HomeMy WebLinkAbout17232 Staff Report17232 Design Review Board Staff Report for the Bridger Vale Planned Unit
Development (PUD) Preliminary Plan
Date: Design Review Board, February 13, 2019, at 5:30 pm.
Project Description: A Preliminary Planned Unit Development (PUD) application to allow
a mixed residential and commercial development with relaxations to zoning
regulations requested for park frontage, street design and a request for concurrent
construction. The application includes a concurrent subdivision of one parcel into
twenty single household townhouse lots, one commercial lot, one common open
space lot, one City Park lot with an associated street and alley. The site is located on
6.48 acres zoned REMU and PLI.
Project Location: 806 Manley Road. The parcels are legally described Remaining Tract
GLR-1 of COS 221, located in the Southwest ¼ of S 31, T01 S, R06 E, P.M.M.,
Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions
Motion: “Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in the
staff report for application 17232 and move to recommend approval of the
Bridger Vale Planned Unit Development application subject to conditions and all
applicable code provisions.”
Report Date: February 6, 2019
Staff Contact: Brian Krueger, Development Review Manager
Executive Summary
The property owner and applicant made application to develop the vacant property
directly north and adjacent to the East Gallatin Recreation Area (EGRA), accessed from
Manley Road. The development proposes a townhouse development with a future
commercial building lot. The proposal include four townhouse clusters including four
dwelling units each and one two unit townhouse. The application includes a concurrent
subdivision of one parcel into twenty single household townhouse lots, one
commercial lot, one common open space lot, one City Park lot with an associated street
and alley.
The subject property is recently annexed to the City and is zoned Residential Emphasis
Mixed Use District and Public Lands and Institutions.
Five relaxations to the Bozeman Municipal Code (BMC) zoning regulations are
proposed with the application:
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1. BMC 38.320.040 Table of Form and Intensity Standards. The application
requests for a modification to REMU required setbacks to allow townhouse
clusters to exceed the maximum front setback of 15 feet.
2. BMC 38.420.060.A. The application request .permission to not provide the
minimum park street frontage required. The application proposes no street
frontage for the city park lot. Third,
3. BMC 38.420.060.A.2.b or c. The application proposes to not meet the
requirements to mitigate for reduced park street frontage.
4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is
requested to be constructed as a non-standard street section and not as
required by the code for a local street.
5. BMC 38.550.070 Landscaping of public lands. The application requests to not
irrigate parkland, open space or other public lands landscaping with a well. The
property’s groundwater is impacted by VOC’s and the environmental
consultants recommend against using ground water for irrigation.
The criteria for granting a PUD are found BMC 38.20.090.E.
A PUD is a discretionary approval and the review authority must find that the overall
development is superior to that offered by the basic existing zoning standards as required
in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and
innovation in development proposals within the City. The applicants can request
relaxations from the code in exchange for a higher quality of design. The obligation to show
a superior outcome is the responsibility of the applicant. The applicant asserts that the
overall outcome of the proposal is superior to what would be obtained from the application
of the default REMU district.
The Development Review Committee (DRC) has reviewed the application. Based on its
evaluation of the application against the criteria, the Development Review Committee
(DRC) found the application insufficient for continued review and detailed additional
documentation necessary for review prior to a public hearing. The application is
complete for design review purposes.
The Design Review Board (DRB) is scheduled to review the application on February 13,
2019. The Design Review Board is the design review advisory body to the City
Commission on this application. The DRB is required to make a recommendation to the
City Commission on this application.
Unresolved Issues
There are no unresolved issues with the application. Code corrections have been
provided by the DRC.
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Alternatives
1. Recommend Approval of the application with the recommended conditions and report
findings;
2. Recommend Approval of the application with modifications to the recommended
conditions and modifications to the report findings;
3. Recommend Denial the application based on the Design Review Board’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the review on the application with the concurrence of the applicant,
with specific direction to staff or the applicant to supply additional information or to
address specific items.
TABLE OF CONTENTS
Executive Summary ............................................................................................................. 1
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................. 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 10
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 22
APPENDIX B – PROJECT BACKGROUND ....................................................................... 23
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 23
APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT ........................................... 24
ATTACHMENTS ................................................................................................................... 25
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SECTION 1 - MAP SERIES
Zoning Classification
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Growth policy designation
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Current Land Use
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SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES
1. BMC 38.320.040 Table of Form and Intensity Standards REMU to allow Townhouse
clusters to exceed the maximum front setback of 15 feet.
2. BMC 38.420.060.A to not provide the minimum park street frontage. The application
proposes no street frontage for the city park lot.
3. BMC 38.420.060.A.2.b or c the application proposes to not meet the requirements to
mitigate for reduced park street frontage.
4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is
requested to be constructed as a non-standard street section.
5. BMC 38.550.070 Landscaping of public lands. The application requests to not
irrigate parkland, open space or other public lands landscaping with a well. The
property’s groundwater is impacted by VOC’s and the environmental consultants
recommend against using ground water for irrigation.
The relaxations may be granted with a Planned Unit Development (PUD). The criteria for
granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the
criteria and finds that they are met for all five relaxations with the adoption of the staff
analysis and findings below for justification.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
SECTION 4 – REQUIRED CODE PROVISIONS
1. All required code corrections are provided through the DRC review.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.230.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
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In considering applications for plan approval under this title, the advisory boards and
City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
Yes. The property has a future land use designation of the Parks, Open Space, and
Recreational Lands and is zoned REMU, Residential Emphasis Mixed Use and PLI, Public
Lands and Institutions. Table C-16 of the Bozeman Community Plan shows both REMU
and PLI zoning as implementing districts of the Parks, Open Space, and Recreational
Lands. Although not in obvious accordance with the growth policy map, the property is
in accordance with the overall intent of the growth policy. The site is privately owned,
and thus its current designation does not create any public right of use to the property.
The applicant proposes to set aside a large portion of the property as park land and
open space under PLI zoning and to substantially enhance the EGRA access drive by
construction a street with on street parking, lighting, a landscaped median and
pedestrian sidewalks.
The proposed residential units are townhomes and will provide additional residential
use adjacent to a City Park and an existing R-1 residential neighborhood. The project is
in conformance to and consistent with the City’s adopted growth policy, the Bozeman
Community Plan, including the following goals and objectives:
Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
The EGRA and Sunfish Park, a Turtle Way residential subdivision, and the adjacent
Gallatin Park Industrial Subdivision has a distinct sense of place, this project
contributes to an existing and expanding mixed use area and allows people to live in
close proximity to work, public and private basic services and minimizes sprawl.
Objective LU-1.4 Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the
existing development which surrounds it. Respect for context does not
automatically prohibit difference in scale or design.
This project provides additional density of use while respecting the context of the EGRA
and the Sunfish Park residential area.
Objective LU-2.3: Encourage redevelopment and intensification, especially with
mixed uses, of brownfields and underutilized property within the City consistent
with the City’s adopted standards.
This project includes mixed uses and is proposed on underutilized property adjacent to
a significant public recreational amenity, the EGRA.
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Objective E-4.2: Promulgate efficient land use practices.
This project promulgates efficient land use practices and provides a high net residential
density, while adding a significant amount of area to an existing park that can be used
by the entire community.
Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in
type, density, cost, and location with an emphasis on maintaining neighborhood
character and stability.
This project provides additional quality housing at a medium density in an area that
only includes a small residential low density subdivision light industrial uses. This
project will add to the neighborhood character and the stability of this area. Residential
uses provide additional eyes on the street and have a twenty four hour presence that
will make the park access safer and enhance the overall neighborhood.
For more information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
Yes. The project, if approved, will conform to the Bozeman Municipal Code other than
the requested relaxations. There are no known documented violations of the BMC for
this property.
3. Conformance with all other applicable laws, ordinances, and regulations
Yes. The proposed uses of the site are consistent with the allowed uses of the REMU
district. No specific conflicts have been identified. Additional steps will be required
including but not limited to final payment for cash in lieu of water rights, finalization of
the preliminary and final plat, dedication of the streets and parkland, dedication of the
utility easements, construction of infrastructure, PUD final plan documents and
approval and building permits. The Building Division of the Department of Community
Development will review the requirements of the International Building Code for
compliance at the time of building permit application. Condition of approval 1 requires
full compliance with all applicable code requirements. To the east of the site, there is a
former landfill that is a low-level Montana Comprehensive Cleanup and Responsibility
Act (CECRA) site and is no longer in operation. Cleanup of the site is managed by the
Montana DEQ. In a recent study conducted in 2015, Volatile Organic Compounds (VOCs)
that are not naturally occurring were detected in groundwater and soil vapor along the
southern and eastern margins of the property at low levels with one indication of vinyl-
chloride which exceeded the human health standard. A Term of Annexation (#11) has
been required to protect future residents from potential exposure to the identified
VOCs, which states: “All lots shall construct a sub-slab vapor mitigation system to
eliminate any environmental concerns.” This is condition of approval recommended by
the Development Review Committee for the PUD and preliminary plat. Slab foundations
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are proposed on the residential lots which will prevent potential groundwater damage
that might otherwise occur on structures with a full basement.
4. Conformance with special review criteria for applicable permit type as
specified in article 2
Yes. This CUP and PUD criteria are reviewed below. The project meets the requirements
and criteria as presented.
5. Conformance with the zoning provisions of article 3, including permitted uses,
form and intensity standards and requirements, applicable supplemental use
criteria, and wireless facilities and/or affordable housing provisions if applicable
Yes. The townhouse use is permitted in the REMU district. Form and intensity standards
are met with the proposal other than the proposed relaxation for the front setback for
the townhomes with exceeds the maximum of 15 feet. Lot sizes, lot coverage, setbacks,
and building heights comply with standards. Cash in lieu of affordable housing is
proposed in compliance with standards and will be paid at the time of the issuance of a
certificate of occupancy for each lot.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions,
and park and recreational requirements
Yes. The proposed street and alley meet standards with the proposed relaxations. The
Manley Road frontage is required to be improved with this project. A special
improvement district is in process for the street, stormwater and pedestrian and
lighting improvements to Manley Road from Griffin Drive north to the city limits north
of this project site. The intersection of Manley Road and Griffin Drive operates under a
level of service allowed by the code. The applicant requests a waiver to the requirement
to upgrade the intersection as allowed by the code. The Director of Public Works will
issue a waiver as the waiver criteria have been met. The improvement to Griffin Drive
and the intersection are in the approved City Capital Improvement Plan for year 2020
for the intersection and 2021 for the street improvement to Griffin Drive between N. 7th
Avenue and Rouse Avenue. The proposed parking exceeds parking requirements with
four parking spaces proposed for each three bedroom unit. Pedestrian access is
provided from the street directly to the main entrance of every townhome. The lots and
block meet standards, water and sewer is provided to each lot and proposed within the
city owned rights of way. Site surface drainage meets standards for the streets and the
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commercial lot and townhome lot development. Cash in lieu of water rights is proposed
and will be paid with the final plan.
The proposed parkland meets standards if the relaxations are granted to both frontage
requirements provisions. The parkland area added to the EGRA will be maintained by
the property owners’ association of the Bridger Vale subdivision.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the site and
adjacent neighborhoods and other approved development; design and
arrangement of the elements of the plan; landscaping; open space; lighting,
signage;
The development is compatible with and sensitive to the immediate environment of the
site and the adjacent neighborhoods and other approved development relative to,
building mass and height, landscaping, orientation of parking and building placement
on the site. The buildings comply with permanence in building materials, building
quality, architectural integration, neighborhood identity, and orientation of parking and
service areas. The landscaping meets standards with corrections.
The design of the site plan is in harmony with the existing natural topography and
water bodies and existing vegetation. The Glen Lake outflow ditch and associated
wetlands will be minimally disturbed by this development and will be protected in the
open space.
The town homes meet the requirements of BMC 38.360.240, the special standards for
townhouse and rowhouse dwellings. Each unit meets access standards, usable open
space, and building design.
Building mounted lighting is proposed for the townhomes and meets code standards.
No signage is proposed at this time.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and if the
development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with
public access to and use of that area
Yes. A bioswale is proposed in the median of Bridger Drive to treat stormwater from the
development. This is in compliance with REMU zoning and best practices for Low
Impact Development. A stormwater pond is proposed in the open space south of
Bridger Vale drive and is integrated into the landscape design and is landscaped
according to code requirements. A buffer is proposed from the wetlands associated
with the outfall of Glenn Lake to protect their function. The stormwater system meets
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code standards. The development is adjacent to a public park and provisions have been
made in this development to allow public access to the development’s city park addition
and to the open space south of Bridger Vale Drive. On street parking is provided
adjacent to the open space and allows access to the EGRA.
9. Conformance with the natural resource protection provisions of article 4 and
article 6
Yes. The proposed buffer to the Glen Lake outflow and associated wetlands exceeds
code standards.
10. Other related matters, including relevant comment from affected parties
No public comment has been received to date. Public comment will commence once the
project can be scheduled for a public hearing.
11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title, whether the
lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause one or
more elements of the development to become nonconforming
12. Phasing of development
Not applicable. The project is proposed to be constructed in one phase. A subdivision is
being reviewed concurrent with the PUD.
Conditional Use Permit Review Criteria, Section 38.230.110, BMC.
E. In addition to the review criteria of section 38.230.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading
and landscaping are adequate to properly relate such use with the land and uses
in the vicinity;
The site is adequate. The proposed buildings and parks and open space enhance the
neighborhood including the EGRA. Landscaped areas are coordinated with adjacent
property and within the proposed development. The design of Bridger Vale Drive and
the pedestrian circulation system is a strong element of the design. All townhomes are
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accessed via alley providing and uninterrupted streetscape for pedestrians and on
street parking.
2. That the proposed use will have no material adverse effect upon the
abutting property. Persons objecting to the recommendations of review bodies
carry the burden of proof;
No adverse impacts to abutting properties have been identified. Bridger Drive with
wider paved lanes will improve safety for cyclists, and the new sidewalks will
encourage non-motorized access to the site which promotes public health and safety.
General welfare will be promoted through new residential townhomes which will
provide a variety of housing options for area residents. Provision of additional park
land adjacent to the EGRA also promote general welfare by providing an expansion of
recreational opportunities. The residential development serviced by the existing
municipal sanitary sewer and water systems promotes public health by protecting
groundwater from degradation associated with on-site septic systems and domestic
wells. Stormwater will be managed in bio swales and retention facilities to filter out
sediment and treat runoff.
3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may
include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
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n. Other such conditions as will make possible the development of the city in
an orderly and efficient manner.
The terms of annexation, requirements of DRC review and the proposed covenants and
design guidelines associated with the project will address these areas.
F. In addition to all other conditions, the following general requirements apply
to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use
permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building
permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final PUD plan
process and will be required prior to approval of the final plat.
Planned Unit Development Review Criteria, Section 38.430.090.E, BMC.
The application presents the applicant’s response to these criteria.
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development
shall be reviewed against, and comply with, the applicable objectives and criteria
of the mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Yes, except for those standards proposed for relaxation the application conforms and in
some areas exceeds standards.
(2) Does the project preserve or replace existing natural vegetation?
Yes. The site has been substantially disturbed by grazing and does not include
significant natural vegetation. The ditch water outlet from Glenn Lake is located on the
property. The ditch and associated wetlands are protected and will remain. There will
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be substantial placement of new vegetation within the open spaces and park areas. The
plan includes overall landscaping proposed for the townhome development, Bridger
Vale Drive and the park and open space areas.
(3) 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?
Yes. The proposal is cohesive and has a variety of coordinating elements ranging from
efficient circulation, presentations of building fronts to the streets, lot access from the
rear of the lots from the alley away from the street, open space, parkland and multiple
landscape configurations.
(4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; 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?
Yes. The project has lot layouts which are favorable to installation of solar systems.
Such systems are not proposed at this time. The site will be integrated into the existing
and developing pedestrian and bicycle network which will enable travel without motor
vehicles with the improvements of Manley Road and Griffin Drive. The residents will be
able to access the EGRA park amenities easily and without vehicular travel. The project
is connected to the City’s trail systems allowing access to the mountains to main street
trail system.
(5) 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?
Yes. A relaxation is proposed to allow the option for the project to exceed the maximum
front setbacks for the townhomes from Bridger Vale Drive. Landscaping is provided
along the streetscape and within the townhome development that will provide
additional privacy. All vehicular access to the townhomes is via an alley that will
generally only be used by the residents, city services and their private service
providers.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of
park land or open space been provided for each proposed dwelling as required by section
38.420.020?
Yes. Parkland is provided per code requirements other than the frontage relaxations.
Open space is provided for each rowhouse in compliance with standards.
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(7) Performance. All PUDs shall earn at least 20 performance points.
Yes. With a PUD, Section 38.430.090.E.2.a.7 requires at least 20 performance points for
the subject property. There are 11 options provided in the UDC to meet this
requirement. Points can be met using any combination of on-site and off-site open
space or other options listed in the code. The Preliminary PUD must specify how the
performance points are being met.
Open space provisions for phased PUD developments: If a project is to be built in
phases, each phase shall include an appropriate share of the proposed recreational,
open space, affordable housing and other site and building amenities of the entire
development used to meet the requirements of section 38.20.090.E.2. The appropriate
share of the amenities for each phase shall be determined for each specific project at
the time of preliminary approval and shall not be based solely upon a proportional or
equal share for the entire site.
The PUD is proposing to satisfy the performance requirements with credits for
additional open space and low impact development plan. The tabulation is under the
common open space section of the application narrative under item 14.E. The
application satisfies the requirement with 41.25 performance points for the publically
accessible open space and six points for the low impact development plan and bioswale
in Bridger Vale Drive. The development exceeds standards.
(8) 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 property is well integrated into the existing development by connecting and adding
to the publically accessible park area at the EGRA, improving significantly the drive
access to the EGRA by constructing a new local street that exceeds design standards.
The new open space area provides a buffer to Sunfish Park, theTurtle Way residential
subdivision.
c. Mixed Use. Planned unit developments in mixed-use areas (REMU, UMU,
and NEHMU zoning districts) may include commercial, light industrial, residential
and mixes of various primary and accessory uses. The particular types or
combination of uses are determined based upon its merits, benefits, potential
impact upon adjacent land uses and the intensity of development.
(1) Is the project substantially consistent with the intent and purpose statements for the
underlying zoning district?
Yes. This neighborhood is substantially dominated by housing. A diversity of residential
housing types should be built on the majority of any area within this category. Housing
is provided in attached dwellings for single households. Variation in building massing,
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height, and other design characteristics should contribute to a complete and interesting
streetscape. Secondary supporting uses, such as retail, offices, and civic uses, are
permitted at the ground floor and are available uses on the commercial lot. All proposed
uses complement existing and planned residential uses in the area. Non-residential uses
are expected to be pedestrian oriented and emphasize the human scale with
modulation as needed in larger structures. The small commercial lot will require a site
plan review wherein the block frontage standards will apply. Stand alone, large, non-
residential uses are not proposed. Multi-household higher density urban development
is expected in REMU and provided by this development. Any development within REMU
should have a well integrated transportation and open space network which
encourages pedestrian activity and provides ready access within and to adjacent
development. Bridger Vale is integrated into the transportation and open space
network via EGRA and Manley Road.
(2) Is the project located adjacent or within proximity to an arterial or collector street
that provides adequate access to the site?
Yes. The project is accessed via Manley Road a collector street. Adequate and controlled
access is provided.
(3) Is the project on at least two acres of land?
Yes, the site is 6.48 acres of land.
(4) Do the uses relate to each other in terms of location within the PUD, pedestrian and
vehicular circulation, architectural design, utilization of common open space and
facilities, streetscape, etc.?
Yes, the overall site layout and design guidelines provide a comprehensive design that
coordinates pedestrian and vehicular circulation, architectural design and the
utilization of parkland, open space and facilities.
(5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for
the underlying district?
Yes. The proposed total FAR of the townhome development is 11.4 dwelling units to the
acre.
(6) Is it compatible with and does it reflect the unique character of the surrounding area?
Yes. This development will contribute to the mixed character in this area with Sunfish
Park residential development, the EGRA and the eclectic uses located within Gallatin
Park industrial subdivision.
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(7) Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas which contain more than ten spaces?
Yes. All parking spaces are accesses via the alley.
(8) Does the project encourage infill, or does the project otherwise demonstrate
compliance with the land use guidelines of the city growth policy?
Yes. This project is an infill project on an underutilized site.
(9) Does the project provide for outdoor recreational areas (such as urban plazas,
courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of
those living in, working in or visiting the development?
Yes. City parkland and publicly accessible open space are proposed.
(10) Does the project provide for private outdoor areas (e.g., private setbacks, patios
and/or 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?
Yes. Outdoor balconies are proposed for the individual townhome units, ground floor
patios are provided at the front entrance into each unit.
(11) Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
Yes. City parkland and publicly accessible open space are proposed.
(12) Is the overall project designed to enhance the natural environment, conserve energy
and provide efficient public services and facilities?
Yes. Enhancements to this underutilized site and connection to city services will allow a
medium density residential development in close proximity to recreation and
employment opportunities.
(13) If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and urban styles designed to address community-wide
issues of affordability and diversity of housing stock?
Not applicable. No density bonus is proposed.
(14) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district or building type
within which the project is located and which is set forth in division 38.310 of this chapter,
does the proposed project exceed the established regulatory design standards (such as for
setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent
neighborhood development? The number of dwelling units obtained by the density bonus
17412 DRB Staff Report for the Costco Addition Planned Unit Development (PUD) Page 22 of 25
is determined by dividing the lot area required for the dwelling unit type by one plus the
percentage of density bonus sought. The minimum lot area per dwelling obtained by this
calculation must be provided within the project. Those dwellings subject to division 38.380
must be excluded from the base density upon which the density bonus is calculated.
Not applicable. No density bonus is proposed.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis
Mixed Use and PLI, Public Lands and Institutions.
The intent of the REMU District is to promote neighborhoods with supporting services that
are substantially dominated by housing. A diversity of residential housing types should be
built on the majority of any area within this category. Housing choice for a variety of
households is desired and can include attached and small detached single-household
dwellings, apartments, and live-work units. Residences should be included on the upper
floors of buildings with ground floor commercial uses. Variation in building massing, height,
and other design characteristics should contribute to a complete and interesting streetscape
and may be larger than in the Residential category. Secondary supporting uses, such as retail,
offices, and civic uses, are permitted at the ground floor. All uses should complement existing
and planned residential uses. Non-residential uses are expected to be pedestrian oriented
and emphasize the human scale with modulation as needed in larger structures. Stand alone,
large, non-residential uses are discouraged. Non-residential spaces should provide an
interesting pedestrian experience with quality urban design for buildings, sites, and open
spaces. This category is implemented at different scales. The details of implementing
standards will vary with the scale. The category is appropriate near commercial centers and
larger areas should have access on collector and arterial streets. Multi-household higher
density urban development is expected. Any development within this category should have
a well integrated transportation and open space network which encourages pedestrian
activity and provides ready access within and to adjacent development.
The intent of the PLI district is to provide for major public and quasi-public uses outside of
other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit
within another district, however larger areas will be designated PLI.
Adopted Growth Policy Designation: The property is designated as “Parks, Open Space and
Recreational Lands” in the Bozeman Community Plan. Parks, Open Space, and Recreational
Lands. All publicly owned recreational lands, including parks, are included within this
category, as well as certain private lands. These areas are generally open in character and
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may or may not be developed for active recreational purposes. This category includes
conservation easements which may not be open for public use
The properties located directly north, south, and east are designated as “Community
Commercial Mixed Use”, and “Regional Commercial and Services”. The vacant land to the
west is designated as “Residential.”
APPENDIX B – PROJECT BACKGROUND
The applicant, Bridger Vale, LLC., annexed the 6.49 acres into the City limits and establish
initial zoning of REMU, Residential Emphasis Mixed Use on 4.67 acres of the property and
PLI, Public, Open Space and Recreational Lands on the remaining 1.83 acres. The zoning
was effective on February 7, 2019.
The applicant previously proposed an application for a Growth Policy Map Amendment for
the same property to change the future land use from Parks, Recreation and Open Space to
Residential for the entire tract. The City Commission denied the request following a public
hearing on May 11, 2015.
The site is currently vacant and being used for cattle grazing with the primary access
road for the East Gallatin Recreation Area (EGRA) running through the property. Gallatin
Park industrial subdivision is located across Manley Road from the subject property and
contains office, service, warehousing, accessory apartments, commercial retail services and
other mixed industrial uses. Sunfish Park Minor Subdivision is located to the south and is a
5-lot residential subdivision located on Turtle Way.
To the east of the site, there is a former landfill that is a low-level Montana Comprehensive
Cleanup and Responsibility Act (CECRA) site and is no longer in operation. Cleanup of the
site is managed by the Montana DEQ. In a recent study conducted in 2015, Volatile Organic
Compounds (VOCs) that are not naturally occurring were detected in groundwater and soil
vapor along the southern and eastern margins of the property at low levels with one
indication of vinyl-chloride which exceeded the human health standard. A Term of
Annexation was adopted to protect future residents from potential exposure to the
identified VOCs, which states: “All lots shall construct a sub-slab vapor mitigation system to
eliminate any environmental concerns.” Groundwater wells are restricted on this property.
A PUD concept plan was reviewed by the city and City Commission in 2016.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Bridger Vale LLC, PO Box 930 Manhattan, MT 59741
Representatives: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman,
MT 59718
Report By: Brian Krueger, Development Review Manager
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APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit
development (PUD) concept, to promote maximum flexibility and innovation in the
development of land and the design of development projects within the city. Specifically,
with regard to the improvement and protection of the public health, safety and general
welfare, it shall be the intent of this chapter to promote the city's pursuit of the following
community objectives:
1. To ensure that future growth and development occurring within the city is in accord
with the city's adopted growth policy, its specific elements, and its goals, objectives
and policies;
2. To allow opportunities for innovations in land development and redevelopment so
that greater opportunities for high quality housing, recreation, shopping and
employment may extend to all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other
public facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity,
open space and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage,
water quality and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and
encourage trip consolidation, thereby reducing traffic congestion and degradation of
the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special
features of the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and
industrial uses that will mutually benefit the developer, the neighborhood and the
community as a whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.