HomeMy WebLinkAbout08-11-03 City Commission Packet Materials - 19. Baxter Square PUD and Preliminary Plat og BOZO, CITY OF BOZEMAN
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DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
* _ Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2260
20 East Olive Street Fax: (406)582-2263
tt'r, 1 oo Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net
Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net
MEMORANDUM
To: City Commissioners
From: Jami Morris, Assistant Planner ,
Date: August 6, 2003 f
Subject: Baxter Square PUD #P-03020 and#Z-03132
On July 8, 2003 the Development Review Committee voted 5-0 to recommend approval of the
Major Subdivision PUD and the Zoning PUD applications with the conditions and code provisions
outlined by staff. The Design Review Board also met on July 8, 2003 to review the Zoning PUD but
was unable to forward a formal recommendation due to the lack of a quorum. On August 5, 2003 the
Planning Board voted 6-0 in favor of the proposed subdivision of 18 acres into 101 townhouse lots, two
multi-household lots and one existing single household lot. No public comment was received in regards
to the proposed subdivision and development of the property.
The property owners are requesting concurrent construction of buildings and infrastructure and
the relaxation of subdivision and zoning standards, which have been identified in the staff reports. The
applicant is working to revise the building footprints prior to City Commission in order to address staff s
initial concerns with some of the relaxations. The following are outstanding issues that will need to be
resolved:
Subdivision:
• Based on staff estimations the subdivision is approximately 1 acre short in parkland dedication.
The landowners would like to consider cash-in-lieu of parkland dedication. The Recreation &
Parks Advisory Board does not support cash-in-lieu with this subdivision due to the density.
• Although no written comments have been received some of the neighbors to the east have voiced
their concern with the density of the development directly adjacent to their properties.
Zoning:
• Staff does not support the relaxation of the setbacks that result in insufficient stall length behind
the garages.
• Staff does not support the reduction is drive aisle width for the apartment buildings. This may be
resolved with a reduction in parking that can be permitted if the units are certified affordable for
30 years.
planning ® zoning ® subdivision review • annexation • historic preservation housing grant administration • neighborhood coordination
Baxter Square Major Subdivision PUD #P-03020
RESOLUTION#P-03020
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE
18 ACRES INTO 101 TOWNHOUSE LOTS, TWO 8-PLEX LOTS AND ONE SINGLE
HOUSEHOLD RESIDENTIAL LOT. THE PROPERTY IS ZONED R-3 (RESIDENTIAL
MEDIUM DENSITY DISTRICT) AND IS LOCATED NORTH SIDE OF BAXTER LANE
WEST OF THE THOMAS DRIVE AND BAXTER LANE INTERSECTION, AND IS
LEGALLY DESCRIBED AS THE E%2 W%2 SEl/4 SWl/4, SECTION 35, T1S, R5E, GALLATIN
COUNTY, MONTANA.
WHEREAS, t he C ity o f B ozeman h as a dopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, Evert Wierda, 13707 Camp Creek Road, Manhattan, MT 59741, Buffalo
Land Management, L.L.C., 12720 Camp Creek Road, Manhattan, MT 59741 and Baxter Square
Partners, L.L.C., 317 Sanders Avenue, Bozeman, MT 59718 represented by C&H Engineering
and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718 and JJKG & Associates, 284
Frontier Drive, Bozeman, MT 59718, submitted a Major Subdivision Planned Unit Development
Preliminary Plat Application to subdivide18 acres into 101 townhouse lots, two 8-plex lots and
one single household residential lot on land legally described as E%2 W%2 SEV4 SWl/a, Section 35,
TIS, R5E, Gallatin County, Montana; and
WHEREAS, the proposed Major Subdivision Planned Unit Development Preliminary
Plat Application has been properly submitted, reviewed, and advertised in accordance with the
procedures of Section 16.10 of the Bozeman Subdivision Regulations; and
WHEREAS, the City of Bozeman Planning Board held a public meeting on Tuesday,
August 5, 2003, to receive and review all written and oral testimony on the request for said
Major Subdivision Planned Unit Development Preliminary Plat Application; and
WHEREAS, several of the Planning Board members had concerns with condition#2 and
requested Staff rewrite the condition to give an alternative if a well is not permitted by DNRC;
and
WHEREAS, several of the Planning Board members had concerns with the proposed
private street width, which doesn't allow for boulevards between the curb and sidewalk; and
WHEREAS, the applicant's representative was in agreement with the recommended
conditions of approval forwarded by the Development Review Committee, except Condition #2,
for which she offered a compromise to remove two lots to provide a greater percentage of the
parkland dedication, with the remainder being met with cash-in-lieu; and
1
Baxter Square IvW4 Subdiv sion PUD #P-03.02Q
WHEREAS, one members of the Planning Board expressed dissatisfaction with the
parkland compromise, stating her view that a grater amount of parkland could be dedicated on
site; and; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Major Subdivision
Planned Unit Development Preliminary Plat Application would comply with those requirements
with the recommended conditions of approval; and
WHEREAS, a motion was made to modify Condition #41 to accept the compromise
regarding parkland dedication as offered by the applicant with the motion passing by a vote of 5
in favor and 1 opposed; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on
a vote of 6 to 0, recommends to the Bozeman City Commission that the application to
subdivide18 acres into 101 townhouse lots, two 8-plex lots and one single household residential
lot on property zoned R-3 (Residential Medium Density District) which is located on the north
side of Baxter Lane west of the Thomas Drive and Baxter Lane intersection and is legally
described as being Amended Plat of Lots 42-1 through 42-8 of the Amended Plat of E%2 WY2
SE'/a SWI/a, Section 35, TIS,RSE, Gallatin County, Montana,be approved with direction to staff
to reword condition 2 as discussed {reflected below}, and with the following conditions:
Conditions for Approval:
1. All mature vegetation that currently exists within any of the designated park, open space
and required setbacks shall be preserved. The Planning Office shall be contacted prior to
any mature vegetation being removed.
2. Unless precluded by DNRC, the subdivider shall be responsible for locating and
installing an irrigation well strictly for the purposes of irrigating residential yard spaces,
boulevard, open space and parkland. If a well is not permitted, irrigation shall be
provided by the subdivider using City water, and a new landscape plan, which includes
mostly drought-resistant species, shall be submitted for review and approval by the
Planning Department
3. If the subdivision improvements are to be phased then the open space and parkland
improvements shall be completed with the platting of Phase 1.
4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director
of Public Service, must be paid at the time the final plat is submitted.
2
Baxter Square Major Subdivision PUD #P-03020
5. The declaration of covenants for the subdivision must be included and recorded with the
Final Plat. The City of Bozeman shall be party to any changes or modifications made to
the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or
planning bylaws.
6. The dedicated parkland shall be identified as "Public Park" on the final plat.
7. The developer shall submit a formal development plan signed by a certified landscape
architect for the design of all dedicated parklands within said subdivision for review and
approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman
Recreation and Parks Advisory Board. Per Section 16.08.080 "Final Park Plan", a final
park plan shall be submitted to the City of Bozeman for review and approval prior to the
installation of any park improvements. The park plan shall address all of the items listed
in Section 16.08.050.P for the dedicated parkland, open space areas and trail amenities.
8. The applicant shall obtain written approval from the Superintendent of Facilities and
Public Lands of a park land implementation plan outlining installation of landscape
improvements, trail/bike path improvements, and maintenance and upkeep of the park
lands and trails, and that said implementation plan be noted accordingly in the protective
covenants and restrictions of the property owner's association documents, for review and
approval prior to Final Plat approval.
9. Section 16.14.100 "Park Requirements" allows public parkland to be used for storm
water detention or retention ponds but the area shall not count towards the parkland
dedication requirement. The parkland estimates shall be recalculated excluding the storm
water detention/retention ponds.
10. The public parkland boundaries bordering all private lots shall be delineated at the
common private/public corner pins, with flat, flexible fiberglass posts, as prescribed in
Section 16.14.100.17.3 of the subdivision regulations prior to filing of the any phase of the
major subdivision that contains dedicated public parkland.
11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland
donation then the plat shall conform to Section 18.14.100.G "Cash in Lieu of Park Land
Donation".
U. Section 16.14.110.A "City of Bozeman Rights-of-Way", states that the subdivider shall
be responsible for installing sod, boulevard trees and an irrigation system in the public
right-of-way boulevard strips along all external subdivision streets and adjacent to
subdivision parks or other open space areas.
13. Section 16.14.120.13.1 "Transportation Pathways", requires corridors for Class 1 trails to
be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to
ensure adequate room for the construction, maintenance and use of the trail.
Transportation trail corridors cannot be used to satisfy parkland dedication requirements.
3
Baxter Square Major Subdivision PUD,, #P=030-
Trail specifications shall be submitted to the Planning Department, for review and
approval,prior to construction of the trail.
14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in
public rights-of-way and/or land used to meet parkland dedication requirements. The as-
builts shall include the exact locations and type of lines, including accurate depth, water
source, heads, electric valves, quick couplers, drains and control box as outlined in
Section 16.08.090 "Irrigation System As-builts".
15. Streetlights shall be provided at all intersections of public and/or private streets and at the
intersection of pathways and streets within the proposed subdivision as outlined in
Section 16.14.230.D "Subdivision Light Fixture Location and Placement".
16. Per Section 16.14.230.G"Lighting Specifications",the standard height for light standards
shall not exceed 24 feet.
17. As recommended by the State Historical Preservation Office (SHPO), a professional
cultural resource inventory of the site shall be conducted by a qualified archeologist. The
results of said survey must be provided to the Planning Department prior to the
submittal of any infrastructure plans and specifications.
18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious
weeds and a copy provided to the Planning Department.
19. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations
and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required and
corrected certificates. The final plat application shall include two (2) signed reproducible
copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-
sided,high density 3%-inch floppy disk or compact disk; and five (5)paper prints.
20. Conditional approval of the preliminary plat shall be in force for not more than three
calendar years, as provided by state statute. Prior to that expiration date, the developer
may submit a letter of request for the extension of the period to the Planning Director for
the City Commission's consideration.
21. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to 150% of the cost of the
remaining improvements.
4
Baxter Squarelvlajor Subdivision PUD #P-0302O
22. A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer. The master plan
must depict the maximum sized retention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds
located within a park, or open space shall be designed and constructed to be conducive to
the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located on easements within privately
owned lots. The pond in the northwest corner of the subdivision appears to violate
this and shall be on open space if it is collecting runoff from subdivisions streets.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
23. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. No building permits shall be issued prior
to substantial completion and City acceptance of the required infrastructure
improvements unless approved for concurrent construction by the City
Commission. If approved for concurrent construction, all parts of section 16.22.030
of the subdivision regulations must be complied with.
24. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval. City standard
residential sidewalks shall be constructed on all public street frontages of a property prior
to o ccupancy o f any s tructure o n the p roperty. U pon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the plat and in the covenants for the subdivision.
5
Baxter Square Major;SubdivsionPTlD" #P-03Q20
25. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
26. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
27. Easements f or the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
28. Project phasing shall be clearly defined including installation of infrastructure.
29. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
30. All street names must be approved by the County Road and Bridge Department and the
City Engineering Division to eliminate duplication of names countywide.
31. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane
frontage. The driveway for the existing dwelling shall be relocated to the new street, and
the existing driveway obliterated.
32. The existing dwelling must be connected to city sewer and water once the mains have
been installed and accepted by the City.
3 3. The 12" water main in B axter Lane s hall b e e xtended t o t he w estern b oundary o f t he
subdivision to conform to the City's Water Master Plan.
34. Baxter Lane shall be improved to one half of a minor arterial standard as shown in the
Transportation Plan along the frontage of this subdivision.
35.North 27`h/Thomas shall be improved to one half of a collector standard as shown in the
Transportation Plan from the east/west street midway through the subdivision to Baxter
Lane.
36. The three way stop suggested in the Traffic Impact Study (TIS) at the intersection in the
center of the subdivision w ill n of b e allowed. T his intersection w ill b e one w ay stop
controlled (south leg) until such time as warrants are met for three way stop. If
crosswalks are installed at this intersection as suggested in the TIS they must be
thermoplastic or preformed plastic, and all required signing must be installed.
6
Baxter Square Major Subdivision PUD #P-03020
37. No Parking signs shall be installed and the curb painted yellow on one side of all of the
private streets. The minimum allowed width of these private streets shall be 29' back of
curb to back of curb.
38. All of the sidewalks that are substandard (less than 5') in width shall meet ADA
requirements for turnouts for passing and width at intersections.
39. All lots shall be served by a sewer main extended from the north near Cattail Drive. No
direct connection to the Baxter sewer will be allowed.
40. The c enter e ast/west public street shall be improved to a full city standard local street
from the eastern boundary of this subdivision to North 27th/Thomas.
41. An additional 0.8 acres of parkland dedication is required. Lots 54 and 55 shall be
removed and added to the land adjacent to the park and the remaining required acreage
shall be received as cash-in-lieu as written in Condition#11.
42. The overhead power line across the park shall be relocated or buried to avoid interference
with park use and public safety.
43. The north end of the trail, near the stream/ditch, shall be located so as to continue along
the stream/ditch when the property to the west is developed.
FYI: The covenants must be modified as directed in the D.R.C. comments from July 7, 2003,
and the comments by the Planning Board in regard to the lighting standards from August 5,
2003.
DATED THIS 5"DAY OF AUGUST 2003 Resolution#P-03020
Andrew C. Epple, Planning Director Ed Musser, President
Dept. of Planning & Community Development City of Bozeman Planning Board
7
B. Major Subdivision Planned Unit Development Preliminary Plat Application#P-
03020 (Baxter Square Village). A Major Subdivision PUD Preliminary Plat
application, requested by Evert Wierda, Buffalo Land Management, LLC, and
Baxter Square Partners, LLC, to subdivide 18 acres into 101 residential
townhouse lots, two 8-plex lots, and one single household residential lot. The
property is described as E%2 Wl/2 SE'/4 SW'/4, Section 35, T1S, R5E, Gallatin
County, Montana. The property is located on the north side of Baxter Lane west
of the Thomas Drive and Baxter Lane intersection. (Morris/Epple)
Planning and Community Development Director Andrew Epple presented the Staff
Report, located the proposed and future connecting streets, and noted that Staff supports the
project overall. He noted the remaining issue between the applicant and Staff is the shortfall in
parkland dedication. He noted the Parks and Recreation Board had recommended that two lots
be eliminated and extra land be added to the park to meet the area requirements. He noted the
rationale for a PUD is the interior streets are proposed to be less than City standards.
Mr. Gallik noted condition#2 has the first reference he's seen on requiring a well for
irrigation. Director Epple noted it may be; however, it may become the standard as the use of
treated water for irrigation is very expensive and wasteful. President Musser noted that Zoot
Enterprises is having problems getting a permit from DNRC for the well. Director Epple noted
the applicant would be required to have that permit in hand prior to using any ground water. Mr.
Close asked if the property lies near the plume. Director Epple noted the property is generally
west of the plume; however, there should be an additional wording to condition#2, such as
"Unless precluded by DNRC due to Bozeman solvent site issues" and to Bozeman". Ms.
Guggenheim asked if there might be a point where a new landscape plan would be required. The
Board concurred that the condition would be rewritten. Mr. Gallik asked how the irrigation lines
would be run in relation to the public water supply. Director Epple noted the public supply water
lines would connect to City services and both sets of lines would be laid in the ground. Mr.
Close asked if conditions#15 and#16 pertaining to lighting are accurate or are they a moving
target. Director Epple noted those kinds of issues will be finalized by the time the applicant
prepares the final plat. Ms. Pomnichowski asked if Baxter Lane to the centerline has been
annexed. Mr. Per Hjalmarsson noted the east half of Baxter Lane on the south end of the
property has been annexed, and the west half will be annexed prior to final platting. Ms.
Pomnichowski asked when the improvements to Baxter Lane and Thomas Lane would be done.
Director Epple noted building permits wouldn't be issued until those improvements are
completed.
Voss Bowman, applicant,noted the requirement by the Parks and Recreation Board for
dedicated parkland rather than cash-in-lieu was a surprise to them as they had met with the Board
in January 2003 and negotiated with the Board for the indicated dedicated parkland and the rest
as cash-in-lieu. She noted they would like to offer a compromise - give up the two lots on the
southwest loop as parkland next to the dedicated trail system. She noted they would then be
short only .6 acres with the remainder as cash-in-lieu, which they request the Planning Board to
support. She noted the concern about the installation of a well may be moot as there is an
City of Bozeman Planning Board Minutes—August 5,2003 2
FA h P
existing well on the property. She noted a Homeowner's Association would be responsible for
maintenance of the common open space. She noted the landscaping plan does contain drought
resistant plantings.
Mr. Frost asked if the sidewalk would be on the curb. Mr. John Sinrud noted they would
be along the private streets with no boulevards on either side of the private streets. He noted the
public streets have traditional boulevards and sidewalks, Mr. Frost stated he was concerned that
the elderly will be shoveling snow and kids playing right next to the private streets. Mr. Sinrud
noted the parks are planned to have full playground facilities. Mr. Frost asked how the children
would get to the playground.
Ms. Guggenheim asked about the spring at the north end of the property, which is
mentioned in the DNRC report. Mr. Bjalmarsson indicated the location of the wetlands and
stated they have hired a wetlands expert to prepare a report to be included with the Final Plat. He
noted the old railroad bed has depressions on both sides, which have collected water, creating an
artificial wetland.
Ms. Pomnichowski asked if the 1 00-year floodplain had been delineated along this
property. Director Epple noted that this watercourse does not have a FEMA delineated
floodplain,but the 50-foot watercourse setback should be adequate to handle any flooding of this
stream.
President Musser asked if there were plans for a fire station in the northwest area of the
City. Director Epple noted,though there have been discussions with some of the property
owners/developers in that area,none was planned at this time.
President Musser OPENED THE MEETING FOR PUBLIC COMMENT, and hearing
none, CLOSEDTHE PUBLIC COMMENT PORTION OF THE MEETING.
Ms. Pomnichowski concurred with Mr. Frost that streets being constructed to less than
City Standards were not acceptable. Mr. Frost stated a full width boulevard would not be
necessary,just some space between the sidewalk and the streets for the safety of the children.
Director Epple described City standard streets, and noted private streets were proposed and
would be maintained by the Homeowners Association. Ms. Pomnichowski noted the narrow
streets don't allow for parking on both sides, adequate snow removal, or safety of pedestrians.
Ms. Guggenheim noted there was no snow storage area between the streets and sidewalk without
a boulevard.
Mr. Close asked what would be a practical distance between the curb and sidewalk.
Director Epple noted three feet is quite narrow for sprinklering five feet is more typical, Mr.
Bjalmarsson noted if the street were widened, the cars parked in front of the garages would hang
over the sidewalks. Mr. Sinrud indicated the location of the public streets and private streets on a
display board.
Ms. Guggenheim stated she appreciated the compromise offered to remove two lots to
meet a portion of the parkland dedication. She asked if they would consider having the property
City of Bozeman Planning Board Minutes—August 5,2003 3
line softened along the line to the west of the single household lot and north of the two lots to be
converted into parkland. She noted, if that line were curved, more square feet could be added to
the two lots for parkland. Ms. Bowman noted, until they received the Staff Report, they didn't
know the Parks and Recreation Board had decided not to accept cash-in-lieu for the rest of the
parkland requirements. She explained the agreement the owner has with a potential buyer of the
single household lot. She asked the Board to recommend approval of the applicant's
compromise for the removal of the two lots and the remainder cash-in-lieu. President Musser
commended the applicant for creating usable parkland. He noted this project appears to be one
that could be allowed to meet the remaining parkland dedication with cash-in-lieu. Ms. Bowman
noted that Rose Park and the regional park were both within half a mile of this project. Ms.
Guggenheim noted she would be more supportive of the compromise if the shortfall were less
than half an acre; however, the shortfall is almost 3/4 of an acre. She noted, because of the
proposed density, she would like to see more dedicated parkland. Ms. Bowman noted a Class 1
trail system goes through the property and doesn't count towards the parkland. Mr. Gallik stated
he was in favor of the compromise.
MOTION: Mr. Close moved, Mr. Gallik seconded, to recommend the modification of
#40 to allow the compromise offered by the applicant on the parkland dedication. The motion
carried 5-1, with Ms. Guggenheim voting against it.
MOTION: Mr. Close moved, Mr. Frost seconded, to recommend approval of application
with modification by staff of condition#2, Staff to review the covenants to reflect the lighting
standards, and the modifications made to condition#40. The motion carried 6-0
City of Bozeman Planning Board Minutes—August 5,2003 4
PLANKING BOARD STAFF REPORT
BAXTER SQUARE MaSUB P.U.D. FILE NO. P-03020
ITEM: MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
#P-03020. A MAJOR SUBDIVISION PRELIMINARY PLAT
APPLICATION TO DIVIDE 18 ACRES INTO 101 TOWNHOUSE
LOTS, TWO 8-PLEX LOTS AND ONE SINGLE HOUSEHOLD
RESIDENTIAL LOT.THE PROPERTY IS DESCRIBED AS THE EY2
WY, SE'/a SWl/a, SECTION 35, T1S, R5E, GALLATIN COUNTY,
MONTANA.
APPLICANTS: C&H ENGINEERING AND SURVEYING, INC.
205 EDELWEISS DRIVE
BOZEMAN, MONTANA 59718
JKG & ASSOCIATES
285 FRONTIER DRIVE
BOZEMAN,MT 59718
OWNERS, BUFFALO LAND MANAGEMENT, L.L.C.
12720 CAMP CREEK ROAD
MANHATTAN, MT 59741
EVERT WIERDA
13707 CAMP CREEK ROAD
MANHATTAN, MT 59741
BAXTER SQUARE PARTNERS,L.L.C.
317 SANDERS AVENUE
BOZEMAN, MT 59718
DATE/TIME: BEFORE THE CITY OF BOZEMAN PLANNING BOARD ON
TUESDAY, AUGUST 5, 2003 AT 7:00 P.M. AND BEFORE THE
BOZEMAN CITY COMMSSION ON MONDAY, AUGUST 11, 2003
AT 7:00 P.M., IN THE COMMISSION MEETING ROOM, CITY
HALL, 411 EAST MAIN STREET, BOZEMAN,MONTANA
REPORT BY: JAMI MORRIS, ASSISTANT PLANNER
CITY OF BOZEMAN PLANNING OFFICE
RECOMMENDATION: CONDITIONAL APPROVAL
Baxter Square MaSUB P.UD. Staff Report 1
Project Location:
The subject property is legally described as the El/2 W%2 SE'/4 SW'/a, Section 35, T1S, R5E,
Gallatin County,Montana, located on the north side of Baxter Lane west of the Thomas Drive and
Baxter Lane intersection. The east half of the property is zoned"R-3"(Residential Medium Density
District) and the west half is preliminarily approved for"R-3" zoning. Please refer to the vicinity
map provided.
B-2
13P
R.-1
N
R-3
Recommended Conditions of Approval:
Based on the following analysis, Planning Staff and the Development Review Committee (DRC)
find that the application,with conditions,is in general compliance with the adopted Growth Policy,
the Montana Subdivision and Platting Act and the City of Bozeman Subdivision Regulations. The
Board mayprovide advice and comments on the following conditions of approval as recommended:
Conditions for Approval:
Planning:
1. All mature vegetation that currently exists within any of the designated park,open space and
required setbacks shall be preserved. The Planning Office shall be contacted prior to any
mature vegetation being removed.
2. The subdivider shall be responsible for locating and installing an irrigation well strictly for
the purposes of irrigating residential yard spaces,boulevard, open space and parkland.
3. If the subdivision improvements are to be phased then the open space and parkland
improvements shall be completed with the platting of Phase 1.
Baxter'Square`MaSUB P.U.D. Staff Report 2
4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of
Public Service, must be paid at the time the final plat is submitted.
5. The declaration of covenants for the subdivision must be included and recorded with the
Final Plat. The City of Bozeman shall be party to any changes or modifications made to the
restrictive covenants and Architectural Guidelines as they relate to any zoning and/or
planning bylaws.
6. The dedicated parkland shall be identified as "Public Park" on the final plat.
7. The developer shall submit a formal development plan signed by a certified landscape
architect for the design of all dedicated parklands within said subdivision for review and
approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman
Recreation and Parks Advisory Board. Per Section 16.08.080"Final Park Plan",a final park
plan shall be submitted to the City of Bozeman for review and approval prior to the
installation of any park improvements. The park plan shall address all of the items listed in
Section 16.08.050.P for the dedicated parkland, open space areas and trail amenities.
8. The applicant shall obtain written approval from the Superintendent of Facilities and Public
Lands of a park land implementation plan outlining installation of landscape improvements,
trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and
that said implementation plan be noted accordingly in the protective covenants and
restrictions of the property owner's association documents, for review and approval prior to
Final Plat approval.
9. Section 16.14.100 "Park Requirements" allows public parkland to be used for storm water
detention or retention ponds but the area shall not count towards the parkland dedication
requirement. The parkland estimates shall be recalculated excluding the storm water
detention/retention ponds.
10. The public parkland boundaries bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, as prescribed in Section
16.14.100.17.3 of the subdivision regulations prior to filing of the any phase of the major
subdivision that contains dedicated public parkland.
11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland
donation then the plat shall conform to Section 18.14.100.G "Cash in Lieu of Park Land
Donation".
12. Section 16.14.110.A"City of Bozeman Rights-of-Way", states that the subdivider shall be
responsible for installing sod,boulevard trees and an irrigation system in the public right-of-
way boulevard strips along all external subdivision streets and adjacent to subdivision parks
or other open space areas.
Baxter Square MaSUB P.U.D. Staff Report-
13. Section 16.14.120.B.1 "Transportation Pathways",requires corridors for Class 1 trails to be
dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure
adequate room for the construction, maintenance and use of the trail. Transportation trail
corridors cannot be used to satisfy parkland dedication requirements. Trail specifications
shall be submitted to the Planning Department,for review and approval,prior to construction
of the trail.
14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public
rights-of-way and/or land used to meet parkland dedication requirements. The as-builts shall
include the exact locations and type of lines,including accurate depth,water source,heads,
electric valves, quick couplers, drains and control box as outlined in Section 16.08.090
"Irrigation System As-builts".
15. Streetlights shall be provided at all intersections of public and/or private streets and at the
intersection of pathways and streets within the proposed subdivision as outlined in Section
16.14.230.D "Subdivision Light Fixture Location and Placement".
16.Per Section 16.14.230.G"Lighting Specifications", the standard height for light standards
shall not exceed 24 feet.
17. As recommended by the State Historical Preservation Office(SHPO),a professional cultural
resource inventory of the site shall be conducted by a qualified archeologist. The results of
said survey must be provided to the Planning Department prior to the submittal of any
infrastructure plans and specifications.
18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious weeds
and a copy provided to the Planning Department.
19. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received,a platting certificate,and all required and corrected certificates.
The final plat application shall include two (2) signed reproducible copies on a stable base
polyester film(or equivalent);two(2)digital copies on a double-sided,high density 31/a-inch
floppy disk or compact disk; and five (5)paper prints.
20. Conditional approval of the preliminary plat shall be in force for not more than three calendar
years, as provided by state statute. Prior to that expiration date,the developer may submit a
letter of request for the extension of the period to the Planning Director for the City
Commission's consideration.
Baxter Square MaSUB P.U.D. Staff Report 4
21. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the preliminary plat
submittal information and conditions of approval. If the final plat is filed prior to the
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements.
Engineering:
22. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runoff from the private and public streets and all
lots must be provided to and approved by the City Engineer. The master plan must depict the
maximum sized retention basin location, show location of and provide easements for
adequate drainage ways within the subdivision to transport runoff to the stormwater receiving
channel. The plan shall include sufficient site grading and elevation information(particularly
for the basin site, drainage ways and finished lot grades), typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations and a
stormwater maintenance plan. Any stormwater ponds located within a park or open space
shall be designed and constructed to be conducive to the normal use and maintenance of the
open space. Stormwater ponds for runoff generated by the subdivision(e.g.,general lot
runoff,public or private streets, common open space, parks, etc.) shall not be located
on easements within privately owned lots. The pond in the northwest corner of the
subdivision appears to violate this and shall be on open space if it is collecting runoff
from subdivisions streets. While the runoff from the individual lots will be dependent on
the intensity of use on each lot,the maximum sizing of the storm retention facilities for each
lot will be established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the FSP for each lot.
23.Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street,prepared by a Professional Engineer,shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements unless approved for
concurrent construction by the City Commission. If approved for concurrent
construction, all parts of section 16.22.030 of the subdivision regulations must be
complied with.
24.All infrastructure improvements including 1)water and sewer main extensions,and 2)public
streets,curb/gutter,sidewalks fronting parks,open space,rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks
Baxter Square MaSUB P.U.D. Staff Report 5
shall be constructed on all public street frontages of a property prior to occupancy of any
structure on the property. Upon the third anniversary of the plat recordation of any phase of
the subdivision, any lot owner who has not constructed said sidewalk shall,without further
notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot. This condition shall be included on the plat and
in the covenants for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
25. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
26. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of easement.
27. Project phasing shall be clearly defined including installation of infrastructure.
28. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
29. All street names must be approved by the County Road and Bridge Department and the City
Engineering Division to eliminate duplication of names countywide.
30. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane
frontage. The driveway for the existing dwelling shall be relocated to the new street,and the
existing driveway obliterated.
31. The existing dwelling must be connected to city sewer and water once the mains have been
installed and accepted by the City.
32. The 12" water main in Baxter Lane s hall b e e xtended t o t he w estern b oundary o f t he
subdivision to conform to the City's Water Master Plan.
33, Baxter Lane shall be improved to one half of a minor arterial standard as shown in the
Transportation Plan along the frontage of this subdivision.
34.North 27th/Thomas shall be improved to one half of a collector standard as shown in the
Transportation Plan from the east/west street midway through the subdivision to Baxter
Lane.
35. The three way stop suggested in the Traffic Impact Study (TIS) at the intersection in the
Baxter Square MaSUR P.U.D. Staff Report 6
center of the subdivision w ill n of b e allowed. T his i ntersection w ill b e o ne w ay s top
controlled(south leg)until such time as warrants are met for three way stop. If crosswalks
are installed at this intersection as suggested in the TIS they must be thermoplastic or
preformed plastic, and all required signing must be installed.
36.No Parking signs shall be installed and the curb painted yellow on one side of all of the
private streets. The minimum allowed width of these private streets shall be 29'back of curb
to back of curb.
37. All of the sidewalks that are substandard (less than 5') in width shall meet ADA
requirements for turnouts for passing and width at intersections.
38. All lots shall be served by a sewer main extended from the north near Cattail Drive. No
direct connection to the Baxter sewer will be allowed.
39. The center east/west public street shall be improved to a full city standard local street from
the eastern boundary of this subdivision to North 27th/Thomas.
Recreation&Parks Advisory Board.
40.An additional 0.8 acres of parkland dedication is required. Lots 54 and 55 shall be removed
and added to the land adjacent to the park and the remaining acreage shall be carved out of
Lot 31 with adjacency to the private street rather than Baxter Lane.
41. The overhead power line across the park shall be relocated or buried to avoid interference
with park use and public safety.
42. The north end of the trail,near the stream/ditch, shall be located so as to continue along the
stream/ditch when the property to the west is developed.
FYI: The covenants must be modified as directed in the D.R.C. comments from July 7, 2003
ADJACENT LAND USES AND ZONING
The subj ect property is zoned "R-3" (Residential Medium Density District).
NORTH: "R-S" —Unincorporated Single Household Residences
SOUTH: "R-3" —Vacant
EAST: "R-S"—Single Household Residence with a janitorial service as a home occupation
WEST: "R-S" —Single Household Residence on unincorporated land.
PROPOSAL/BACKGROUND
The applicant is requesting Preliminary Plat approval to allow the subdivision of 18 acres of land
into 104 residential lots concurrent with an application for a Zoning Planned Unit. The development
proposal is for the creation of 101 townhouse lots,two multi-household residential lots for affordable
housing and one single household residential lot for the existing residence. The two existing tracts
are separately owned but the owners have chosen to submit a unified development plan for both lots.
Baxter Square MaSUB P.U.D. Staff Report 7
The east tract, originally called the Syme-Darvis Annexation, was formally annexed at the end of
2002. The west tract was preliminarily approved for annexation as the D.A.K.Annexation in 2002
but the City Commission has not yet formally adopted the annexation agreement.
The applicant requests the relaxation o f S ection 16.16.080 "Paving Requirements" to allow
construction of the private streets to less than the adopted city standards for the driving/parking lane
and sidewalk widths and for a sidewalk system to be constructed without a boulevard. The minimum
local street standard requires 60 feet of right of way with a minimum of 31 feet from back of curb to
back of curb. The minimum standard,with parking,supportable by City Staff is 29 feet from back of
curb to back of curb. This allows for two lanes of traffic and parking on one side of the street as well
as the necessary width for emergency vehicles.
Primary access to the subdivision will be provided from Baxter Lane with secondary access provided
from Thomas Drive through a street easement obtained across adjacent parcels to the east. Baxter
Lane will be required to be improved to half a minor arterial street standard and Thomas Drive,
which will become North 27th Avenue, will be required to be improved to half a collector street
standard. A majority of the streets are identified as private streets on the plat. The public street
easement will overlay the lots adjacent to the private streets. Adequate lot depth was provided to
ensure the necessary setbacks are still maintained from the edge of the public street easement.
Dedicated right of way, noted as 60 feet for a local street standard, will be provided through the
center of the subdivision running north to south(with a slight offset to the west)and one running east
to west from Thomas Drive/North 27th Avenue and dead ending at the stream.
The Transportation Plan also identifies the need for a trail corridor along Cattail Creek. The trail
currently ends at Oak Street in Harvest Creek Subdivision. The trail will eventually connect to
Valley Center Road with future development. Since the watercourse runs along the southwest corner
of the property the applicants have depicted the trail corridor running along the east side of the
stream and ending adjacent from the public park. Most of the parkland dedication has been provided
in the center of the subdivision as identified in the City of Bozeman Subdivision Regulations.
Additional parkland has also been depicted adjacent to the stream/trail corridor. The detention ponds
noted in the park cannot be calculated towards meeting the parkland dedication requirements.
Approximately 0.8 acres of additional parkland is required to meet the requirement of 0.03 acres per
dwelling unit. The Recreation&Parks Advisory Board has recommended conditions of approval for
the elimination of two lots and the reduction in size of the lot reserved for the existing residence in
order to fulfill the parkland requirements. The Recreation&Parks Advisory Board does not support
the use of cash-in-lieu of parkland for this development given the density of the proposal.
BOZEMAN ZONING & GROWTH POLICY DESIGNATIONS
The property is designated as Residential in the adopted Growth Policy and is zoned "R-3"
Residential Medium Density District. The Residential land use designation denotes areas where the
"primary activity is urban density living quarters"(Bozeman 2020 Community Plan). The intent of
the R-3 district is to provide for the development of one to five-household residential structures near
service facilities within the city(City of Bozeman Zoning Ordinance).
Baxter Square'MaSUB P.U.D. Staff Report 8
BOZEMAN PLANNING BOARD REVIEW
Pursuant to Section 16.10.050.D of the City of Bozeman Subdivision Regulations, the Planning
Board shall review the preliminary plat and supplementary information to determine if the proposed
plat is in compliance or noncompliance with the adopted Growth Policy. The Plaiming Board shall
act to recommend approval,conditional approval or denial of the preliminary plat application. The
Board shall then provide advice and comments to the Bozeman City Commission for its
consideration at its Monday, August 11, 2003, hearing which begins at 7:00 p.m. The Planning
Board Resolution#P-03020 and minutes from the Planning Board's August 5,2003,meeting will be
forwarded to the City Commission and made a part of the Commission's record.
STAFF FINDINGS
Pre-application Review: The pre-application for Baxter Square was submitted and reviewed in
November2002. At that time City Staff determined: a)the lots must be designated outside of the
stream setback; b) the stream setback could not be calculated towards the parkland dedication but
could be calculated towards the open space requirement; c)Baxter Lane must be constructed to one
half a minor arterial standard; and d) Thomas Drive/North 27t"Avenue must be constructed to one
half a collector street standard.
Subdivision Review: A preliminary plat application was submitted to the Planning& Community
Development Office on May 21,2003. The proposal was forwarded to various review agencies and
scheduled before the Development Review Committee(DRC)for a three-week review beginning on
June 24, 2003. During the review, the DRC discussed the need for an irrigation well, additional
parkland, cash-in-lieu of water rights, stormwater master plan, one foot no access strip on Baxter
Lane,constructing the east/west local street to Thomas Drive,Baxter Lane to be constructed to half a
minor arterial street standard and Thomas Drive to be constructed to half a collector street standard.
On July 8,2003,the DRC made a recommendation for conditional approval of the preliminary plat
application pursuant to the conditions listed at the beginning of this report.
Certificates: All certificates must conform to Chapter 16.32 of the City of Bozeman Subdivision
Regulations for subdivisions within the city limits. If the applicant wishes to utilize an
Improvements Agreement for infrastructure improvements, the Certificate of Completion of
Improvements will need to be modified accordingly. As with all Final Plat submittals, a Platting
Certificate,issued no later than 30 days prior to a final plat application submittal,must be included
with the Final Plat.
Subdivision Supplemental Materials: An evaluation of the surface water,floodplains,groundwater,
geology, vegetation, wildlife, historic features, agriculture, agricultural water users, water supply,
sewage disposal, storm water management, streets and roads, utilities, educational facilities, land
use,housing and parks and recreation facilities was submitted with the preliminary plat application.
Cattail Creek runs across the southwest corner of the property. The subdivision does not propose any
alteration to the creek. A 50-foot setback from the watercourse will be maintained. There appears to
be wetlands in the northwest corner of the property. A determination will need to be made prior to
final plat submittal whether the wetlands are jurisdictional wetlands. If a determination is made that
the wetland area is not artificial then the stream setback may need to be altered to comply with the
Baxter Square MaSUB P.U.D. Staff Report 9
subdivision and zoning requirements. Based on the current regulations the stream setback must be
measured from edge of any jurisdictional wetlands. No lot can be created within the stream course
setback.
REVIEW CRITERIA
The basis for the Governing Body's decision to approve, conditionally approve, or disapprove a
subdivision is whether the preliminary plat, planning board recommendation, public hearing, or
additional information demonstrates that development of the subdivision meets the requirements of
the Montana Subdivision and Platting Act. The Act establishes six primary review criteria,which
the governing body must also consider when evaluating subdivisions. Planning staff,the DRC and
other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions.
A)PRIlVIARY REVIEW CRITERIA
1. Effects on Agriculture.
The property has been master planned for Residential development. The urban density
development will replace the existing agricultural uses.
2. Effects on Agricultural Water User Facilities.
No effects on agricultural water user facilities were identified.
3. Effects on Local Services.
Water/Sewer: One of the recommended conditions of approval would require the subdivider
to install an irrigation well for the watering of residential yards,parks and open space areas.
An irrigation well will eliminate the use of treated water for irrigation purposes and is also a
cost saving measure for the residents of the development. The 12" water main in Baxter
Lane shall be extended to the western boundary of the subdivision to conform to the City's
Water Master Plan. The developer further proposes to extend the 8"sewer main located in
the south end of Cattail Creek subdivision to the subdivision along Thomas Drive/North 27t'
Avenue.
Police/Fire: During D.R.C. review the Fire Department expressed some concern over the
growth of the city to the west and the inevitable increase in response times from the existing
fire stations.
Streets: A ccess t o t he p roperty w ill b e p rovided p rimarily from Baxter Lane, which is
identified as a minor arterial street. A local street will be constructed through the subdivision
to Thomas Drive/North 27th Avenue, a collector street,in order to provide secondary access.
The developers have obtained a public street easement to allow the construction of the local
street across adjacent parcels. Aside from the primary north/south street and the east/west
street to be constructed within a 60-foot right of way,the remaining streets will be designated
as private streets and constructed within a 32-foot public street easement.
Utilities:The appropriate utility easements must be noted on the final plat.Easements for the
water and sewer main extensions shall be a minimum of 30 feet in width, with the utility
Baxter Square MaSUB P.U.D. Staff Report 10
located in the center of the easement. In no case shall the utility be less than 10 feet from the
edge of easement.
4. Effects on the Natural Environment.
Surface run off will be directed into storm water detention facilities that will be maintained
by the property owner's association. The watercourse will be designated as common open
space and a public trail corridor will be constructed adjacent to the watercourse as outlined in
pathway and zone planting requirements in the Subdivision Regulations.
5. Effects on Wildlife and Wildlife Habitat.
There should be minimal impact on Cattail Creel, given the distance of the developed area
from the watercourse. The 50-foot stream setback will provide a buffer to the watercourse
and will support the usual small mammals found in riparian areas. The applicant is aware of
any and all permitting required with Fish, Wildlife & Parks and will obtain all permits
necessary.
6. Effects on Public Health and Safety.
The threat of groundwater degradation from onsite sewage disposal should be eliminated since
municipal sewer will service the development. In addition to city review of the Plans and
Specifications, the subdivider will be required to obtain any permits required by the Montana
Department of Environmental Quality,Fish,Wildlife&Parks,Department of Natural Resource
Conservation and the Montana Department of Transportation.
B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE
MONTANA SUBDIVISION AND PLATTING ACT.
The subdivision currently complies and will remain in compliance with survey requirements of the
Act.
C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULATIONS.
The final plat will comply with the Subdivision Regulations with the recommended conditions of
approval outlined in the beginning of the staff report.
D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS.
The Planning Board and City Commission hearings have been properly noticed, as required in the
Subdivision Regulations.
E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY
PLANNED UTILITIES.
All utilities and necessary utility easements will be provided and depicted on the final plat.
F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL.
Primary access will be provided from Baxter Lane and secondary access will be provided from
Thomas Drive/North 27t"Avenue. All ots within the subdivision will have direct access either to
the dedicated public streets or to adjacent private streets with public street easements.
Baxter Square MaSUB P.UD. Staff Report i i
PUBLIC COMMENT
No public comment has been received as of this date.
Attachments:
Exhibit A—Preliminary Plat Submittal
Exhibit B-Letter from the Recreation &Parks Advisory Board
cc: Buffalo Land Management, L.L.C., 12720 Camp Creek Road, Manhattan,MT 59741
Evert Wierda, 13707 Camp Creek Road, Manhattan, MT 59741
Baxter Square Partners, L.L.C., 317 Sanders Avenue,Bozeman, MT 59718
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
JKG&Associates, 285 Frontier Drive,Bozeman,MT 59718
Baxter Square MaSUB P.U.D. Staff Report 12
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ESIGN� RE .=i W BOARD STAFF REPORT
RAXTEIZYSQUARE�'CUPMUD ZONING FILE NO. Z-03132
ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-03132.
THROUGH THE ZONING PLANNED UNIT DEVELOPMENT
PROCESS THE APPLICANT PROPOSES THE ESTABLISHMENT
OF A UNIFIED DEVELOPMENT PLAN FOR 101 TOWNHOUSE
UNITS, TWO 8-PLEX APARTMENT BUILDINGS AND ONE
EXISTING SINGLE HOUSEHOLD RESIDENCE WITH
REQUESTED RELAXATIONS FROM THE CITY OF BOZEMAN
ZONING ORDINANCE ON PROPERTY LOCATED ON THE
NORTH SIDE OF BAXTER LANE WEST OF THE BAXTER LANE
AND THOMAS DRIVE INTERSECTION AND ZONED "R-3"
(RESIDENTIAL MEDIUM DENSITY DISTRICT).
REPRESENTED: C&H ENGINEERING& SURVEYING, INC.
205 EDELWEISS DRIVE
BOZEMAN, MT 59718
JKG & ASSOCIATES
285 FRONTIER DRIVE
BOZEMAN, MT 59718
OWNERS: BUFFALO LAND MANAGEMENT, L.L.C.
12720 CAMP CREEK ROAD
MANHATTAN, MT 59741
EVERT WIERDA
13707 CAMP CREEK ROAD
MANHATTAN,MT 59741
BAXTER SQUARE PARTNERS, L.L.C.
317 SANDERS AVENUE
BOZEMAN,MT 59718
DATE/TIME: TUESDAY, JULY 8, 2003, AT 3:30 P.M., IN THE CONFERENCE
ROOM, ALFRED M. STIFF PROFESSIONAL BUILDING, 20
EAST OLIVE STREET, BOZEMAN, MONTANA
REPORT BY: JAMI MORRIS
ASSISTANT PLANNER
RECOMMEND: CONDITIONAL APPROVAL
Baxter Square CUP/PUD 1
1. Project Description:
The subject property is described as E%2 W% SE'/4 SW'/4, Section 35, T1S, R5E, Gallatin
County, Montana located on the north side of Baxter Lane west of the Thomas Drive and Baxter
Lane intersection. Please refer to the vicinity map provided.
U - Bp
X
R-S R-1
N
R-3
The Zoning Planned Unit Development application proposes to construct 101 townhouse
units and two apartment buildings with requested relaxations and proposed improvements. The
property is being concurrently reviewed for the subdivision of the property. The development is
required to provide 0.03 acres of dedicated parkland per dwelling unit and 30% open space. The
open space requirement includes parkland and stream setbacks. The parkland required equates to
approximately 3.5 acres and the open space would be 3.1 acres. The site plan indicates a soccer
field in the middle of the subdivision and additional parkland being provided adjacent to the 50-
foot stream setback. If additional area cannot be provided to meet the total parkland dedication
then cash-in-lieu of parkland must be paid. A Class I trail, as noted in the Transportation Plan, is
required adjacent to Cattail Creek. The applicant has also depicted benches and associated
landscaping for the stream setback and park facilities.
The subdivision will be developed primarily with townhouse clusters ranging from two to
four units per cluster. However, one of the proposed relaxations is for the allowance for two
apartment-style condominium buildings. The "R-3" zoning district permits up to a fourplex or
up to a five-unit townhouse cluster. The apartment buildings would provide eight dwelling units
per building. The developer is attempting to get the dwelling units certified as affordable
housing units. If the units are certified as affordable then the parking requirement for the
apartment buildings will be reduced by one space per unit. The subdivision is required to have
218 off-street parking spaces with 117 additional on-street parking spaces permitted. The wider
public streets will have parking on both sides and the narrower private streets will provide
parking on one side of the street. The development will also have parking adjacent to the public
park in the center of the subdivision.
Baxter Square CUP/PUD 2
Staff does not support all of the requested relaxations from the zoning ordinance.
Planning does not support the reduction in drive aisle width and any of the deviations that would
reduce the parking stall length. Although the applicant has requested a relaxation to the drive
aisle width for the 8-plex buildings it may not be required if half of the off-street parking can be
eliminated due to the exception in the code for parking related to affordable housing complexes.
If this is the case then the drive aisle reduction will not be necessary. Staff cannot support the
relaxation of the stall length for a couple of driveways within the corner side yard setback and
front yard setback because of the potential for vehicles to overhang the sidewalk and hinder
pedestrian movements. Only compact vehicles would be able to park in the shortened
driveways.
Section 18.54 "Planned Unit Development" requires a recommendation from the Design
Review Board either for approval, conditional approval or denial of the preliminary plan to the
City Commission.
2. List of Deviations:
a) Section 18.20.020 "Permitted Uses" to allow two 8-plex apartment buildings in the "R-
3"zoning district.
b) b)S ection 18.20.030 "Lot A rea a nd W idth" t o allow the townhouse clusters to be
constructed on an average lot area less than 3,000 square feet.
c) Section 18.20.050 "Yards" to allow the townhouses to encroach up to one and a half feet
into the twenty-foot front yard setback.
d) Section 18.50.060.A "Permitted Encroachments Into Yards" to allow the townhouse
patios to encroach up to ten feet into the twenty foot rear yard setback.
e) Section 18.50.060.0 "Special Yard Setbacks" to allow the townhouses to encroach up
to two feet into the fifteen foot corner side yard setback.
f) Section 18.50.110.13 "Stall, Aisle and Driveway Design" to allow up to an eight foot
reduction to the standard drive aisle width of twenty-six feet for the 8-plex parking lots
and to allow the townhouse driveway stall length be reduced from twenty feet to eighteen
feet.
g) Section 18.50.110.K "No Parking Permitted in Required Front or Side Yards" to
allow the parking lots for the 8-plexes to encroach up to seven feet into the front yard
setback and completely into the five foot side yard setback.
3. Architectural Review:
The D esign R eview B oard r eviewed t he C oncept P Ian a t i is F ebruary 2 5, 2 003 public
meeting and made the following comments:
a) Aggregation of the driveways would create wider yard spaces and allow for more on-
street parking.
b) Landscaped boulevards (sod and street trees) should be provided along all sidewalks.
Baxter Square CUP/PUD 3
c) The two spur trails on the east half of the property could be eliminated.
d) So many driveways are not aesthetically pleasing. Alleys would be preferable.
e) Longer driveways should be considered to minimize the stacking of vehicles into the
right-of-way and blocking pedestrian use of the sidewalks.
f) May need to look at widening the streets and narrowing the lots to allow for more on-
street parking.
g) The trail system should be located to provide a future link to the regional park.
4. Administrative Design Review Comments:
The comments received have been identified as recommended conditions of approval.
5. Public Comment:
No written comment has been received to date.
6. Staff Conclusion:
The intent of Section 18.54 "Planned Unit Development" is to promote maximum
flexibility and innovation in t he d evelopment o f t and a nd t he d esign o f d evelopment p roj ects
within the city. The applicant is proposing deviations from the city's standards through the
Planned Unit Development process and therefore must demonstrate a plan that will produce an
environment, landscape quality and character superior to that produced under the existing
standards.
Setbacks- The "R-3" (Residential Medium Density District) lots have a twenty-foot front
and r ear yard s etback and a five-foot side yard setback requirement. Corner lots with
driveways within the corner side yard have a twenty-foot corner side yard setback and a
fifteen-foot corner side yard setback if no driveway is present. The property has an
additional fifty-foot stream setback adjacent to Cattail Creek. The trail amenities are
permitted within the setback as depicted.
The applicant has requested reductions in the setbacks for a few of the lots. Generally,
when reviewing a subdivision PUD we do not restrict the relaxations to just those lots
encroaching into the setbacks. Therefore, the relaxations have been advertised and if
approved would be permitted for all of the lots within the PUD.
Parkin2-
Three parking spaces per two or three bedroom dwelling unit is required. All of the units
have been depicted as either two or three bedroom. Out of the three spaces, required per
unit, two of the spaces must be provided off the street. Based on these figures 218 off
Baxter Square CUP/PUD 4
street parking spaces must be provided and 117 parking spaces must be provided within
the subdivision.
All of the townhouse units have single car garages. Therefore, they are permitted
stacking of parking spaces with one space counted inside the garage and one space
counted in the driveway. The plans depict numerous parking spaces on the street. The
private streets have parking on one side of the road and the pubic streets depict parking
on both sides of the right of way. A parallel space on the street must be twenty-four feet
in length and outside of the street vision triangle in order to fulfill the parking
requirement.
Parking for affordable housing units can be reduced to two spaces per unit, with half of
the spaces being provided off-street, based on a new provision in the zoning ordinance.
This may alleviate the need for a relaxation of the drive aisle if the applicant is able to
eliminate the extra row of parking depicted on the 8-plex site plan.
Open Space- Section 18.54.100.E.1.12 "Open Space" requires a minimum of 30% open
space e xclusive o f y and s etbacks a nd r equired p arking 1 of 1 andscaping b e p rovided for
residential projects. Three and a half acres of parkland must be provided and three acres
of open space must be set-aside for the benefit of the residences. Detention and
retentions ponds are permitted within dedicated parkland but they do not count towards
the parkland dedication and they must be incorporated as a design feature. Staff
recommends that the ponds be constructed in a more organic shape and incorporate
landscaping. The subdivision meets the 3-acre open space requirement with the stream
setback, adjacent parkland and the soccer field.
Building Height & Footprint-
Maximum Allowable Depicted
Building Height 38 feet 28 feet
Building Footprint 120 ft. length 65-120 ft. length
The applicant is requesting a reduction of the lot area requirement in the "R-3" district.
The minimum average lot area for a townhouse cluster is 3,000 square feet. The
relaxation would be for ten of the thirty-three townhouse clusters with the smallest at
2,630 square feet.
Landscape & Buffering- The applicant proposes to preserve a large majority of the
existing mature vegetation especially adjacent to Cattail Creek. The landscape plan must
also include Zone 1 watercourse plantings within fifteen to thirty feet of the high water
mark. A mix of new and existing trees spaced 25-35 feet apart and shrubs planted
throughout 5-15 feet apart.
Baxter Square CUP/PUD 5
Based onn the above summary review, the Planning Office and Administrative Design
Review staff recommend to the Design Review Board conditional approval of the Planned Unit
Development application with the following conditions:
1. A materials sample board and color palette shall be provided with the Final Site Plan for
review and approval by the Administrative Design Review Staff.
2. Street trees shall be provided within the front yard setback on the streets without
boulevards.
NOTE: The Design Review Board and Development Review Committee will forward a
formal recommendation to the City Commission on this matter who will in turn consider
an action on this application on Monday,August 11,2003.
Attachments: Submittal for Conditional Use Permit/Planned Unit Development
Mailed To:
Buffalo Land Management, L.L.C., 12720 Camp Creek Road, Manhattan, MT 59741
Evert Wierda, 13707 Camp Creek Road,Manhattan, MT 59741
Baxter Square Partners, L.L.C., 317 Sanders Avenue, Bozeman, MT 59718
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman,MT 59718
XG &Associates, 285 Frontier Drive, Bozeman, MT 59718
Baxter Square CUP/PUD 6
Mr. Muhlenfeld added that, architecturally, the buildings were of historical type and in keeping
with the downtown area. He stated the accesses were from the boulevards and from private
alleys. He stated this is the first of three proposed phases. He stated Mr. Hanson was concerned
with the length of the fagade at the informal review, and the applicant had provided an elevation
of the fagade depicting different heights of entrances and numbers of stairs leading up to them to
lessen the impact of the length of it.
Mr. Carpenter asked if there was on-street parking on both sides of the streets. Mr. Muhlenfeld
stated there was parking access from the front and the rear.
Chairperson Smith asked for clarification of what would be developed in the first phase. Mr.
Delaney explained the phases of development,noting that the third phase of development was
unknown as of yet.
Mr. Carpenter stated he appreciated the in-fill in that location, the facades were better than those
presented in the Informal review, and the retention ponds were better located in this proposal.
Chairperson Smith stated she liked the project and was in favor of recommending approval of the
application including Staff conditions and the requested deviations.
B. Baxter Square MaSub PUD Prel. Plat#P-03020 (Morris)
5371 Baxter Lane
* A Preliminary Plat Application to subdivide 18.12 acres into 101
townhouse lots, two eight-plex lots, and one single family lot with
proposed relaxations from the subdivision regulations.
Voss Bowman, Evert Wierda, Randy Visser, John Sinrud, Amy Grant, and Per Hjalmarsson
joined the DRB. Assistant Planner Jami Morris presented the staff report, noting there was a
possibility of the proposal being comprised partially of affordable housing units. She stated
Staff s main concern was the request for relaxation for the driveways to be less than twenty feet
long, which would cause vehicles parked on the pad in front of the garage to hang over the
sidewalks. She noted the original comments made by the DRB during the conceptual plan
review of the project had been addressed with the Preliminary Plat proposal. She stated Staff
requested a materials board and color pallet be provided before final approval.
Mr. Sinrud stated the west portion of the property had some single and some dual car garages
and the east side proposed single car garages,back to back,with 2 spaces of on-street parking.
He stated the units would be reduced in size to accommodate the required length of the
driveways to eliminate the request to reduce the required driveway length. He stated the
applicant had tried to make parking arrangements and accesses more user friendly per DRB
comments from the Concept Plan review. He stated the plans were to include a functioning park.
Chairperson Smith asked if the affordable housing designation would reduce the number of
required parking spaces. Mr. Sinrud stated code does require fewer parking spaces for affordable
City of Bozeman Design Review Board Notes—July 8,2003 2
housing. He stated the reduction in the number of parking spaces would allow more landscaping
as a buffer zone between the condos and the eight-plexes. Planner Morris stated Staff s major
concern was the drive aisle width.
Mr. Carpenter stated he appreciated the effort the applicant made to address the DRB comments
from the initial review and he wished them success in the affordable housing designation. He
stated the code should be changed so that parking would not be reduced with affordable housing.
He asked the width of the drive aisle. Planner Morris responded that the drive aisle was 26 feet
wide.
Chairperson Smith stated she had serious concerns regarding the amount of proposed parking.
She stated the number of vehicles would not decrease with a designation of affordable housing.
She stated she was concerned with vehicular circulation throughout the project and the density
may be too much for the area; thus, causing the parking difficulties. She stated she was
concerned that vehicles stacked on the driveway would overhang the sidewalks.
Mr. Carpenter asked if time limits could be placed on some of the parking spots. Planner Morris
stated it could be instituted in the covenants. Mr. Howe stated enforcement of a time limit would
be difficult as the subdivision would have to enforce the parking restrictions. He added that
many projects reviewed by the DRB did not address parking well.
C. Stoneridge Business Park Ph. II B MaSP/COA#Z-03146 (Honatke)
Southwest corner of the intersection of North 19th Avenue and North 22"d Avenue
* A Major Site Plan Application with a Certificate of Appropriateness to
allow the construction of two, single-stony, multi-tenant, 4,700 sq. ft.
office buildings; one single-stony,multi-tenant, 4,553 sq. ft. office
building; and one two-story, 9,618 sq. ft. retail/office building with related
site improvements.
This proj ect was done second per an arrangement between Urban Designer/Planner Honatke and
Planner Morris.
Jesse Sobrepena and Dave MacDonald joined the DRB. Urban Designer/Planner Candace
Honatke presented the staff report, noting that lots 15 and 16 have met all parking and
landscaping requirements, however; lot 14 is deficient in achieving the necessary 23 landscape
points. She stated Staff was requiring a color pallet and elevations, and DRC voted to
conditionally approve the project earlier in the day.
Mr. MacDonald stated he wanted the project to be a known element in the community. He stated
choosing the color was difficult and he made the decision to use the same colors as those on the
existing buildings on lot 13.
Mr. Howe stated the project looked good.
Mr. Carpenter stated he supported the project with Staff conditions.
City of Bozeman Design Review Board Notes—July 8,2003 3
CITY OF BOZEMAN
,dog BOZO DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
q�
Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2260
20 East Olive Street Fax: (406) 582-2263 8
<r o� Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net
co. Bozeman, Montana 59771-1240 World wide web:
www.bozeman.net
MEMORANDUM
To: Development Review Committee
From: Jami Morris, Assistant Planner
Date: July 7, 2003
Subject: Baxter Square MaSub Preliminary Plat#P-03020
Staff has reviewed the above referenced major subdivision preliminary plat application to subdivide18 acres
into 101 townhouse lots, two 8-plex lots and one single household residential lot, against the Bozeman
Subdivision Regulations, the City of Bozeman adopted Growth Policy and Bozeman Zoning Ordinance.
The applicant has requested the relaxation of Section 16.16.080 "Paving Requirements" to allow constriction
of the private streets to less than the adopted city standards for the driving/parking lane and sidewalk widths and
the for a sidewalk system to be constricted without a boulevard. Staff will only support the relaxation if the
private street is constricted to a width of 28 feet from curb face to curb face rather than the 26 feet depicted.
Otherwise, the subdivision, with the following conditions and regulation requirements addressed, appears to
comply with review criteria and should not be detrimental to the health, safety and welfare of the community.
The recommended conditions from Planning Staff are listed below.
Conditions for Approval:
1. All mature vegetation that currently exists within any of the designated park, open space and required
setbacks shall be preserved. The Planning Office shall be contacted prior to any mature vegetation
being removed.
2. The subdivider shall be responsible for locating and installing an irrigation well strictly for the purposes
of irrigating residential yard spaces, boulevard, open space and parkland.
3. If the subdivision improvements are to be phased then the open space and parkland improvements shall
be completed with the platting of Phase 1.
4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of Public
Service, must be paid at the time the final plat is submitted.
5. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The
City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and
Architectural Guidelines as they relate to any zoning and/or planning bylaws.
6. The dedicated parkland shall be identified as "Public Park" on the final plat.
planning • zoning subdivision review anne-ration historic preservation housing • grant administration neighborhood coordination
7. The developer shall submit a formal development plan signed by a certified landscape architect for the
design of all dedicated parklands within said subdivision for review and approval by the Superintendent
of Facilities and Public Lands, and the City of Bozeman Recreation and Parks Advisory Board. Per
Section 16.08.080 "Final Park Plan", a final park plan shall be submitted to the City of Bozeman for
review and approval prior to the installation of any park improvements. The park plan shall address all
of the items listed in Section 16.08.050.P for the dedicated parkland, open space areas and trail
amenities.
8. The applicant shall obtain written approval from the Superintendent of Facilities and Public Lands of a
park land implementation plan outlining installation of landscape improvements, trail/bike path
improvements, and maintenance and upkeep of the park lands and trails, and that said implementation
plan be noted accordingly in the protective covenants and restrictions of the property owner's association
documents, for review and approval prior to Final Plat approval.
9. Section 16.14.100 "Park Requirements" allows public parkland to be used for storm water detention or
retention ponds but the area shall not count towards the parkland dedication requirement. The parkland
estimates shall be recalculated excluding the storm water detention/retention ponds.
10. The public parkland boundaries bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, as prescribed in Section 16.14.100.17.3 of
the subdivision regulations prior to filing of the any phase of the major subdivision that contains
dedicated public parkland.
11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland donation then
the plat shall conform to Section 18.14.100.G"Cash in Lieu of Park Land Donation".
12. Section 16.14.110.A "City of Bozeman Rights-of-Way", states that the subdivider shall be responsible
for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips
along all external subdivision streets and adjacent to subdivision parks or other open space areas.
13. Section 16.14.120.13.1 "Transportation Pathways", requires corridors for Class 1 trails to be dedicated to
the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the
construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy
parkland dedication requirements. Trail specifications shall be submitted to the Planning Department,
for review and approval,prior to construction of the trail.
14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-
way and/or land used to meet parkland dedication requirements. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box as outlined in Section 16.08.090 "Irrigation System As-builts".
15. Streetlights shall be provided at all intersections of public and/or private streets and at the intersection of
pathways and streets within the proposed subdivision as outlined in Section 16.14.230.D "Subdivision
Light Fixture Location and Placement".
Page 2
16. Per Section 16.14.230.G "Lighting Specifications", the standard height for light standards shall not
exceed 24 feet.
17. As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource
inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be
provided to the Planning Department prior to the submittal of any infrastructure plans and
specifications.
18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control
District and the subdivider for the control of county declared noxious weeds and a copy provided to the
Planning Department.
19. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The final plat application
shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2)
digital copies on a double-sided, high density 3%-inch floppy disk or compact disk; and five (5) paper
prints.
20. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as
provided by state statute. Prior to that expiration date, the developer may submit a letter of request for
the extension of the period to the Planning Director for the City Commission's consideration.
21. If it is the developer's intent to file the plat prior to the completion of all required improvements, an
Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion
of a 11 i mprovements i n a ccordance w ith t he p reliminary p lat s ubmittal i nfonnation a nd conditions of
approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply
the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining
improvements.
Please be advised that staff mayprovide additional comments and conditions duringpreparation of the final
staff report.
Page 3
Covenants shall include a reference to the following sections of the Subdivision Regulations:
• Section 16.14.100 "Park Requirements" requires the subdivider to be responsible for leveling the park
area, amending soil, seeding with drought tolerant grass seed and installing an underground irrigation
system.
• Per Section 16.14.1001 "Irrigation.
• Section 16.14.1201 "Pathway Maintenance".
Page 2
• Sidewalks,boulevard, and parks/open space maintenance is the responsibility of the HOA.
• Question the drainfield reference.
• Wells for irrigation only.
• Outbuildings are totally restricted?
• Add language to domestic pets that City does not enforce this regulation.
Page 5
• 3E add City of Bozeman Zoning Ordinance and City of Bozeman Subdivision Regulations.
Page 6
• 3H check typos and need clarification on the style of lighting permitted. Details needed.
• 3J must comply with the City of Bozeman Zoning Ordinance and the approved Planned Unit
Development guidelines.
Page 9
• Fill in the blanks with approved details.
• Check zoning for building height.
• Fill in setback information once approved.
Page 10
• Fill in the blanks.
• 4F What hilltops?
• 4G"Fences"needs more detail. Include height, location, finished side out and applicable setbacks.
Page 11
• Do you need 4L, 4M and 4N?
• Need to add information pertaining to irrigation wells.
• 40 check typo.
• 5A needs to include information on open space, sidewalks, private street, park and detention/retention
maintenance.
Page 12
• 5B needs to refer to City not County.
Page 13
• Need to include light details.
Page 4
CITY CO MISSION STAFF REPORT FILE NO..Z:03132
BARTER SQUARE CUP/PLANNED UNIT DEVELOPMENT
ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-03132. A
PRELIMINARY PLAN FOR A ZONING PLANNED UNIT
DEVELOPMENT FOR A UNIFIED DEVELOPMENT PLAN FOR 101
TOWNHOUSE UNITS, TWO 8-PLEX APARTMENT BUILDINGS
AND ONE EXISTING SINGLE HOUSEHOLD RESIDENCE WITH
REQUESTED RELAXATIONS FROM THE CITY OF BOZEMAN
ZONING ORDINANCE ON PROPERTY LOCATED ON THE NORTH
SIDE O F B AXTER L ANE W EST OF THE BAXTER LANE AND
THOMAS DRIVE INTERSECTION AND ZONED "R-3"
(RESIDENTIAL MEDIUM DENSITY DISTRICT).
REPRESENTED: C&H ENGINEERING & SURVEYING, INC.
205 EDELWEISS DRIVE
BOZEMAN, MT 59718
JKG & ASSOCIATES
285 FRONTIER DRIVE
BOZEMAN,MT 59718
OWNERS: BUFFALO LAND MANAGEMENT, L.L.C.
12720 CAMP CREEK ROAD
MANHATTAN, MT 59741
EVERT WIERDA
13707 CAMP CREEK ROAD
MANHATTAN,MT 59741
BAXTER SQUARE PARTNERS,L.L.C.
317 SANDERS AVENUE
BOZEMAN, MT 59718
DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY,
AUGUST 11,2003,AT 7:00 P.M.,IN THE COMMISSION MEETING
ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN,
MONTANA
REPORT BY: JAMI MORRIS,ASSISTANT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
Baxter Square CUP/PUD Staff Report ' 1
Project Location:
The subject property is described as E%2 W%2 SEI/4 SW'/4, Section 35, T1S, R5E, Gallatin
County, Montana located on the north side of Baxter Lane west of the Thomas Drive and Baxter
Lane intersection. Please refer to the vicinity map provided.
I
B-2
BP
MR-
�� R-1
IY
R-3
Recommeuded Conditions of Approval:
The Bozeman Development Review Committee (D.R.C.) and the Design Review Board
(D.R.B.) have reviewed the Conditional Use Permit for a Planned Unit Development against the
criteria set forth in Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. Some of the
issues have been identified in the subdivision staff report and are not duplicated in this staff report.
Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends the
following conditions of approval and code provisions to the City Commission:
Conditions for Approval:
1. A materials sample board and color palette shall be provided with the Final Site Plan for
review and approval by the Administrative Design Review Staff.
2. Street trees shall be provided within the front yard setback on the streets without
boulevards.
Standard Conditions of Approval:
3. The right to a conditional use permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
Baxter Square CUP/PUD Staff Report 2
4. All special conditions and code provisions shall constitute restrictions running with the land,
shall be binding upon the owner of the land,his successors or assigns,shall be consented to
in writing by the applicant prior to commencement of the use and shall be recorded as such
with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final
site plan approval or commencement of the use.
5. All of the conditions and code provisions specifically stated under any conditional use listed
in this title shall apply and be adhered to by the owner of the land, successor or assigns.
6. The applicant must submit seven(7)copies a Final Site Plan within 6 months of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
7. A Building Permit must be obtained prior to the work,and must be obtained within one year
of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan,including excavation and footing preparation,
but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS
OBTAINED.
8. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements,the Improvements Agreement must be secured by a method of security equal
to one and one-half times the amount of the estimated cost of the scheduled improvements
not yet installed. Said method of security shall be valid for a period of not less than twelve
(12)months;however,the applicant shall complete all on-site improvements within nine(9)
months of occupancy to avoid default on the method of security.
Code Provisions:
9. The final site plan,building permits and occupancy of all structures shall be in compliance
with the criteria outlined in Section 18.50.030.D.3 for concurrent construction.
10. Per Section 18.49.040.C.3 "Preparation of a Landscape Plan", landscape plans shall be
prepared and certified by a registered Montana Landscape Architect, an individual with a
degree in landscape design and two years of professional design experience,or an individual
with a degree in a related field and at least five years of professional design experience. The
final landscape plan shall indicate both existing vegetation to be preserved and proposed
vegetation.
11. The 8-plex parking lots shall conform to Section 18.49.060.0 "Parking Lot Landscaping,"
which states that internal parking lot landscaping provided shall be proportionately dispersed
so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet,
with landscaped areas provided in an appropriate scale to the size of the parking lot. The
minimum width and/or length of any parking lot landscaped area shall be eight feet.
Baxter Square CUP/PUD Staff Report 3
12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining
properties and shall not detract from driver visibility on adjacent streets. Luminaries and
lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A.
13. A watercourse setback planting plan shall be prepared by a qualified landscape professional
and shall be reviewed and approved by the Planning Department prior to the commencement
of development or site preparation. The plan shall include a schedule for planting and
landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g "Setback
Planting".
14. Per Section 18.50.110.B.13 "Pedestrian Facilities in Parking Lots," concrete sidewalks a
minimum of three feet in width shall be provided between any existing or proposed building
and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet
of sidewalk width is required.
15. Per Section 18.50.110.F.3 "Disabled Accessible Parking Spaces",parking spaces and access
aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be
located at a distance no greater than five feet from the front of each accessible space and shall
state "Permit Required $100 Fine". One of the disabled accessible spaces shall also be
signed"Van Accessible".
16. Section 18.50.110.F.l.b.i "Affordable Housing", when calculating the amount of required
parking for affordable housing, as defined in Chapter 18.04,if the project is guaranteed for
use as affordable housing for a minimum period of 30 years and the use as affordable
housing is subject to long term monitoring to ensure compliance and continued use as
affordable housing, all parking shall be calculated as if on-street parking were available for
each affordable dwelling unit provided, and shall not exceed that required for a 2 bedroom
dwelling.
17. Section 18.54.060.C.4.d"Open Space Maintenance Plan,"requires that the developer submit
a legal instrument setting forth a plan providing for the permanent care and maintenance of
open spaces, recreational areas, communally owned facilities, and parking lots. Once the
document has been approved by the city,the property owner shall file the document with the
County Clerk and Recorder's Office. A copy of the recording receipt and the signed and
notarized document shall be provided with the final site plan submittal.
18. The applicant shall provide a bound copy of the Architectural Guidelines,including a table of
contents that identifies each chapter and page numbers,with the final site plan as described
in Section 18.54.080.D.2"Developmental Guidelines Submittal Requirements".The City of
Bozeman shall be third party to any changes or modifications made to the restrictive
Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws.
19.A Sign Permit Application shall be reviewed and approved by the Planning Office prior to
the construction and installation of any signage on-site in accordance with Section 18.65 of
the City of Bozeman Zoning Ordinance.
Baxter Square CUP/P-UD Staff Report 4
Proposal:
The Zoning Planned Unit Development application proposes to construct 101 townhouse
units and two 8-unit apartment buildings with requested relaxations and proposed improvements.
The property is being concurrently reviewed for the subdivision of the property. The development is
required to provide 0.03 acres of dedicated parkland per dwelling unit and 30% open space. The
open space requirement includes parkland and stream setbacks. The parkland required equates to
approximately 3.5 acres and the open space would be 3.1 acres. The site plan indicates a soccer field
in the middle of the subdivision and additional parkland being provided adjacent to the 50-foot
stream setback. If additional area cannot be provided to meet the total parkland dedication then
cash-in-lieu of parkland must be paid. A Class I trail,as noted in the Transportation Plan,is required
adjacent to Cattail Creek. The applicant has also depicted benches and associated landscaping for
the stream setback and park facilities.
The subdivision will be developed primarily with townhouse clusters ranging from two to
four units per cluster. However, one of the proposed relaxations is for the allowance for two
apartment-style condominium buildings. The"R-3"zoning district permits up to a four-plex or up to
a five-unit townhouse cluster. The apartment buildings would provide eight dwelling units per
building. The developer is attempting to get the dwelling units certified as affordable housing units.
If the units are certified as affordable then the parking requirement for the apartment buildings will
be reduced by one space per unit. The subdivision is required to have 218 off-street parking spaces
with 117 additional on-street parking spaces permitted. The wider public streets will have parking
on both sides and the narrower private streets will provide parking on one side of the street. The
development will also have parking adjacent to the public park in the center of the subdivision.
Staff does not support all of the requested relaxations from the zoning ordinance. Planning
does not support the reduction in drive aisle width and any of the deviations that would reduce the
parking stall length. Although the applicant has requested a relaxation to the drive aisle width for the
8-plex buildings it may not be required if half of the off-street parking can be eliminated due to the
exception in the code for parking related to affordable housing complexes. If this is the case then the
drive aisle reduction will not be necessary. Staff cannot support the relaxation of the stall length for
a couple of driveways within the corner side yard setback and front yard setback because of the
potential for vehicles to overhang the sidewalk and hinder pedestrian movements. Only compact
vehicles would be able to park in the shortened driveways.
The Planned Unit Development has been advertised with the following requested relaxations
from the Zoning Ordinance in exchange for a unified development and landscape plan. The
developers have indicated they may be able to redesign some of the units to address Staff s concerns,
which may no longer necessitate the requirement for all of the originally requested relaxations.
a) Section 18.20.020 "Permitted Uses" to allow two 8-plex apartment buildings in the"R-3"
zoning district.
b) b) Section 18.20.030 "Lot Area and Width" to allow the townhouse clusters to be
constructed on an average lot area less than 3,000 square feet.
c) Section 18.20.050"Yards"to allow the townhouses to encroach up to one and a half feet into
the twenty-foot front yard setback.
Baxter Square CUP/PUD Staff Report 5
d) Section 18.50.060.A"Permitted Encroachments Into Yards"to allow the townhouse patios
to encroach up to ten feet into the twenty foot rear yard setback.
e) Section 18.50.060.C"Special Yard Setbacks"to allow the townhouses to encroach up to two
feet into the fifteen foot corner side yard setback.
f) Section 18.50.110.B "Stall, Aisle and Driveway Design" to allow up to an eight foot
reduction to the standard drive aisle width of twenty-six feet for the 8-plex parking lots and
to allow the townhouse driveway stall length be reduced from twenty feet to eighteen feet.
g) Section 18.50.110.K"No Parking Permitted in Required Front or Side Yards"to allow the
parking lots for the 8-plexes to encroach up to seven feet into the front yard setback and
completely into the five foot side yard setback.
Adiacent Land Uses and Zoning:
The adjacent land uses and zoning designations in the immediate area of the proposed
development are as follows:
NORTH: "R-S"—Single Household Residence on unincorporated land.
SOUTH: "R-3" —Vacant
EAST: "R-S"—Single Household Residence with a janitorial service as a home occupation
WEST: "R-S"—Single Household Residence on unincorporated land.
71
r :
Staff Findings:
The City of Bozeman Planning Office has reviewed the Planned Unit Development
application against Sections 18.52, 18.53 and 18.54 of the Zoning Ordinance, and offers the
following review comments. The findings outlined in this report include comments and
recommended conditions provided by the Development Review Committee (D.R.C.).
Baxter Square CUP/PUD Staff Report 6
Section 18.52 "Site Plan Review Criteria"
Site plan review criteria from section 18.52.030.F that are not discussed elsewhere follows:
A. CONFORMANCE WITHT THE CITY'S ADOPTED GROWTH POLICY.
• The property is designated Residential. The Residential land use designation denotes areas
where the primary activity is urban density living quarters.
• One of the implementing zoning districts in areas designated Residential is"R-3"Residential
Medium Density District. The intent of the R-3 district is to provide for the development of
one to five-household residential structures near service facilities within the city.
• Townhouse clusters up to five units per cluster is a permitted principal use in the "R-3"
district. Apartment buildings over four dwelling units require approval as a planned unit
development.
B. CONFORMANCE TO THIS TITLE,I NCLUDING T HE C ESSATION 0 F A NY
CURRENT VIOLATIONS.
• Certain code/policy requirements and recommended conditions will ensure compliance with
the code.Elements that do not meet code have been noted as conditions of approval and code
provisions.
C. CONFORMANCE WITH ALL OTHER APPLICABLE LAWS,ORDINANCES AND
REGULATIONS.
• The intent of Section 18.54"Planned Unit Development"is to promote maximum flexibility
and innovation in the development of land and the design of development projects within the
city. Per Section 18.54.030.A "a planned unit development may be applied to any
development having one or more principle uses or structures on a single parcel of real
property or contiguous parcels of real property",as long as the use is consistent with the
Bozeman Growth Policy.
• The site plan has been reviewed against Sections 18.50, 18.52, 18.53 and 18.54 and staff has
found the application in general compliance with the requirements set forth in the Zoning
Ordinance. Any areas not addressed in the applicant's proposal have been identified as code
provisions that shall be addressed on the Final Site Plan.
D. RELATIONSHIP OF SITE PLAN ELEMENTS TO CONDITIONS BOTH ON AND
OFF THE PROPERTY.
• The property is currently developed with a single household residence on the southwest
corner of the property. The proposal requests the addition of 101 townhouse units and two,
8-plex condominiums.
Baxter Square CUPIPUD Staff Report
• The adjacent properties to the north and northeast have not been incorporated into the city
limits. The area is primarily single household residences on parcels ranging from one acre to
ten acres in size.
Access to the property will be provided primarily from Baxter Lane,which is identified as a
minor arterial street. A local street will be constructed through the subdivision to Thomas
Drive/North 27th Avenue, a collector street, in order to provide secondary access.
• All lots are required to be platted outside the 50-foot watercourse setback. Landscaping
within the setback must follow the guidelines outlined in Section 18.50.060.D.2.g"Setback
Planting".
E. THE IMPACT OF THE PROPOSAL ON THE EXISTING AND ANTICIPATED
TRAFFIC AND PARKING CONDITIONS.
• According to the Traffic Impact Study each single household unit will generate
approximately 9.57 average weekday trip ends and the apartment buildings will generate
approximately 5.86 average weekday trip ends per unit. This equates to a total of 1,070
weekday trip ends.
• The traffic study estimates that the Baxter Meadows development at full buildout will create
as many as 23,000 new trips per day. The study concludes that the expected impacts of
Baxter Square, at full build out of both Baxter Square and Baxter Meadows, will only
account for 12% of the traffic on Baxter Lane.
• According to the Greater Bozeman Area Transportation Plan 2001 Update,Baxter Lane is
designated as a minor arterial that is expected to support 5,000 to 15,000 vehicles per day
and 27th Avenue is designated as a collector street, which will eventually be designed to
support 2,000 to 10,000 vehicles per day.
• Three parking spaces per two or three bedroom dwelling unit is required. Based on these
figures 218 off street parking spaces must be provided and 117 parking spaces must be
provided within the subdivision. The private streets have parking on one side of the road and
the pubic streets depict parking on both sides of the right of way.
• Parking for affordable housing units can be reduced to two spaces per unit,with half of the
spaces being provided off-street, based on a new provision in the zoning ordinance. This
may alleviate the need for a relaxation of the drive aisle if the applicant is able to eliminate
the extra row of parking depicted on the 8-plex site plan.
Baxter Square CUP/PIJD Staff Report 8
F. THE °CONS`ISTENCY OF THE PROPOSAL WITH RESPECT TO LAND USE
REQUIREMENTS.
• 6.6.1 Objective 6. Support infill development which respects the context of the existing
development which surrounds it. 6.6.2 Objective 3.Support and encourage compatible
infill development to avoid sprawl and unnecessary public expense. 4.9.1 Objective 6.
Develop infill within the existing are of the City rather than developing land requiring
expansion of the City's area.
The east tract, originally called the Syme-Darvis Annexation, was formally annexed at the
end of 2002. The west tract was preliminarily approved for annexation as the D.A.K.
Annexation in 2002 but the City Commission has not yet formally adopted the annexation
agreement.
The proposal for the construction of 117 new dwelling units on the combined parcels will
offer high-density urban infill development within the city limits. T he existing single
household residences located to the north and northeast of the subject property,outside of the
city limits, are mostly on one-acre tracts. The average density of the new subdivision is 11
units per net acre compared to the average one dwelling unit per acre of the neighboring
properties. The Bozeman Growth Policy recommends an average of 12 units per acre for
medium density zoning districts. The proposed development is higher in density than the
neighboring properties but consistent with the densities contemplated for Cattail Creek to the
north and future developments to the south. Ultimately,the development will be in harmony
with the expected densities for "R-3" zoned properties that encourage urban density infill
development.
The city limits and city infrastructure extend further west to Baxter Meadows. Additional
infrastructure will be required to be constructed in conjunction with the development
proposal.
G. PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS.
• Full access will be permitted from Baxter Lane and North 27th Avenue.
• The developers have obtained an easement to allow the construction of the local street across
the adjacent county parcels. Aside from the primary north/south street and the east/west
street to be constructed within a 60-foot right of way,the remaining streets will be designated
as private streets and constructed within a 32-foot public street easement.
• Boulevards will not be installed along the private streets.
• A pedestrian/bike trail will be constructed along the east side of Cattail Creek as required in
the Transportation Plan.
Baxter Square CUP/PUD Staff Report 9
H. BUIL,DING LOCATION AND HEIGHT.
Maximum Allowable Depicted
Building Height 38 feet 28 feet
Building Length 120 feet 65-120 feet
I. LANDSCAPING.
• The landscape plan meets the required Landscape Performance Standards.
• Additional landscaping is required in the form of zone plantings within the watercourse
setback and the apartment building parking lots must be landscaped to meet the mandatory
landscaping requirements.
J. LIGHTING.
• The streetlight indicated in the site plan submittal conforms to our zoning standards as long
as it is equipped with a cut off lens.
K. PROVISIONS FOR UTILITIES.
• One of the recommended conditions of approval associated with the subdivision would
require the subdivider to install an irrigation well for the watering of residential yards,parks
and open space areas. An irrigation well will eliminate the use of treated water for irrigation
purposes and is also a cost saving measure for the residents of the development.
• The 12" water main in Baxter Lane s hall b e e xtended t o t he w estern b oundary o f t he
subdivision to conform to the City's Water Master Plan. The developer further proposes to
extend the 8" sewer main located in the south end of Cattail Creek subdivision to the
subdivision along Thomas Drive/North 27th Avenue.
L. SITE SURFACE DRAINAGE.
• Storm water detention ponds are noted for the subdivision to the north of Lot 91,on the west
side of the park and along the west side of the trail.
• The ponds located within the park cannot be calculated towards meeting the dedicated
parkland requirements associated with the subdivision improvements.
M. OPEN SPACE.
• The Planned Unit Development review criteria require a minimum of 30%open space and
under the subdivision review a total of 3%2 acres of dedicated parkland is required.
to
Baxter Square CUP/PUD Staff Report
3 0% o pen s pace h as b een p rovided e xclusive o f t he y and setbacks and the parking lot
landscaping but inclusive of the watercourse setback. As discussed in the subdivision staff
report the parkland dedication has not been fulfilled. Approximately one acre of parkland
must still be accounted for but additional open space is not required.
• An open space maintenance plan must be submitted with the final site plan.
• The site plan indicates the installation of benches along the trail.
N. LOADING AND UNLOADING AREAS.
• Not applicable.
O. GRADING.
• The property will be graded with the subdivision infrastructure to provide adequate drainage
to storm water runoff ponds located on the north and west sides of the property.
P. SIGNAGE.
• A detail for the subdivision sign has been included with the site plan submittal materials.
One subdivision identification sign per entrance is permitted under Section 18.65. Each sign
cannot exceed sixteen square feet in area or five feet in height.
Q. SCREENING.
• Staff did not feel that adding screening between the existing and future development would
encourage integration of the two neighborhoods.
R. SETBACKS.
• The"R-3"(Residential Medium Density District)lots have a twenty-foot front and rear yard
setback and a five-foot side yard setback requirement. Corner lots with driveways within the
corner side yard have a twenty-foot corner side yard setback and a fifteen-foot corner side
yard setback if no driveway is present. The property has an additional fifty-foot stream
setback adjacent to Cattail Creek. The trail amenities are permitted within the setback as
depicted.
• The applicant has requested reductions in the setbacks for a few of the lots. Generally,when
reviewing a subdivision PUD we do not restrict the relaxations to just those lots encroaching
into the setbacks. Therefore,the relaxations have been advertised and if approved would be
permitted for all of the lots within the PUD. Planning Staff does not support the relaxation
of the corner side yard setback.
Baxter Square CUP/PUD Staff Report 11
S. eOVERLAY DISTRICT PROVISIONS.
Not applicable.
T. OTHER RELATED MATTERS,INCLUDING EXPRESSED PUBLIC OPINION.
• No public comment has been received.
Section 18.53 "Cib; Commission. Consideration and Findin ss
In approving a Conditional Use Permit application,the City Commission shall consider the
criteria set forth in Section 18.53.030 of the Zoning Ordinance and find as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use,and all yards,spaces,walls,and fences,parking,loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
The site is adequate in size to support the proposed uses. The applicant has requested a
reduction in yard setbacks but the reduction is not necessary for all of the townhouse clusters.
Sufficient parking is depicted on the site plan. The two affordable housing buildings will
qualify for a reduction in parking if they can meet the criteria outlined in Section 18.50.110
"Parking Requirements". Staff is concerned with the possible reduction of any of the front
yard or corner side yard setbacks in relation to the inadequate stall length that would be
provided if approved. If permitted as proposed the bumpers of vehicles will overhang the
sidewalk and interfere with pedestrian movements.
2. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
City staff including the fire department believes the streets will be adequate in width if
constructed to a minimum width of 28 feet from face of curb to face of curb. This will leave
adequate space for two lanes of traffic and space for parking on one side of the street. The
Fire Department requires a minimum of 20 feet in width for fire trucks and our local street
design allows for on street parking being as narrow as 7 feet. However, the Engineering
Department could not support less than 8 feet for on street parking due to the presence of a
curbwalk and the lack of a boulevard. The conditions of approval will require improvements
to Baxter Lane and Thomas Drive/North 27th Avenue to bring them up to the standards
outlined in the Transportation Plan.
3. That the proposed use will have no adverse effect upon the abutting property.
There is no question that the proposal is dissimilar to the existing character of the
neighborhood. However, the conditions of approval should ensure that the project has
minimal impact on adjacent properties.
Baxter Square CUP/PUD Staff 12
Report
4. That the proposed use shall be in conformance with the adopted Growth Policy.
The proposal is in conformance with the adopted Growth Policy as discussed in the
objectives outlined earlier in the staff report
5. That the conditional use has complied with all conditions stipulated in Chapter 18.50.
Section 18.50 establishes general development standards that are intended and designed to
assure compatibility of uses;to prevent urban blight,deterioration and decay;and to enhance
the peace, health, safety and general welfare of the residents living within the zoning
jurisdiction of the City of Bozeman. The proposal satisfies most of the requirements of
Section 18.50,"General Building and Development Standards"of the Zoning Ordinance,the
Code Provisions listed with the Conditions of Approval will need to be addressed prior to
Final Site Plan approval.
6. That any additional conditions stated in the approval are deemed necessary to protect
the public health,safety and general welfare. Such conditions may include,but are not
limited to: a)Regulation of use;b)Special yards,spaces and buffers; c)Special fences,
solid fences,and walls;d)Surfacing of parking areas; e)Requiring street,service road
or alley dedications and improvements or appropriate bonds;f)Regulation of points of
vehicular ingress and egress; g)Regulation of signs; h) Requiring maintenance of the
grounds; i) Regulation of noise, vibrations, odors; j) Regulation of hours for certain
activities;k)Time period within which the proposed use shall be developed;1)Duration
of use; m) Requiring the dedication of access rights; n) Other such conditions as will
make possible the development of the City in an orderly and efficient manner.
On July 8, 2003, the DRC voted 5 to 0 to forward a favorable recommendation based on
compliance with the conditions and code provisions outlined by Staff that identified any of
the potential concerns outlined in the Conditional Use Permit criteria. On July 8,2003 the
DRB met to discuss the development proposal. Without a quorum they were unable to
forward conditions of approval or a formal recommendation. The board did voice concerns
over the possible lack of sufficient parking and the density of the project. The City
Commission may conclude that there are other conditions necessary to protect the public
health, safety and general welfare.
Section 18.54 "Planned Unit Development Criteria"
In approving a Planned Unit Development,the City Commission is charged with finding that
criteria outlined in Section 18.54.100 are adequately addressed and may consider any conditions
deemed necessary to protect public health, safety and welfare. Planning staff has evaluated the
application against the applicable Planned Unit Development review criteria and offers the following
summary review comments below.
Baxter Square CUP/PUD Staff Report 13
All Development
1. Is the development compatible with,and sensitive to,the immediate environment of the
site and the adjacent neighborhoods relative to architectural design,building bulk and
height, neighborhood identity, landscaping, historical character, orientation of
buildings on the site and visual integrity?
The proposal is for mixed housing types at higher urban densities as expected in the"R-3"
zoning designation. Not only does the proposal meet the objectives of the zoning designation
it also meets the goals and objectives of the adopted Growth Policy by providing mixed
housing types (2-5 unit townhouse clusters and two apartment buildings) and affordable
housing units. The only buildings not consistent with the zoning are the 8-plex
condominiums,which the property owners are attempting to get certified as affordable units
through HRDC. The design of the townhouse buildings also helps provide more character
and break up the facade by incorporating different colors and materials for each unit to avoid
the doldrums of the typical multi-unit townhouse structure. The Commission may want to
consider moving the two apartment style buildings into the interior of the subdivision and
reducing the overall number of dwelling units adjacent to the existing single household
residences.
2. Does the development comply with all city design standards, requirements and
specifications for the following services:water supply,sanitary supply,fire protection,
flood hazard areas, telephone, cable television, trails/walks/bike ways, irrigation
companies, electricity, natural gas, storm drainage, streets?
The developers have requested concurrent construction of the buildings and the
infrastructure. The proposal will have to comply with the requirements outlined for
concurrent construction. Conditions of approval have been recommended to address the
infrastructure, irrigation, storm drainage and the trail corridor.
3. Does the project preserve or replace existing natural vegetation?
The application proposes to preserve the existing vegetation adjacent to the creek. Otherwise
the only existing mature vegetation is in association with the existing single household
residence.
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
Cattail Creek will not be altered and existing mature vegetation will be preserved within the
stream setback. Therefore, wildlife habitat will be maintained especially for birds, small
mammals and aquatic life.
Baxter Square CUP/PUD Staff Report 14
5. If the proposed project is located within a locally designated historical district or
includes a.locally designated landmark structure,is the project in conformance with the
city's Historic Preservation Ordinance?
Not applicable.
6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in
such a manner that the light source is obscured to prevent excessive glare on public
streets and walkways or into any residential area?
The proposed streetlight that will be installed at road intersections and trail/road intersections
complies with the zoning requirements as long as the lens is flush with the fixture. The
covenants will ensure general compliance with the zoning ordinance and the desire to
maintain a dark sky policy even in a residential subdivision.
7. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) arranged on the site so that activities are integrated with the
organizational scheme of the community and neighborhood?
The site plan has arranged the site plan elements in a manner that provides an integrated
development proposal to meet the needs of the neighborhood. The plan gives consideration
to producing an interesting streetscape and addressing the new requirements for a center in
the subdivision.
8. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized, and cohesive planned unit development?
The site plan has been designed with consideration given to the watercourse and functional
open space. The dedicated road running north to south jogs slightly to the west where it
aligns with one of the private streets. Although conceptually this seems odd it will serve to
slow traffic on the wider streets with the T-intersection at the park.
9. Is the design and arrangement of elements of the site plan (e.g.,buildings, circulation,
open space and landscaping, etc.) in harmony with the existing natural topography;
natural water bodies and watercourses; existing vegetation?
The site plan is in harmony with the natural elements of the property. Each lot will maintain
a 50-foot watercourse setback. Based on the Recreation&Parks Advisory comments for the
subdivision, the only two lots adjacent to the open space area associated with the stream
should be removed. Then the park could be expanded to meet the parkland minimums and
would avoid the drawbacks associated with homes being constructed directly adjacent to
open space amenities. There is also the possibility of the presence of wetlands on the
northwest comer of the property. Fish, Wildlife & Parks has indicated that the head of a
spring 1 ies w ithin t his area and that the vegetation associated with the spring provides
significant habitat for birds and wildlife. As a condition of approval the applicant is required
Baxter Square CUP/PUD Staff Report 15
to determine if the area is characterized by wetlands. If wetlands are present then the 50-foot
watercourse setback applies and all lots must be created outside of the setback.
10. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement: t ransportation n etworks, selection and
placement of landscape materials; and/or use of renewable energy sources, etc.)
contribute to the overall reduction of energy use by the project?
The continuing extension of the north/south trail identified in the transportation plan should
encourage walking and bike riding. Upon completion of the trail it will extend from the
Bozeman Ponds to as far north as the intersection of Hulbert Road and Fowler Lane.
11. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
The site plan has been arranged with all but two buildings to be across the street from the
park and open space areas. This should maximize the privacy of the residents. Although
elimination of the two lots adjacent to the open space area would be further beneficial and
allow the expansion of the park. Expansion of the parkland could be designed in a fashion
that would still maintain an adequate buffer between the existing residence and the public
park.
12. Open space.
Sufficient open space has been provided through the park amenities associated with the
subdivision and the extra buffer to the linear park.
13. Is the active recreational area suitably located and accessible to the residential units it
is intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses?
The trail runs from Baxter Lane to the intersection with the park that will provide an area for
walking and bike riding. The master plan for the park,if approved by the City Commission,
is to construct a small playground and a soccer field.
14. Is the pedestrian circulation system designed to assure that pedestrians can move safely
and easily both within the site and between properties and activities within the
neighborhood area?
Sidewalks will be constructed adjacent to all of the roads. The private streets will not be
constructed with boulevards but will provide 5-foot wide curbwalks. The block lengths do
not exceed the recommended lengths in the subdivision regulations so additional connections
in the middle of the blocks were not recommended with the subdivision improvements.
Baxter Square CUP/PUD Staff Report 16
15. Is the development being;properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an
isolated "pad" to adjoining development?
The street layout does take into consideration the existing and future circulation patterns.
The supplemental sheet provided by C&H Engineering identifies the major street network of
adjacent developments.
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not
limited to,paving patterns, grade differences, landscaping and lighting?
The applicant has discussed the option for a stop sign and pedestrian crosswalk adjacent to
the park. The Engineering Department will have to evaluate whether stop signs are required.
17. Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments?
As previously stated the trail system will eventually connect as far south as the Bozeman
Ponds and as far north as Hulbert Road.
18. Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas which contribute to their usage and visual appearance?
The landscape plan for the trail corridor and the park will enhance the appearance of the
neighborhood. However, the landscape plan for the streets only depicts street trees being
constructed within the boulevards. The private streets that lack boulevards note that the lot
owners will provide landscaping within the front yards to enhance the streetscape. Planning
Staff has suggested that street trees be installed within the front yards if boulevards are not
present.
19. Does the landscaping plan enhance the building(s)?
The covenants and design guidelines recorded for the PUD will require landscaped yards.
Additional landscaping will also be required for the apartment buildings in order to meet the
mandatory landscaping requirements.
20. If the development is adjacent to an existing or approved public park or public open
space area,have provisions been made in the site plan to avoid interfering with public
access to that area?
No parkland currently exists adjacent to the proposed development. The regional will be
located to the west in Baxter Meadows and Rose Park lies to the southeast on Oak Street.
Baxter Square CUP/PUD Staff Report 17
Residential
1. On a net acreage basis, is the average residential density in the project(calculated
for residential portion of the site only), consistent with the development densities set
forth in the land use guidelines of the Bozeman Growth Policy?
The adopted Growth Policy recommends an average of 12 units per acre for Medium
Density zoned properties. The proposal is for an average of 11 units per acre.
2. Does the project provide for private outdoor areas (e.g., private yards,patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light sun,ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
Adequate yard spaces will exist for the benefit of the residents. All of the units will
maintain a 20-foot rear yard setback. Only a few of the townhouses actually depict the
patio area encroaching more than the 5 feet permitted within the rear yard setback. In
addition, the condominiums have been designed in a horseshoe configuration in order to
provide a courtyard area for the residents to use for active recreation.
3. Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
The development will have a 2.2 acre park in the center of the subdivision, a linear park
and trail on the northwest portion of the property and individual outdoor spaces tied to
each privately owned yard.
4. If the project is proposing a residential density bonus, does it include a variety of
housing types and styles designed to address community wide issues of affordability
and diversity of housing stock?
The project does not request a density bonus but does provide a mixture of housing types
and affordable housing units.
5. Is the project within two thousand feet of an existing or approved neighborhood
service center, public school, day care center, major employment center, or public
neighborhood or community park?
The project is within two thousand feet of Gallatin Center, which is identified in the
adopted Growth Policy as a regional center. The property is within 2,500 feet of Bridger
Peaks Town Center and 2,700 feet of the regional park.
Baxter Square CUP/PUD Staff Report 18
6. Is the overall project designed to enhance the natural environment, conserve energy
and to>provide efficient public services and facilities?
The proposal will enhance the natural environment by maintaining the existing stream
corridor and providing outdoor amenities for the residents and the public. The bike trail
will help conserve energy by encouraging people to utilize the future trails and bike lanes.
7. If the project contains limited commercial developments as defined above, is the
project located at the intersection of arterial streets, or arterial and collector streets.
Not applicable. The project does not propose any commercial development.
8. If limited commercial development as defined above is proposed within the project,
is less than twenty percent of the gross area of the PUD designated to be used for
offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
Not applicable. The project does not propose any commercial development.
9. If neighborhood service activities are proposed within the project, is a market
analysis provided demonstrating that less than fifty percent of the market required
to support proposed neighborhood service activities is located outside the immediate
area of the PUD and are the neighborhood services of a nature that does not require
drive-in facilities or justification for through traffic?
Not applicable. The project does not propose any commercial development.
10. If the project contains limited commercial developments as defined above, is the
project located at the intersection of arterial streets, or arterial and collector streets.
Not applicable. The project does not propose any commercial development.
11. If the project contains limited commercial development as defined above, has the
project been sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood and have the commercial
activities been developed at a scale compatible with residential development?
Not applicable. The project does not propose any commercial development.
12. Does the overall PUD recognize and,to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
The existing neighborhood can be characterized primarily by ranch style single household
residences on at least one acre with some homes on lots as large as ten acres. The City of
Bozeman has very few examples of residential developments that would mimic the existing
densities especially on a property that was approved by the Commission for"R-3" zoning.
19
Bauer Square CUP/PUD Staff Report
Developments such as Sundance Springs on the south end of town do not necessarily
promote the objectives of the adopted Growth Policy which touts the need for mixed housing
types, affordable housing and smaller lots that discourage sprawl.
Con clusion/Recommendation:
The Bozeman Development Review Committee(D.R.C.)and Design Review Board(D.R.B.)
have reviewed the application for a Conditional Use Permit for a Planned Unit Development, and
recommend to the City Commission conditional approval of said application with conditions and
code provisions outlined at the beginning of the staff report.
The Planning Staff has identified various code provisions that are not currently met by this
application. Some or all of these items are listed in the findings of this staff report. The applicant
must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project prior to receiving Final Site Plan approval. The applicant is advised that umnet 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.
BECAUSE THIS APPLICATION IS FOR A CONDITIONAL USE PERMIT/PLANNED
UNIT DEVELOPEMENT, THE BOZEMAN CITY COMMISSION SHALL MAKE THE
FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN
SECTION 18.58 OF THE ZONING ORDINANCE.
Attachments:
Applicant's Submittal for a Planned Unit Development
Attachment A-Existing &Proposed Major Street Network
Attachment B-Design Review Board Staff Report
Attachment C-Design Review Board Minutes
Mailed To:
Buffalo Land Management, L.L.C., 12720 Camp Creek Road,Manhattan, MT 59741
Evert Wierda, 13707 Camp Creek Road, Manhattan,MT 59741
Baxter Square Partners, L.L.C., 317 Sanders Avenue,Bozeman, MT 59718
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
JIG &Associates, 284 Frontier Drive,Bozeman,MT 59718
Baxter Square CUP/PUD Staff Report 20
og Bozo CITY OF BOZEMAN
V 'Y�
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260
20 East Olive Street Fax: (406) 582-2263
tare c80.�'� Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net
Bozeman,Montana 59771-1240 World wide web: www.bozeman.net
MEMORANDUM
To: Development Review Committee
From: Jami Morris, Assistant Planner
Date: July 8, 2003 -Final Week Review
Subject: Baxter Square CUP/PUD #Z-03132, Baxter Lane
Staff has found the Conditional Use Permit application for the establishment of a unified development
plan for 101 townhouse units, two 8-plex apartment buildings and one existing single household
residence, with conditions and code provisions, aside from the requested relaxations, complies with the
requirements of the Bozeman Zoning Ordinance and should not be detrimental to the health, safety and
welfare of the community. The applicant has requested the following relaxations of the City of Bozeman
Zoning Ordinance:
a) Section 18.20.020 "Permitted Uses" to allow two 8-plex-apartment buildings in the "R-3"zoning
district.
b) b) Section 18.20.030 "Lot Area and Width" to allow the townhouse clusters to be constructed on
an average lot area less than 3,000 square feet.
c) Section 18.20.050 "Yards" to allow the townhouses to encroach up to one and a half feet into the
twenty-foot front yard setback.
d) Section 18.50.060.A "Permitted Encroachments Into Yards" to allow the townhouse patios to
encroach up to ten feet into the twenty-foot rear yard setback.
e) Section 18.50.060.0 "Special Yard Setbacks"to allow the townhouses to encroach up to two feet
into the fifteen-foot corner side yard setback.
f) Section 18.50.110.13 "Stall, Aisle and Driveway Design" to allow up to an eight foot reduction to
the standard drive aisle width of twenty-six feet for the 8-plex parking lots and to allow the
townhouse driveway stall length be reduced from twenty feet to eighteen feet.
g) Section 18.50.110.K "No Parking Permitted in Required Front or Side Yards" to allow the
parking lots for the 8-plexes to encroach up to seven feet into the front yard setback and
completely into the five foot side yard setback.
Planning Staff is unable to forward a favorable recommendation regarding the relaxation of the front
yard setback, corner side yard setback and the drive aisle width. Reductions of the setbacks will likely
lead to parked vehicles overhanging the sidewalk and the reduction of the drive aisle width has too much
potential for generating vehicular conflicts within the parking lot.
Standard Conditions of Approval:
1. The right to a conditional use permit shall be contingent upon the fulfillment of all general and
special conditions imposed by the Conditional Use Permit procedure.
planning • zoning • subdivision review • annexation • historic preservation • housing 0 grant administration • neighborhood coordination
2. All special conditions and code provisions shall constitute restrictions running with the land,
shall be binding upon the owner of the land, his successors or assigns, shall be consented to in
writing by the applicant prior to commencement of the use and shall be recorded as such with the
Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan
approval or commencement of the use.
3. All of the conditions and code provisions specifically stated under any conditional use listed in
this title shall apply and be adhered to by the owner of the land, successor or assigns.
4. The applicant must submit seven (7) copies a Final Site Plan within 6 months of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
5. A Building Permit must be obtained prior to the work, and must be obtained within one year of
Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation, but
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
6. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half tunes the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than twelve (12)months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
Code Provisions:
7. Per Section 18.49.040.C.3 "Preparation of a Landscape Plan", landscape plans shall be prepared
and certified by a registered Montana Landscape Architect, an individual with a degree in
landscape design and two years of professional design experience, or an individual with a degree
in a related field and at least five years of professional design experience. The final landscape
plan shall indicate both existing vegetation to be preserved and proposed vegetation.
8. The 8-plex parking lots shall conform to Section 18.49.060.0 "Parking Lot Landscaping," which
states that internal parking lot landscaping provided shall be proportionately dispersed so as to
define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with
landscaped areas provided in an appropriate scale to the size of the parking lot. The minimum
width and/or length of any parking lot landscaped area shall be eight feet.
9. All lighting shall be arranged so as to deflect light down and/or away from any adjoining
properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses
shall not protrude below the edge of the light fixture per Section 18.50.035.A.
Page 2
10. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g "Setback Planting".
II. Per Section 18.50.110.B.13 "Pedestrian Facilities in Parking Lots," concrete sidewalks a
minimum of three feet in width shall be provided between any existing or proposed building and
adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of
sidewalk width is required.
12. Per Section 18.50.110.F.3 "Disabled Accessible Parking Spaces", parking spaces and access
aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be
located at a distance no greater than five feet from the front of each accessible space and shall
state "Permit Required $100 Fine". One of the disabled accessible spaces shall also be signed
"Van Accessible".
13. Section 18.50.110.F.l.b.i "Affordable Housing", when calculating the amount of required
parking for.affordable housing, as defined in Chapter 18.04, if the project is guaranteed for use as
affordable housing for a minimum period of 30 years and the use as affordable housing is subject
to long term monitoring to ensure compliance and continued use as affordable housing, all
parking shall be calculated as if on-street parking were available for each affordable dwelling
unit provided, and shall not exceed that required for a 2 bedroom dwelling.
14. Section 18.54.060.C.4.d "Open Space Maintenance Plan," requires that the developer submit a
legal instrument setting forth a plan providing for the permanent care and maintenance of open
spaces, recreational areas, communally owned facilities, and parking lots. Once the document
has been approved by the city, the property owner shall file the document with the County Clerk
and Recorder's Office. A copy of the recording receipt and the signed and notarized document
shall be provided with the final site plan submittal.
15. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of
contents that identifies each chapter and page numbers, with the final site plan as described in
Section 18.54.080.D.2 "Developmental Guidelines Submittal Requirements". The City of
Bozeman shall be third party to any changes or modifications made to the restrictive Covenants
and Architectural Guidelines as they relate to any zoning and/or planning bylaws.
16. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the
construction and installation of any signage on-site in accordance with Section 18.65 of the City
of Bozeman Zoning Ordinance.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project prior to receiving Final Site Plan approval. 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.
Page 3
ZoninL, PUD
Recommended Condition#20:
Adequate snow storage area must be designated on the final site plan identifying areas to
store snow off of the sheets and sidewalks and outside the street vision triangles.
Subdivision PUD
Recommended Condition# 44
The covenants shall include a section precluding snow storage on the streets and
sidewalks. A copy of an approved snow storage plan shall also be included in the
recorded covenants.
wog so CITY CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
` Street address: Alfred M. Stiff Professional Building
20 East Olive Street Phone: (406)582-2260
Mailing address: P.O.Box 1230 Fax: (406)582-2263
CO' Bozeman,Montana 59771-1230 E-mail: planning@bozeman.net
Worldwide web: www.bozeman.net
NOTICE OF A PUBLIC HEARING FOR A
MAJOR SUBDIVISION PLANNED UNIT DEVELOPMENT AND A
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN of a public hearing before the BOZEMAN CITY COMMISSION on
Monday, August 11, 2003, to consider both the Conditional Use Permit for a Zoning Planned Unit
Development application and the Major Subdivision Planned Unit Development Preliminary Plat application for
Baxter Square Planned Unit Development to be held at 7:00 p.m., in the Commission Meeting Room, City
Hall, 411 East Main Street, Bozeman, Montana tn
The applications would allow the property owners Evert Wierda, 13707 Camp Creek Road,
Manhattan, MT 59741, Buffalo Land Management, L.L.C., 12720 Camp Creels Road, Manhattan, MT
59741 and Baxter Square Partners, L.L.C.,317 Sanders Avenue,Bozeman, MT 59718 represented by C&H
Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718 and JJKG & Associates, 284
Frontier Drive, Bozeman, MT 59718, to subdivide18 acres into 101 townhouse lots, two 8-plex lots and
one single household residential lot and to establish a unified development plan with requested relaxations
from the City of Bozeman Subdivision Regulations and the City of Bozeman Zoning Ordinance. The property
owners are also requesting concurrent construction of buildings and the subdivision infrastructure as outlined
for Planned Unit Developments in Section 16.22.030 "Completion of Improvements" of the City of Bozeman
Subdivision Regulations and Section 18.50.030.1) "Water and Sanitary Sewer System Requirements" in the City
of Bozeman Zoning Ordinance. The subject property is legally described as the E'/Z W%2 SEV4 SW'/4, Section
35, T1S, R5E, Gallatin County, Montana, and generally located on the north side of Baxter Lane west of the
Thomas Drive and Baxter Lane intersection. The property is preliminarily approved for "R-3" (Residential
Medium Density District) zoning.
The Subdivision Planned Unit Development application further requests a relaxation of the City of
Bozeman Subdivision Regulations Section 16.16.080 "Paving Requirements" to allow construction of the
private streets to less than the adopted city standards for the driving/parking lane and sidewalk widths and for a
sidewalk system to be constructed without a boulevard.
The Conditional Use Permit for a Zoning Planned Unit Development requests the following relaxations
from the City of Bozeman Zoning Ordinance: a) Section 18.20.020 "Permitted Uses" to allow two 8-plex
apartment buildings in the "R-3" zoning district; b) Section 18.20.030 "Lot Area and Width" to allow the
townhouse clusters to be constructed on an average lot area less than 3,000 square feet; c) Section 18.20.050
"Yards" to allow the townhouses to encroach up to one and a half feet into the twenty foot front yard setback;
d) Section 18.50.060.A "Permitted Encroachments Into Yards" to allow the townhouse patios to encroach up
to ten feet into the twenty foot rear yard setback; e) Section 18.50.060.0 "Special Yard Setbacks" to allow the
townhouses to encroach up to two feet into the fifteen foot corner side yard setback; f) 18.50.110.13 "Stall, Aisle
and Driveway Design" to allow up to an eight foot reduction to the standard drive aisle width of twenty-six
feet for the 8-plex parking lots and to allow the townhouse driveway stall length be reduced from twenty feet to
eighteen feet; and g) Section 18.50.110.K "No Parking Permitted in Required Front or Side Yards" to
allow the parking lots for the 8-plexes to encroach up to seven feet into the front yard setback and completely
into the five foot side yard setback.
Public testimony will be taken at the public hearing. Written comments may be submitted to the City of
Bozeman Department of Planning and Community Development, P.O. Box 1230, Bozeman, MT 59771-1230.
Data pertaining to the application may be reviewed in the City of Bozeman Department of Plaiuiing and
Community Development, 20 East Olive Street, 582-2260. For those who require accommodations for
disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD).
9Z-03132 Baxter Square Zoning Preliminary Plan PUD
4P-03020 Baxter Square MaSub Preliminary Plat PUD
SUBMITTED 07/10/03 FOR SUNDAY, 07/13/03 DISPLAY AD PUBLICATION. PLEASE PRINT
WITH NORTH ARROW UP, BOLD WHERE INDICATED, AND SEND AFFIDAVIT TO CITY
PLANNING OFFICE.
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