission approves the proposed park plan and improvements in lieu requested
with the site plan. Open space is required by this development. Pursuant to Section
38.27.020.E, BMC site plans containing five or more dwelling units shall provide on-site
open space for the use of the residents. The area to be provided is calculated only for those
dwellings which do not have ground floor access to a landscaped rear yard. Open space shall
be provided at a rate of 150 square feet per dwelling unit for dwellings with two or more
bedrooms, and 100 square feet per dwelling unit for studio and one bedroom dwellings.
Sheet A001 of the submittal documents calculated a total of 30,300 square feet of residential
open required for the proposed development. A total of 34,753 square feet is provided in two
locations. One is located on the southwest corner associated with the clubhouse, pool, and
picnic area (OS 1) and the other is on the west side of the two central 24-plex buildings (OS
2). Both open space area meet the minimum requirements of this section except:
1. 9,766 square foot open space does not include the required benches pursuant to
Section 38.27.020.E.1(e).
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Parkland dedication is required for this development pursuant to Section 38.27.020, BMC. A
total of 3.28 acres of land is needed to meet parkland dedication requirement. The applicant
is proposing providing a 2.85 acre park and improvements-in-lieu of parkland dedication.
The Parks & Recreation Advisory Board (RPAB) met on Thursday, March 3, 2016 to discuss
the site plan application. The RPAB recommended approval of the park and improvements-
in-lieu of parkland dedication to the Commission with revisions. Revisions include:
1. Provide evidence of sufficient non-potable water for irrigation of the park as well as a
water use demand analysis (“water budget”) for the landscaping as shown. If potable
water is proposed to meet irrigation needs in the park, Director approval and a
commitment that the Association is responsible for payment of water usage in perpetuity
shall be required.
2. Provide a separate electric meter for the picnic shelter whereby the electric service is
paid for by the Association until such time that it is re-assigned to the City under a park
maintenance district.
3. Provide a City standard park sign for the park, in lieu of some of the ornamental trees if
necessary.
9. Building location and height
Met. The proposed building heights are within permitted standards of Section 38.10.060,
BMC building height. Permitted height in the B-2 District are limited to 44 feet with roof
pitches of 3:12 or greater. To add in architectural detail there are variable roof pitches. The
most conservative pitch is 4:12. The maximum building heights are 40’ 8”.
10. Setbacks
Met. Section 38.10.050, BMC, states required yards. All proposed structures and parking
areas are within the required front, side and rear yard setbacks. Additional setback distance is
required from Davis Avenue as it is a designated Arterial in the Greater Bozeman Area
Transportation Plan, 2007 Update.
11. Lighting
Met. The proposed walkway, parking area lights, and building mounted lights conform to the
City’s dark sky requirements. The private lighting is subject to the proposed design
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guidelines which direct use of LED lighting. A photometric plan was submitted with the
plans, see sheet E001A.
Typically street lighting has been addressed through subdivision review. In this case final
plat approval for the Sundance Minor Subdivision has not been submitted or granted by the
City Commission. Section 38.23.150.C, BMC states, “Street lighting consists of street
lighting and pathway intersection lighting, and shall comply with the City of Bozeman
Design Standards and Specifications Policy (DSSP).”
12. Provisions for utilities, including efficient public services and facilities
Not met. Adequate provision of sewer capacity and storm water facilities has not been
demonstrated. Water and sewer lines will be placed within the ROW of Kimberwicke and
Galloway Streets. Necessary water and sewer service lines will generally be located with the
drive access for the site.
Section 38.23.070.A.3, BMC states: “When a proposed development adjoins
undeveloped land, and municipal infrastructure mains would reasonably pass through the
new development to the undeveloped land, municipal infrastructure mains shall be
arranged to allow the suitable development of the adjoining undeveloped land.
Municipal infrastructure mains within the proposed development shall be constructed to
the boundary lines of the tract to be developed, unless prevented by topography or other
physical conditions. An exception to this standard may be granted upon written request
of the applicant, if the applicant demonstrates during the development review process
that more efficient design can be accomplished without jeopardizing the public's health,
safety and welfare, the intent of this chapter, or the intent of the city's growth policy”.
Section 38.23.070.A.1, BMC states: “The developer shall install complete municipal
water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may
be required by the city to install municipal storm sewer system facilities. These systems
shall be installed in accordance with the requirements of the state department of
environmental quality and the city, and shall conform to any applicable facilities plan.
The City's requirements are contained in the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and made a
part of these regulations. The developer shall submit plans and specifications for the
proposed facilities to the city and to the state department of environmental quality and
shall obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.” The submitted plans do not include
two (2) required internal water main valves.
The proposed project falls within the service area of the Baxter Meadows Lift Station. The
capacity of that lift station is fully dedicated including this parcel. Whether adequate capacity
exists in the lift station for this project has not been established. The proposed project may
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not exceed the lift station capacity reserved for the subject property without an upgrade to the
lift station and associated force main. The applicant must demonstrate the design capacity
reserved for the parcel does not exceed the proposed peak-hour wastewater flow from the
proposed project. On September 7, 2016 the applicants engineering team submitted
information suggesting that there should be sufficient sewer capacity to serve the Sundance
Phase 2 development and that any further request to increase sewer capacity or pay into a
payback district would be unreasonable. The September 7, 2016 correspondence is attached
to this report.
Comments received from the City of Bozeman Solid Waste Department identified that two of
the proposed trash enclosures do not meet the requirement for access and require revision,
Section 38.23.170, BMC.
13. Site surface drainage
Not met. The required facilities cannot be provided with the application as submitted.
Surface drainage will be captured and piped to a comment drainage basin on the north side of
Kimberwicke Street as shown on the Grading and Drainage plan (see sheet C5.0). Pursuant
to Section 38.23.060.C.1, BMC, a public utility easement shall be granted for all public
utility mains not located within public street right-of-way. No easement was submitted
with the application. In addition, the storm water retention pond for the development and
the extension of Kimberwicke is proposed to be on the north side of Kimberwicke Street in a
yet to be created utility parcel associated with the Four Points Major Subdivision. Please see
plan sheet C5.0. Pursuant to Section 38.23.080.D, BMC stormwater ponds serving multiple
lots in separate ownership shall not be located on private lots or public right-of-way.
Stormwater retention or detention ponds shall be maintained by the property owners
association. The applicant cannot provide adequate drainage facilities until the Four Points
Major Subdivision has completed final plat and a shared maintenance plan has been
approved by the City.
Section 38.23.030.A, BMC states: “The developer shall install complete drainage
facilities in accordance with the requirements of the state department of environmental
quality and the city, and shall conform to any applicable facilities plan and the terms of
any approved site specific stormwater control plan. The city's requirements are
contained in the design standards and specifications policy and the city modifications to
state public works standard specifications, and by this reference these standards are
incorporated into and made a part of these regulations.” The submitted stormwater
calculations did not demonstrate sizing for the detention pond proposed north of
Kimberwicke. In order to verify compliance with the standards, the applicant must provide
sizing calculations for the detention pond (DSSP II).
Pursuant to Section 38.23.060.A, BMC where determined to be necessary, public and/or
private easements shall be provided for private and public utilities, drainage, vehicular
or pedestrian access, etc. An easement for the construction and maintenance of the site will
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continue in perpetuity in the event that this phase of Four Points does not materialize.
Additionally, the applicant must also apply for an appropriate administrative remedy if an
easement is used for the proposed detention facility north of Kimberwicke. DSSP II.C.3
requires basins serving multiple lots to be located in common open space owned by the
Homeowner’s or Property Owners Association. No final plan can be granted until basic
infrastructure has been installed.
14. Loading and unloading areas
No loading areas are required or proposed.
15. Grading
Met. The site generally slopes south to northeast. No substantial grading is proposed except
for that required for the installation of the parking areas, stormwater system, and building
construction. All applicable grading details were submitted with this application and have
been reviewed by the City Engineering Department.
16. Signage
Met. No signage is proposed with this plan. All new signage must be in compliance with the
Bozeman Municipal Development Code and will require a sign permit prior to construction.
17. Screening
Not all required screening is met. Although no ground mechanical equipment is proposed
parking is proposed on the east, west, and south sides of the development adjacent to along
Galloway and Kimberwicke Streets and Caspian Avenue. Additional parking lot screening is
required and must be shown on the landscape plan prior to final plan approval pursuant to
Section 38.26.050.C.2, BMC.
18. Overlay district provisions
Not applicable.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
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20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not met. Compliance with this criterion is not demonstrated as the application relies upon an
off-site storm water facility which has not been created and the land is owned by another
party. The proposed development is currently located on one lot, Lot R, Baxter Meadows
Phase 2B Major Subdivision. Also referred to as Lot 2, Phase A and a portion of Lot 3,
Phase C, Sundance Minor Subdivision; pending final plat approval. Lot R currently has a
restriction requiring further subdivision prior to issuance of a any building permits. The
residential development will be located on Lot 2 Phase A and the park will be located on a
portion of Lot 3 Phase C, both within the Sundance MiSub.
As noted earlier in the report,
Sundance minor subdivision was
reviewed and approved as a
commercial subdivision. As such,
block length and width were
viewed though commercial
functionality and purpose. The
approved layout would not be
supported for a residential
subdivision. Numerous condition
of approval has been considered to
ensure the proposed use and
design will meet City standards.
However, these conditions require
material revisions to the
preliminary plat and considerable
planned infrastructure revisions
before the plan will conform to
this chapter. The City cannot apply
conditions to a subdivision after
the preliminary plat has been
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15-439, Staff Report for the Sundance Apt. Conditional Use Permit & Site Plan Page 37 of 39
approved by the City Commission. Therefore, although some conditions reference an
anticipated revised plat they are conditions appurtenant to this application and not the
subdivision.
The applicant and development team is aware of these issues.
21. Compliance with article 43 of chapter 38 of the Bozeman Municipal Code.
Not applicable to apartment developments at this time.
22. Phasing of development
Not met. The project is proposed for construction in multiple phases. No Master Site Plan
was submitted with application as required by Section 38.19.020, BMC. A master site plan
application must be submitted, reviewed and approved prior to final plan review approval.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Current Zoning Classification:
The subject 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.
Adopted Growth Policy Designation:
The Future Land Use Map of the Bozeman Community Plan designates the subject property
to develop as “Community Commercial Mixed Use”. Activities within this land use category
are the basic employment and services necessary for a vibrant community. Establishments
located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail,
education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of 0.5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor
seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
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15-439, Staff Report for the Sundance Apt. Conditional Use Permit & Site Plan Page 38 of 39
size and are activity centers for an area of several square miles surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are typically
distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10
to 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity
to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should
not be overly dominated by any single land use. Higher intensity employment and residential
uses are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40, BMC. The initial public hearing was
scheduled for July 11, 2016. Notice for that hearing was provided at least 15 and not more
than 45 days prior to the City Commission public hearing.
Subsequent extensions were granted to allow the applicant time to consider staff comments
and to accommodate unforeseen schedule conflicts. Each public hearing date extension was
set to a date certain. The October 3, 2016 public hearing date was re-noticed to allow ample
public comment opportunity. One public comment was received prior to the July 11, 2016
public hearing date. The comment is attached to this report.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owners: Baxter Meadows Land Partners, LLC, 12388 Timberline Drive, Highland, UT 84003
Applicant: Baxter Meadows Land Partners, LLC, 12388 Timberline Drive, Highland, UT 84003
Representative: TD&H Engineering, Inc., 234 E Babcock Street, Suite 3, Bozeman, MT 59718
and Richardson Design Partnership, LLC, 510 S 600 E, Salt Lake City, UT 84102
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
Fiscal effects are undetermined at this time.
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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 attached:
1. Application
2. Project narrative
3. Sundance site plan
4. Sundance architectural plans
5. Materials board
6. Master Park plan
7. Park plan
8. Baxter Meadows retail study
9. Sewer capacity email 9-7-2016
10. Public comment
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A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
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Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
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Project Narrative Sundance Apartments Phase II Sundance Apartments II is designed as a second phase to the existing apartment complex known as Sundance Apartments at Baxter Meadows. Sundance Phase I has been very well received in the market. While the second phase will vary somewhat from the first phase in architectural style and amenities, the quality will remain high. This site for Phase II located just to the east of the first phase of apartments on the 9.132 acre parcel. This parcel is currently zoned B2, as is the site on which we build Phase I. The B2 zone allows for apartments on the second and third floors. For Phase I, we submitted and received approval of conditional use that allows apartments on the ground level. We are seeking the same conditional use for this site. The applicant, Baxter Meadows Land Partners, is owned by real estate developers specializing in commercial and high-density residential development across the western United States. This site is part of a 40-acre piece of property located near the southeast corner of the Baxter Meadows community. All of our property is zoned B-2. Several months ago, we retained a commercial real estate analyst to do a thorough market analysis to determine current and future demand for various types of commercial uses at or near the corner of Baxter Lane and Davis Lane. We will include a copy of that study with this application. The data and conclusion of the study are very clear:
• With the remainder of our B-2 land, plus the 12.5-acre commercial parcel on the corner of Baxter and Davis (owned by others), plus whatever commercial property may eventually be developed across Davis Lane to the east, there is considerably more than enough commercial property to meet the needs of the area for any foreseeable future.
• The analyst found that for the foreseeable future, there will be demand for 75,000 sq/ft of retail at this intersection. On only the 12.5-acre commercial parcel on the corner, which is the best location for retail, a typical grocery store layout including surrounding retail would accommodate 90,000 to 105,000 sq/ft of retail uses (depending on layout).
• We will need many more residents in the area before any significant commercial development will be feasible. We look forward to working with the city to create an attractive plan and vision for the remaining commercial pieces. We are, of course, anxious to meet the demand for
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commercial development as the area continues to add residents. For the present, however, there is strong and immediate demand for affordable, for-rent housing in the area. This project will be designed with 11’-0” tall ceilings on the main level which is a foot taller than the first phase to facilitate commercial use on the main level if it is determined that mixed use is needed in the future. The B-2 zone does not have a maximum dwelling unit requirement. This project has been designed to provide the required parking, open space and amenities required for the proposed 216 dwelling units per the zoning requirements. The project will be for-rent apartments which will help to contribute to affordable housing in this area, however there will be no income restrictions. This project will not have any materially adverse effect upon the abutting property as it will be the same use as the apartments on the adjacent property and will help to promote the commercial development of the surrounding B-2 zone by bringing in greater demand for future commercial goods and services in the area. The project will not impose any special conditions to the public health, safety and general welfare of the area as it is a compatible use that is already established in the area with the first phase of apartments. The subject property is generally flat and vacant. The proposed project would consist of 23.65 units to the acre. As is evidenced by the site plan, this proposed use fits well on this site while still meeting city required set backs, parking, etc. The required park dedication would be located across the street to the southwest of the subject property. This park dedication would be included with this project. The property to the west of the proposed property is the first phase of apartments and the ownership is in support of this proposed use. The property to the north is zoned R-4 which would permit apartments. The property to the south is zoned B2 and is need of more housing to support commercial development. The owners of the B2 land have reviewed the proposal and support it. The applicant has met with the Baxter Meadows HOA and they are also in favor of the proposed use. Sundance Apartments phase II will consist of 216 apartments units, an elegant community center, and amenities. The apartment buildings will be 3 story structures and the community center will be a single story structure. The total units breakdown will be as follows: UNIT TYPE # OF UNITS 1 Bedroom Units 42 2 Bedroom Units 138 3 Bedroom Units 36
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The proposed amenities include the following, but are subject to change based on a final amenity demand survey: pool, exercise facility, game room, pet wash, high speed internet, pavilion, park space, picnic tables, garages, etc. The pool will require additional approvals from the health department. The required number of parking stalls as per section 38.25.040 and the proposed unit types is 447 stalls. This proposed application includes 448 parking stalls, thus exceeding the required number of stalls. 108 of these proposed stalls would be garage parking. The preliminary plat will be updated to match the approved site plan once the site plan has been above and conditional permit issued. The pedestrian access that is shown on the preliminary plan will also be adjusted to match the approved site plan after site plan approvals have been attained. The block length requirements and limits per section 38.23.040 will be met through a combination of driveway access points and the pedestrian access locations that are shown at roughly the middle of each block for all four surrounding streets. The project open space will be updated based on the approved site plan. The site is currently designed with a large open space centrally located in the development along with a large open space on the southwest corner of the development which will be across the street from the dedicated parkland area for this project. The centrally located open space give a semi-private area for the residents of the development while the open space on the southwest corner will allow for residents use along with a cross connection between the developments open space and the dedicated parkland area across the street. The project will provided 2.85 acres of dedicated parkland on the adjacent property to the south of the project just across the street from the project open space. The additional required parkland is to be provided via improvements in lieu which are illustrated within the parks master plan document. Please let us know if you have any further questions, Steve Broadbent Baxter Meadows Land Partners, LLC 801-787-1476
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SP
Site Plan Required Materials SP Page 1 of 1 Revision Date 1-05-16
Required Forms: A1, SP1, N1 Recommended Forms: Presentation of submitted plans and specifications
SITE PLAN REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14
sets.
Complete and signed development review application form A1.
Plan sets that include all required items listed on the site plan checklist form SP1.
If demolition, checklist items in form DEM
Standard application sets required
plan sizes:
2 sets that include full size 24 x
36 inch plans
1 set that include 11 x 17 inch
plans
2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual
files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x
36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring
binders will be used, they must include a table of contents and tabbed dividers between
sections. Plans that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1 and materials.
APPLICATION FEE
Base fee $2,100
If includes dwellings add: $115 per dwelling unit
If includes nonresidential
uses add:
$542 per 1000 square feet of nonresidential gross building
area up to 30,000 square feet.
$255 per 1000 square feet of non residential gross building
area over initial 30,000 square feet unless proposed building is
four or more stories.
If the proposed building is four or more stories in height, use
$102 per 1000 square feet of nonresidential gross building
area over initial 30,000 square feet.
If deviation add: $215 per deviation
Application types and fees are cumulative.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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Sundance Apartments
At Baxter Meadows
Phase II
Parks Master Plan
April 2016
Prepared for:
City of Bozeman
&
Baxter Meadows Land Partners, LLC
Prepared by:
With:
The Richardson Design Partnership, LLC
TD&H Engineering
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At Baxter Meadows Phase II April 2016
Parks Master Plan
1
Parks Master Plan
April 2016
SECTION 1
PROJECT LOCATION AND HISTORY 2
PROJECT SCOPE 2
PARKLAND REQUIREMENTS 2
DEDICATED PARKLAND 2
PARKLAND AMENITIES 3
COMMUNITY CENTER 3
PROJECT PHASING 3
VEGETATION 4
IRRIGATION 5
SOILS 5
TRAILS 6
MAINTENANCE 6
SECTION 2
LANDSCAPE DRAWING SHEETS
SECTION 3
SOILS INFORMATION
SECTION 4
BENCHES CONCEPT, PICNIC SHELTERS CONCEPT
SECTION 5
COST ESTIMATES
SECTION 6
WAIVER OF PARKLAND DEDICATION AND ALTERNATE COMPLIANCE
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Parks Master Plan
2
Project Location and History
Sundance Apartments at Baxter Meadows phase II is located north of the Gallatin County
Regional Park in Bozeman. The property is bounded by Caballo Avenue, Galloway Street,
Equestrian Lane, and Caspian Avenue. The land that makes up the Sundance Apartments at
Baxter Meadows Park phase II has been used primarily for agriculture and livestock production
for many years. The site is predominately grass land and agricultural land.
Project Scope
The Sundance Apartments and Baxter Meadows Master phase II Park Plan is comprised of one
dedicated park space providing passive and active recreation opportunities for all surrounding
residents. Sundance Apartments at Baxter Meadows phase II has extensive open space and
recreational amenities within the development itself, providing residents with ample
recreational opportunities. The primary purpose of this document is to describe the initial level
of development and maintenance of the park space.
Guiding Ideas:
Provide connections between residential neighborhoods and park area.
Provide variety in recreation experiences and opportunities
Provide areas for passive and active recreation
Promote sense of community within the development and with surrounding
neighborhoods
Minimize hard or impervious surface
Address current parkland needs while also minimizing impacts to surrounding
environment.
Parkland Requirements
Parkland Required 9.132 Acres X 12 Units/Acre X .03 Acres 3.28 Total Acres Parkland
Parkland Provided 2.85 Acres Parkland
Remaining Parkland .45 Acres (To be
Improvements in‐lieu)
Land Value .45 Acres = 19,602 sq/ft
19,602 sq/ft X $0.80 per sq/ft
$15,681.60
Estimated Required
Cost
Street Trees, All Grasses, Irrigation,
Sidewalks, Finish Grading, Earthwork
$303,385
Estimated Cost In
Excess of Baseline
Improvements
Perennials, Trees, Mulch, Forbs Plugs,
Paths, Plaza, Power Supply, Benches,
Picnic Shelters with Tables, Bike Racks,
Trash Receptacles
$142,002
Total Estimated Cost $445,387
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3
Dedicated Parkland
The dedication is comprised of 2.85 acres of developed parkland, with 1.14 acres of park space
removed from original park plat per a City of Bozeman request in order to develop Caspian
Avenue to the east of the park site. The Sundance Apartments at Baxter Meadows Phase II will
seek to satisfy all of its Park Land Dedications through a combination of dedicated parkland
containing many site amenities above and beyond the City of Bozeman standard requirements,
along with providing residents of the development with recreational amenities sufficient for all
needs of residents of the development itself.
The dedicated park space contains manicured lawns, native grass berming, pavilions, a natural
amphitheater, picnic areas, benches, public gathering space to be used for farmer markets or
other public events deemed appropriate, and power supply for venders and food trucks.
The development contains extensive open lawn space, covered picnic areas, court yards, and a
recreation center with swimming pool and gym facilities.
The following section outlines the installation and maintenance of the dedicated park area and
park amenities for Final Plat filings. The plan puts emphasis on open, maintained areas for
passive and active recreation while providing a space for community gatherings and events to
promote the neighborhood feel for the surrounding residents.
Parkland Amenities
The development of parkland amenities will be completed during the initial phase of
construction by the developer as necessary to meet the Parks Master Plan goals. The current
list of planned amenities include:
1. Community pavilion with small concert stage, picnic tables, grills, and community
gathering space.
2. 6' wide Class II trails throughout the dedicated park space.
3. Benches at intermittent intervals along paths within park.
4. Natural grass berming with ample shade for passive recreation throughout parkland.
5. Manicured sod lawn for active recreation provided within park space.
6. Power connections along Caballo and Galloway streets to serve venders and food trucks.
Community Center
The park parcel will be designated as a Community Center for the development and
surrounding neighborhoods. The park will feature two park pavilions (one intended as possible
concert stage area), picnic tables, grills, natural amphitheater, and community gathering area.
In addition, extensive mowed lawns will provide multiple recreation opportunities along with
native grass berming with an extensive tree allee providing shading for passive recreation
opportunities. There is on‐street parking available along the west and north boundaries of the
park parcel. Additionally, 12 sidewalks lead to this park.
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Project Phasing
Implementation of the Park Space will be conducted at one time. There is no planned phasing
of development.
Financing: any unfinished park improvements will be bonded before Certificate of Occupancy is
granted for the last apartment building in project is granted.
Construction: Any and all site work (including trails) must be preceded by a preconstruction
meeting with the City of Bozeman. All plans, improvements, structures and plantings must be
approved by the City prior to installation. Building Permits are required for any structural
improvements. Any deviation from the Park Master Plan must be submitted to the City and
approved before construction.
Vegetation
All vegetation shall be quality nursery stock and construction documents will dictate further
specifications and species selection. A variety of species shall be selected to ensure that a pest
or disease event does not decimate the entire project. Trees, shrubs and herbaceous plants will
be chosen for their size, hardiness and aesthetic nature. Plants used will be regionally native
and/or adapted to the extent possible.
Trees
All trees are subject to approval by the City of Bozeman. Tree selection should be based on the
recommended species list provided by the City of Bozeman. Tree size and selection shall be
varied in order to create visual interest and a varied genetic palette.
Recommended Tree List
Colorado Blue Spruce
Freeman Maple
Thornless Common Honeylocust
Spring Snow Crabapple
Patmore Green Ash
Redmond Linden
Grasses
Herbaceous seed mixes will be dictated by the construction documents. In general, turf areas
will receive a Kentucky bluegrass mix. All areas disturbed by construction will be properly
prepared and seeded with a narrow spacing drill seeder. Before seeding, the soil shall be
loosened to a minimum depth of six inches in order to improve initial root development. The
soil will not be compacted in any manner. Sufficient compaction is readily achieved through the
grading process and normal rainfall. Fertilizer should be applied prior to planting to insure
healthy plant development.
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5
Recommended Turf Grass Mix (Dedicated Parkland and Boulevards)
Pennfine Perennial Rye 30%
Glade Kentucky Bluegrass 30%
Baron Kentucky Bluegrass 30%
Pennlawn Creeping Red Fescue 10%
Recommended Native Grass Mix (Native Grass Berming / Openspace)
Common Name Scientific Name Pounds/Acre*
Slender wheatgrass Agropyron trachycaulum 4.0
“Sodar” streambank wheatgrass Agropyron riparium 5.0
Canada wildrye Elymus Canadensis 4.0
Covar sheep fescue Festuca ovina 1.0
Western wheatgrass Agropryon smithii 4.0
*Based on a drill-seeding rate of approximately 18.0 pounds PLS (pure live seed) per acre.
The rates will be doubled for hand broadcast seeding, which is 36.0 pounds PLS per acre.
Irrigation
All irrigation systems will be designed to meet City of Bozeman requirements.
Irrigation systems will be compatible with Maxicom systems. All water lines shall be schedule
40 PVC. Pipe shall be installed at a minimum depth of twelve (12) inches, main lines at eighteen
inch minimum depth. If this depth is unachievable, the Parks Division must be consulted. No
stacking of irrigation lines shall be permitted. Four (4) inches of sand shall be placed beneath
pipe, and four (4) inches of sand above the pipe, to
prevent compaction and settling. Sprinkler heads will be installed on manufactured swing joints
(schedule 80 w/ o‐rings). Heads to be installed must be approved by the Parks Division and shall
be gear driven, with interchangeable nozzle sizes, unless noted otherwise, and shall be capable
of producing the specified gpm and coverage area and shall be set to manufacturers’
specifications. Electrical locate tape shall be installed along all lines. Upon completion of
installation, all warranty and maintenance information, as well as well logs and pump
warranties and information, if applicable, and an “as‐ built” map shall be supplied to the City of
Bozeman Parks Division and HOA.
Soils
All soils to be used on public park land shall be inspected by and meet the approval of City of
Bozeman Parks Division Staff prior to installation and shall meet the minimum depth
requirement of 8 inches. All rock in excess of 1 inch in diameter shall be removed. Soil tests (a
sieve analysis and soil analysis) shall be performed prior to planting to determine the
classification and texture of the soils, along with any nutrient deficiencies. The classification and
texture will determine what amendments, if any, are needed, while the soil analysis will help
correct any nutrient problems with a pre‐plant fertilization.
* Guidelines for soils ‐ The soil will be deemed acceptable if: it is less than 35% clay and less
than 70% sand, and 70% silt. Ph must not exceed 8.4. The soil will be screened at 1” minus for
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6
rocks and debris; topsoil depth will be at least 8 inches. The sub base, after grading, will be
scarified to a depth of twelve inches to insure drainage throughout the profile.
Amendments may vary depending on existing soils, but will generally consist of 60% coarse
sand (generally concrete sand), 20% organics (C: N ratio below 30) and 20% approved native
soil. Soils will be mixed, prior to installation, with a screener / mixer machine, or applied in
layers on site and mixed thoroughly with a deep rototiller. Depth of amended soil will be a
minimum of ten (10) inches. There will be no compaction following the grading process.
Fertilizer, and the rate at which it will be applied, should be dictated by the soil test report.
Trails
Class II Trails shall be a minimum of 72 inches in width. Trail bed must be excavated a minimum
of 6 inches deep, prior to installation of tread mix. All existing organic material shall be
completely removed from the proposed trail location and subgrade sterilized. Tread mix shall
be installed in two parts. The first 3 inch lift shall be of ¾” Road mix, compacted, and then the
top 3 inches of 3/8th inch minus gravel (natural fines). Natural fines used for these trails shall
consist of 80% sand, 10% silt and 10% clay. If the material falls outside of these parameters, the
City Of Bozeman Parks Divisions must be consulted for approval or modification. If the natural
fines tread mix does not contain enough clay or silt binder, additional binder must be mixed in.
Alternative soil stabilizer products are acceptable, but must be approved by the City of
Bozeman Parks Division. Trail bed must be filled up to original surface along both edges with a
cross slope of 2% cross slope to provide for water drainage and meet ADA requirements. Tread
mix must be rolled flat and compacted after installation, maintaining a 2% cross slope. (If
moisture content is not adequate for compaction, water should be added prior to rolling and
compacting). Where terrain allows, slope of trail should not exceed 20:1 with a cross slope no
greater than 50:1 (2%) to provide for ADA accessibility. All damage to surrounding features
and/or vegetation shall be reclaimed immediately. Encroaching weeds, due to trail
construction, shall be treated and controlled for a minimum of 2 years after trail section is
completed. Minimum overhead clearance shall be 96" for pedestrian and bike traffic, and 120"
for equestrian traffic.
Maintenance
Responsible Party
The Association shall be responsible for liability insurance, local taxes and maintenance of
recreation and other facilities in the common space areas and park land.
The Association shall enter into an annual contract with a certified landscape nursery person for
upkeep and maintenance. The Association will be responsible for park maintenance until such
time a City wide Park Maintenance District is created. The Association shall also be responsible
for the maintenance of all common properties, paths and trails, facilities, centers, and adjacent
sidewalks and/or landscaping in street boulevards.
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Maintenance will include the following as well as care and replacement of playground
equipment (CPSI approved) and/or site furnishings, replacement of doggie pick‐up bags and
emptying of refuse containers. Any and all work and/or park fixtures must meet standards set
by the City Parks Division.
Trees and Shrubs
A contractor will be hired to perform park maintenance. Maintenance duties to be performed
will consist of spring and fall clean up, routine mowing, lawn patching, care and replacement of
dead trees and/or shrubs. All tree trimming and pruning must be performed by a certified
arborist as outlined in City Ordinance 12.30.040 in coordination with Forestry Division. All trees
on public property are subject to City of Bozeman permits and ordinances.
Trails
Natural fines trails will not be plowed. These trails will be inspected regularly and receive
routine patching and surface maintenance to prevent erosion or unsafe conditions. Weeds on
the trails well be controlled following City of Bozeman standards, set by the City Parks Division,
and using industry standards or as part of the weed control plan described in this document.
Turf Care
Native grass areas should be mowed 3‐4 times per year dependent on rainfall levels The first
mowing should occur at the end of May, and the second time should take place around mid‐
July, with the final mowing in Mid‐October.
Kentucky bluegrass areas should be maintained between 2"‐4 1/2" and should receive
approximately 12" water between June 1st and late September. This translates to about 1"
water per week for lawn areas. Mowing will not be done during extremely wet periods or when
sub‐grade is saturated or with standing water. Established lawns can receive a deep, but less
frequent watering in order to conserve and not over water.
Noxious Weed Control
A weed control program will be developed that conforms to the requirements of the City of
Bozeman, Gallatin County Wed Control Board Supervisor and NRCS. This program will consist
of an annual visit in June to spot spray where necessary, including trails and sidewalks. Weeds
will be sprayed by a licensed contractor, according to industry and local standards, on a regular
basis, using appropriate applications and products. The utmost care will be taken to protect
water sources, park users and adjacent property owners. The City of Bozeman shall be notified
of any and all applications of pesticides and/or herbicide on public lands. Signs shall be posted
prior to application in appropriate and noticeable locations identifying the product applied and
the date applied. Signs will remain in place for a minimum of two days after treatment.
Records shall be maintained in accordance with State of Montana Pesticide Act, Administrative
Rule 4.10.207 and copies submitted to the City of Bozeman Parks Division.
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Fertilization
Fertilization should be minimized to prevent unnecessarily high amounts of nutrients running
off into streams and wetlands on and off the site. No fertilizer should be applied within 50ft of
streams or wetlands to further minimize the potential for contamination through run‐off. Trees
and shrubs inside the 50ft buffer should be monitored and if fertilization is necessary, capsule
fertilizer should be used.
Lawns should be fertilized once in spring with a 24‐4‐24 blend after the last frost and with a 21‐
3‐21 in made to late summer. It is recommended that slow release fertilizer be used to prevent
excessive shoot growth and to provide turf nutrition over and extended period of time. Lawns
should be fertilized according to manufacturer standards. Annual soil test should be performed
to check nutrient levels and determine whether changes are necessary.
Outside the 50ft buffer, shade trees should be fertilized in April with a 16‐10‐9 blend plus iron
and zinc. Other trees should be fertilized with food spikes but no fertilization of woody
vegetation should occur past mid‐July. Trees under one year old should not be fertilized.
Evergreens should be pruned as necessary in June and shade tree pruning should be done in
April, except for birches. Birches should be pruned in mid‐July. All trees should be continually
monitored for pests and diseases throughout the growing season. Woody vegetation should be
deep watered right before the ground freezes.
Snow and Leaf Removal
Snow removal will be provided within the park by a snow removal service retained by the
Neighborhood Association. Sidewalks must be cleared within 24 hours after the end of a
snowfall event per Bozeman Ordinance 1529. The Home Owner’s Association will be
responsible for clearing snow on sidewalks and on walks adjacent to Parks and Open Spaces; no
snow removal will be performed on the natural fines trails. Leaf removal will be provided most
likely by a landscape contractor or handyman service, as retained by the Neighborhood
Association.
Irrigation System
The irrigation system should be charged in April, after the ground thaws and plants start
growing. The manual drain valves should be turned to the closed position and well pump
power switch turned on. The controller should be programmed for the anticipated water
requirements for the current month. All heads should be checked for breakage and proper
coverage and check on a monthly basis for necessary adjustments. Drip emitters should be
periodically checked and the inter system should be regularly monitored for line breaks, head
breakage and vandalism.
Head replacement should be done with the same brand to ensure efficient coverage for the
shall working pressure and dispersal at an equal precipitation rate. The height of heads should
be checked to avoid damage from mowers or maintenance equipment.
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9
Winterization should take place during the last week of October. Power to the well pump
should be shut off and all manual drain valves opened. To flush out the lines, a high power air
pump shall be connected to the quick coupler valves and air should be run through the system.
Each valve zone should be opened and closed until all water is completely flushed out, then the
controller should be turned off and water lift off until spring. Any necessary watering during
the winter months should be done with a tank to prevent damage to the irrigation system.
Animal Control
Pets should be leashed at all times while in the parks and open space and residents must clean
up after their pets. If rodents become a problem with regards to damaging plant material or
posing a health risk to residents or pots, rodent control should be utilized. However, no poison
is permitted on within parkland or open space areas.
Refuse
Refuse within the parks and open space will be collected weekly by a service retained by the
Neighborhood Association or the party responsible for maintenance.
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10
Section 2
PARK PLAN DRAWINGS
Please refer to Sundance Apartments At Baxter Meadows Phase II Park submittal package for
full size park plan drawings
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11
Section 3
SOILS INFORMATION
219
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220
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Section 4
PARK AMENITIES
Bench Concept
Picnic Pavilion Concept
221
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Parks Master Plan
14
Bike Rack Concept
222
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Park Grill Concept
Park Picnic Table Concept
223
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16
Park Trash Receptacle Concept
Park Dog Waste Station Concept
224
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17
Section 5
COST ESTIMATE (Required Parkland)
225
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Section 5
COST ESTIMATE (Enhanced Parkland)
226
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19
Section 6
Waiver of Park dedication and Alternate Compliance
Section 38.27.100 Waiver of Park dedication
Sundance Apartments at Baxter Meadows Phase II is a little over 9 acre development on the northwest
edge of the City of Bozeman. The development is bounded by Kimberwicke Street, Davis Lane, Galloway
Street, and Caspian Avenue and features public open spaces, a recreation center with swimming pool and
gym, a picnic pavilion and court yards. Within the development there is 1.12 acres of dedicated open space
in addition to the 10,000 sqft recreation center and 1,100 sqft of picnic pavilion space found on site.
The dedicated parkland is located to the south of the development and is bounded by Caballo Avenue,
Galloway Street, Equestrian Lane, and Caspian Avenue and features expansive open lawn space, picnic
areas, two pavilions, public gathering space for farmers markets or events deemed appropriate, natural
amphitheater, native grass berming, a tree allee for shading, and power supply for venders and food trucks.
We are requesting to use Section 38.27.100 sub-section A2 in the Bozeman UDO to satisfy our
requirements for recreation and park dedication. The Sundance Apartments at Baxter Meadows Phase II
will seek to satisfy all of its Parkland dedications through a combination of the Dedicated Parkland and the
recreational amenities provided within the development which are sufficient to meet the needs of those
who will ultimately reside in the development. The combination of these spaces will result in the
Sundance Apartments at Baxter Meadows Phase II dedicating 2.85 acres of dedicated parkland, while
providing residence with an additional 1.12 acres of open space and over 11,000 sqft of recreational
amenities within the development itself.
Review Criteria:
1. We believe that the granting of this alternate compliance will not be detrimental to public health,
safety or general welfare. The extensive installation of amenities, open spaces, and recreational
opportunities chartered to residence of the Sundance Apartments at Baxter Meadows Phase II, will
enhance the quality of life for residents within the development, while still providing a sense of
community with the surrounding residents through the dedicated parkland and its community
driven amenities.
2. With the extensive amenities provided within the development, promoting a healthy lifestyle and a
strong community feel, the dedicated 2.85 acres of parkland will be more than sufficient to provide
parkland and community gathering space for the surrounding neighborhoods. By providing
adequate space and facilities for community gathering the dedicated parkland will promote strong
community ties both within the Sundance Apartments at Baxter Meadows Phase II development
and with the surrounding residents.
3. The implementation will not cause a substantial increase in public costs. The Park parcel will be
dedicated to the City of Bozeman as is normal practice in development. The Common Open
Space within the development will be owned and maintained by the HOA reducing the overall cost
incurred by the public.
4. The granting of the alternate compliance will not cause non-conformance with other provisions of
the development or zoning codes.
A layout of all proposed Parkland and Common Open Space has been provided in the Parks Master Plan
as part of the Sundance Apartments at Baxter Meadows Phase II Preliminary Plat Submittal.
227
FREFREFREFREFREFREFREFREFREFREFREBRAFRESPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRFREBRABRABRAFREFREPROPERTY LINE379'-2"325'-4"379'-2"325'-2"EQUESTRIAN LANECASPIAN AVENUE
CABALLO AVENUE
GALLOWAY STREETFREFREBRAFREOWNER / DEVELOPERBAXTER MEADOWS LAND PARTNERS, LLC12388 TIMBERLINE DR.HIGHLAND, UT 84003801-787-1476LANDSCAPE ARCHITECTDESIGN 5 LANDSCAPE ARCHITECTURE37 E MAIN ST SUITE 10BOZEMAN, MT 59715406-587-4873ARCHITECTTHE RICHARDSON DESIGN PARTNERSHIP, LLC510 SOUTH 600 EASTSALT LAKE CITY, UT 84102801-355-6868CIVIL ENGINEERTD&H ENGINEERING234 EAST BABCOCK SUITE 3BOZEMAN, MT 59715406-586-0277RESIDENTIAL DEVELOPMENT SITE DATAADDRESS:3605 BAXTER LANE BOZEMAN, MT 59718LEGAL DESCRIPTION:SUNDANCE MINOR SUBDIVISION, PH A,SEC 34, T1S, R5E, LOT 2PROPOSED USE:RESIDENTIAL (APARTMENTS)ZONE:B-2 (COMMUNITY BUSINESS DISTRICT)MAX BUILDING HEIGHT:44'-0" (per Sec. 38.10.060)TOTAL SITE:9.132 ACRES (397,790 sqft)29% BUILDING FOOTPRINT:117,328 sqft24% GREEN SPACE / LANDSCAPE:+ / - 96,587 sqft31% PARKING / PAVING:+ / - 125,409 sqftON-SITE OPEN / PLAY SPACE:48,969 sqftPATIO / BALCONY SPACE:10,260 sqftTOTAL OPEN SPACE PROVIDED: 59,229 sqftOPEN SPACE REQUIRED (Per Sec. 38.27.020E):30,300 sqftUNIT MIX:19% ONE-BEDROOM:42 UNITS64% TWO-BEDROOM:138 UNITS17% THREE-BEDROOM:36 UNITSTOTAL UNITS:216DEDICATED PARKLANDTOTAL PARKLAND REQUIRED: 3.28 ACRES216 UNITS / 9.132 ACRES = 23.65 UNITS PER ACRE (max 12 units per acre)(12 UNITS / ACRE) x (.03 ACRES / UNITS) = .36 ACRES PARKLAND(.36 ACRES PARKLAND) X (9.132 TOTAL ACRES) = 3.28 TOTAL ACRES PARKLANDTOTAL PARKLAND PROVIDED:2.85 ACRES (124,146 sqft)REMAINING .45 ACRES PROVIDED THROUGH PARK AMENITIES(SEE PARK MASTER PLAN DOCUMENT)PARKLAND PEDESTRIAN ACCESSPARK PEDESTRIAN ACCESS ROUTE FROM BAXTER MEADOWS PHASE II SITE IS AS FOLLOWS:PEDESTRIANS TO CROSS CASPAIN AVE. AT DESIGNATED CROSSWALK ON SOUTHWEST CORNER OF SITE.AFTER CROSSING CASPIAN AVE. PEDESTRIANS MAY CROSS AT ANY OF THE THREE(3) DESIGNATEDCROSSWALKS ACROSS GALLOWAY STREET ACCESSING THE NORTH END OF THE PARK LAND.LANDSCAPE SHEET INDEXL100PARK COVER SHEETL101PARK MASTER PLANL102PARK DIMENSIONING PLANL501PARK DETAILSL701PARK IRRIGATION PLANL702PARK IRRIGATION DETAILSPARK LOCATIONHARPER PUCKET ROAD
EAST BAXTER LANEDAVIS LANEVICINITY MAP1L100PARK MASTER PLANSCALE:1" = 20'-0"NIN FEETMASTERPARK PLANCOVER SHEETL 10009/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_16_0408.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)228
FREFREFREFREFREFREFREFREFREFREFREBRAFRESPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRFREBRABRABRAFREFREPPPP1" WASHEDROCK MULCHTRASH RECEPTACLE& DOG WASTESTATIONTRASH RECEPTACLE& DOG WASTESTATIONTRASH RECEPTACLE& DOG WASTESTATIONTRASHRECEPTACLE& DOG WASTESTATION+ 5CLASS IIGRAVEL FINESTRAIL (TYP)PARK BENCH (TYP)NATIVE SEEDINGGALLOWAY STREETCABALLO AVENUE
EQUESTRIAN LANECASPIAN AVENUETREE ALLEENATIVE SEEDINGBLUEGRASS SODBLUEGRASS SODBLUEGRASS SOD(2) BBQ GRILLFREFREBRA(2) BIKE RACK(2) TRASH RECEPTACLEP(1)(2)+ 5+ 5FREFUTURE PARK SIGNTREESSYMB.BOTANICAL NAMESIZETYPESPACING#COMMON NAMEPLANT SCHEDULEACER x FREEMANII ***FREEMAN MAPLE2.5" CALB & BPER PLAN20TILIA AMERICANA 'REDMOND'REDMOND LINDEN2.5" CALB & BPER PLAN15GLEDITSIS TRIACANTHOS v. INERMIS ***THORNLESS COMMON HONEYSUCKLE2.5" CALB & BPER PLAN5MALUS x 'SPRING SNOWSPRING SNOW CRABAPPLE2.5" CALB & BPER PLAN30PICEA PUNGENS ***COLORADO SPRUCE6'-10'B & BPER PLAN11ULMUS AMERICANA 'BRANDON'BRANDON ELM2.5" CALB & BPER PLAN88'BRAOTHER*** DROUGHT TOLERANT SPECIESMATUREHEIGHT50'-65'40'-60'30'-40'25'-30'40'-60'40'-50'SPRSEEDNATIVE GRASS SEED MIX w/ WILDFLOWERPLUGS (SEE TABLE)SEEDPER PLAN11,967 sq/ftCLASS II GRAVEL FINES TRAIL1,790 Ln ftBLUEGRASS SODROLLPER PLAN106,472 sq/ftLANDSCAPE INSTALL NOTES1.PLACE TREES, SHRUBS, AND PLANT MATERIAL WITH LANDSCAPE ARCHITECT PRESENT.2.ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN STANDARD FOR NURSERY STOCK3.VERIFY ALL QUANTITIES. ILLUSTRATED PLAN SHALL DICTATE COUNT.4.NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT THE WRITTEN CONSENT OF THE LANDSCAPE ARCHITECT. ALLREQUESTS SHOULD BE SUBMITTED TO DESIGN 5 LANDSCAPE ARCHITECTURE. 406-587-4873 ORTROY@DESIGN5LA.COM5.ALL SOD AREAS SHALL HAVE A MINIMUM OF 4" TOPSOIL6.ALL PLANTING BEDS SHALL HAVE A MINIMUM OF 24" OF PREPARED, AMENDED SOIL TO PROMOTE PLANT GROWTH7.LANDSCAPE ARCHITECT SHALL MEET WITH LANDSCAPE CONTRACTOR ON SITE, AT PREDETERMINED INTERVALS TODISCUSS PROGRESS, QUESTIONS AND PRODUCT PLACEMENT.8.ALL EDGING SHALL BE 4" NATURAL STEEL (OR AS OTHERWISE SPECIFIED IN DETAILS). TAC WELD TO #4 REBARDRIVEN MIN. 18" DEEP.9.ALL PLANTING BEDS SHALL HAVE A WEED BARRIER INSTALLED BETWEEN THE SOIL AND COVERING LAYER OF ROCKOR MULCH. WEED BARRIER SHALL BE TYPAR 3201 AS MANUFACTURED BY LINQ INDUSTRIAL FABRICS INC ORAPPROVED EQUAL.10.TREES AND SHRUBS SHALL BE PLANTED IN HOLES THAT ARE MIN. 3X WIDER THAN ROOT BALL.11.ALL TREES SHALL BE STAKED FOR MIN. 2 YEARS. REMOVE STAKES AFTER 2 YEARS.12.ALL PLANTING BEDS TO BE MULCHED W/ 1 12" WASHED LANDSCAPE ROCK, W/ A MINIMUM DEPTH OF 3"13.ALL AREAS ON SITE DISTURBED BY CONSTRUCTION ACTIVITIES NOT INDICATED ON LANDSCAPE PLAN ARE TO BERECLAIMED AND RE-ESTABLISHED TO PRE-DISTURBANCE CONDITION, WITH APPROVAL OF LANDSCAPE ARCHITECT.14.ALL NATIVE SEED AREAS SHALL BE FENCED WITH 4' TALL WELDED WIRE FENCE AND T-POSTS FOR 1YR DURINGESTABLISHMENT.SYMB.PELECTRICAL KEYDUAL 50 AMP OUTLET50120 V OUTLETQTY52NATIVE SEED MIX FOR BERMS:CIRCLE S SEEDS NATIVE MIXSLENDER WHEATGRASS 25%WESTERN WHEATGRASS 10%THICKSPIKE WHEATGRASS 10%MOUNTAIN BROME 13%NEVADA BLUEGRASS 15%BLUEBUNCH/SNAKE RIVER WHEATGRASS 25%BLUE FLAX 2%GAILLARDIA ARISTATABLANKETFLOWERERIGERON SPECIOSASHOWY FLEABANERATIBIDA COLUMNIFERAPRAIRIE CONEFLOWERMONARDA FISTULOSABEE BALMFORB PLUGS (735 TOTAL):ROCKY MOUNTAIN PENSTEMONPENSTEMON STRICTUSQUANTITY147SEEDING RATE= 1.5 LBS/1000 SQ/FT147147147147TOTAL SEED AREA = 11,967 SQ/FT1L101PARK MASTER PLANSCALE:1" = 20'-0"NIN FEETMASTERPARK PLANL 10109/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_16_0408.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)229
FREFREFREFREFREFREFREFREFREFREFREBRAFRESPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRSPRFREBRABRABRAFREFREPPPP+ 4+ 5GALLOWAY STREETCABALLO AVENUE
EQUESTRIAN LANECASPIAN AVENUE
160'-5"51'-10"49'-8"22'-7"49'-2"185'-2"
102'-4"92'-7"R157'157'157'R47'R40'43'-7"
54'-4"124'-7"206'-9"148'184'-5"53'-11"288'-3"ȭȭR5'147'207'-5"ȭ40'-7"95'-7"ȭ23'9'-4"ȭ40'-7"13'-7"
8'-8"89'-5"104'-11"34'-11"4'-11"ȭR
5
'9'-2"9'-2"ȭ11'-10"ȭ9'-2"ȭȭ8:1 SLOPE8:1 SLOPEFREFREBRA(2) BIKE RACK(2) TRASH RECEPTACLEP(1)(2)+ 5+ 54:1 SLOPE
R26'-0"R26'-0"R48'-9"52'R100'-0"R22'-11"49'-11"50'-11"51'-9"4
2
'21'-8"31'-4"FRELANDSCAPE INSTALL NOTES1.PLACE TREES, SHRUBS, AND PLANT MATERIAL WITH LANDSCAPE ARCHITECT PRESENT.2.ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN STANDARD FOR NURSERY STOCK3.VERIFY ALL QUANTITIES. ILLUSTRATED PLAN SHALL DICTATE COUNT.4.NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT THE WRITTEN CONSENT OF THE LANDSCAPE ARCHITECT. ALLREQUESTS SHOULD BE SUBMITTED TO DESIGN 5 LANDSCAPE ARCHITECTURE. 406-587-4873 ORTROY@DESIGN5LA.COM5.ALL SOD AREAS SHALL HAVE A MINIMUM OF 4" TOPSOIL6.ALL PLANTING BEDS SHALL HAVE A MINIMUM OF 24" OF PREPARED, AMENDED SOIL TO PROMOTE PLANT GROWTH7.LANDSCAPE ARCHITECT SHALL MEET WITH LANDSCAPE CONTRACTOR ON SITE, AT PREDETERMINED INTERVALS TODISCUSS PROGRESS, QUESTIONS AND PRODUCT PLACEMENT.8.ALL EDGING SHALL BE 4" NATURAL STEEL (OR AS OTHERWISE SPECIFIED IN DETAILS). TAC WELD TO #4 REBARDRIVEN MIN. 18" DEEP.9.ALL PLANTING BEDS SHALL HAVE A WEED BARRIER INSTALLED BETWEEN THE SOIL AND COVERING LAYER OF ROCKOR MULCH. WEED BARRIER SHALL BE TYPAR 3201 AS MANUFACTURED BY LINQ INDUSTRIAL FABRICS INC ORAPPROVED EQUAL.10.TREES AND SHRUBS SHALL BE PLANTED IN HOLES THAT ARE MIN. 3X WIDER THAN ROOT BALL.11.ALL TREES SHALL BE STAKED FOR MIN. 2 YEARS. REMOVE STAKES AFTER 2 YEARS.12.ALL PLANTING BEDS TO BE MULCHED W/ 1 12" WASHED LANDSCAPE ROCK, W/ A MINIMUM DEPTH OF 3"13.ALL AREAS ON SITE DISTURBED BY CONSTRUCTION ACTIVITIES NOT INDICATED ON LANDSCAPE PLAN ARE TO BERECLAIMED AND RE-ESTABLISHED TO PRE-DISTURBANCE CONDITION, WITH APPROVAL OF LANDSCAPE ARCHITECT.14.ALL NATIVE SEED AREAS SHALL BE FENCED WITH 4' TALL WELDED WIRE FENCE AND T-POSTS FOR 1YR DURINGESTABLISHMENT.1L102PARK DIMENSIONING PLANSCALE:1" = 20'-0"NIN FEETMASTERDIMENSIONINGPLANL 10209/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_16_0408.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)230
PRUNE TREE TO REMOVEDEAD OR DAMAGED LIMBS ANDBRANCHESTREE STAKES AND TIESAS SHOWN. STAKES SHALLBE DRIVEN INTO EXISTING,UNDISTURBED SOIL ANDSHALL NOT PENETRATE THEROOT BALL. STAKES TO BEREMOVED AFTER TWO YEARS.FINISHED ELEVATION OF TREECROWN TO BE MIN 3" ANDMAX 6" ABOVE FINISHED GRADECIRCULAR SWALE TO RING TREE,3' DIAMETER WITH 3" HIGHMOUNDED RING OF SOILBURLAP TO BE REMOVEDFROM TOP 13 OF ROOT BALL.REMOVE WIRE CAGE FOLLOWINGPLANTING.13 NATIVE SOIL WITH 13 SANDY LOAMAND 13 DEBRIS FREE TOPSOIL.EXCAVATE HOLE AS SHOWN,3X DIAMETER OF ROOT BALL1L5013/8"=1'Coniferous Ball and Burlap Planting2L5013/8"=1'Ball and Burlap Deciduous Tree Planting DetailPRUNE TREE TO REMOVEDEAD OR DAMAGED LIMBS ANDBRANCHESTREE STAKES AND TIESAS SHOWN. STAKES SHALLBE DRIVEN INTO EXISTING,UNDISTURBED SOIL ANDSHALL NOT PENETRATE THEROOT BALL. STAKES TO BEREMOVED AFTER TWO YEARS.FINISHED ELEVATION OF TREECROWN TO BE MIN 3" ANDMAX 6" ABOVE FINISHED GRADECIRCULAR SWALE TO RING TREE,4' DIAMETER WITH 3" HIGHMOUNDED RING OF SOILBURLAP TO BE REMOVEDFROM TOP 13 OF ROOT BALL.REMOVE WIRE CAGE FOLLOWINGPLANTING.13 NATIVE SOIL WITH 13 SANDY LOAMAND 13 DEBRIS FREE TOPSOIL.EXCAVATE HOLE AS SHOWN,3X DIAMETER OF ROOT BALL3L5013/4"=1'Shrub Planting DetailPRUNE SHRUB TO REMOVEDEAD OR DAMAGED LEAVESAND BRANCHESELEVATION OF SHRUBCROWN TO BE 3" ABOVEFINISHED GRADE ELEVATIONCIRCULAR SWALE TO RING SHRUB,2' DIAMETER WITH 3" HIGHMOUNDED RING OF SOILALL CONTAINMENT MATERIALSAROUND ROOTS TO BE REMOVEDPRIOR TO INSTALLATION13 NATIVE SOIL WITH 13 SANDY LOAMAND 13 DEBRIS FREE TOPSOIL.EXCAVATE HOLE AS SHOWN,3X DIAMETER OF ROOT BALLX
XXYBED EDGING ANDMULCH AS SPECIFIEDTILL NATIVE SOIL TO 12" DEPTH, ADDING ORGANIC SOILAMDENDMENT SO AS TO REACH MIN. 15% ORGANIC CONTENT IN SOIL.X = PLANT SPACING. REFER TO PLANT LEGEND FORSPACINGY = SPACING BETWEEN ROWS. 86% OF XO = PLANT LOCATIONTRIANGULAR SPACING4L5011/2"=1'Perennial Planting DetailTRIANGULAR SPACING= PLANT LOCATIONX
XXYY = SPACING BETWEEN ROWS, 86% OF X.X = PLANT SPACING. REFER TO PLANT LEGEND FOR SPACING REQUIREMENTS.TILL NATIVE SOIL TO 12" DEPTH. ADD ORGANICMATERIAL AS NECESSARY TO ACHIEVE 15% ORGANICCONTENT IN SOIL.BED EDGING AND MULCHAS SPECIFIED5L5011/2"=1'Ornamental Grass Planting Detail6L5011"=1'Edging Detail14" NATURAL STEEL EDGINGMULCH MATERIAL PER PLANMIN 3" DEEP.FINAL ELEVATION MIN 1" BELOWTOP OF STEEL EDGING1" FACE REVEAL#4 REBAR, 24" OC, MIN. 18" DEPTH SPOT WELD ON SITETO STEEL EDGINGWEED FABRIC PER PLAN4" STAPLES, 18" OC7L5011"=1'Boulder DetailBOULDER PER PLANFINISHED GRADECOMPACT AGGREGATEBASE, 3" DEPTHNATIVE SOIL7L5013/8"=1'Class II Gravel Fines Trail (typ)6' Min WIDTH3" Min THICKNESS OF 38" MinusCOMPACTED GRAVEL( NATURAL FINES SEE NOTE 1.)3" Min THICKNESS OF34" Minus COMPACTEDCRUSHED GRAVEL BASECOMPACTED SUBGRADE(SEE NOTE 2.)2% Max SLOPE4:1 MaxNOTES:1.NATURAL FINES SHALL CONSIST OF 80% SAND, 10%SILT, AND 10% CLAY2.A SOIL STERILANT SHALL BE APPLIED TO THESUBGRADE PRIOR TO PLACEMENT OF GRAVEL BASE.PARKLANDSCAPEDETAILSL 50109/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_16_0408.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)231
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IRR IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRR IRR IRR IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRZONE 162"31.50IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRR IRRIRR IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIGATION NOTES AND SPECIFICATIONS1.ALL VALVE BOXES TO BE STANDARD SIZE OR LARGER2.IRRIGATION MAIN LINE TO BE 2.5" SCH 40 PVC PIPE3.ALL LATERAL LINE SIZING INDICATED PER IRRIGATION PLAN4.ALL SPRAY AND ROTOR IRRIGATION HEADS TO ACHIEVE HEAD TO HEADCOVERAGE.5.ALL TREES TO BE IRRIGATED THROUGH DEDICATED BUBBLERS EVENLYDISTRIBUTED AROUND BASE OF TREE WITH THREE (3) EVENLY SPACED.25 GPM BUBBLER EMITTERS. TREE BUBBLER LATERALS AND VALVESARE TO BE INSTALLED PER IRRIGATION CONTRACTOR DISCRETION ANDVERIFIED BY LA. ALL TREES TO HAVE DEDICATED BUBBLER IRRIGATIONINSTALLED PER IRRIGATION SPECIFICATIONS.6.TREES AND SHRUBS PLACED WITHIN PLANTING BEDS MAY UTILIZE DRIPIRRIGATION ADJUSTED PER INDIVIDUAL PLANT REQUIREMENTS.7.ALL SHRUBS OUTSIDE OF DEDICATED PLANTING BEDS TO HAVEDEDICATED BUBBLERS EVENLY DISTRIBUTED AROUND BASE, WITH TWO(2) EVENLY SPACED .25 GPM EMITTERS.8.ALL MIXED SHRUB AND PERENNIAL PLANTINGS TO BE IRRIGATED WITHDEDICATED DRIP TUBING EMITTERS ADJUSTED PER INDIVIDUAL PLANTREQUIREMENTS. LAWN AND SEED AREAS TO BE IRRIGATED WITHSPRAY OR ROTOR OVERHEAD IRRIGATION AS INDICATED PER PLAN.ALL HEADS MUST ACHIEVE HEAD-TO-HEAD COVERAGE9.SYSTEM SHALL UTILIZE WEATHER / MOISTURE MONITOR.10.BACKFLOW PREVENTOR AND BLOWOUT ASSEMBLY SHALL BE LOCATEDIN MECH ROOM OR APPROVED EXTERNAL GRADEBOX, AND IS THERESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO COORDINATEINSTALLATION PER LOCAL CODES AND ORDINANCES, WITHARCHITECTURE. AND WITH ALL OTHER TRADES.11.POWER SOURCE FOR IRRIGATION CONTROLLER TO BE COORDINATEDWITH ELECTRICAL ENGINEERING AND ELECTRICAL CONTRACTOR BYLANDSCAPE CONTRACTOR.12.DO NOT INSTALL IRRIGATION SYSTEM WHEN OBVIOUS OBSTRUCTIONSOR GRADE CHANGES ARE PRESENT.13.ALL INFORMATION TO BE FIELD VERIFIED BY CONTRACTOR PRIOR TOINSTALLATION.14.CONTRACTORS RESPONSIBILITY TO CONFIRM WATER SOURCE, VERIFYWATER PRESSURE, AND GPM AVAILABLE. LANDSCAPE ARCHITECT TOBE NOTIFIED OF ANY DISCREPANCIES BETWEEN STATED WATERPRESSURE AND GPM AND ACTUAL.15.PLAN IS DIAGRAMMATIC FOR PIPING AND VALVE LAYOUT. IRRIGATIONCONTRACTOR MAY ADJUST PIPING AND VALVE LOCATION ASNECESSARY WITH LA APPROVAL, ALL PIPING AND VALVES TO BE INLAWN/GARDEN AREAS.16.THE CONTRACTOR SHALL MAINTAIN AN ACCURATE & CURRENT'AS-BUILT' IRRIGATION PLAN ON SITE AT ALL TIMES.NOTE:IRRIGATION VALVE SCHEDULELOCATION / TYPEZONENW PERIMETER ROTOR1VALVE SIZE31.50 GPM2"GPM212.00 GPM2"324.50 GPM2"435.00 GPM2"58.25 GPM2"735.00 GPM2"810.77 GPM2"924.36 GPM2"NOTE:-VALVE SIZING BASED ON: 35 GPM AND 50 PSI AT POINT OF CONNECTION W/ 2.5" MAINLINE.635.00 GPM2"NW TREE BUBBLERNW 360 ROTORNE PERIMETER ROTORNE TREE BUBBLERNE 360 ROTORNE PAVILION ROTORE SPRAY 1E BLVD SPRAY1019.23 GPM2"E ROTOR 1116.64 GPM2"E SPRAY 21212.00 GPM2"E BLVD BUBBLER1321.93 GPM2"E ROTOR 21430.00 GPM2"CENTRAL ROTOR1520.69 GPM2"E SPRAY 31631.50 GPM2"SE 360 ROTOR46,649 galTOTAL WEEKLY H20 REQUIRED:18 WEEKSTOTAL WATER WEEKS PER YEAR:839,682 galTOTAL ANNUAL H20 REQUIRED:2.60 ACRE FT / YEAR25 MinDURATION20 Min45 Min25 Min20 Min25 Min5 Min5 Min45 Min25 Min5 Min20 Min25 Min25 Min5 Min45 Min2363 GalGALLONSPER WEEK720 Gal3308 Gal2625 Gal495 Gal2625 Gal54 Gal366 Gal4725 Gal1443 Gal100 Gal720 Gal1645 Gal2250 Gal311 Gal4253 Gal1710.50 GPM2"S BUBBLER20 Min630 Gal1824.00 GPM2"S BLVD SPRAY 15 Min360 Gal1931.50 GPM2"SE PERIMETER ROTOR25 Min2363 Gal2024.50 GPM2"S BLVD SPRAY 25 Min368 Gal2121.00 GPM2"S ROTOR 125 Min1575 Gal2228.00 GPM2"SW 360 ROTOR45 Min3780 Gal2317.50 GPM2"S PERIMETER ROTOR 225 Min1313 Gal2421.75 GPM2"TREE ALLEE BUBBLER20 Min1305 Gal255.34 GPM2"W SPRAY 15 Min80 Gal2621.28 GPM2"W PERIMETER ROTOR 125 Min1596 Gal275.20 GPM2"W SPRAY 25 Min78 Gal2821.00 GPM2"W 360 ROTOR45 Min2835 Gal2931.50 GPM2"W PERIMETER ROTOR 225 Min2363 GalNOTE:1.IRRIGATION CONTROLLER TO BE INSTALLED ONPEDESTAL ADJACENT TO ILLUSTRATED LOCATION ANDAPPROVED BY LA PRIOR TO INSTALLATION.2.BACKFLOW PREVENTOR, AND WINTERIZATIONASSEMBLY TO BE INSTALLED IN APPROVED EXTERNALENCLOSURE. ENCLOSURE TO BE APPROVED BY LAPRIOR TO INSTALLATION.2 IRR2 IRR2 IRRDDDIRRIRRIRR2.5" PVC MAINLINE2" LATERAL LINEDRIP LINECONTROL VALVEQUICK COUPLER VALVE2.5"SYMBOL DESCRIPTION SIZE DETAIL IRRIGATION LEGEND:8, L7022, L702IRRIGATION SLEEVE 4" MINIMUM SCH 40SOFT WALL DRIP TUBINGSEE PLANIRRIGATION CONTROLLERBACKFLOW PREVENTER2.5"11, L702CONNECTION POINT1, L702DRIP CONTROL VALVE3, L702SEE PLANBOILER DRAIN2.5"SCH 40 PVCROTOR IRRIGATION HEAD6, L702SPRAY IRRIGATION HEAD5, L702SCH 40 PVCWWEATHER STATION4, L702VALVE SYMBOLBFCCPWIRRIGATION WELL LOCATIONGPMSIZEZONE #1L701PARK IRRIGATION PLANSCALE:1" = 20'-0"NIN FEETPARKIRRIGATIONPLANL 70109/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_irrigation_15_1201.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)232
INTERIOR OREXTERIOR WALL1L702NTSIrrigation Controller DetailMINIMUM CLEARANCEFOR DOOR OPENINGMODEL IC-600-PLCONDUIT, UP TO 2" SIZE.ADDITIONAL CONDUIT UP TO 1-1/2"SUPPLEMENTAL GROUND WIREINSTALL PER ASIC GUIDELINES34" POWER SUPPLY CONDUITJ-BOX INSIDE CONTROLLERCONNECT PER LOCAL CODE1' 31/2"T CHRISTY ID. TAGREMOTE CONTROL VALVESCH 80 PVC SOLVET WELDED UNIONSSDR 21 PVC LATERAL PIPE2L702NTSIrrigation Control ValveVALVE BOX WITH LOCKING LIDFINISH GRADEWATERPROOF CONNECTIONS (2)18-24" COILED WIRESCH. 80 TOE NIPPLESCH. 40 FITTINGSBRICK SUPPORTS (4)34" MINUS WASHED GRAVEL7L702NTSEmitter on Stake14" TUBING DRIP EMITTERTUBING STAKEAMENDED SOIL 17MM BLANK PLD TUBING14" BARBED CONNECTORRAINBIRD SJ127575 PRE-FAB SWING JOINT OR EQUIVILANTLATERAL PIPELATERAL TEE OR ELLFINISH GRADEMODEL I20-04 ROTOR HEAD OREQUIVILANT6L702NTSRotor DetailMODEL PROS-04 OR EQUIVILANTLATERAL PIPEFINISH GRADELATERAL TEE OR ELLSWING JOINT:RAINBIRD SA125050 OR EQUIVILANT5L702NTSHunter Pro Spray or Equivalent8L702NTSQuick CouplerFINISH GRADE / TOP OF MULCHQUICK COUPLING VALVE:RAINBIRD HQ44-RC OR EQUIVILANT34" ROUND VALVE BOX WITHLOCKING LID3 INCH MINIMUM DEPTH OF34" WASHED GRAVELBRICK (1 OF 2)PVC SCH. 80 NIPPLEPVC 1X1 TXT COUPLING LASCOG132212 SWING JOINTPVC OR POLY MAINLINE PIPEPER PLAN36" #4 REBAR WITH STAINLESSSTEAL GEAR CLAMPSNOTE:FOR MOST ACCURATE TEMPERATURE SENSING, ROTATE THEMWS SO THAT THE THERMOSTAT PORTION POINTS SOUTH.THE MWS IS DESIGNED TO MOUNT ON A POST OF 2" PIPE,ANY COMBINATION OF PIPE AND FITTINGS MAY BE USED.2" PIPEMOUNT TO POST OR WALLWITH CONDUIT CLAMPSMODEL MWS-FR OR SIMILAROPTIMUM MOUNTINGHEIGHT 6' ABOVE GRADERUN LEAD WIRESTO CONTROLLER4L702NTSMini Weather Station - Hunter or EquivalentSUPER JUMBO VALVE BOXFINISH GRADE18-24" COILED WIREWATERPROOF CONNECTORS (2)BRICK SUPPORTS (7)SCH 80 T.O.E. NIPPLEMAIN LINE PIPE & FITTINGS3/4" MINUS WASHED GRAVELDRIP ZONE KITLATERAL PIPE AND FITTINGSPVC SLIP UNIONS (2)3L702NTSIrrigation Drip Control Valve12L702NTSTrenching DetailsFINISH GRADELATERALLATERALMAIN LINEBEDDINGLOW VOLTAGE WIRELOW VOLTAGE WIRESECTIONSPLANSSNAKE ALLLATERAL PIPEIN TRENCHTAPE AND BUNDLE ALL WIRING AT 10'INTERVALS. USE 6" WIDE MARKING TAPE 6"ABOVE ALL DIRECT BURIAL WIRING. ALLSPLICES SHALL BE MADE IN VALVE BOXESAND LOCATED ON AS-BUILT PLANS.ALL 120V. WIRING SHALL BE IN CONDUIT WITHMARKER TAPE AS ABOVE. ALL WIRING UNDERPAVEMENT AND THROUGH SLEEVES SHALL BEIN CONDUIT.TIE A LOOSE 20" LOOP IN WIRING AT ALLCHANGES IN DIRECTION GREATER THAN 30DEGREES. UNTIE ALL LOOPS AFTER MAKINGCONNECTIONSFINISH GRADEMARKING TAPETIESLOOPDIRECT BURYSECTIONCONDUITSECTIONDIRECT BURY PLANCONDUIT PLANNIBCO T-113 BRONZE GATE VALVE OREQUIVILANTSCH 40 MALE ADAPTORFINISH GRADE10" VALVE BOX W/LOCKING LIDSCH 40 PVC MAIN LINE10L702NTSIsolation Valve11L702NTSBackflow Preventer(1)FINISHED GRADENOTES1.1 12" BACKFLOW ASSEMBLY, PER LOCAL CODES AND ORDINANCES2.PRESSURE VACUUM BREAKERS MUST BE INSTALLED AT LEAST 12"ABOVE DOWNSTREAM PIPING3.ALL NIPPLES AND VALVES TO BE COPPER OR BRASSMANUAL BRASS SHUTOFFBALL VALVEMANUAL BRASS SHUTOFFBALL VALVEWINTERIZATION ASSEMBLY TO BEINSTALLED AS CLOSE TO BACKFLOW PREVENTER AS POSSIBLE.1"x4" CEDAR PANEL BACKFLOWENCLOSURE9L702NTSTree and Shrub BubblerHUNTER PCB-50 BUBBLERFINISH GRADESWING JOINT:HUNTER 'PRO-FLEX' TUBING 24"-36",HSBE-050 ELBOWS (2), & MARLEXSTREET ELBOW (1)LATERAL TEE OR ELLLATERAL PIPETREE BUBBLERSWING PIPELATERAL PIPETREE LOCATIONLATERAL TEETREE ROOT ZONEPLANSECTIONPARKIRRIGATIONDETAILSL 70209/08/15CONDITIONALUSE PERMIT12/03/15CONDITIONAL USEPERMIT (REVISED)design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\clients\baxter meadows phase ii\autocad\baxter meadows park\baxter meadows park_irrigation_15_1201.dwg
SUNDANCE APARTMENTS AT
BAXTER MEADOWS PHASE II
3605 Baxter Lane
Bozeman, Montana 59718
TWO TMS
03/09/16CONDITIONAL USEPERMIT (REVISED)04/08/16CONDITIONAL USEPERMIT (REVISED)233
Baxter Meadows
Bozeman City
Land Use Study
234
Project Objectives
• This land use study was undertaken to determine what
would be the most appropriate land use development(s)
for the subject property (referred to as Baxter Meadows).
• This study compares and contrasts the Baxter Meadows
development property to what currently exists in
Bozeman and its surrounding communities in order to
assist in determining the appropriate size and mix.
235
Project Key Findings
• Consumer retail consumption by the local population is
inadequate to support the current supply of retail square
footage in the market place. There is significant oversupply
in the market.
• Given the long term residential development(s) planned in
Baxter Meadows and the adjacent properties, the current
over capacity in retail development would be absorbed
(accommodated) through natural residential growth over
the next several years.
• Baxter Meadows is strategically well positioned in an
emerging marketplace. As such, the immediate corner of
Baxter and Davis Lanes should be exclusively developed for
retail usage.
236
Bozeman City Population Summary City
2000 Total Population 29,510
2010 Total Population 37,280
2015 Total Population 38,358
2015-2020 Projected Annual Rate 1.85%
2015 Housing Units 21,571
Owner Occupied Housing Units 47.4%
Renter Occupied Housing Units 52.6%
Median Household Income
2015 $50,413
2020 $57,814
Median Age
2015 30.2
2020 32.2
2015 Employed Population 16+ by Occupation
Total 38,007
White Collar 66.0%
Blue Collar 14.8%
• Steady Population Growth.
• 1.85% projected annual growth rate
compared to National Average of 0.8%
• A dominant White Collar workforce.
• Younger population base.
237
Bozeman City Consumer Spending
• A national benchmark is set at 100 for
each product line. If a spending
potential index (per category) falls below
100 the consumer is spending less than the national benchmark. Conversely, if
the spending potential index is over 100
the consumer is spending more than the
national benchmark for that particular
category
• Spending potential indexes indicate that
the local consumers in Bozeman City
spend below the national benchmark
across most categories.
• The table to the right illustrates, for
example, that Bozeman City consumers
less on apparel and services (60) than
the national benchmark of 100. Other
categories in this table demonstrate
similar consumer spending habits.
238
Bozeman City
• Retail Surplus/Leakage Report
for Bozeman City indicates the
local market demand and
supply across a number of
industry groups. Demand is
the potential retail spend by
consumers in Bozeman City.
Supply refers to the existing
retail sales.
• “Green’ indicates an under-
supply of retail space in a
particular category, meaning
the consumers are leaving
Bozeman City to make
purchases in this category.
“Red” indicates there is an
existing over supply of a
particular category.
• Note that the majority of
Bozeman City is red.
239
Bozeman City – Key Findings
• Steady population growth.
• Annual growth rate well above U.S. average.
• Steady growth in white collar employment.
• Spending potential indexes indicate that the local consumers in
Bozeman City spend below the national benchmark across most
categories.
• The Retail Surplus/Leakage Report indicates a surplus of retail
supply across most industry groups.
240
Baxter Meadows
The subject property – Baxter Meadows is located in the north-west section of
Bozeman City. The property is located on the north-west corner of Davis and
Baxter Lanes.
241
Baxter Meadows Area Population Summary Community
2000 Total Population 3,597
2015 Total Population 4,709
2020 Total Population 5,569
2015-2020 Projected Annual Rate 3.41%
2015 Housing Units 2,540
Owner Occupied Housing Units 60.6%
Renter Occupied Housing Units 24.5%
Vacant Housing Units 14.8%
Median Household Income
2013 $61,989
2020 $73,021
Median Age
2010 30.5
2020 33.1
2013 Employed Population 16+ by
Occupation
Total 1,938
White Collar 76.1%
Blue Collar 11.7%
• Steady Population Growth.
• 3.41% projected annual growth rate
compared to 1.85% for Bozeman City and
National Average of 0.8%
• A predominantly white-collar workforce.
• Owner Occupied Housing Units constitute
the majority of housing stock.
• Strong Median Household Income
forecasted through 2020.
242
Baxter Meadows Area Retail Spending
• A national benchmark is set at 100 for
each product line. If a spending
potential index (per category) falls below
100 the consumer is spending less than the national benchmark. Conversely, if
the spending potential index is over 100
the consumer is spending more than the
national benchmark for that particular
category
• Spending potential indexes indicate that
the local consumers in the subject
property area (Baxter Meadows) spend
very close to the national benchmark
across most categories, unlike Bozeman
City.
• Highlighted in the table to the right,
illustrates, for example that consumers in
the Baxter Meadows area spend a
potential index of 93 on apparel and
services. compared with Bozeman City
which had an index of 60 for apparel and services.
243
Baxter Meadows
• Retail Surplus/Leakage Report
for the Baxter Meadows area
indicates the local market
demand and supply across a
number of industry groups.
Demand is the potential retail
spend by consumers in the
Baxter Meadows area. Supply
refers to the existing retail
sales.
• “Green’ indicates an under-
supply of retail space in a
particular category, meaning
the consumers are leaving
Bozeman City to make
purchases in this category.
“Red” indicates there is an
existing over supply of a
particular category.
• Unlike Bozeman City, “green”
is relatively prevalent in Baxter
Meadows.
244
Baxter Meadows
Area
0
0.5
1
1.5
2
2.5
3
3.5
4
Area
State
USA
• The table (opposite)
highlights the key market
metrics. The Baxter
Meadows trade area
population is expected to
grow at a rate much higher
than both the State and
the Country. It is important
to note however, while the
table demonstrates a
strong rate of population
growth over the next 5
years (well above the State
and Country averages) the
local area maintains a
relatively small population
base.
1 mile radius trends 2015-2020 Annual Rate (%) 245
Site Absorption – Trade Area
Continued success for retail development is
determined by three factors (1) the current
supply of retail businesses (2) the demand
generated by the population for a
particular retail business and (3) the size of
the population.
Certain retail trade areas in the city will also
benefit from tourist business, locally
narrowing a Red retail gap. Neighborhood
market areas, such as Baxter Meadows, are
much less likely to benefit from this trade,
and planned development should be
based primarily on demand from within the
trade area.
246
Site Absorption – Trade Area
• Within a 1 mile radius of
Baxter Meadows it
would take
approximately 10 years
to absorb the total retail
supply. It should be
noted; however, that
select (convenience
based retail) is under
supplied in the area and
should be targeted as
the choice tenants.
• Within a 3 mile radius it
will take 15 years and
within a 5 mile radius it
will take 12 years.
560,083,634
42,882,478
534,369,258
1
3
5
247
Site Absorption – Case Study A
1 mile Trade Area
Demand for Building Supply materials in
the trade area is $1,671,292 and Supply is
$7,409,990 resulting in a retail gap of
($5,738,698). The number of households
required to support this level of retail
spend is 8,098. The actual number of
households at present is 2,037. Based on
current population growth rates it will take
until 2041 (26 years) to absorb the current
retail inventory stock for Building Supplies
(1 mile radius).
Demand
generated by
2037
households
Supply exists
for 8098
households
Retail Gap
excess
retail supply
$1,671,292 7,409,990 ($5,738,698)
248
Site Absorption – Case Study B
3 mile Trade Area
Demand for Clothing Sales is $33,584,725
and supply is $81,802,652 resulting in a
retail gap of ($48,217,927). The number
of households required to support this
level of retail is 47,107. The actual number
of households to date is 25,706. Based
on current population growth it will take
until 2031(16 years) to absorb the current
retail inventory stock for Clothing sales(5
mile radius.)
Assumptions:
• No increase in supply until 2020.
• Households grow at a rate of 3.41% annually between 2015-2020.
• Demand increases at annual inflation rates of 1.49% (2016), 2.37%(2017), 2.54%(2018), 2.33%(2019) and 2.31%(2020).
• The gap analysis does not include the impact of a tourist/visitor based sector on the local economy. It is extremely difficult to model and accurately
measure the local impact tourist based “dollars” have on a market. As such, the market is measured based on local residents only but it should be
noted that the retail market across Bozeman is positively impacted by the tourist component.
Demand
generated by
25,706
households
Supply exists
for 47,107
households
Retail Gap
excess retail
supply
$33,584,725 $81,802,652 ($48,217,927)
249
Site Absorption – Case Example C
5 mile Trade Area
Demand for Grocery Stores sales is
$81,587,607 and supply is $88,043,364
resulting in a retail gap of ($6,455,757).
Unlike the previous examples, the retail
gap disappears by 2017. By 2020 the
demand is $108,443,719 and supply is
$88,043,364 resulting in a retail gap of
$20,400,355. The positive gap signals to
retailer(s) they would have the potential
market to be successful in 5 years.
Demand
generated in
2020
Supply
available in
2020
Retail Gap
$108,443,719 $88,043,364 $20,400,355
250
Baxter Meadows Trade Area Summary
• Population growth is projected to remain strong with steady new housing
starts in and around the Baxter Meadows market area
• Existing consumer retail consumption is generally inadequate to support the
current supply of retail square footage in the market place. An oversupply
exists, that creates a marginal environment for most retailers.
• Given the long term residential development(s) planned in Baxter Meadows
and the adjacent properties, the current over capacity in retail
development would be absorbed (accommodated) through natural
residential growth over the next several years.
• Baxter Meadows is strategically well positioned at in an emerging retail
marketplace. As such the immediate corner of Baxter and Davis Lanes
should be exclusively developed for retail usage. There is an obvious need
for development of a grocery retailer in the area.
• Given the current retail supply, convenience-based retail footprints should
be an immediate target market for prospective tenants.
• While the retail component suggests there is an over supply of retail, this
does not imply that no new retail would or could survive. There may be
selective, smaller-scale opportunities to fill “green” categories.
251
Baxter Meadows – Site Development
Recommendation
• Based on the Gap/Spend analysis together with current retail capacity
population projections and business growth trends, the following represents
an allocation of property to a particular land use required to meet the needs
of the local trade area over the next 5 to 10 years.
• Residential: 92,500 sq. ft.
• Office: 45,000 sq. ft.
• Retail: 75,000 sq. ft.
• Suggested Retail:
Grocery store 40,000 sq. ft.
Barber/salon 3,000 sq. ft.
Gas station 5,000 sq. ft.
2-3 QSR 7,000 sq. ft.
Discount Store 5,000 sq. ft.
Bar/restaurant 5,000 sq. ft.
Bank Branch 5,000 sq. ft.
Other Retail Uses 5,000 sq. ft.
252
From:David Crawford
To:Tom Rogers
Cc:Shawn Kohtz; Bill Turnbull; Steve Broadbent
Subject:Fwd: RE: Sundance Apartments 2 Application
Date:Wednesday, September 07, 2016 11:32:02 AM
Attachments:15439 Sundance CUP CC SR final.pdfBaxter Meadows Design Report Excerpts.pdf
Good morning Tom,
Our clients asked me to look into the lift station capacity question raised at the bottom of page 32 and top
of page 33 of your attached staff report. To summarize, I reviewed the original design report (excerpt
attached) by Allied Engineering, dated May 15, 2002. If you take a look, you will see that all 461 acres of the
Baxter Meadows property, plus 160 acres to the southwest of Baxter Meadows were intended to use the
Baxter Meadows lift station built by the developer.
I have studied the City's sewer maps, and it appears there have been other sewer mains routed through
Baxter Meadows' lift station, such as the Norton Ranch East and Diamond Estates No 2, Phase II and III lines.
Properties served by those sewer mains were not intended to use the lift station capacity built by the Baxter
Meadows developer. Our clients relied upon this capacity when they purchased this property. I assume the
City has future capacity expanding projects planned which would mitigate this situation, such as the impact
fee project shown on the City's Capital Planning map. That map shows a recommended pipe that would
intercept the Norton Ranch East line, and route it around Baxter Meadows.
In conclusion, the Sundance Apartments Phase 2 project should have capacity reserved either in the Bater
Meadows lift station, or the adjacent trunk main in Davis Lane. Requiring this project to increase the capacity
of the sewer system or pay into a payback district at this point is unreasonable.
Sincerely,
David Crawford, P.E. l President/CEOTD&H Engineering
234 E. Babcock Street, Suite 3 l Bozeman, MT 59715
p: 406.586.0277 l d: 406.602.4060
www.tdhengineering.com
>>> Tom Rogers <TRogers@BOZEMAN.NET> 7/6/2016 12:15 PM >>>
Dave,
The Sundance Apartments report has been completed and is attached to this email for your review.
We are scheduled Monday, July 11 before the Commission and based on their action we may have a
follow up meeting to continue the discussion.
In the mean time if you have any questions or concerns please do not hesitate to contact me.
Tom Rogers | Senior Planner | AICPCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268
From: David Crawford [mailto:David.Crawford@tdhengineering.com] Sent: Thursday, June 30, 2016 3:38 PM
253
To: Tom Rogers; Steve BroadbentCc: billturnbull@icloud.comSubject: RE: Sundance Apartments 2 Application
Tom,
That would be greatly appreciated.
Sincerely,
David Crawford, P.E. l President/CEO
TD&H Engineering
234 E. Babcock Street, Suite 3 l Bozeman, MT 59715
p: 406.586.0277 l d: 406.602.4060
www.tdhengineering.com
>>> Tom Rogers <TRogers@BOZEMAN.NET> 6/29/2016 4:56 PM >>>
David,
Chris Saunders has a draft and suggested he would have a chance to review this evening. As soon as
I hear back I will certainly forward the draft.
Tom Rogers | Senior Planner | AICPCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268
From: David Crawford [mailto:David.Crawford@tdhengineering.com] Sent: Wednesday, June 29, 2016 11:37 AMTo: Tom Rogers; Steve BroadbentCc: billturnbull@icloud.comSubject: RE: Sundance Apartments 2 Application
Hi Tom,
With the long weekend coming up, July 11 is just around the corner. Could you please send us that staff
report? Thank you!
Sincerely,
David Crawford, P.E. l President/CEO
TD&H Engineering
234 E. Babcock Street, Suite 3 l Bozeman, MT 59715
p: 406.586.0277 l d: 406.602.4060
www.tdhengineering.com
>>> Tom Rogers <TRogers@BOZEMAN.NET> 6/27/2016 4:35 PM >>>
Yes, still on July 11.
Tom Rogers | Senior Planner | AICPCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268
254
From: David Crawford [mailto:David.Crawford@tdhengineering.com] Sent: Monday, June 27, 2016 4:29 PMTo: Tom Rogers; Steve BroadbentCc: billturnbull@icloud.comSubject: RE: Sundance Apartments 2 Application
Hi Tom,
Are we still on the City Commission agenda July 11?
Sincerely,
David Crawford, P.E. l President/CEO
TD&H Engineering
234 E. Babcock Street, Suite 3 l Bozeman, MT 59715
p: 406.586.0277 l d: 406.602.4060
www.tdhengineering.com
>>> Tom Rogers <TRogers@BOZEMAN.NET> 6/27/2016 4:05 PM >>>
Steve,
I have completed a rough draft that Chris Saunders is reviewing. Once I receive comment back I will
share the report with you and your team. I would expect a revised draft in a few days.
Mr. Crawford requested an update a few days ago and I have not had time to responded until now.
Thank you for your patience.
Sincerely,
Tom Rogers | Senior Planner | AICPCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268
From: Steve Broadbent [mailto:steve@thrivecorp.com] Sent: Monday, June 27, 2016 3:18 PMTo: Tom RogersCc: David Crawford; Bill TurnbullSubject: Sundance Apartments 2 Application
Tom,
You mentioned that we would have the letter regarding this project no later than 2 weeks from the
planning commission date. I still have not received it and wanted to follow up with you. Can you email a
copy over to me?
Thank you,
Steve Broadbent
255
801-787-1476
City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art.
II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code
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256
AgendaContactUsID: 275
Form inserted: 7/8/2016 9:34:13 AM
Form updated: 7/8/2016 9:34:13 AM
First Name: David
Last Name: Ball
Email: balldt@gmail.com
Please type what you see: 658993
Message: Re: 15-439, Staff Report for the Sundance Apt hearing on July 11 I live in Baxter
Meadows. I concur with the judgement of staff to deny this request. As stated, we need
commercial in Baxter Meadows. There are enough people and activity to support it. We have
already lost much of the original B-2 zoning in Baxter Meadows. Let's don't let any more go.
Also, please don't approve cash in lieu for parkland. Current and future residents will thank you. Also, parkland on a separate parcel is not desirable. Please consider current residents needs
before these out-of-town developers.
257