HomeMy WebLinkAbout20- Conditions of Approval - 28 Bridger View Drive - Bridger View Redevelopment Planned Unit Development Applications 19464 & 19466 Inter-office original to:
City of Bozeman
City Clerk's Office
PO Box 1230
Bozeman MT 59771
pLA7T
2701467
Page: 1 of 8 09/24/2020 12:28:23 PM Fee. $56.00
Eric Semerad Wfl1latin County, MT MISC
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Conditions of Approval for the Bridger View Redevelopment Planned Unit Development
Applications 19464 & 19466
BRIDGER VIEW REDEVELOPMENT PLANNED UNIT DEVELOPMENT FOR
PROPERTY LOCATED AT 28 BRIDGER VIEW DRIVE, BOZEMAN,MONTANA
WHEREAS, the undersigned property owners acknowledges the receipt of a planned
unit development to allow a residential development with relaxations to subdivision and zoning
regulations to numerous dimensional standards, street design, utility easements, and a request for
concurrent construction generally located at the southwest corner of Bridger Drive and Story
Mill Road, City of Bozeman, Montana; and
WHEREAS, the use is to be located on property that is legally described as a Tract of
land formally known as the Bridger View Mobile Home Court as shown on COS 2547, located
in the Southeast One Quarter of Section 31, Township One South (TO IS), Range Six East
(R06E), P.M.M., Gallatin County, Montana; and
WHEREAS, the Planned Unit Development(PUD) is contained within the City of
Bozeman Department of Community Development's applications 19464 and 19466; and
WHEREAS, the use is to be located on property that is legally zoned as R-3, Residential
Medium Density District; and
WHEREAS, the Planned Unit Development was granted relaxations from subdivision
and zoning requirements of the Unified Development Code and the requirements of the Bozeman
Municipal Code; and
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CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
WHEREAS, the Planned Unit Development is subject to the following conditions of
approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final planned unit development plan must be submitted, reviewed, and approved prior to
approval of the final plat.
3. The requested relaxations to the following sections are granted as proposed in the application
materials and must be reflected in the final planned unit development plan, design guidelines,
and associated property owners' association documents as approved:
a. Table 38.310.030 Authorized uses. The application requests allowing parking
structures on an independent lot. The application requests to allow "Common House"
on a lot. This request is not needed because the structure is a stand-alone detached
residential unit which is a permitted use in this district.
b. Table 38.320.030.A Minimum lot area. The application requests to reduce the
minimum lot size.
c. Table 38.320.030.B Minimum lot width. The application requests allowing narrower
lots.
d. Table 38.320.030.0 Lot coverage & setbacks. The application requests to allow
increased lot coverages and decreased setbacks due to the reduced lot size and widths.
e. Section 38.350.050.A permitted encroachments into setbacks. The application
requests allowing to architectural features, patios, decks,porches, balconies, ramps
and similar features to encroach into setbacks.
f. Section 38.360.030 Accessory buildings,uses, and equipment. The application
requests expanding allowable encroachment for accessory structures.
g. Section 38.360.210 Single, two, three, and four-household dwellings. The application
requests decreasing useable open space to allow all units (attached, detached and
vertical duplex condos)to be subject to the townhouse individual open space standard
(see Section 38.360.240 Townhouse and rowhouse dwellings).
h. Section 38.400.050 Street and road right-of-way width and construction standards.
The application requests to allow an alternative road section design. The 60 feet right-
of-way standard would be reduced to 30 feet.
i. Section 38.400.090 Access. The application requests eliminating access from an
improved public street or alley and have access from a public sidewalks and open
spaces.
j. Section 38.400.100 Street vision triangle. The application requests reducing required
vision triangles and applying the vision triangle standard for individual drive isle and
alleys.
Brid er View Redevelopment Planned Unit Development 19464 PAGE 2 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
k. Section 38.410.040 Blocks length and width standards. The application requests
reducing alternative design standard for block length and width standards from a 5
foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and
reducing required 10 foot setback from pedestrian paths.
1. Section 38.410.040.E Blocks. The application requests an alternative block and lots
numbering scheme.
in. Section 38.410.060.13 Easements. The application requests to allow alternative
location of private utility easements and reduce required private utility easements size
from 10 feet to 5 feet.
n. Section 38.410.060.0 Public Utility Easements. The application requests a reduction
in public utility easements from 30 feet to a specific configuration of easements.
o. Section 38.420.060.A Park Frontage. The application requests to allow a public
sidewalk and building fronts to face the park rather than a road. This deviation is not
required. No parkland dedication is proposed therefore this standard does not apply.
p. Section 38.520.040 Non-motorized circulation and design. The application requests a
reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the
standard 5 feet.
q. Section 38.540.050 Number of parking spaces required. Total parking spaces meet
minimum standards, provided spaces are not necessarily dedicated to an individual
house or adjacent to the property. The application requests an alternative parking
scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and
on street spaces.
r. Section 38.550 Landscaping. The application requests an alternative landscape plan.
Requesting deviations from the planting groups and performance point system. The
City has removed those standards and replaced with the current system. However, this
deviation is required because the developer must vary the species planted because the
proposed utilities are in conflicts with root balls, mature growth heights, and other
conflicts.
s. Section 38.570 Lighting. The application requests an alternative lighting plan.
4. No property may be removed from the covenants without written approval of the City of
Bozeman.
5. The proposed ten foot utility easement on the east side of property must include clear and
unambiguous language that no structures, deep root foliage, or other hindrances to future
access may be planted, placed, or erected within the ten foot easement prior to final planned
unit development plan approval. If the City grants applicant's request for an easement in the
adjacent City-owned property to the east for this utility easement and applicant records it, the
new location of this utility easement must be shown on the final plat and final PUD plans.
6. Public access easements must be shown and accurately dimensioned for all publicly
accessible open space areas prior to final planned unit development plan approval.
Brid er View Redevelopment Planned Unit Development 19464 PAGE 3 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
7. The City of Bozeman has relied upon the overall design and design standards required as part
of the planned unit development application. The design standards may not be altered
without consent of the City.
8. Section 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points
must include a public access easement properly dimensioned with supporting diagram and be
recorded simultaneously with the Final Plat. Alternatively include"Public Common Open
Space" shown on the face of the Plat.
9. A notice prepared by the City must be filed concurrently with the plat so that it will appear
on title reports. It must read substantially as follows: The Bridger View Redevelopment
Planned Unit Development, Gallatin County, Montana is subject to specific design standards,
unique building setbacks and design, and landscaping. These standards may be found in
Section III of the Bridger View Redevelopment Design Guidelines and Individual Lot Plans.
Lot owners are advised that these are specific to the Bridger View Redevelopment Planned
Unit Development and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the Bridger
View Redevelopment Planned Unit Development approval documents the general standards
of the City apply. Modification of the special standards requires an amendment to the Bridger
View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It
is the obligation of the lot owner to be fully informed as to these standards before beginning
any home or site design process. Approval by the design review entity established in the
covenants of the development does not bind the City of Bozeman to approve a construction
plan.
10. If not already filed for the subject site, the applicant must provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID's) for the following:
a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and
storm drainage
b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and
storm drainage
c) Intersection improvements to Story Mill Road and Bridger Drive
d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork
Way, and Fourhouse Way, including paving, sidewalk, storm drainage, and any other
improvements within the 30 foot right-of-way.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property,taxable valuation of
the property, traffic contribution from the development, or a combination thereof. The
applicant must provide a copy of the filed SID waiver prior to final plan approval.
Brid er View Redevelopment Planned Unit Development 19464 PAGE 4 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
Code provisions:
1. BMC 38.220.300 and 310. The Property Owners' Association documents must include
the requirements of Section 38.220.300 and 320. The proposed documents must be
finalized and recorded with the final plat.
2. BMC 38.550.050.I. Irrigation plans are required to be submitted with the townhome
landscape plan and the PUD open space landscape plan with the planned unit
development final plan application.
3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or
other significant landscaping features and water and sewer services,unless explicitly
included in the relaxations granted with the approved plans.
4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment
Property Owners' Association (POA) documents must incorporate the stormwater
maintenance plan and clearly state the responsibility for stormwater maintenance for all
stormwater facilities.
5. BMC 38.270.030.D for concurrent construction per Section 38.270.030.D BMC. Provide
final response to PUD concurrent construction and finalize all of the required code
elements prior to the approval of the planned unit development final plan, approval of
concurrent construction and prior to building permit issuance.
6. BMC 38.350.050.B zero lot lines. A legal written agreement for access and
maintenance recorded at the county clerk and recorder is required for all lots with
single-household detached structures.
7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit
development final plan. Final plan review and approval. The final plan must be in
compliance with the approved preliminary plan and/or development guidelines. Upon
approval or conditional approval of a preliminary plan and the completion of any
conditions imposed in connection with that approval, an application for final plan
approval may be submitted. For approval to be granted, the final plan must comply with
the approved preliminary plan. This means that all conditions imposed by the city
commission as part of its approval of the preliminary plan have been met; and:
The final plan does not change the general use or character of the development; The final
plan does not increase the amount of improved gross leasable non-residential floor space
by more than five percent, does not increase the number of residential dwelling units by
more than five percent and does not exceed the amount of any density bonus approved
with the preliminary plan; The final plan does not decrease the open space and/or
affordable housing provided; The final plan does not contain changes that do not conform
to the requirements of this chapter, excluding properly granted deviations, the applicable
objectives and criteria of section 38.430.100, or other objectives or criteria of this
Brid er View Redevelopment Planned Unit Development 19464 PAGE 5 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
chapter. The final plan must not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and the final plat, if applicable,
does not create any additional lots which were not reviewed as part of the preliminary
plan submittal.
Final plan approval. The final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the review
authority may request a recommendation from the DRB, DRC, ADR staff, or other entity
regarding any part of a proposed final plan.
8. BMC 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points
must include a public access easement properly dimensioned with supporting diagram
and be recorded simultaneously with the Final Plat. Alternatively include"Public
Common Open Space" shown on the face of the Plat.
Condition Use Permit:
1. Section 38.19.110.17 BMC states that 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. 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. 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.
2. Section 38.19.110.I BMC Termination/Revocation of Conditional Use Permit approval:
a. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change
and the use may no longer be appropriate to a location. A conditional use permit
will be considered as terminated and of no fiirther effect if:
i. After having been commenced, the approved use is not actively conducted
on the site for a period of two continuous calendar years;
ii. Final zoning approval to reuse the property for another principal or
conditional use is granted;
iii. The use or development of the site is not begun within the time limits of
the final site plan approval in Section 38.19.130 BMC.
b. A conditional use which has terminated may be reestablished on a site by either,
the review and approval of a new conditional use permit application, or a
determination by the Planning Director that the local circumstances and
regulatory requirements are essentially the same as at the time of the original
approval. A denial of renewal by the Planning Director may not be appealed. If
the Planning Director determines that the conditional use permit may be renewed
Brid er View Redevelopment Planned Unit Development 19464 PAGE 6 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
on a site then any conditions of approval of the original conditional use permit are
also renewed.
c. If activity begins for which a conditional use permit has been given final
approval, all activities must comply with any conditions of approval or code
requirements. Should there be a failure to maintain compliance the City may
revoke the approval through the procedures outlined in Section 38.34.160, BMC.
NOW, THEREFORE,BE IT HEREBY KNOWN, that the above-noted conditions of
approval for the Planned Unit Development shall be binding upon the undersigned owner of the
subject property, and successors or assigns until released by the City and;
The Bridger View Redevelopment is subject to unique design standards to allow the
construction of a residential neighborhood with relaxations to numerous functional and
dimensional standards. Any deviation, departure, or modification of the approved plans are
subject to City review and possible approval.
DATED THIS 3� DAY OF SEt���vt►�C 12020.
Brid er View Redevelopment Planned Unit Development 19464 PAGE 7 OF 7
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
PROPERTY OWNER
Signature
ani C
Printed Name
Title
STATE OF MONTANA
:ss
County of
On this L day of S frl,w1i-P4020, before me, the undersigned, a Notary Public for the State
of Montana, personally a p d H Ca v'r ;t , known to me to be the
r✓rJ CAr"-A C"t^ C CC' of H R N9C ,the property
owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
DAVID GBRUCE (_)c— 0 t �✓y t 2
P C, tary Public
NOTARJ,1 F_f6S It of Montana (Printed name)
*' SEAL. Q Bozeman, at: Notary Public for the State of Montana
q, P2 Montana Residing at
o.....0,o My Commission Expires: g
October 23,2021 My Commission Expires: o /z;/2-cz I
(Use four digits for expiration year)
Brid er View Redevelopment Planned Unit Development 19464 PAGE 8 OF 7