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Home My WebLink About12-18-17 City Commission Packet Materials - A4. Sundance Apartments CUP, Site Plan, and Park Plan Page 1 of 39 17514, Staff Report for the Sundance Apt MSP & CUP Date: City Commission hearing is on December 18, 2017 Project Description: A Master Site Plan and Conditional Use Permit (CUP) allow the construction of 188 apartments and three commercial buildings in nine phases with parkland, open space, parking, and related 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. Also referred to as Lot 2, Phase A and a portion of Lot 3, Phase C, Sundance Minor Subdivision (pending final plat approval). Recommendation: Approve with conditions Recommended Motion(s): Motion one: 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 17514 and move to approve the Sundance Apartments Master Site Plan with conditions and subject to all applicable code provisions. Motion two: 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 17514 and move to approve the Sundance Apartments Conditional Use Permit with conditions and subject to all applicable code provisions. Motion three: 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 17514 and move to approve the Sundance Apartments Master Park plan and subject to all applicable code provisions. Report Date: December 13, 2017 Staff Contact: Tom Rogers, Senior Planner Griffin Neilsen, Engineer Agenda Item Type: Action (Quasi-judicial) 576 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 2 of 39 EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. Project Summary The applicant is proposing to construct 188 residential apartments and three commercial buildings in nine phases with parking, park area, open space, and associated improvements 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 these Master Site Plan (MSP) and Conditional Use Permit (CUP) applications are 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. 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 and conditions of approval. The Commission considered a previous version of the proposed development on October 3, 2016, application 15-439. Commission meeting can be reviewed HERE. Staff was not supportive of the original design and recommended that the Commission not approve that application. Subsequently the applicant has generally revised the site plan provided a phasing plan that meet City standards, with Conditions and code corrections. At the Applicant’s request, the Commission granted a continuance of the public hearing to an uncertain date. The overall development will include 44 one-bedroom, 112 two-bedroom, and 32 three- bedroom, and three commercial buildings with approximately 29,397 square feet of floor area in nine (9) phases. 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. 577 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 3 of 39 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 concurrent MSP application is required 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. Alternatives 1. Approve the application with the recommended conditions and code corrections; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable MSP and/or CUP criteria contained within the staff report; 4. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 578 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 4 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - REQUESTED DEVIATIONS/VARIANCES ................................................. 18 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 18 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 22 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 23 SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 23 Conditional Use Permit Review Criteria, Section 38.19.100, BMC. ............................... 23 Plan Review Criteria, Section 38.19.100, BMC. .............................................................. 27 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 ................................................................................................................. 39 ATTACHMENTS ................................................................................................................... 39 579 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 5 of 39 SECTION 1 - MAP SERIES 580 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 6 of 39 Subject Property Park Area 581 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 7 of 39 Subject Property Subject Property Park Area 582 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 8 of 39 Subject Property Park Area 583 Page 9 of 39 Master Site Plan 584 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 10 of 39 585 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 11 of 39 Phasing Plan 586 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 12 of 39 Detailed Phasing Plan 587 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 13 of 39 Perspectives 588 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 14 of 39 589 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 15 of 39 General Location Map 590 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 16 of 39 Deficient Intersection Illustration 591 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 17 of 39 Preliminary Plat of Sundance Minor Subdivision 592 Page 18 of 39 SECTION 2 - REQUESTED DEVIATIONS/VARIANCES No deviations or variances are requested with this application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit a written narrative outlining how each of the conditions of approval and code provisions has been satisfied with the final plan application. 3. This approval is for MPS and a Conditional Use Permit for residential use on the ground floor in commercial district and does not constitute entitlement to construct any buildings on site. Further Site plan review and approval is required with each subsequent phase to insure adequate water, sewer, parking, residential open pace, park improvements, and other necessary infrastructure is provided and meets minimum City standards. 4. Prior to the issuance of any building permit on the subject property the final plat for Lot 2 of Phase A and Lot 3 of Phase C, Sundance Minor Subdivision must be approved and filed with the Gallatin County Clerk and Recorders office with all infrastructure improvements completed including but not limited to all roads, sidewalks, internal pedestrian pathways (with easements), landscaping, irrigation, and water and sewer service installed and extended as required by the City Engineering Department or financially guaranteed as allowed by section 38.39.010, BMC. 5. Prior to site plan approval of any phase of the development a public access and utility easement dedicated to the public must be recorded with City for both pedestrian rights-of-ways shown on the Master Site Plan pursuant to section 38.23.040. 6. Prior to the first site plan submittal of any phase, a public access and maintenance easement for entire park area is required to be fully executed and landscaped per minimum landscape standards pursuant to section 38.26.050. 7. Prior to first phase site plan submittal of any phase, a park maintenance plan must be reviewed and approved by the Bozeman Parks Department. The plan must include an agreement between the property owner and the City that delineates minimum maintenance standards with clearly defined responsible parties and provisions for perpetual maintenance. 8. With each subsequent phase site plan application, except for phase 1, incremental park improvements, commensurate with number of residential units constructed to insure all proposed parks improvements are constructed prior to the development of the final residential phase are required. 593 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 19 of 39 9. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plan submittal. All wells shall include a meter or other device to determine consumption. 10. If the City Commission allows cash-in-lieu of parkland dedication the final plat shall include the Cash-in-lieu certificate to read substantially as follows: CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION In as much as dedication of park land within the platted area of Valley Meadows Major Subdivision would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of ____________ dollars value in money or improvements, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. DATED this ____________ day of ____________, ____________. (Signature) _______________________________ 11. Park improvements in-lieu-of parkland dedication shall be determined based on the fair market value of improvements and labor costs as shown on the park master plan in excess of minimum standards under Section 38.27.080, BMC. Improvements in-lieu do not include required parking improvements as required by Section 38.27.060.A.2(c), BMC. The final plat submittal shall include independent cost estimates for installed requirement and associated labor cost. Any modifications from the approved park plan and cash-in-lieu summary may require Commission review and approval. 12. The final plan must contain the following notation in the governance documents: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands must be that of the property owners’ association. Maintenance responsibility must include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final CUP plan for the development, the applicant must transfer ownership of all common open space to the property owners’ association created by the development to maintain all common open space areas within the Sundance Apartment Phase development. 13. Per section 39.19.120 with final plan submittal, written verification that complete and accurate utility easements for proposed private and public utilities have been recorded for all phases of the development. 594 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 20 of 39 14. Prior to final plan approval, complete residential and commercial design guidelines to insure a uniform development pattern are required as part of the conditional use permit filed with the Gallatin County Clerk and Recorder. 15. Prior to final plan approval, a description of proposed watering methods including any use of high efficiency irrigation technologies and best practice, source of irrigation water and estimated amount of water consumption broken down by vegetation type (e.g. turf, shrubs, trees) and total estimated water consumption. 16. Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, if not already filed with the Gallatin County Clerk and Recorder. 17. The intersection of Baxter and Davis Lane must be upgraded to meet the standards of section 38.24.060.B.4 prior to any phase site plan approval or receive written verification of a waiver from the City Engineering Department for the LOS provided that all condition for 387.24.060.B.4.b are satisfied. 18. 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. 19. The applicant must construct Galloway 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. 20. Prior to occupancy of any habitable building the auxiliary left-hand turn lane from Davis Lane onto Galloway Street as defined in the submitted traffic impact study must be constructed and accepted by the City. 21. Street lighting must be installed at all intersections (DSSP IV.J.2). This item must be completed prior to subsequent site plan approval. Please updated the phase plan to clearly indicate the timing of this items. 22. Street lighting must be installed per minor arterial street spacing requirements along Davis Lane where adjacent to the property (DSSP IV.J.3). This item must be completed prior to subsequent site plan approval. Please updated the phase plan to clearly indicate the timing of this items. 23. New detention facilities must accommodate the requirement to capture the first 0.5- inches of runoff (DSSP II.A.4). A design report including sizing calculations for the detention pond must be provided (DSSP II) prior to site plan approval of any phase. 24. The applicant must demonstrate an easement or ownership of the lot for the proposed detention pond north of Kimberwicke prior to site plan approval of any phase. 25. The applicant must provide easements for the proposed water and sanitary sewer mains not located in public right-of-way per DSSP V.D.5. The easements must be executed and recorded prior to the construction of the mains. 26. A water main must be constructed in the Galloway Street right-of-way to the intersection with Davis Lane to allow future extension and looping of the water system. This item 595 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 21 of 39 must be completed prior to subsequent site plan approval. Please updated the phase plan to clearly indicate the timing of this items. 27. The applicant must construct a water main in the Kimberwicke Street right-of-way to the intersection with Davis Lane to allow future extension and looping of the water system. This item must be completed prior to subsequent site plan approval. Please updated the phase plan to clearly indicate the timing of this items. 28. Every leg of water main intersections must have a valve (DSSP V.A.7.c). Two water main intersections that are internal to the project are indicated without valves. The applicant must provide the required valves. 29. The proposed project falls within the service area of the Baxter Meadows Lift Station. The capacity of that lift station is fully dedicated. The proposed project may 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 relative to the proposed peak-hour wastewater flow from the proposed project. 30. A portion of the proposed project falls within the Baxter & N. 19th Signal Payback District. The Payback District may have been previously paid. If not already paid, the applicant must pay the portion of the payback associated with this property prior to the first phase plan approval. 31. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements to the intersection of Davis Lane and Baxter Lane. d. Left-turn lane improvements at the intersection of Davis Lane and Kimberwicke Street, if not constructed by the developer. e. Left-turn lane improvements at the intersection of Davis Lane and Galloway Street, if not constructed by the developer. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The waivers must be filed prior to site plan approval of any phase. 596 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 22 of 39 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS 1. Section 38.10.060.A.5 BMC Building Height. In all districts, all commercial floor space provided on the ground floor of a building shall have a minimum floor-to-ceiling height of 12 feet, except where otherwise noted. Ground floor of the building is proposed at 9’ floor to floor and does not meet standards. If the Commission approves the Conditional Use Permit to allow ground floor residential use the building will be re-defined as residential. Therefore, this requirement will not apply. 2. Section 38.25.010.A.4 Stacking of Off-Street Parking. Stacking of off-street parking is allowed in certain circumstances, see 38.25.020.A.4. Required parking spaces shall be located so as to preclude stacking of off-street parking spaces, with the exception of single- household dwellings and individual townhouse and condominium units, and duplexes with physically separated individual driveways [emphasis added]. Physical separation is provided when at least one of these options are provided: individual garage doors for each interior parking space, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length is provided between the parking area in the driveway and dividing the garage entrance. No physical separation is show on the plans. Please revise if stacked parking is employed to meet minimum parking requirements. 3. Section 38.23.040.D Right’s-of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. The pedestrian rights-of-way proposed to meet the block standards of section 38.23.040 require a public access easement and must not be encumbered by any structures. The dimensional standard are 30 feet for the easement plus the required five (5) foot side yard setback for a total of 40 feet. The east/west pedestrian corridor shows the solid waste trash receptacles within the corridor. These must be relocated. The north/south pedestrian corridor shows the solid waste trash receptacles within the corridor. These must be relocated. 4. Section 38.27.020.E Residential Open Space. Site plans containing five or more dwelling units shall provide on-site open space for the use of the residents. Phase 1 of the development must include required open space calculations and show how the standard will be met with each subsequent phase. 5. Section 38.27.020.C Park Area and Open Space Requirement. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption. A revised park narrative including product cut sheets, maintenance plan approved by the City Parks Department, planting specifications, irrigation details, and irrigation water source plan must be accepted by the City prior to final CUP approval. 6. Section 38.23.180. Cash-in-Lieu of water right. The transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. CIL of water rights due prior to each site plan phase approval. 597 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 23 of 39 7. Section 38.41.080.A.2.q(2) Site plan submittals requirements. A utilities plan showing that each phase will be able to be fully functional if subsequent phases are not completed. The phasing plan provided does not identified when each of the required infrastructure improvements are to be constructed. The phasing plan must be updated to clearly show when each improvement will be constructed prior to site plan approval of any phase. Phase I must be altered to allow for continues continuity within the drive aisle to support emergency vehicle access and internal vehicle movement. The plans must be updated prior to site plan approval of any phase. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) considered the master site plan and conditional use permit applications on December 6, 2017. The DRC found that the application is sufficient for continued review. The City Commission will consider the proposal on December 18, 2017. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 p.m. The Parks & Recreation Advisory Board (RPAB) met on Thursday, March 3, 2016 to discuss the park plan. The RPAB recommended approval of the park and improvements-in-lieu of parkland dedication to the Commission with revisions. 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 598 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 24 of 39 landscaping are adequate to properly relate such use with the land and uses in the vicinity; This criterion has been met. 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 prepared a master site plan with phasing details and site specific design considerations to adequately evaluate the site for the proposed use. In addition, the applicant generated a land use study showing a portion of Bozeman’s commercial land use needs, the Baxter Meadows retail study is attached to this report. Approximately one-third of the area is dedicated to commercial use and the remaining two- thirds is proposed as residential. Although the development proposed a Euclidian based land use scheme the City’s development code does not require vertical integration of use. The site design employs a clear separation between the residential and commercial use by integrating a pedestrian corridor connecting Galloway and Kimberwicke Streets, drive isles, and parking. A joint use parking agreement will be used to minimize surface parking and increase parking utilization of available parking. The adjacent streets including Kimberwicke Street, Galloway Street, and Caspian Lane will be used for residential parking. City code does not allow on- street parking for commercial uses. All yard setbacks and other dimensional standards are met with the proposed layout. Drive isles and parking space meet minimum standards and are sufficient to meet service needs and emergency access requirements. The master site plan phase does not require full landscape plans be prepared. However, staff analysis indicates minimum landscape standards can be met with each phase of the development and staff suggested conditions of approval to insure adequate landscaping to is provided. In addition, the proposed park plan incorporate more landscaping and internal amenities than required. The application provides for a variety of housing design and styles. The design employs different architectural styles to minimize monoculture apartment development. Three different bedroom configurations are proposed to provide different household configurations. In addition, the units are configured in three different sized structure to further create a diverse housing type development. Staff has included a condition of approval requiring a comprehensive residential and commercial design guidelines to insure a uniform development pattern. 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 proposes residential and commercial with a variety of housing styles. Residential uses are a permitted use within the B-2 District on second and subsequent floors. The intent is provide proximate residential 599 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 25 of 39 housing near commercial services. The City encourages mixed-use to foster mutually supportive activities to maximize the utility of public infrastructure. 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 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. 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 without any commercial space. 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. 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. However, the Sundance Phase II includes commercial uses adjacent to Davis Lane. 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 area 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 currently falls under the County zoning jurisdiction. To insure the suitability of the proposed use, numerous conditions are included to establish all required infrastructure prior to final plat and initial site plans approval. These include infrastructure improvements to provide adequate water and service, park area and public 600 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 26 of 39 access, roads, block standards, landscaping, residential open space, parking, and other needs. Also, the intersection of Davis Lane and Baxter Lane is not functioning at the required level of service, therefore, a condition is included to insure the necessary upgrades are completed prior to occupancy of any building. Similarly, it has not been demonstrated that adequate sewer capacity is available for full build out of the development. Therefore a condition addressing sewer capacity is included. See further discussion in site plan criteria 5 and 12. . 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 been met. A mix of uses is proposed including residential and commercial. Adjacent properties are high density residential and commercial. Considerable effort has been made to integrate the site into the existing neighborhood and mutually support the activities on-site. These include pedestrian pathways on both the north/south and east/west axis to improve connectivity. A joint parking scheme will be used to meet parking demands decreasing pervious surfaces as a result of the parking area. The proposed park exceed City standards and will be an amenity for the residence and employees of the development and the surrounding neighborhoods. Approximately one-third of the area will be used for commercial and two-thirds for residential. The B-2 district does not have a stated proportion for a particular use. Commercial uses are developing on the area and perhaps at a slower rate than the City anticipated. The analysis under the site plan review criteria, below, is incorporated by reference into this CUP criteria. No substantiated adverse impacts to abutting and nearby properties have been identified in the analysis. 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; 601 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 27 of 39 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. Prior to occupancy of any building in the development, three additional steps are required that, in whole, will insure all necessary services to protect the public health, safety and general welfare are provided. They include final subdivision approval for the Sundance minor subdivision, final plan approval for the CUP which incorporates the MSP, and a complete site plan application, review and approval is required. These steps include as conditions of approval and are necessary to insure all basic services are constructed according to City standards. 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. 602 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 28 of 39 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 Neutral. The proposed mixed-use complex generally comports 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. Of which, a substantial amount is un-annexed land on the northeast corner of Baxter and Davis Lanes. The Community Plan states that development in these areas should be, “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 proposed residential development is distal to the primary intersection of Baxter and Davis Lanes and adjacent to existing and proposed high density residential development. The commercial is adjacent to Davis Lane providing a buffer between these uses. The plan shows 30 foot pedestrian right-of-ways which meet City block standards and provide alternative transportation methods to reach comme4rcial areas from residential areas. This commercial node consists of a total of approximately 87 acres. Sundance Phase 1 converted 6.748 acres into residential use. Sundance Phase 2 would remove approximately 5.94 plus 2.85 acres for required parkland totaling 15.538 acres or approximately 17 percent of the total area. 71,5 acres would remain undeveloped in the Community Commercial Mixed-Use designated area. For example 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. Large scale commercial nodes are intended to service 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 and established to provide services to the entire NW quadrant of the community. 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. 603 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 29 of 39 There are significant development activities including the Bozeman Sports Park, Billings Clinic, a new high school, and infrastructure improvements in the general area that will require additional residential and commercial activities. The proposed development proposes both. Included with the previous application proposing only residential use on this site, 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. The study is attached to this report. Bozeman’s Growth Policy has 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. 2. Conformance to this chapter, including the cessation of any current violations Met. The site is currently vacant and no zoning violations are identified. The MSP outlines the general development plan and establishes the infrastructure framework for future development. As noted earlier in this report the subject property is with the Sundance Minor subdivision preliminary plat approval area. Prior to any development onsite subdivision infrastructure improvements are required to be installed and accepted by the City. A condition insuring this step is complete is included. The MSP also includes a phasing plan showing the development scheme for the site included required park area which was not contemplated with the Sundance Minor subdivision. Staff has included conditions to insure all park areas and residential open space requirements are met and constructed according to City standards. In addition, the applicant propose additional amenities in the park area for the neighborhood and community. This application includes a master park plan and staff has included requirements for a long term maintenance plan to insure the park remains in good condition. Additional processes are required for the proposed plan. These include, if the CUP is approved, a final plan review, final plat approval, and a full site plan application for each subsequent phase of the development. These steps will address all code requirements including but limited to: 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 604 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 30 of 39 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 nine (9) phases. Pursuant to section 38.19.120 the MSP show how functional 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 for each phase of the development. 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. Therefore, staff has included a condition of approval insuring this requirement is met. 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. As a requirement of this application 100 percent of the park will be fronted by public access. All sides are fronting pubic streets. The east side of the park will include a 60 foot public access and utility easement and will include a City standard street. 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. Condition number 4 requires final plat approval prior to issuance of any building permit. g) 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. If the Commission approves the CUP to allow residential use on the ground floor the buildings will classified as residential and therefore, the 12 foot flor to ceiling height standard will not apply. 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 plat, 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. 605 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 31 of 39 4. Relationship of site plan elements to conditions both on and off the property Met. The proposed development will be required to construct Kimberwicke Street on the north, Galloway Street on the south and extend Caspian Avenue to also to be constructed extension of Equestrian Lane. Pedestrian pathways will further connectivity for residents and customers of the commercial area. The proposed project provide visual and functional links to adjacent properties with streets and pedestrian pathways. Due to critical lands north of Kimberwicke no street connections are proposed with the Four Points subdivision to functionally extend through the subject property. The existing development to the west does not have internal access to connect with. Two access points are prosed on the southern edge which will allow future alignment when the property to the south of Galloway Street develops. Mid-block crossing are provided to meet Section 38.23.040, BMC. 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 provide a variety of types as noted earlier in this report. The overall design is unique to this project. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Met. The development will be served by extensions of Kimberwicke and Galloway Streets, Equestrian Lane and Caspian Avenue on the east side of the proposed park. The unique cross section of 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 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 606 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 32 of 39 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 188 residential apartments and approximately 29,397 square feet of commercial space. 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 FY19. The project is presently delayed due to difficulty obtaining required right of way for the intersection. City Engineering Department may grant a waiver for the LOS provided that all condition for 387.24.060.B.4.b are satisfied. Subsequent site plan approval will not be given until the intersection is upgraded or a waiver can be granted. See Condition No. 31. Pursuant to section 38.24.010.A.2, BMC 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. 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. As required by section BMC 38.23.150.C 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). See Conditions 21 and 22. 6. Pedestrian and vehicular ingress and egress Met. Block length and pedestrian right of way standards are 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 due to its Arterial street designation. 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 master 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. Greater 607 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 33 of 39 interior circulation is provided than incorporated with the Sundance phase 1 further integrating the site with the adjacent properties. 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. Full landscape plans are not required with master site plan applications. The pedestrian pathways, external streets, open space, and other areas will require landscape plan and approval with subsequent development. There is sufficient area in each area to meet minimum landscape requirements. 8. Open space Neutral. Full open space requirements are not required with master site plan application. However, to insure conformance with required open space code correction No. 4 details open space requirements for subsequent development plans. In summary, 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. Parkland dedication is required for this development pursuant to Section 38.27.020A.2.e(3), BMC. Parkland dedication is based on NET residential dentistry as defined by this chapter. Approximately 2.52 acres of parkland is needed to meet parkland dedication requirement, final calculations are required with the first phase site plan application. 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. 608 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 34 of 39 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. Building height vary by type from 34 to 38 feet. 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, 2017 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 guidelines which direct use of LED lighting. 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).” See Conditions No. 21 and 22. 12. Provisions for utilities, including efficient public services and facilities 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, 609 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 35 of 39 safety and welfare, the intent of this chapter, or the intent of the city's growth policy”. See Conditions No. 26 and 27. 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.” See Conditions No. 28 and 29. 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 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. Pursuant to section 38.23.060.C.1 states: A public utility easement shall be granted for all public utility mains not located within public street right-of-way. Therefore, the applicant must provide easements for the proposed water and sanitary sewer mains not located in public right-of-way per DSSP V.D.5. The easements must be executed and recorded prior to the construction of the mains, see Condition No. 25. 13. Site surface drainage Met. Bozeman Municipal Code (BMC) Section 38.23.030.A 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. Therefore, with subsequent development, new detention facilities must accommodate the requirement to capture the first 0.5-inches of runoff (DSSP II.A.4). A design report including sizing calculations for the detention pond must be provided (DSSP II), see Condition No. 23. 610 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 36 of 39 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. 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. Easement are typically not included with master site plan applications. Therefore, the applicant must demonstrate an easement or ownership of the lot for the proposed detention pond north of Kimberwicke prior to the first phase approval, see Condition No. 24. The development consists of one lot. Therefore, the requirement of 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 do not apply. 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 Met. Master site plan applications do not require full construction details to be submitted. With each subsequent site plan application all necessary screening must be met. Mechanical, parking lot, and solid waste receptacles are required to be screened, for example. 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. 611 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 37 of 39 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. Met. All residential and commercial development is proposed on one parcel. 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 any building permits. This mixed-use development will be located on Lot 2 Phase A. 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 Met. The project is proposed for construction in multiple phases. This application serves as the appropriate mechanism to meet this criterion, with code corrections as detailed in Section 4 above. 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. 612 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 38 of 39 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 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. Notice for that hearing was provided at least 15 and not more than 45 days prior to the City Commission public hearing. Notice was published in the Bozeman Dailey Chronicle on December 3, 2017 and December 10, 2017. Notice was mailed via first class mail on November 31, 2017 and notice was posted on site on December 1, 2017. No public comment has been received as of the production of this report. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owners: Baxter Meadows Land Partners, LLC, 1356 Chancey Lane, Midway, UT 84049 Applicant: Baxter Meadows Land Partners, LLC, 1356 Chancey Lane, Midway, UT 84049 613 17-514, Staff Report for the Sundance Apt. MSP and CUP Page 39 of 39 Representative: Baxter Meadows Land Partners, LLC, 1356 Chancey Lane, Midway, UT 84049 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS Fiscal effects are undetermined at this time. 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. Master site plan 4. Sundance architectural plans 5. Master Park plan 6. Baxter Meadows retail study 614 615 616 617 CUP Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms: CONDITIONAL USE PERMIT 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 conditional use permit checklist items below unless otherwise provided in another application type Only If new building construction, plan sets that include all required items listed on the site plan checklist forms SP and SP1 Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1set 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 N1and materials APPLICATION FEE Base fee $1,508 Additional application fees may apply if new construction. Application types and fees are cumulative. CONDITIONAL USE PERMIT CHECKLIST 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires 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 property relate such use with the land and uses in the vicinity; b. Response to the requirement that the proposed use will have not materials adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare 2. Location/vicinity map, including area within one-half mile of the site 3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed 618 Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms: 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 619 PROPOSED CITY PARK APPROX. 2.85 ACRES SUNDANCE APARTMENTS PHASE I (EXISTING) 0 60'120'240'30' SCALE: 1"=60'DAVIS LANEGALLOWAY STREET FRE FRE FRE FRE FRE FREFRE FRE FRE FRE FRE BRA FRE TRI SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPRSPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPRSPR SPR FRE FRE BRABRA BRA BRA BRA TRI TRI TRI TRI FRE FRE FRE P P P P FRE FRE BRA BRA P FRE CASPIAN LANEKIMBERWICKE ST.CABALLO AVENUEEQUESTRIAN LANE GALLOWAY STREET MASTER PLAN SUNDANCE APARTMENTS PHASE II NORTH PHASE IPHASE II PHASE IIIPHASE VPHASE VI PHASE VII PHASE VIIIPHASE IXPHASE XPHASE I, II, III & IV 620 PROPOSED CITY PARK APPROX. 2.85 ACRES SUNDANCE APARTMENTS PHASE I (EXISTING) 0 60'120'240'30' SCALE: 1"=60'DAVIS LANEGALLOWAY STREET FRE FRE FRE FRE FRE FREFRE FRE FRE FRE FRE BRA FRE TRI SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPRSPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPR SPRSPR SPR FRE FRE BRABRA BRA BRA BRA TRI TRI TRI TRI FRE FRE FRE P P P P FRE FRE BRA BRA P FRE CASPIAN LANEKIMBERWICKE ST.CABALLO AVENUEEQUESTRIAN LANE GALLOWAY STREET MASTER PLAN SUNDANCE APARTMENTS PHASE II NORTH 621 BUILDING 1COMMERCIAL1-STORY7,170 SF12 TANDEM STALLS12 TANDEM STALLS 6 STALLS 6 STALLS 8 STALLS4 STALLS 6 STALLS 8 STALLS8 STALLSPARKING REQUIREDCOMMERCIAL SPACE29,397 SF4.5 STALLS / 1,000 SFCOMMERCIAL PARKING132 STALLS REQ'DHOUSING188 UNITS 44 1-BR23% 112 2-BR60% 32 3-BR17%1.8 STALLS / UNITHOUSING PARKING339 STALLS REQ'DTOTAL PARKING REQ'D472 STALLS(INCL. 9 ADA STALLS)PARKING PROVIDEDCOMMERCIAL132 STALLSHOUSING TANDEM STALLS108 ATTACHED GARAGE STALLS108 (57% OF UNITS) SURFACE STALLS86 PARALLEL STALLS22 EXISTING ANGLED STALLS37 TOTAL HOUSING STALLS384 (2.1 STALLS/UNIT)TOTAL PARKING PROVIDED493 STALLS(INCL. 10 ADA STALLS)12 TANDEM STALLSBUILDING 2COMMERCIAL2-STORY7,528 SF / LEVEL15,057 SF TOTALBUILDING 3COMMERCIAL1-STORY7,170 SF24' FIRE LANE24' FIRE LANE24' FIRE LANE 24' FIRE LANE24' FIRE LANEPROPOSED SITE LAYOUTSUNDANCE APARTMENTS PHASE IINORTH030'60'120'15'SCALE: 1"=30'6 STALLS6 STALLS9 STALLS2 ST.6 TANDEM STALLS 5 STALLS 14 EXISTING STALLS 9 STALLS24 EXISTING STALLS 12 TANDEM STALLS12 TANDEM STALLS3 STALLS9 STALLS6 TANDEM STALLS 12 TANDEM STALLS12 TANDEM STALLS12 TANDEM STALLS5 STALLS10 STALLSCLUBHOUSE AT MAIN LEVEL4,266 SF5 STALLS14 PARALLEL STALLS8 STALLS9 STALLS9 STALLS8 STALLSMAILBOXESPAVILION25.00'SETBACK7.00' SETBACK 7.00' SETBACK 7.00'SETBACK9 STALLS9 STALLS9 STALLS9 STALLS10 STALLS9 STALLS6 STALLS6 STALLS5 STALLS 25.00'SETBACKDAVIS LANEGALLOWAY STREETFREFREFREBRAB R A CASPIAN LANE KIMBERWICKE ST.8 PARALLEL STALLSSNOW STORAGESNOW STORAGESNOW STORAGE SNOW STORAGE622 BOZEMAN APARTMENTS CLUBHOUSE 623 CASPIAN AVENUE DAVIS STREET SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B13-016167/2810/17/17SUNDANCE APARTMENTS - PHASE 2 BOZEMAN, MONTANA MONTANA WASHINGTON IDAHO GREAT FALLS-BOZEMAN-KALISPELL-SHELBY REV DATELEWISTON SPOKANE Engineering tdhengineering.com NORTH DAKOTAWATFORD CITY REVISIONACHACH PRELIMINARY SITE PLAN SETNOT FOR CONSTRUCTION1 11.27.17 MSTR SITE PLAN REV COMMENTSB13-016 C4.0SITE PLAN .DWGC4.0KIMBERWICKE STREETGALLOWAY STREET624 170'-7" 9'-1"19'-10"7'-4"15'-5"17'-9"31'-10"17'-9"15'-5"7'-4"19'-10"9'-0"38'-6"E2E1 E4 E5 E4 E2 E4 E5E3E3 E2 E1E4 67'-11" 3'-8"13'-11"19'-1"21'-8"4'-4"5'-2"38'-6"E4E1E5E3E3 E5E2E2 169'-8" 6'-0"24'-1"10'-6"16'-7"15'-5"24'-6"15'-5"16'-7"10'-6"24'-1"6'-1"37'-11"E2E1 E4 E5 E4 E2 E4 E5 E4 E2 E1E3E3 67'-7" 5'-2"4'-4"21'-7"18'-11"13'-11" 3'-8"37'-11"E4 E1 E5E3E2E5E2 E1 FIBER CEMENT SIDING - PAINTED EIFS / STUCCO - INTEGRAL COLOR EXTERIOR MANUFACTURED STONE EXTERIOR PANELING - SYNTHETIC WOOD GALVANIZED CORRUGATED METAL PANELING ALUMINUM STOREFRONT WINDOW SYSTEM E2 E3 E4 E5 E6 EXTERIOR MATERIALS LEGEND SCALE ( ):24x36 NORTH ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 SOUTH ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 WEST ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 EAST ELEVATION 3/32" = 1'-0" CONTEMPORARY SCHEME 625 67'-4" 4'-9" 2'-3" 23'-8"19'-0"12'-5"5'-2"41'-10"E2 E1 E2E3E3 E2E2 67'-3" 5'-2"12'-5"19'-0"23'-8" 2'-3" 4'-9"41'-10"E2 E2 E2E1E3E2E3 170'-10" 6'-9"24'-0"10'-6"16'-4"15'-7"24'-5"15'-7"16'-4"10'-6"24'-0"6'-9"41'-8"E2E1 E2 E2 E1 E1 E2 E1E2E2E1E3E3E2E2 170'-10" 10'-9"18'-8"13'-7"8'-11"17'-7"31'-8"17'-7"9'-0"13'-7"18'-9"10'-8"41'-8"E2E1 E2 E2 E1 E1 E2 E1E2E2E1E3E3E2E3 E1 FIBER CEMENT SIDING - PAINTED EIFS / STUCCO - INTEGRAL COLOR EXTERIOR MANUFACTURED STONE EXTERIOR PANELING - SYNTHETIC WOOD GALVANIZED CORRUGATED METAL PANELING ALUMINUM STOREFRONT WINDOW SYSTEM E2 E3 E4 E5 E6 EXTERIOR MATERIALS LEGEND SCALE ( ):24x36 EAST ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 WEST ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 SOUTH ELEVATION 3/32" = 1'-0" SCALE ( ):24x36 NORTH ELEVATION 3/32" = 1'-0" TRADITIONAL SCHEME 626 Project Narrative Sundance Apartments Phase II Application 15-439 Application15-439 was reviewed by the City Commission at the October 3, 2017 commission meeting. At this meeting the City Commission requested we modify our plan and resubmit. As per this request, we have modified the site plan and building elevations. Some of the major modifications to the site plan are 1) a more defined east-west and north-south pedestrian corridor, 2) relocating apartment buildings to the interior and placing commercial office along Davis Lane, and 3) modifying building elevations to meet the commission’s and planning department’s preference for increased architectural diversity in the project. 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 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. The Phase II parcel is currently zoned B2, the same zoning as the site on which we built 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 this 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. 627 • 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 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. 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 188 dwelling units and office buildings 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 188 apartments units, an elegant community center, and amenities. The apartment buildings will be 3 story 628 structures and the community center will be located on the main floor of one of these structures. The total unit breakdown is estimated to be as follows: UNIT TYPE # OF UNITS 1 Bedroom Units 44 2 Bedroom Units 112 3 Bedroom Units 32 The proposed amenities include the following, but are subject to change based on a final amenity demand survey: exercise facility, activity room, pet wash, high speed internet, pavilion, park space, picnic tables, garages, etc. Please let us know if you have any further questions, Steve Broadbent Baxter Meadows Land Partners, LLC 801-787-1476 629 Baxter Meadows Bozeman City Land Use Study 630 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. 631 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. 632 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. 633 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. 634 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. 635 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. 636 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. 637 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. 638 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. 639 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. 640 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 (%) 641 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. 642 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 5 643 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) 644 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) 645 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 $20,400,355 646 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. 647 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. 648 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 649 Sundance Apartments 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 650 Sundance Apartments At Baxter Meadows Phase II April 2016 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 $445,387 651 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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. 652 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 4 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. 653 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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 654 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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. 655 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 7 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. 656 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 8 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. 657 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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. 658 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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 659 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 11 Section 3 SOILS INFORMATION 660 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 12 661 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 13 Section 4 PARK AMENITIES Bench Concept Picnic Pavilion Concept 662 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 14 Bike Rack Concept 663 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 15 Park Grill Concept Park Picnic Table Concept 664 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 16 Park Trash Receptacle Concept Park Dog Waste Station Concept 665 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 17 Section 5 COST ESTIMATE (Required Parkland) 666 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 18 Section 5 COST ESTIMATE (Enhanced Parkland) 667 Sundance Apartments At Baxter Meadows Phase II April 2016 Parks Master Plan 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. 668