HomeMy WebLinkAboutAttachment 1-A Relaxations & JustificationsJuly 2022
PRELIMINARY PUD: Ferguson Farm II
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List of Relaxations & Justifications
The following relaxations are requested for the Ferguson Farm II (PUD), as shown in Appendix
B - Relaxation Exhibit or other document identified below.
Relaxations & Justification Description
Relaxations of regulatory requirements are allowed for Planned Unit Developments as described in
UDC Sec. 38.430.030.A.4. The review authority must find that any requested deviation will contribute
to a superior character of development than that required by the existing standards. Moreover, PUD’s
are expected to be consistent with the Growth Policy and relevant design objectives. Consistency of
this development with the City’s adopted Growth Policy and with the required PUD design objectives in
the PUD Narrative. This section and the overall narrative illustrate how this project will exemplify a
character superior to the UDC requirements.
Justification for the requested deviations included in this application is exhibited through the projects
alignment with all facets of the PUD Intent (UDC Sec.38.430.010), as well as those found in the general
Intent and Purpose Section of the Code (Sec. 38.100.040). The following narrative section details the
code requirements, proposed relaxations, and additional justifications necessary for each request. The
calculations included herein are based on preliminary plan applications and thus are subject to minor
changes prior to final plan submittal. An exhibit has been included in this application (Appendix B) to
illustrate the location of these proposed relaxations. Moreover, the plans and drawings submitted with
this application illustrate the final conditions that the proposed modified standards will produce.
The Ferguson Farm II neighborhood, a vacant infill site, exemplifies the PUD intent through its site de-
sign. It is intended to be a innovative commercial development with safe streets for all. A place for
shopping and employment open to everyone. The onsite open space areas have been planned and pro-
grammed to meet the PUD Performance Point requirements as well as the needs of site visitors and
owners alike. Water quality protection and interaction with the onsite water feature, the Maynard Bor-
der Ditch, have been dually incorporated into the vision for this project. Moreover, the transit patterns
envisioned to and through this site is one of where site users utilize bikes and nearby bus transit op-
tions to travel to and from this area for work and fun.
The Ferguson Farm II neighborhood is compatible with the existing surrounding area, and development
of a commercial neighborhood such as the one proposed promotes a logical development pattern that
supports the plans and goals of the neighborhood and community alike. This commercial neighborhood
is planned as a home to numerous employers that can provide job opportunities to a wide range of
Bozeman residents in a number of possible commercial industries. Being an extension to the existing
Ferguson Farm I neighborhood, it is reasonable to see these possibilities fulfilled as this neighborhood
is constructed.
This project will contribute to the extension of the existing water, sewer, and street networks, further
supporting community development needs. This project will further ensure public access and for the
ability of the City to maintain these proposed extensions of city services. As has been described within
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the PUD Performance Point section of this application, the project will provide a variety of options for
onsite recreation and for the utilization of onsite open space. Taken as whole, Ferguson Farm II meets
the UDC requirements for the application of a Planned Unit Development.
We would like to request that any amendments, elimination or changes to any of the relaxations
listed below be done so through a condition of approval in order to keep this application moving
through the process to gain adequacy.
Requested Relaxations
1. Code Reference Table 38.310.040 - Authorized Uses:
UDC REFERENCE DESCRIPTION RELAXATION SUMMARY
1 Table
38.310.040
Authorized Uses Allow as principal permitted uses the fol-
lowing uses: (1) convenience use; (2) sales
of alcohol for on-premise consumption; (3)
outdoor sale of goods in common open
space areas; and (4) food courts within
common open space areas within the PUD.
2 38.310.050.B Supplemental use provi-
sions for the urban
mixed-use zoning district
Exempt development from requirements
that two different user groups of uses must
be shown within each site plan.
3 38.310.050.C Supplemental use provi-
sions for the urban
mixed-use zoning district
Allow for calculation of use group percent-
ages over total site area.
4 Table
38.320.050
Form & Intensity Stand-
ards
Increases the allowable for maximum
building height for buildings within the
PUD to six stories and 90’.
5 38.400.090.B.2 Lot Access Allow for placement of the following lots to
be developed exclusively for parking garag-
es that do not have legal and physical ac-
cess to a public street, approved private
street or alley: Lots 1B and 1C, Block 3; Lot
4, Block 6; Lots 1B and 1C, Block 7; and Lot
1B of Block 8.
6 38.540.020.D Back-in angle parking The applicant seeks to allow back-in angle
parking along all internal streets and alleys.
7 38.510.020.F Multiple frontage situa-
tions
Provide an entrance to only one street fa-
çade for all onsite buildings.
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UDC REFERENCE DESCRIPTION RELAXATION SUMMARY
8 38.510.020.F Multiple frontage situa-
tions
Allow surface parking areas adjacent to a
street corner.
9 Table
38.510.030.B
Storefront Block Front-
age Standards
Invoke the Community design Framework
Mater Plan to reclassify the external store-
front streets to the block frontage standard
“Other”
10 Table
38.510.030.C
Landscaped Block Front-
age Standards
Allow surface parking up to 100% of the
street frontage
11 Table
38.510.030.C
Landscaped Block Front-
age Standards
Allow buildings to be placed to the edge of
the property lines.
12 Table
38.510.030.C
Landscaped Block Front-
age Standards:
Allow for a reduction in the minimum 10’
landscape buffer between the street and
off-street parking areas for block 3.
13 Table
38.510.030.C
Landscaped Block Front-
age Standards
The area between the street and building
must be landscaped, have a private porch
or patio space, and/or pedestrian oriented
space.
14 Table
38.510.030.E
Gateway Frontage Allow buildings to be built to the property
lines.
15 Table
38.510.030.I
Block Frontages - Trail/
Park Frontages
Be allowed to place buildings to the edge
of the trail, easements and property lines.
16 38.520.040.D.3 Pathway Design Eliminate pathway separation standard.
17 38.520.040.D.4 Pathway Design Provide sidewalks of less than 12-feet in
width.
18 38.520.070.C.3 Location & Design of Ser-
vice Areas
Exempt trash enclosures on Lot 4, Block 4;
from the minimum 5-feet landscape
screening on all sides.
19 Table
38.540.050-3
Required Parking Modification to the required parking stand-
ards.
20 38.540.050.A.4.
b.
Required Parking Exemption from location of bicycle parking
within 100 feet of each served building.
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UDC REFERENCE DESCRIPTION RELAXATION SUMMARY
21 38.540.080 Off-street loading berth
requirements
Eliminate the need for a loading berths for
specific lots within the project area.
22 Table
38.560.060
Non-Residential Sign
Standards
Allow signs on all visible sides of the build-
ing, not just street frontages, allowing wall
signs on walls adjacent to streets, interior
pedestrian walkways, alleys, parking lots
and open space lots.
23 38.400.050 Street and road right-of-
way width and construc-
tion standards.
The applicant is requesting to vary from
the standard ROW widths.
24 38.400.050 Alternate street section
design.
The applicant is requesting to vary from
the standard Street Section design.
25 38.400.110.D Transportation path-
ways.
Eight-foot shared use path proposed along
Fallon Street and Resort Drive.
26 38.410.070 Municipal water, sanitary
sewer and storm sewer
systems.
Proposing alternate water, sewer, and
storm locations.
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Allow as principal permitted uses the following uses: (1) convenience use; (2) sales of alcohol for on-
premise consumption; (3) outdoor sale of goods in common open space areas; and (4) food courts
within common open space areas within the PUD.
Justification: UDC Table 38.310.040.A requires a Conditional Use Permit for convenience uses, and a
Special Use Permit for sales of alcohol for on-premises consumption uses within the Urban Mixed-Use
District (UMU). The applicant is requesting these uses be designated as Principal uses within the PUD
boundaries.
The overall intention of this project is to create a mixed-use district that draws and retains customers
for multiple purposes. The Community Plan indicates a way to bolster districts around town to encour-
age more mixed use developments. We believe that adding these uses by right will help further this
goal of creating. Furthermore this project is within the Community Commercial Mixed Use Future Land
Use Category, which stresses that, “Mixed use area should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use.” These additional uses are fun-
damental to the creation of this district. When you look at similar thriving districts (Cannery District,
Downtown, North East Neighborhood, and Ferguson Farm) the majority of them all share similar uses.
Furthermore, in terms of compatibility of adjacent uses, none of the proposed additional uses will neg-
atively impact another use. We believe that the inclusion of these uses will in fact help in the creation
of a vibrant district.
2. Code Reference 38.310.050.B - Supplemental use provisions for the urban mixed-use zoning dis-
trict:
Exempt development from requirements that two different user groups of uses must be shown with-
in each site plan.
Justification: The applicant requests that the entire development be exempt from requirements that
two different user groups of uses must be shown within each site plan. We believe the intention of this
standard is require a mix of uses across a site. This site is unique in that it is much larger than your typi-
cal lot going through the site plan process. The intention for this project to have a wide range of com-
patible uses across the entire site. Furthermore, it is envisioned that lots will be sold and each individu-
al owner will be required to go through the site planning process for their project. In doing this each
owner would be required to demonstrate that there is a mix of uses within each building. We believe
the intention for this standard will be met across the whole site over the life of the project. Adding this
flexibility to each lot allows for the possibility of a single anchor tenant to come to the site. We believe
that as a whole this project will have a variety of uses similar to Ferguson Farm II and it will be vital to
the success of the district . That said the added flexibility allows for the creation of this district to hap-
pen organically.
3. Code Reference 38.310.050.C - Supplemental use provisions for the urban mixed-use zoning dis-
trict:
Allow for calculation of use group percentages over total site area.
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Justification: Similarly, to the relaxation above the applicant is requesting a relaxation to allow the cal-
culation of use groups percentage be over the total project area and not on an individual site by site
basis. Allowing this to happen will allow flexibility in how each lot is developed. By our square footage
estimates no single use would be any where close to the 70% threshold but by relaxing this require-
ment till will allow for flexibility in how each site is developed, which ultimately will allow for this mixed
use environment to occur naturally.
4. Code Reference Table 38.320.050 - Form & Intensity Standards:
Increases the allowable for maximum building height for buildings within the PUD to six stories and
90’.
Justification: Maximum allowable building height within the Urban Mixed-Use District is 60’ for build-
ings that do not provide structured parking, or 85’ for those when structured parking is present and
provided per UDC Section 38.330.040.E.2 (please note, this reference standard does not appear related
to this note for height expectations within UMU zones). The applicant is requesting that the maximum
allowed building height for this project be 90’ feet regardless of the presence of structured parking.
This increase in allowable height offers opportunities for creative site design, a broader mix of uses and
increased density. Additionally, the added height and density will ensure that the more commercial
uses in nature will further the design objective of creating a district. By increasing the height and densi-
ty it will allow for the creation of a more walkable district that can support the residents of this project
but also the residents of adjacent neighborhoods. Goal DCD—2.4 of the Community Plan states,
“Evaluate revisions to maximum building heights limits in all zoning districts to account for contempo-
rary building methods and building code changes.” in several locations the Community Plan indicates
both directly and indirectly that added height (with good transitions) is better for creating walkable,
more sustainable districts.
5. Code Reference 38.400.090.B.2 - Lot Access:
Allow for placement of the following lots to be developed exclusively for parking garages that do not
have legal and physical access to a public street, approved private street or alley: Lots 1B and 1C,
Block 3; Lot 4, Block 6; Lots 1B and 1C, Block 7; and Lot 1B of Block 8.
Justification: The applicant is proposing to construct a bank of garages in Blocks 3, 6, 7, and 8. These
garages will be available (to be purchased) for property owners or building tenants within the develop-
ment, and each garage is envisioned to be able to provide the possibility to utilize mechanical automo-
bile lifts to allow for additional garage parking. As shown on the Preliminary Plat and Preliminary PUD
Plan, Block 3, Lots 1B & 1C; Block 6, Lot 4; Block 7 Lots 1B & 1C; and Block 8, Lot 1B do not meet the
access requirements of the UDC. A relaxation to this standard is requested to allow for these lots to be
plated without meeting the legal and physical access standards. There is a public access easement
across the parking lots allowing the potential owners of those lots to have both legal and physical ac-
cess to the garages. These lots will be deed restricted as required by the City of Bozeman.
These lots will only be used for the creation of garages, and therefore traditional access standards are
not necessary for these structures. Once these lots and the adjacent lots are developed, these garages
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will be served by access drives within developed parking lots, which will ensure drive access is provided
in some manner to these buildings.
The creation of these lots and ultimately the construction of these garages will help break up these
parking lots and create a more urban environment. The garages themselves will also act as a traffic
calming measure in the parking lots due to the height and narrowing effect. The addition of these gar-
ages will also promote pedestrian safety because it will force pedestrians to walk to a designated path-
way instead of cutting through the parking lot spaces. A similar idea was implemented in the parking
lot of the Jacobs Crossing building on Main Street.
6. Code Reference 38.540.020.D - Back-in angle parking:
The applicant seeks to allow back-in angle parking along all internal streets and alleys.
Justification: The applicant is requesting to utilize back in angled parking for Valley Commons Drive,
Brookfield Avenue and along the Alleys. The Traffic Impact Study indicates this type of angled parking
will provide additional traffic calming and it further identifies successful examples of back-in angled
parking in the right of way. Furthermore, the applicant has agreed to sign a maintenance agreement
and put a note on the plat identifying that the HOA is required to maintain the back in angled parking
areas. Finally, all transition curb radii are 25’.
7. 38.510.020.F.4- Multiple frontage situations:
Applicant seeks to allow Buildings at the corner of multiple Streets must only be places adjacent to
one street and have a front and primary façade facing one street frontage.
Justification: The applicant is requesting that buildings not be required to meet the requirements of
subsection 4 which requires buildings to be places at the corner of an intersection and present a front
and primary façade to both street frontages. There are a few locations where we proposed public open
space at the street corners. The design intent with these public open spaces was to create a small gath-
ering space for people to stop sit at. The way the street intersects in these locations create really awk-
ward triangle pieces of land. Rather than expand the overall building footprint we thought this would
be a great spot for some placemaking. These inviting landscaped areas will enhance the overall feel of
the intersection and will offer some green space in this dense urban environment. We believe that
these small placemaking efforts will help in the creation of a unique vibrant district. We believe that
this area would function similarly to Sir Optimist Park but on a different scale.
8. Code Reference 38.510.020.F.7 - Multiple frontage situations:
Allow surface parking areas adjacent to a street corner.
Justification: The applicant is requesting an exemption to subsection 7, which would allow for the
placement of surface parking adjacent to a street corner. Subsection 7 allows for parking lots to be ad-
jacent to the street corner if there is a combination of block frontages and if the applicant can demon-
strate that they are adequately satisfying the departure criteria. We believe that there will be adequate
landscaping surrounding the parking lots reducing the visual impact of the parking lot. The exterior
parking lots are planned to be screen via a variety of trees and shrubs. We believe that the visual im-
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pact of the parking lot will be fairly minimal give the significant landscaping proposed.
9. Code Reference Table 38.510.030.B - Storefront Block Frontage Standards:
The applicant is requesting to reclassify the external Storefront streets to the block frontage stand-
ard “Other” using the Community Design Framework Master Plan UDC 38.510.030.L.
Justification: The Applicant is requesting a relaxation to invoke the Community Design Framework
Master Plan to reclassify the external streets (Resort Drive, Fallon Street and Ferguson Avenue) block
frontage from Storefront to Other. These streets were originally designed prior to the formulation of
any design intent for this project. Since that time our design intent has changed to draw people into
the center of the district and to create a walkable district within our site. The current Storefront Block
Frontage standards require the opposite of our design philosophy in that they want buildings fronting
the external streets and parking lots interior to the site.
When looking at the site as a whole it become very difficult to create a walkable district along the pe-
rimeter streets due to the sheer length of frontage. When you focus development on this site inward it
allows for buildings to be closer together and thus creating a more walkable mixed use area. As a result
of this the parking lot are required to be located on the outside of the site which isn't currently allowed
on the storefront block frontage. We believe that reclassifying these block frontages as “Other” will
allow for a more walkable, human scaled design.
Reclassifying the Block Frontage to “Other” allows for the parking lots to be adjacent to the street
when they are adequately screened. This reclassification would allow us to realize our design vision of
creating a mixed-use district. The parking lots that border the external streets would be designed to
incorporate adequate screening as required in the “Other” block frontage standards.
Finally, this proposed change meets the criteria for change outlined in 38.510.030.L. The site has been
configured with the pedestrians in mind. The main principal is to pull people into the center of the site
toward Valley Center Drive. Valley Center will act as the Main street for this project. Another reason
why we choose this center main street approach is the large nurture of the site. With the Storefront
Block frontage on the exterior of the site it makes a really unwalkable environment because of the long
distances one would have to travel to get from business to business. Additionally these road are major
throughfares through town and don’t offer a pleasant pedestrian experience. Additionally, the design
regulations and the community plan look to show that our project will be more successful and a better
community asset if these block frontages are reclassified. The design regulations require a specific level
of detail and finish to make this buildings nice on all sides. The regulations also require that that the
buildings meet the setbacks and block frontage standards for each lot.
10. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards:
Allow surface parking up to 100% of the street frontage.
Justification: The applicant is requesting a relaxation to waiver the requirements for the location of
parking to allow for parking lots to front 100% adjacent to the street. We believe that with the pro-
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posed landscaping around each of the parking lots the visual impact of them will be greatly reduced.
We believe the intent of limiting the parking to a percentage of the frontage is to control the visual im-
pact of the parking. We believe that the added landscaping will effectively mitigate that concern.
11. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards:
Allow buildings to be placed to the edge of the property lines.
Justification: The applicant is requesting to be exempt from the Landscaping block frontage building
placement standards. The lot lines have been strategically drawn to show a possible building footprint
to give a perspective buyer a better understanding of what can be built on this lot. All lots have been
drawn to incorporate a 10’ landscaping buffer from the front of the building to the back of the side-
walk. Additionally, this shifts the maintenance responsibility from the Property Owner to the HOA. This
will ensure that all landscaping will be maintained and have a cohesive feel. All lots will still have a
landscape buffer between the back of the sidewalk and the front of the building.
12. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards:
Allow for a reduction in the minimum 10’ landscape buffer between the street and off-street parking
areas for block 3 (Hotel & Parking lot).
Justification: the applicant is requesting a 4’ reduction in the required 10’ landscape buffer to screen
parking lots. This location is bound on both sides by road ways that line with other access points or are
fixed by access distance standards. This finite space makes it challenging to balance the need to screen
the parking and also provide parking. We believe that this 4’ reduction will allow both goals to be
achieved. We can still adequately screen the parking lot in the 6’ landscaping strip and also not lose
any parking. Additionally, in several locations where we need this reduction, the addition of personal
garages in the middle will also help break up the visual scale of he parking lot. These garages will, visu-
ally, cut the parking lot in half and will create a denser environment. We believe that this area will feel
dense with the provided landscaping and the garages and will force driver to slow down. This result will
create a safer pedestrian and driver experience.
If this relaxation cannot be supported we would request that this be added as a condition of approval
as it will require signification redesign work that will causes us to miss the tight adequacy window.
13. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards:
The area between the street and building must be landscaped, have a private porch or patio space,
and/or pedestrian oriented space.
Justification: The applicant is requesting a relaxation to exempt block 7 from requiring landscaping
between the Valley Commons Drive and the building on the east and west side. Block 7 is envisioned
as a one of the commercial hubs within the district. The intention for this area is to have a dense urban
feel. The applicant is committed to providing trees and benches in the 10’ sidewalk to help with visual
interest at the pedestrian and motorist scale. We imagine these two sections (along Ravalli and
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Brookfield) will have a similar feel to say the downtown Co-Op building along South Black Avenue. The
street will be activated with the street trees, benches and bike racks and the buildings will likely have
great architectural detailing and glazing. We believe that these street trees and streetscape improve-
ments will further the identity of our project, truly making this a district.
All other landscape block frontages will have a 10’ landscaped buffer between the lot line and the back
of the sidewalk. This is built into the plan because of the way the lot lines are drawn. The intention for
drawing the lot lines that way allows for all the maintenance and upkeep to be controlled by the HOA.
This will allow for the district to have a very cohesive feel. While the HOA will maintain these landscap-
ing buffers, the landscaping will be installed when each individual lot owners goes through the site
planning process.
14. Code Reference Table 38.510.030.E - Gateway Frontage:
Allow buildings to be built to the property lines.
Justification: The applicant is requesting to be exempt from the gateway block frontage building place-
ment standards. The lot lines have been strategically drawn to show a possible building footprint to
give a perspective buyer a better understanding of what can be built on this lot. Exempting these build-
ings from the building placement standards shifts all of the landscaping and open space maintenance
onto the HOA, which intern ensures that it is kept in a nice condition. The Gateway standards require a
minimum building setback of 25’. All of our proposed buildings are currently separated from Huffine
Lane by an open space tract of land that is 47’ wide. This 47’ strip of open space is almost double the
required building placement standard.
15. Code Reference Table 38.510.030.I - Block Frontages - Trail/Park Frontages:
Be allowed to place buildings to the edge of the trail, easements and property lines.
Justification: The applicant is seeking an exemption to the required setback from a trail, easement or
property line. The applicant team is seeking to place buildings up to the edge of the trail easement and
property line. The lot lines have been strategically drawn to show a possible building footprint to give a
perspective buyer a better understanding of what can be built on this lot. Additionally allowing build-
ings to be built to the property line will help with the creation of a unique district similarly to what is
seen around the country near rivers. A successful example of this occurs, in Reno, Nevada (Reno River
Walk) where several businesses front along the Truckee river creating this unique walkable district. In
that district pedestrians are able to walk along the river for miles where they are able to interact with
nature in certain locations and also frequent businesses. We believe that allowing building to be placed
at the edge of the easement will allow for a creative and innovate approach to commercial develop-
ment. It will prioritize the pedestrian over the car and will create a much safer and vibrant district.
16. Code Reference 38.520.040.D.3 - Pathway Design:
Eliminate pathway separation standard.
Justification: The applicant is requesting a relaxation to place building up to the edge of sidewalks
thereby eliminating the pathway separation standard of the UDC. We believe that the intent of that
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standard is to enhance the overall character of the walkway. We believe that this overall dense nature
of this district will create character for these walkways. In looking around town at the other dense
commercial districts this standard does little to create character. The character of the pathways is de-
fined by the architecture and the street furniture placed along the road. We believe that the architec-
ture and dense nature of the commercial district will create enough character for the pathways. Fur-
thermore the 3’ of landscaping will likely be a waste of space when trying to create a dense environ-
ment. Additionally, it would be challenging to get enough light for landscaping to survive on pathways
along the north side of the buildings.
If this relaxation cannot be supported we would request that this be added as a condition of approval
as it will require signification redesign work that will causes us to miss the tight adequacy window.
17. Code Reference 38.520.040.D.4 - Pathway Design:
Provide sidewalks of less than 12-feet in width.
Justification: The applicant is requesting a relaxation to modify the sidewalk width for multi-tenant
commercial building larger than 100’ abutting a parking lot. This request is specifically tied to block 7
and 8. The current pathways are drawn at 10’ which matches and the current Ferguson Farm I. The
way these lot are drawn, it is possible that a potential buy would purchase all of the lots in this block
and building a single large building, which could result in a building being over 100’ long. For these 2
blocks the 10’ pathway is envisioned to be the rear of the building. The main entrance would have a
18’ wide sidewalk. We believe the intent of this standard is to apply to larger strip mail style develop-
ments, where several buildings are located on the same site only connected by parking lots and drive
isles. In the case of block 7 and 8 each lot would have a primary entrance facing Valley Commons Drive.
We believe that 10’ is more than ample width for a secondary entrance abutting a parking lot. Finally,
just to reiterate, it is the intention to match the pathway width already constructed at Ferguson Farm I.
18. Code Reference 38.520.070.C.2 - Location & Design of Service Areas:
Exempt trash enclosures on Lot 4, Block 4 from the minimum 5-feet landscape screening on all sides.
Justification: The sides and rear of service enclosures must be screened with landscaping at least five
feet wide in locations visible from the street, parking lots and pathways. The refuse areas on Block 4,
Lot 4 does not meet the minimum width of landscape screening on all sides. The proposed refuse col-
lection areas have been located where they will be easily accessible for trash pickup; support the sur-
rounding uses; and far enough from buildings to not be noticeable. The trash enclosures will be fully
enclosed, covered and will include adjacent landscaping where possible.
For Block 4, Lot 4 there will be landscaping on 1 of the 3 side. We believe that this trash enclosure will
be adequately screened from Huffine lane due to the adjacent buildings as well as the landscaping pro-
posed behind the dumpster. This dumpster will also be enclosure in the required enclosure virtually
screening the dumpster from all sides. Please see the landscape plans for demonstration of how this
dumpster will be adequately screened.
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We believe that the intent of this standard to minimize the visual impact that dumpsters can have on a
site design. We believe that this standard is achieved by creating a home for the dumpsters to live in.
If this relaxation cannot be supported we would request that this be added as a condition of approval
as that dumpster is no pivotal to the design of this project and can be removed prior to final PUD and
Plat.
19. Code Reference Table 38.540.050-3 - Required Parking:
Modification to the required parking standards.
Justification: The applicant is requested a 100% relaxation to the City’s of street parking requirements.
The relaxation request would allow the PUD to self-regulate uses based on parking demand and would
PUD offers 660 of street parking spaces within the surface parking lots and 175 on street parking spac-
es for a total of 835 spaces available. While the precise uses for this project are TBD, the total square
footage potential shown in the 3-D exhibit is approximately 894,177 sf. This includes:
135,464 sf - Retail, Restaurant, Commercial, Bar
246,081 sf - Office
368,072 sf - Hotel and Hotel Units
95,200 sf - Medical
27,235 - Structured Parking
22,125 sf - Garage Condo Units
Parking required for this project would be approximately 1555 spaces, (after reductions for adjacency
to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified
in the TIS). Additional details on the parking assumptions are included in the overall project narrative.
Total parking provided for this project is 883 total spaces, and includes on street parking and the pro-
posed garages (one space per garage).
Parking minimums often have dramatic impacts on the way we plan projects and are often not based
on any science. We believe that not requiring a parking minimum allow us to provide parking based on
what we believe the demand will be. As we know the demand for current and future parking is shifting
throughout Bozeman with services like Uber and Lyft, the expansion of Streamline services, and the
vast network of active transportation pathways.
Exempting Ferguson Farm II from parking requirement will also further several goals and policies of the
community plan including:
M-1.12- Eliminate parking minimum requirements in commercial districts and affordable housing areas
and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in
new supply being built.
DCD-3.6 - Evaluate parking requirements and methods of providing parking as part of the overall
transportation system for and between districts.
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Relaxations & Justifications - Pg. 13
Theme 3 - A City is bolstered by downtown and complementary districts. Our city is bolstered by our
downtown, midtown, university and other commercial districts and neighborhood centers that are
characterized by higher densities and intensities of use.
Ferguson Farm II is located within the Cottonwood district and is in a prime location for infill develop-
ment. Infill development can reduce the demand on the transportation network by creating employ-
ment opportunities near residential neighborhoods. Encouraging infill development also improves the
efficiency of public services and reduces the outward expansion of the city. Specifically, the efficiency
of the use of land within our district will increase with the reduction of the amount of on-site parking
spaces. Allowing this relaxation will allow for greater flexibility for Ferguson Farm II and it reflects best
practices in the provision of parking by allowing property owners to building only the number of park-
ing spaces needed to meet parking demand.
20. Code Reference 38.540.050.A.4.b - Required Parking:
Exemption from location of bicycle parking within 100 feet of each served building.
Justification: The applicant is requesting a relaxation to exempt this project from the bicycle parking
location standards. The applicant has strategically placed the bike parking throughout the project but
rather than have each building provide its own bike parking we are proposing to have it in centrally
located locations. Exempting from this requirement will ensure that the HOA maintains keeps in work-
ing order these bike parking areas. We envision the bike parking areas to function similarly to how the
downtown blue bike parking works in the summer. These logical locations for bike parking help to en-
sure pedestrian safety and limit the number of bikes on busy pedestrian and vehicle travel ways. Fur-
thermore, several sidewalks have been strategically drawn to accompany a bike rack, bench and tree.
21. Code Reference 38.540.080 - Off-street loading berth requirements:
Eliminate the need for a loading berth for specific lots within the project area.
Justification: The applicant is asking to not provide for loading berths for individual buildings. Should
loading berths be necessary to serve the development, the applicant will propose such berths during
future Site Plans. The alleys are designed to be 26’ wide and have back in angle parking. We believe
there is adequate room for a lot or building to take deliveries off the alley and not disrupt the district.
In order to ensure that deliveries to the site will not impact site circulation or traffic, the applicant will
be willing to include in the CCRs that deliveries would only be allowed overnight or during appropriate
off hours. Furthermore, the applicant is willing to restrict parking in those back in angle spots along the
allow to not allow overnight parking, allowing larger trucks a spot to pull off the travel lane and con-
duct their delivery.
22. Code Reference Table 38.560.060 - Non-Residential Sign Standards:
Allow signs on all visible sides of the building, not just street frontages, allowing wall signs on walls
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Relaxations & Justifications - Pg. 14
adjacent to streets, interior pedestrian walkways, alleys, parking lots and open space lots.
Justification: The applicant is requesting a relaxation to allow signage to be visible on all sides of build-
ings not just the street frontages. One of the main themes in the Community Plan indicates Bozeman is
bolstered by its downtown and the supporting districts and signage plays an important role in creating
and defining a district. We believe that allowing signage on all sides of buildings will help create this
unique vibrant district. Allowing signage on all sides of the buildings can used as enhanced placemaking
opportunities. Examples of this can be found in the alleys of downtown Fort Collins, or the River Walk
District in Reno. Furthermore, the Bozeman Downtown Plan documented the importance of activating
spaces along alleys and one way to achieve this was through signage. We believe this relaxation will
allow us to further our vision for this district and truly create a unique district in Bozeman.
Due to the unique nature of our project we believe that people will be accessing each building from all
sides which makes signage very important. Signage on all sides of the building has potential for better
building façade design. With more room to allocate the allowed signage allows for better sign place-
ment without creating visual pollution. Additionally, we are not requesting the allowance to allocate
more signage per building so there will potentially be less signage on each side of the building reducing
any visual concerns. Signage on all sides of the building will play a huge part in creating this unique
place.
23. Code Reference 38.400.050 - Street and road right-of-way width and construction standards.
The applicant is requesting to vary from the standard ROW widths.
Justification: The applicant requests the relaxation from standard Right-of-way widths to accommo-
date the reverse crown street drainage and angled-in parking. The variable right-of-way widths are also
designed to accommodate the variable sidewalk widths and street trees along storefront (north side of
Valley Commons Drive) block frontages. Additionally, the applicant is requesting to utilize a reverse
crown cross section for all roadways within this project. A reverse crown cross section has been proven
to be a good design with examples of Ferguson Farm I and also in Grand Lake Colorado. The intention is
to provide positive drainage away from the sidewalk and parking areas. This creates safer and more
walkable conditions especially in the spring months.
The proposed ROW widths are depicted on page 3 of the preliminary plat drawing and the street sec-
tion details are shown on Civil Details Sheet, C2.0. In summary, the required ROW width is 60 feet for
Local Streets. The proposed ROW widths all meet or exceed this requirement with the one exception
of Ravelli Street, which has a 51-foot-wide ROW. It should also be noted that the proposed ROW
widths have been reviewed and deemed acceptable by the City Engineering Department.
24. Code Reference 38.400.050 - Alternate street section design.
The applicant is requesting to vary from the standard Street Section design.
Justification: The alternate street sections proposed throughout the subdivision are designed to pro-
vide enhance drainage to the center valley gutter and allow water to flow out of the angled back-in
parking. The variable sidewalk widths and boulevards are designed to promote the walkability of the
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PRELIMINARY PUD: Ferguson Farm II
Relaxations & Justifications - Pg. 15
development while meeting the City of Bozeman’s requirements for parking screening and block
frontages. Additionally, the reverse crown drainage of the road is designed to be similar to the com-
mercial development west of the property – Ferguson Farm. It is intended to provide a more contigu-
ous feel between the development and promote walkability and internal capture rates for traffic within
the development.
25. Code Reference 38.400.110 - Transportation pathways.
Application is requesting to vary the shared use path width proposed along Fallon Street and Resort
Drive to match existing trails across the street.
Justification: This relaxation has been requested to provide a more contiguous feel with the adjacent
developments. The existing shared use paths along Resort and Fallon are currently paved at an 8-foot
width. The intent is to provide the shared use paths without creating awkward and unnecessary transi-
tions and promote the overall walkability from surrounding developments. Additionally, this 8’ wide
path will match what is existing across the street. Finally, we have request that the block frontage on
these street be reclassified to “other” through a PUD Relaxation. In the Block Frontage Other, the re-
quired sidewalk width is 6’.
On November 29th, the applicant team met with the engineering department to go over their com-
ments in that meeting it was agreed that Resort and Fallon could match the 8’ pathway on the other
side of the street and the pathway along Ferguson would be widen to 10’ with the ability to make it
wider.
If required a 12’ pathway is now required by the engineering department we would request that this
be a condition of approval.
26. Code Reference 38.410.070 - Municipal water, sanitary sewer and storm sewer systems.
Proposing alternate water, sewer, and storm locations.
Justification: The alternate locations of the proposed utilities is required to accommodate the alterna-
tive storm sewer locations as a result of the reverse crown street section. Although the layout of the
water, sewer, and storm mains is somewhat unconventional, all the design standards are still met and
11 feet of separation between mains is maintained. It should also be noted that the proposed utility
configuration has been reviewed and deemed acceptable by the City Engineering Department.