HomeMy WebLinkAbout638300222975479050) .'�Z-9939-.BAXTER CREEK BUS PARK
PUD
ion'-Auto Plaza,
N. 'of. U-:S: 191
Jack Schunke
.March 30. 1999 ,
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Oxford NO. 753 215 PE
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LE REVIEW S.HE T
CONDITIONAL USE PERMIT
File No. ?
Reference files:
DATE DATE DONE
DUE DONE BY
DRC Initial Week Review
DRC Second Week Review 3
DRC Final Week Review S
Notice to Paper(not less than 15 or more than 45 days prior
to Board hearing) �✓ y
Notice to Adjoiners (not less than 10 days prior to final
DRC meeting) �I);� ( qD��
Post Notice (not less than 10 days prior to final DRC I
meeting)
Staff Report Due
Planning Board Meeting Date .
Packet to City Commission
City Commission Meeting Date (3 pm unless variances,then
7 Pm)
Letter Mailed to Applicant
Improvements Agreement Mailed to Applicant
DRC ACTION: Approved Approved w/Conditions Denied
PLANNING BOARDACTION: ppro ve on s Denied
CITY COMM ACTION: Approv pro Denied
FINAL SITE PLAN DUE BY: — 'a cQI
IMPROVEMENTS AGREEMENT RETURNED:
FINAL SITE PLAN APPROVED ON:
FINANCIAL GUARANTEE RECEIVED:
FINANCIAL GUARANTEE RELEASED:
d DATE OF FINAL OCCUPANCY:
a:cuprev.sht-- 10/31/97
PROJECT ACTIVITY LOGS
BOZEMAN CITY-COUNTY PLANNING OFFICE
roject Name u-p-ex Ep Pup File No. -9q
STAFF STAFF CUMULATIV
DATE ACTIVITY PERSON HOURS STAFF TIME
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so CITY CITY OF BOZEMAN vw
9� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
` Street address: Alfred M. Stiff Professional Building
� _ e Phone: (406) 582-2360
20 East Olive Street Fax: (406)582-2363
co moo? Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net
Bozeman, Montana 59771-1240 World wide web: www.bozeman.net
May 1, 2002
Steve Olson
Landmark ERA Commercial
1811 West Dickerson#17
Bozeman, MT 59715
RE: Baxter Creek PUD Final Plat and Final Plan Extensions
Dear Mr. Olson:
On April 29, 2002 the Bozeman City Commission approved a one-year preliminary plat approval
extension for the above referenced project. Your previous final plat submittal deadline was June 21,
2002. With the extension, you have until June 21, 2003 to provide the City with a final plat submittal
that satisfies all of the requirements and conditions for this subdivision as set forth in the Findings of
Fact and Order.
The City Commission also approved a retroactive two-year final plan approval extension for Baxter
Creek PUD. Your previous final plan submittal deadline was June 21, 2001. This extension will be
applied retroactively; therefore you now have until June 21, 2003 to submit the Baxter Creek Final Plan.
Planning Staff would like to inform you that you may amend an aspect of the preliminary PUD plan
administratively, in accordance with the proposed zone text amendments. Contingent upon final City
Commission adoption of the text amendments, 30 days after the second reading of the ordinances, the
amendments would allow you to reduce yard setbacks. Attached, please find a copy of the proposed
amendments that relate to the Business Park District. These proposed amendments are also available
online at www.bozeman.net.
If you have any questions or concerns, or if our office can be of any further assistance, please feel free to
contact me.
S'ncerely,
)�.isan Kozub
CC: Andy Epple, Director of Planning & Community Development
BOZEMAN
a CITY-CONTY'
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-Co nn�y P.O.BOX 640,BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406) 582.2363
June 25, 1999
Stcvc Olson
1805 West Dickerson Street, No. I
Bozeman, MT 59715
RE: Baxter Creek Business Park Subdivision and PUD (Z-9939 and P-9907)
Dear Steve:
This is to officially advise you that the Bozeman City Commission, on a 5-0 vote, granted
conditional approval of the Baxter Creek Business Park Subdivision and Zoning PUD at their meeting
on June 21, 1999. Findings of Fact and Order will be issued by the Commission on the Subdivision,
which explains the Commission's findings in granting conditional approval of the subdivision,and also
lists the conditions of approval pertinent to the subdivision. Once signed by the Commission, this
document will be forwarded to you.
As you arc aware, the subdivision is contingent upon completion of the zoning Planned Unit
Development. If the conditions of the PUD arc not met, then the subdivision cannot occur. The
PUD was approved subject to the following conditions:
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amendcd/supplemcntcd on April 30, 1999. This approval includes the relaxation of the
following regulations. All provisions of the Subdivision and Zoning regulations which are not
specifically waived under this condition shall be complied with.
a. Reduction of the minimum lot size of BP, Business Park Zoning District from
one (1) acre to approximately three-quarters of an acre.
b. Reduction of setbacks from 35-foot front yards on interior streets for parking
and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear
and side yards for parking to 15 feet.
C. Reduction of the interior street right-of-way widths from 60-feet to 50-feet, as
conditioned to require the streets to not be dedicated right-of-way, but to be a
public access easement, owned and maintained by the property owners
association.
Steve Olson
June 25, 1999
Page 2
d. Reduction of the constructed width of interior streets from 37-feet to 30 feet.
e. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
f. To allow sidewalks adjacent to open space to be constructed within one year of
final plat filing, and sidewalks adjacent to lots to be constructed at the time the
lots are constructed on, or within three years of final plat filing, whichever
occurs first.
2. The final PUD plan must be submitted to and be approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision. The
developer shall have two (2) years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
3. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Bozeman Zoning Ordinance. An Improvements Agreement must be signed by the applicant
prior to final PUD plan approval. No building permits will be issued until the Final PUD
Plan is approved and all required on-site and off-site water, sewer, street and
transportation improvements are completed and accepted by the City of Bozeman. If
occupancy of any structure within the development is to occur prior to completion of all
required improvements applicable to that lot/use, the Improvements Agreement shall be
financially guaranteed as outlined in the Zoning Ordinance to secure the improvements
required for the lot.
4. The landscape improvements within the US 191 and Baxter Creek corridor open space
corridors, including the picnic area, shall be installed or financially guaranteed prior to final
subdivision plat approval. If financially guaranteed, the improvements shall be completed
within nine months of plat approval. An Open Space Maintenance Plan shall be submitted
with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal
instrument setting for a plan for the permanent care and maintenance of open space and
recreational areas. This portion of the plan must be approved by the City attorney prior to
final PUD plan approval.
Steve Olson
June 25, 1999
Page 3
5. If acceptable by the City Engineer, the sidewalks installed along Competition Drive may be
installed in a curvilinear fashion.
6. A crosswalk shall be installed on Competition Drive at the location where the trail crosses the
street. The crosswalk design shall include a change in pavement, and the location and
materials/method used shall be approved by the City Engineer during review of the Plans and
Specifications for the infrastructure.
7. The Covenants/Design Guidelines shall be amended as follows(in addition to the amendments
noted in the applicant's supplement):
A. Page 3. Section 1.5, Common Areas: Amend reference of"Enterprise Drive" to
"Competition Drive", add Norton Street and the new street at the east edge of Lot 7.
B. Amend Section VI, oage 28. sign guidelines, to ensure the sign styles are compatible
throughout the development with regard to design and illumination.
C. Add a section that explains that adjoining uses may be agricultural in nature, and the
effects such use may have on the subdOision.
D. Add to the supplement regarding lighting to require the use of a standard parking lot
light fixture throughout the development.
E. Page 8. Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that "low traffic-generating retail uses (100 off-site ADT/acre
maximum) offering specialized sales, supplies, and services" be added, which is
comparable to what is permitted in the Billion Auto Plaza Subdivision.
Book and stationery store Building materials sales
Cigar and tobacco store Clothing and costume sales/rental
Department store Dry Cleaning and Laundry
Dry goods and notion store Furniture store
Garden supply store Retail uses in addition to principal uses
Variety store
In addition,the list shall be amended to clarify that only small animal veterinary clinics
are permissible uses within the PUD.
Steve Olson
June 25, 1999
Page 4
F. Page 11, Sub-section d, Building Envelope: Delete reference to motel purpose
canopies, as that use is not permitted.
G. Page 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
H. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
I. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
8. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
As noted in condition 2, the final site plan for the PUD must be submitted within two years
of the Commission's approval, or by June 21, 2001, unless an extension is requested in writing, and
granted. Again, the final site plan for the PUD must be approved before the final plat for the
subdivision can be approved.
Should you have questions regarding the final site plan process or any of the conditions of
approval, please feel free to call me.
Sincerely,
j
Debbie Arkell
Assistant Planning Director
cc: Jack Schunke, Morrison-Maierle, Inc.
Mike Potter, PC Development
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21 . The proposed 25-foot wide right-of-way at the east side of Lot 7 shall be
increased to a 50-foot wide public access easement to provide adequate
access to the property to the north, unless a 25-foot wide public access
easement is obtained from the property owner to the north. A copy of'the
recorded easement shall be submitted with the final plat application. This
street shall be named and constructed to the same standard as Norton
Street and Competition Drive.
I
22. During construction of the infrastructure for the subdivision, mechanical
or electrical devices which create a loud, raucous or pulsating sound shall
not be operated between the hours of 9:00 p.m. and 7:00 a.m. of the
following day if the noise emanating from the device(s) unreasonably
interferes with the health, comfort, safety or welfare of any inhabited
dwelling unit in the surrounding area. Vehicles and equipment utilized to
clear snow are exempted from this condition.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor.Stiff;
those voting No, none.
ConditionallUse- Permit- for Planned Unit Development -Vaoxwteri Cr"eek'Business Park - eight
commercial lot planned unit development on 17.56-acre tract located in the NE'/4, Section 9,
T2S, R5E - Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr. (north
side of US 191, west of Cottonwood Road) (499391 >
This was the time and place set for continued review of the Conditional Use Permit for
the Baxter Creek Business Park Planned Unit Development as requested by Montana Ranch
Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. Z-9939, for
an eight-lot commercial planned unit development on a 17.56-acre tract located in the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana Principal
Meridian. The subject property is more commonly located along the north side of US Highway
I
191, west of Cottonwood Road.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that this
application is for a planned unit development on the property which was the subject of the
preliminary plat in the previous agenda item. She reminded the Commission that when the
zoning on the Valley West Annexation was established, the applicants sought a "13-2",
Community Business, zoning designation; however, the Commission denied that request and,
instead, established a "BP", Business Park, zoning designation on the subject parcel. She noted
that, at the time, the Commission recognized the applicant's desire to construct an automobile
dealership on this site and determined it would be most appropriate to allow it under a planned
unit development.
The Assistant Planning Director stated that the initial list of uses submitted by the
applicant was almost identical to the "B-2" uses listed in the zone code. She indicated that
several of those uses were eliminated between the time the application was submitted and
now; however, several more uses are to be eliminated under the conditions recommended by
the Planning Board.
Assistant Planning Director Arkell stated that under this planned unit development
application, the building envelope and general parking configuration for each lot are identified
and, if the proposed development of a lot is to be completed in compliance with this plan and
the development guidelines, the applicant may apply for a building permit, bypassing the zoning
review processes. She noted that if the applicant wishes to construct a project not in
compliance with the plan submitted in conjunction with this application or not in compliance
with the development guidelines, then the zoning review process is triggered.
The Assistant Planning Director stated that the City-County Planning Board conducted
its public hearing on this application at its June 2 meeting. Following that public hearing and
consideration of the criteria and the staff findings as contained in the written staff report, the
Board concurred in staff's recommendations for approval, subject to eight conditions.
06-21-99
- 7 - '
Transportation, that will bring the level of service of the Cottonwood
Road/Huffine Lane and the Competition Drive/Huffine Lane intersections
up to a minimum level of service of "D". The level of service with the
mitigating measures in place will be certified by the applicant's engineer
to the City. No construction shall begin until such time as the plans for
these upgrades are approved and further, no building permits will be
approved until the upgrades have been implemented.
16. The applicant shall complete a warrant analysis for the intersection of
Cottonwood Road and Huffine Lane. If a signal is warranted, the signal
shall be in place prior final plat approval. As an alternative, the Final Plat
may be approved if the signal is financially guaranteed in an amount of
150% of the estimated cost of the entire signalization, but under no
circumstance will building permits be issued until the,signal is in place.
If a signal is not warranted at this time, the applicant shall file with the
Clerk and Recorder's Office an executed Waiver, of Right to Protest
Creation of an SID for the signalization. The document filed shall specify
that in the event an SID is not utilized for/the completion of this
improvement, 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.
Additionally, if the signal is not warranted,/ 20% of one and a half times
the estimated cost of a signal shall be/,financially guaranteed by the
developer until such time as the lawsuit on impact fees is resolved. If the
currently scheduled value of impact fees,/are determined to be enforceable,
the financial guarantee shall be released.
17. The applicant shall obtain an access permit from the Montana Department
of Transportation for Competition Drive and comply with all requirements
of the permit in addition to the 'other conditions of preliminary plat
approval. A copy of the access permit shall be submitted to the City
Engineer prior to construction of Competition Drive.
18. A note shall be added to the fin a!l' plat that references the presence of high
groundwater in the area, and/that structures with basements are not
recommended.
19. A 25-foot wide public trail easement shall be shown on the final plat, with
the easement being located on one side of the Baxter Creek corridor open
space. The developer shall construct a five-foot wide trail surfaced with
natural fines within the/easement, and the trail shall align to connect with
the trail originating at/Huffine Lane and continuing north along the west
side of the trail to be constructed in the Billion Auto Plaza subdivision. If
the trail corridor and trail cross the creek, a foot bridge shall be installed
by the developer after appropriate permits are obtained (310, 404, etc.).
The design of the bridge shall be approved by the Recreation and Parks
Advisory Board prioe to construction. The trail shall either be constructed
or financially/guaranteed prior to final plat approval. If financially
guaranteed, the trail shall be installed within nine (9) months of final plat
approval.
20. All contractors shall be advised by the subdivider that all construction
related traffic associated with the development of and within the Baxter
Creek Business Park shall be routed to and from the site via Huffine Lane,
and that West Babcock Street east of Ferguson Road, and none of Durston
Road be shall be utilized for construction traffic, with the exception of
construction traffic from the Valley West gravel pit to the site.
06-21-99
Mr. Mike Potter, representing the applicants, characterized this planned unit development
as being similar to the Valley Commons Planned Unit Development and the Parkway Plaza
Planned Unit Development. He noted that, as a result of their prior experiences, it seems to
make sense to seek a relaxation of the front yard setbacks, with more open space then being
provided along the creek. He voiced his appreciation for the City allowing additional parkland
to be dedicated for Bronken Park in conjunction with this development, and asked that the
requested relaxations of the planned unit development standards be approved so that the open
space can provide the greatest benefit possible. He assured the Commission that gaining
efficiency with the setbacks will not compromise the overall developmea and that the
architectural guidelines and landscaping requirements will still be met.
No one was present to speak in opposition to the requested Conditional Use Permit.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the Conditional Use Permit for the Baxter Creek Business Park Planned
Unit Development as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and
Gardiner Green, Jr., under Application No. Z-9939, for an eight-lot commercial planned unit
development on a 11.56-acre tract located in the Northeast one-quarter of Section 9, Township
2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions:
1 . The approval of this subdivision/zoning PUD is based on the proposal
contained in the submittal application received by the City-County Planning
Office on March 30, 1999, as amended/supplemented on April 30, 1999.
This approval includes the relaxation of the following regulations. All
provisions of the subdivision and zoning regulations which are not
specifically waived under this condition shall be complied with.
a. Reduction of the minimum lot size of "BP", Business Park
Zoning District from one (1) acre to approximately three-
quarters of an acre.
b. Reduction of setbacks from 35-foot front yards on interior
streets for parking and buildings to 25 feet for buildings and
10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
C. Reduction of the interior street right-of-way widths from 60
feet to 50 feet, as conditioned to require the streets to not
be dedicated right-of-way, but to be a public access
easement, owned and maintained by the Property Owners'
Association.
d. Reduction of the constructed width of interior streets from
37 feet to 30 feet.
e. Allow Lots 5 and 6 to have less than the required 150-fool
street frontage.
i
f. Allow sidewalks adjacent to open space to be constructed
within one year of final plat filing, and sidewalks adjacent to
lots to be constructed at the time the lots are constructed
on, or within three years of final plat filing, whichever occurs
first.
2. The final PUD plan must be submitted to and be approved by the City, and
the approved Development Guidelines and Covenants filed with the final
plat of the subdivision. The developer shall have two (2) years from the
date of preliminary approval to complete the conditions, conform to all
regulations, and submit a complete application for final PUD plan approval.
This approval period may be extended by the City Commission upon
request of the applicant for a period to not exceed a total of five (5) years.
06-21-99
_ 10 -
5
3. Seven copies of the final PUD plan showing how all conditions of approval
will be addressed must be submitted. This submittal must include final
Development Guidelines and Covenants, which must be filed at the Clerk
and Recorder's Office, and a final landscape/open space plan. The final
plan must comply with the submittal requirements of the appropriate
section of the Bozeman Municipal Code. An Improvements Agreement
must be signed by the applicant prior to final PUD plan approval. No
building permits will be issued until the Final PUD Plan is approved and all
required on-site and off-site water, sewer, street and transportation
improvements are completed and accepted by the City of Bozeman. If
occupancy of any structure within the development is to occur prior to
completion of all required improvements applicable to that lot/use, the
Improvements Agreement shall be financially guaranteed as outlined in the
zoning ordinance to secure the improvements required for the lot.
4. The landscape improvements within the US 191 and Baxter Creek corridor
open space corridors, including the picnic area, shall be installed or
financially guaranteed prior to final subdivision plat approval. If financially
guaranteed, the improvements shall be completed within nine months of
plat approval. An Open Space Maintenance Plan shall be submitted with
the final PUD plan, as required in Section 18.54.060.C.4d, which creates
a legal instrument setting for a plan for the permanent care and
maintenance of open space and recreational areas. This portion of the
plan must be approved by the City Attorney prior to final PUD plan
approval.
5. If . acceptable by the City Engineer, the sidewalks installed along
Competition Drive may be installed in a curvilinear fashion.
6. A crosswalk shall be installed on Competition Drive at the location where
the trail crosses the street. The crosswalk design shall include a change
in pavement, and the location and materials/method used shall be
approved by the City 'Engineer during review . of the plans and
specifications for the infrastructure.
7. The Covenants/Design Guidelines shall be amended as follows (in addition
to the amendments noted in the applicant's supplement):
a. Page 3, Section 1.5, Common Areas: Amend reference of
"Enterprise Drive"to "Competition Drive", add Norton Street
and the new street at the east edge of Lot 7.
b. Amend Section VI, Page 28, Sign Guidelines, to ensure the
sign styles are compatible throughout the development with
regard to design and illumination.
C. Add a section that explains that adjoining uses may be
agricultural in nature, and the effects such use may have on
the subdivision.
d. Add to the supplement regarding lighting to require the use
of a standard parking lot light fixture throughout the
development.
e. Page 8, Permissible Uses for Lots 1-9: The use list included
in the supplement shall be further revised to eliminate the
following uses, as they are uses not necessarily compatible
to auto related businesses. In exchange for these deletions,
staff recommends that "low traffic-generating retail uses
(100 off-site ADT/acre maximum) offering specialized sales,
supplies, and services" be added, which is comparable to
what is permitted in the.Billion Auto Plaza Subdivision.
06-21-99
Book and stationery store
Building materials sales
Cigar and tobacco store
Clothing and costume sales/rental
Department store
Dry cleaning and laundry
Dry goods and notion store
Furniture store
Garden supply store
Retail uses in addition to principal uses
Variety store
In addition, the list shall be amended to clarify that only
small animal veterinary clinics are permissible uses within
the PUD.
f. Page 11 . Sub-section d, Building Envelope: Delete reference
to motel purpose canopies, as that use is not permitted.
g. Page 13, Section 3, Parking Reguirements: Eliminate the
reference to the Code section of the Zone Code, and just
refer to the Code.
h. Page 21, Section 12, Installation of Common Improvements:
Amend to reflect the time periods permitted by the City
Commission for the installation of improvements.
i. The Covenants shall be amended to include the City of
Bozeman as a party to the covenants to ensure that the
Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall
be a party to those provisions in the Covenants relating to
architectural design, signs, and landscape guidelines.
8. The parkland that is to be added to the Bronken Park as proffered by the
developer in exchange for the variance to reduce the on-site open space
percentage, shall be dedicated to the City of Bozeman prior to final PUD
site plan approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff;
those voting No, none.
Ordinance No. 1495 - vacating and abandoning those street and utility easements across
Tracts 4A and 4B, Certificate of Survey No. 1215A, and Tract 1 B, Certificate of Survey No.
1215B (extending eastward from North 19th Avenue at approximately the mid-point between
West Oak Street and Baxter Lane)
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1495,
as approved by the City Attorney, entitled:.
ORDINANCE NO. 1495
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THOSE STREET AND UTILITY
EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO.
1215A, AND TRACT 1 B, CERTIFICATE OF SURVEY NO. 1215B, EXTENDING
EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID-POINT
BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEIMAN,
MONTANA.
06-21-99
City Manager Johnson noted that this vacation of street and utility easements has been
requested because the street has been realigned. He then stated that the new easements are
listed on the consent agenda.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Ordinance No. 1495, vacating and abandoning street and utility easements extending eastward
from North 19th Avenue at approximately the mid-point between West Oak Street and Baxter
Lane, be finally adopted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner
Youngman and Mayor Stiff; those voting No, none.
Ordinance No. 1497 - amending Chapters 13.12 and 13.16 of the Bozeman Municipal Code,
to establish City's responsibilities and customers' responsibilities for maintenance of service
lines, meters, curb boxes, fire lines and backflow valves, and providing for rates for water
consumption to be set by resolution
Included in the Commissioners' packets was a copy of Ordinance No. 1497, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1497
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 13.12.320, 13.12.330, 13.12.340, 13.16.010 AND
ADDING SECTIONS 13.12.322, 13.12.323, 13.12.324, AND 13.12.375
PROVIDING FOR THE CITY TO MAINTAIN SERVICE LINES FROM THE MAIN
WATER LINE TO THE CURB BOX, REQUIRING NEW PROPERTY OWNERS
MAINTAIN THEIR SERVICE LINES FROM THE CURB BOX TO THE METER,
PROVIDING FOR THE CITY'S RESPONSIBILITY FOR MAINTENANCE OF METERS,
AND PROVIDING FOR RATES FOR WATER CONSUMPTION TO BE SET BY
RESOLUTION.
Director of Public Service Phill Forbes noted that Bozeman is the last of the big cities in
Montana to maintain lines on private properties and, under this ordinance,the responsibility will
be placed on the property owner. He stressed that this ordinance does not include a blanket
retroactive provision; rather, it applies to new services and new owners of existing services.
He also noted that it requires connection to City services for domestic services only, if the
property is within city limits and within 100 feet of a main. He characterized this ordinance
as an interim provision while comprehensive rewrites of the water and sewer ordinances are
being undertaken.
Commissioner Rudberg voiced her concerns with this ordinance, which include the
requirement to connect to City water if the property is within 100 feet of a main and concerns
about future Commissions. She noted that .wholly surrounded properties benefit from City
services without paying City taxes; however, she is concerned about forced annexation and
subsequently forcing connection to City services. She then stressed the importance of working
with the City-County Health Board.
Director of Public Service Forbes noted that the Commission controls the annexation
process, so he does not envision that issue becoming a problem.' He then indicated that one
of the reasons staff is requesting this provision is to preclude the potential of people
disconnecting from the City water system and using wells for domestic and irrigation purposes.
He characterized connecting to the City water system as buying into a system that protects
health and provides fire protection.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Ordinance No. 1497, amending Chapters 13.12 and 13.16 of the Bozeman Municipal Code,
to establish City's responsibilities and customers' responsibilities for maintenance of service
lines, meters, curb boxes, fire lines and backflow valves, and providing for rates for water
consumption to be set by resolution, be provisionally adopted and that it be brought back in
two weeks for final adoption. The motion carried by the following Aye and No vote: those
06-21-99
0
MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 14, 1999
The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, June 14, 1999, at 3:00 p.m. Present were
Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner
Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk
of the Commission Sullivan.
The meeting was opened with the roll call, Pledge of Allegiance and a moment of
silence.
Agenda Meeting - for regular meeting and public hearings to be held on June 21, 1999
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Johnson briefly reviewed the background information which was included
in the Commissioners' packets.
P q 60�(4) Senior Planner Dave Skelton gave an overview of the requested modification of
Condition No. 12 for the first four phases of the preliminary plat for Harvest Creek Subdivision.
He noted that, under the modification of this condition, as recommended by the City-County
Planning Board, the applicant would be able to draw building permits and occupancy permits
for up to 50 percent of the 58 single-family residential lots in Phase I prior to installation of the
signalization improvements at North 19th Avenue and Durston Road.
Responding to Commissioner Rudberg, the Senior Planner stated that the improvements
to the intersection include geometrics as well as the timing of the light and addition of left turn
signals.
Commissioner Rudberg asked that a copy of the map be forwarded in next week's
Commission packets.
Commissioner Frost asked that the Commissioners also be given the traffic numbers for
the first phase of the subdivision.
Assistant Planning Director Debbie Arkell gave an overview of this preliminary
plat, under which 17 acres will be subdivided into eight lots for commercial development. She
noted that the subdivision is accompanied by a conditional use permit for a planned unit
development, which is the subject of the next agenda item, and includes several requested
relaxations to both the subdivision and zoning regulations. She then noted that one of the
major issues discussed during review of this application before the Development Review
Committee was the level of service for left turns between Huffine Lane and Cottonwood Road.
3
(6)" Assistant Planning Director Arkell stated that the main issue under this agenda
item is""the use list for the planned unit development. She noted the original list was the same
as the list of "B-2" uses in the code and, as a result of working with staff, the applicant has
deleted some of the uses; however, she noted that under the recommended conditions, even
more uses are to be eliminated.
(8) Director of Public Service Phill Forbes briefly reviewed the provisions of this
ordinance, noting that Bozeman is the last large municipality to provide maintenance of an
individual service line from the main to the house, including the meter. He reminded the
i ��=tiff�•.. . , 06-14-99
I
Preliminary plat - Baxter Creek Business Park - subdivide 17.56-acre tract located in the NE'/4,
Section 9, T2S, R5E, for development of an eight commercial lot planned unit development -
Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr. (north side of US
191, west of Cottonwood Road) (P-9907)
This was the time and place set for review of the preliminary plat for Baxter Creek
Business Park, as requested by Montana Ranch Properties, Inc.; Triple Tree, L.L.C.; and
Gardiner Green, Jr., under Application No. P-9907, to subdivide a 17.56-acre tract located in
the Northeast one-quarter of Section 9,.Township 2 South, Range 5 East, Montana Principal
Meridian, into eight commercial lots. The subject property is more commonly located along the
north side of US Highway 191, west of Cottonwood Road.
Included in the Commissioners' packets was a memo from Assistant Planning Director.
Debbie Arkell, dated May 5, asking that this review be opened and continued to June 21 , since
the Planning Board will be considering it at their June 2 meeting.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that review
of the preliminary plat for the Baxter Creek Business Park be continued to June 21, to give the
City-County Planning Board an opportunity to conduct its public hearing and forward a
recommendation. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner
Smiley and Mayor Stiff; those voting No, none.
Conditional Use Permit for(Planned Unit Development - Baxter Creek Business Park - eight
commercial lot planned unit development on 17.56-acre tract located in the NE% Section 9
T2S, R5E - Montana Ranch Properties, Inc.; Triple Tree L.L.C.• and Gardiner Green Jr. (north
side of US 191, west of Cottonwood Road) ( 9)_;
This was the time and place set for review of the Conditional Use Permit for the Baxter
Creek Business Park Planned Unit Development as requested by Montana Ranch Properties,
Inc.; Triple Tree, L.L.C.; and Gardiner Green, Jr., under Application No. Z-9939, for an eight-lot
commercial planned unit development on a 17.56-acre tract located in the Northeast one-
quarter of Section 9, Township 2 South, Range 5 East, Montana Principal Meridian. The
subject property is more commonly located along the north side of US Highway 191 , west of
Cottonwood Road.
Included in the Commissioners' packets was a memo from Assistant Planning Director
Debbie Arkell, dated May 5, asking that this review be opened and continued to June 21 , since
the Planning Board will be considering it at their June 2 meeting.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
review of the Conditional Use Permit for the Baxter Creek Business Park Planned Unit
Development be continued to June 21, to give the City-County Planning Board an opportunity
to conduct its public hearing and forward a recommendation. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No,
none.
Preliminary plat - West Park Manor Townhouse Minor Subdivision - subdivide 8,190-square-
foot lot described as Lot 3, Block 1, West Park Manor, into two townhouse lots - Western
General Enterprises Revocable Trust (P-9910)
This was the time and place set for the public hearing on the preliminary plat for West
Park Manor Townhouse Minor Subdivision, as requested by Westland General Enterprises
Revocable Trust under Application No. P-9910, to subdivide Lot 3, Block 1, West Park Manor
Subdivision into two townhouse lots. The subject property is known as 309 and 311 North
19th Avenue.
05-17-99
1
• `YT` � r,, r l
1 �• {3� �7J � � J
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 17, 1999
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, May 17, 1999, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that Commission Resolution No. 3289, relating to the
SID No. 664 bonds, be removed from the agenda, noting it will be rescheduled for a later date.
Minutes - September 8, 1998, April 5, April 19, April 26 May 3 and May 10 1999
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of May 3 and May 10, 1999, be approved as submitted. The motion
carried by the. following Aye and No vote: those voting 'Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those
voting No, none.
Mayor Stiff deferred action on the minutes of the meetings of September 8, 1998, and
April 5, April 19 and April 26, 1999, to a later date.
Presentation from Bozeman Police Department; Proclamation - "Buckle Up Bozeman Week" -
May 24-31, 1999
Included in the Commissioners' packets was a copy of the proclamation designating May
24 through 31, 1999, as "Buckle Up Bozeman Week".
At Mayor Stiff's request, Clerk of the Commission Sullivan read the proclamation.
Assistant Police Chief Bill Kayser stated that the Police Department has received a grant
from the Montana Department of Transportation to .help educate citizens on the proper use of
child safety seats. He noted the grant also contains a Selective Traffic Enforcement Program
(STEP) component that will target aggressive drivers.
Responding to Commissioner Rudberg,the Assistant Police Chief stated that not wearing
a seat belt remains a secondary offense; however, police can stop a driver who has an
unrestrained child in the car. He then rsuggested that the combined program should help to
address the aggressive driver and the unbelted adult as well as the unrestrained child, thus
leading to a safer community.
Commissioner Rudberg voiced her appreciation for the newspaper column being written
by the Police Department, stating she feels it has been well done and is a positive step in
communicating with the community.
The Commissioners concurred in the Mayor's proclamation.
i,
Fz.
05-17-99
Z- 9
Ms. Rughei ner noted the downtown needs to be kept as healthy as possible. She asked if
there is a parking shortage or it is perceived. She noted this is a chance to cluster parking, and is
in support of the application to keep the downtown healthy and keep business downtown viable
with adequate parking. She added she would like to have statistics on the parking needs.
Mr. Vincent commented on the HRDC project and the businessmen who spoke in
opposition to the removal of parking from the alley. Nfr. Waite noted the parking near HRDC
was for loadina, and unloadina,. Mr. Vincent noted that there also was some Iona, tern parkin,
there and if-one more lot with 20 spaces could alleviate the businesses concern for employee
parkin„ perhaps the Board should support it.
Mr. Musser stated he feels the parking problem is more one of perception, however, there
will be a parking lot on the other two lots whether the third lot becomes one or not. He noted if
there is a perception of lack of parking downtown, then customers won't come. He stated the lot
can be buffered and he supports the application.
Mr. White noted the Parking Commission didn't come with statistics, a plan, or a verifiable
need for more parkin;. Vice-Chairperson Mitchell noted that when property is purchased, the
owners don't anticipate the changes in zoning and the change in property values.
MOTION: Mr. Vincent moved to recommend approval of application FZ-9962 as
presented in the Staff Report, Ms. Rua,heirner, seconded the motion.
Mr. Vincent noted that lot owners don't @ke people parking in their lot; if they are not
patronizing their business. He asked that the Board thin'.: of what is best for dow-ntown.
The motion failed on a 3-3 vote, with GIs. Rua,heimer. [ . Vincent, and N,.,Lr. Musser
voting for and Vice-Presideat Mitchell. N-fs. Wolfe. and Mr. Wt cite votive against. An unfavorable
recommendation will be forwarded to the City Commission for consideration at their June 21
public hearing.
(A short break was taken.)
D. Planned Unit Development -Z-9939 (Baxter Creek Business Park) A.Planned
Unit Development requested by Montana Ranch Properties, Inc., Triple Tree,
LLC, and Gardiner Green, Jr., to create eight lots for an auto dealership and auto
related and compatible businesses on property zoned BP (Business Park) and
located just west of and adjoining the Billion Auto Plaza Subdivision. (Arkelo
Assistant Planning Director Debbie Arkell presented the application, and reviewed the
applicant's request to relax certain Code sections. She reviewed the recommended conditions,
noting the starred conditions need further discussion by the Board, as they addressed issues raised
during the DRB meeting,.and because the DRB didn't have a quorum, the issues couldn't be
resolved.
Bozeman Cirl County Planning Board NGnutes-June 2. t999 6
Mr. Vincent inquired about the sidewalks within the open space. Planner Arkell stated-6
foot wide concrete sidewalks will be installed in the open space along U.S. 191 and a 5 foot wide
gravel trail will be constructed in the Baxter Creek Corridor. Mr. White asked if they have access
on U.S. 191. Planner Arkell noted they do, and it was set by the State'whea the road was
recently widened. Mr. White stated the proposed Montana Power lights are obtrusive and he
doesn't want to see them at this location. He asked if some of the storm water will end up at
Metcalfs. Mr. Vincent noted that Billion Auto Plaza encroaches on the setbacks with vehicles,
will this dealership be allowed to do this also. Planner Arkell noted some ofthe storm water will
probably end up on Nfetcalfs, however, k1r. Schuake will address that issue. She noted that the
encroachment at Billion Auto Plaza is as enforcement problem and the Code Enforcement Officer
visits them often. Mr. White discussed the superior water system at Billion Auto Plaza. He asked
if this project will be connected to Billion's water system. Planner Arkell noted that theBillioa
property is annexed and they signed a waiver to connect to City services when they become
available.
Mike Potter, consulting planner, noted that Jack Schuake will discuss the technical aspects
and Steve Olsen will discuss the construction issues. He concurred with Planner Arkell on the
items which need further discussion. and commended the dialope that has cakea place between
the deve'.oper and the Plaraing Once. He noted he is a partner in the Valley Commons
development, which taught him valuabie information for use in this development. He noted the
PUD creates a need for more financial backing than a Major Slice Plan.
Mr. Potter discussed the creek that flows through the property and how they worked
around the creek corridor to incornorace a trail along cad creek. He noted the 50 foot setback and
the 35 foot additional setback i--i front does work.. however. it pushes the usable space back. He
noted they used the setbacks to their advaacage, but, if they must use the smadard 35' setback
bevoad the right-of-wav, it is difficult to net a buildable lot. H: noted thev are in favor of the
reduction as proposed in the application, as the plan does not work if using standard setbacks. He
discussed the uses that had been stricken from the list or B-2 uses by them. Stab, and the ones
that the DFB suggested be added back in. He noted it is important to have a list of uses for
property owners as they often want to know what might be permitted next door.
Regarding the Montana Power lighting. LMPC has now come up with liahtin'a that meets City
code. He noted the lighting they installed in Valley Conunons is a heavy duty maintenance
problem and they prefer not to use it again.
Ms. Wolfe asked what happens if the reduction in yard setbacks isn't granted. NIr. Potter
noted that this proposal isn't a pure Business Park use. as the PUD allows targeting specific uses
for the property, and the trade-off is the additional open space. If the setback reduction is not
granted, they would likely do a standard Business Park subdivision with on open space. In
response to iV1s. Rugheimer, he noted fire trucks can access the parking lots.
Jack Schunke, Morrison-ivlaierle, Inc., discussed the storm water issue, noting they have
installed monitoring wells to establish a baseline for water quality for the Valley West Subdivision,
that the plan to continue monitoring to ensure the water quality will remain constant, :hat the
control of flow is done with retention/detention ponds, and that there are plenty of areas for these
ponds. He noted they are realigning Barter ditch, restoring and replanting wetlands. Mr. White
noted that he talked to Gary Metcalf three days ago, w ho stand they have not been contacted.
Bozeman Ciry Counry Planning Board Minutes.June'_. 1999 7
Mr. White noted the biggest concern for the Metcalf s is the runoff of vehicle effluents from the
streets. Mr. Schunke noted another earlier concern of the Metcalf s was an increase in sediments
in the ditch, which the engineering firm has alleviated by the installation of fabric to reduce
sediments and allow plants to flourish. He stated they have attempted to contact Mr. Metcalf
several times and will continue to work with them.
Mr. White asked for an explanation for the access onto Huffine Lane. Mr. Schunke noted
there is an approved approach, explained the process for constructing approaches, and noted that
MDOT is concerned with turning issues. He noted the installation of the signal light at Ferguson
Avenue and Huffine Lane has solved some of the traffic problems. He explained the traffic counts
that have been done and that the resulting gaps in traffic allow better turning movement. He
noted one problem is with left hand turning from Competition Drive onto Huffine Lane, and they
will work with MDOT and the engineers to upgrade the traffic at the intersection. He noted a
signal may need to be installed at Cottonwood Road and Commercial Drive, to which the Valley
West developers are receptive. He noted that Babcock Street is improved to Cottonwood Road,
and they plan to start on the improvements on Durston Road after the Fourth of July, which will
provide alternate routes.
i\/Ir. Vincent asked if the traffic studies are accurate at ti-us time of year as there is less
traffic in the area now. LNLr. Schunke noted a traffic count was done when the University was still
in sessioa and they will look at both studies.
.,L. Schunikc noted a concern of the applicant is that sidew-aLks are a long terra
improvement. therefore, he feels that the relaxation stated in cocditioa ..=1.fis necessary. He
continued that w'aZ^ side%vaLks ar installed pn'Or t0 COnStructi0^_. the construction vehicles tend
to crack them, and sidewa&3 tend to settle during development. NLr. Schuake stated when they
are installed after improvements are done. they will look the same in 30 to 410 years. He noted the
pay off is in the long term. He also noted they are working with Billion to get their water system
approved and certified by the City.
Mr. White asked for it'Ar. Schuake's opinion on the securiry aspect of the trail being placed
through a commercial property. Mr. Schunke noted it is an asset to the property and the owners
are not concerned with security.
iMs. Rugheimer asked if the sidewalk along U.S. 191 could be installed initially as no
traffic would be crossing it. iv�ir. Schuake noted it would be installed up front and clarified the
sidewalks in question are on the interior of the lots.
it
Vice-President iN itchell OPENED AND CLOSED THE PUBLIC COMMENT
PORTION of the meeting after hearing no public who wished to speak.
Ms. Ruaheimer asked Planner arkell to explain why the Planning Staff is not supporting
the reduction in setbacks. Planner Arkell noted she compared the setbacks in this project to the
setbacks in Billion Auto Plaza and with the intent of the BP district. She noted she also agrees
with the applicant's position with regard to the trade off of useable open space. Mr. Mitchell
asked who will maintain the open ace areas. Mr. Potter noted the property owners association
P P P P
will be responsible for maintenance of the open space areas. Ivir. Vincent asked for the
Bozeman Ciry County Planning Board Minutes-June 2. 1999 8
� q
composition of the landscaping in the boulevard. Mr. Potter noted it is proposed to be composed
of boulevard trees and grass. Ms. Rugheimer asked why they wanted to retain vet clinics in the
list of uses for the PUD. Steve Olsen explained that small animal vet clinics can't share a structure
with another use and need a free standing building. He noted that there is a lot of multifamily
zoned land in the Valley Nest annexation and this would be a convenient location for that use.
Nlr. Vincent noted it makes sense to delay the installation of the sidewalks as the City
engineers are supporting it. Mr. Mitchell concurred. Nfs. Rugheimer noted she is in favor of a
47
signal on Cottonwood Road and HuEfine Lane, acid a reduction in setbacks as propo ed by the
applicant, noting the reduced setbacks will not affect safety. After further discussion, the Board
agreed that the suggested deleted uses with double asterisks should be included in the list of uses.
Vice-President Mitchell commended the developers for using a PUD.
MOTION: Ms. Wolfe moved to recommend conditional approval of application RZ-9939
with conditions as recommeaded by Staff, utilizing the second proposed condition #rl.b, including
condition:1Lf, and for condition n7.e to include the starred items as permitted uses. The motion
was seconded by Ms. Rugheimer. Mr. White asked if the motion includes the right-o--ways for
private streets. Planner Arkell noted the right-of-ways are included in condition=1. The motion
carried 6-0. The recommendation of the Board will be forwarded to the City Commissioa for
their June 21 meeting.
E. Major Subdivision -P-9907 (Baxter Creek Business Park) A Major Subdivision.
Preliminary Plat, requested by Ntoataaa Ranch Properties, Inc., Triple Tree, LLC,
and Gardiner Grcen. Jr., to allow the subdivision of 17.56 acres into eight (8) lots
for commercial development through a PUD on property zoned BP (Business
Park) and located just west of-and adjoining the Billion Auto Plaza Subdivision.
(�trkell)
Assistant Planning Director Debbie Arkell presented the application, noting the main issue
is the level of service from Hufftne Lane to Competition Drive acid Cottonwood Road. She
reviewed the DRC's discussion of the street width and right-of way, and the needed modifications
to conditions -1 and 910 based on the previous vote on the zoning Planned Unit Development.
Ntr. White asked if condition-16 can require a left turn arrow. Planner Arkell noted the
warrant study will determine if the left turn arrow is needed. ivlr. White stated without a turn
arrow, the traffic will be snarled and the Light useless.
Mr. Potter noted that Planner Arkell has delineated the changes that are needed to bring
the conditions into compliance with the PAD and he would answer questions.
Vice-Chairperson Mitchell asked if the applicant'would have done a PUD if he had known
he would be paying full impact fees. Mr. Potter noted that the applicant is not in opposition to
impact fees and he doesn't know if they would have done a PUD. Planner Arkell noted that full
impact fees will be assessed as the project will not have been-issued a building permit prior to the
deadline that allows a reduced payment. '.
Bozeman City County Planning Board'Aioutes-June 2. 1999 9
i
Baxter Creek Business Park PUD
RESOLUTION #Z-9939
RESOLUTION OF THE BOZEMAN CITY-COUNTY PLANNING BOARD
RECOMMENDING APPROVAL TO ALLOW THE DEVELOPMENT OF A
PLANNED UNIT DEVELOPMENT FOR AN EIGHT (8) LOT COMMERCIAL
BUSINESS PARK SUBDIVISION
----------------------------------------------------------------------------------------------------------------------
WHEREAS, the City of Bozeman and the Gallatin County Commission have adopted a
Master Plan pursuant to 76-1-604, M.C.A.: and
WHEREAS,the Bozeman City-County Planning Board has been created by Resolution ofthe
Bozeman City Commission and Gallatin County Commission as provided for in Title 76-1-101,
M.C.A., and a jurisdictional area created under 76-1-504, M.C.A.; and
WHEREAS, the Bozeman City-County Planning Board has been designated by the City
Commission to serve as the Bozeman Zoning Commission as provided in 76-1-108, M.C.A.; and
WHEREAS, Montana Ranch Properties, Inc., 8.333% interest; Triple Tree, LLC, 8.333%
interest: and Gardiner Green, Jr., 83.334% interest, applicants, submitted a Conditional Use Permit
application to create eight commercial lots on 17.56 acres as a Planned Unit Development on
property located in the Northeast Quarter of Section 9, T2S, R5E, P.M.M., City of Bozeman,
Montana, described as being on the west edge of the Valley West Annexation, just west of and
adjoining the Billion Auto Plaza Subdivision. and
WHEREAS, the proposed Conditional Use Permit application has been properly submitted,
reviewed, and advertised in accordance with the procedures of Chapters 18.53 and 18.54 of the City
of Bozeman Zoning Code: and-
WHEREAS, the Bozeman City-County Planning Board reviewed the proposed Conditional
Use Permit at its public meeting on Wednesday, June 2, 1999, to review all testimony on said
proposal; and
WHEREAS, no members of the public were present to testify on the proposed application,
and no letters either in support of or in opposition to the development were received; and
WHEREAS, the City-County Planning Board reviewed the requested relaxations of the
zoning and subdivision regulations being requested with the application, and found that all of the
requested relaxations could be supported: and
1
r�
WHEREAS,the Board reviewed the proposed allowable list of uses for the development and
found that several uses requested by the applicant but suggested by the Planning Staff to be eliminated
were compatible with the intent of the PLTD and should be permitted. and
WHEREAS, the Bozeman City-County Planning Board found that, with conditions, the
application complies with the approval criteria established in Chapter 18.53 and 18.54 of the
Bozeman Zoning Code as outlined in the Staff Report.
NOW, THEREFORE, BE IT RESOLVED, that the Bozeman City-County Planning Board
on a vote of 6-0 recommends to the Bozeman City Commission that the Planned Unit Development
Application to allow the development of the Baxter Creek Business Park Planned Unit Development
be approved subject to the following conditions:
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the
following regulations. All provisions of the Subdixision and Zoning regulations wbich are not
specifically waived under this condition shall be complied with.
a. Reduction of the minimum lot size of BP, Business Park Zoning District from
one (1) acre to approximately three-quarters of an acre.
b. Reduction of setbacks from 35-foot front yards on interior streets for parking
and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear
and side yards for parking to 15 feet. ;F
C. Reduction of the interior street right-of-way widths from 60-feet to 50-feet, as
conditioned to require the streets to not be dedicated right-of-way, but to be a
public access easement, owned and maintained by the property owners
association.
d. Reduction of the constructed width of interior streets from 37-feet to 30 feet.
e. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
f. To allow sidewalks adjacent to open space to be constructed within one year of
final plat filing, and sidewalks adjacent to lots to be constructed at the time the
lots are constructed on, or within three years of final plat filing, whichever
occurs first.
2
2. The final PUD plan must be submitted to and be approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision. The
developer shall have two (2) years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
3. Seven copies of the final PUD plan showing,how all conditions of approval will be addressed
P P � PP
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office, and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Bozeman Zoning Ordinance. An Improvements Agreement must be signed by the applicant
prior to final PUD plan approval. No building permits will be issued until the Final PUD
Plan is approved and all required on-site and off-site Hater, sewer, street and
transportation improvements are completed and accepted by the City of Bozeman. If
occupancy of any structure within the development is to occur prior to completion of al'
required improvements applicable to that lot/use, the Improvements Agreement shall be
financially guaranteed as outlined in the Zoning Ordinance to secure the'improvements
required for the lot.
The landscape improvements Nvifhin tthe C-S-191 and-Baxter_Creek corridor-open-space7
Gcorridors, including the picnic area, shall'bz uistalled-or�financially�g-steed pn`o_r to finalf
`ubdi-visy ion plat approval'If financially'guaranteed-the improvements shall be completed
,within-nine months of plat_appro�•al:�n Open Space Maintenance Plan shall be submitted
with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal
instrument setting for a plan for the permanent care and maintenance of open space and
recreational areas. This portion of the plan must be approved by the City attorney prior to
final PUD plan approval.
5. If acceptable by the City Engineer, the sidewalks installed along Competition Drive may be
installed in a curvilinear fashion.
6. A crosswalk shall be installed on Competition Drive at the location where the trail crosses the
street. The crosswalk design shall include a change in pavement, and the location and
materials/method used shall be approved by the City Engineer during review of the Plans and
Specifications for the infrastructure.
The Cove n s/DesignGuidelines shall be amended as follows(in addition to the amendments
noted in the applicant's supplement): f
3
A. Pa.Re 3, Section 1.5, Common Areas: Amend reference of"Enterprise Drive" to
"Competition Drive",add Norton Street and the new street at the east edge of Lot 7.
B. Amend Section VI,page 28. sign guidelines, to ensure the sign styles are compatible
throughout the development with regard to design and illumination.
C. Add a section that explains that adjoining uses may be agricultural in nature, and the
effects such use may have on the subdivision.
D. Add to the supplement regarding lighting to require the use of a standard parking lot
light fixture throughout the development.
E. Pagel. P:missible Uses-for1ots-1--9:The-use.list included in the supplement shall
be further revised to eliminate the follo�rin`�cr uses. as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that "low traffic-generating retail uses (100 off-site ADT/acre
maximum) offering specialized sales, supplies, and services" be added, which is
comparable to what is permitted in the Billion Auto Plaza Subdivision.
Book and stationery store Buildins materials sales
Cigar and tobacco store Clothing and costume sales/rental
Department store Dry Cleaning and Laundry
Dry goods and notion store Furniture store
Garden supply store Retail uses in addition to principal uses
Variety store
In addition,the list shall be amended to clarify that only small animal veterinary clinics
are permissible uses within the PUD.
F. Page 11. Sub-section d. Building Envelope: Delete reference to motel purpose
canopies, as that use is not permitted.
G. Paize 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
H. Page 21. Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
4
I. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
8. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
DATED THIS 2ND DAY OF JUKE, 1999. Resolution#Z-9939.
J
Andrew C. Epple, Director Bill Mitchell, Vice-President
City-County Planning Office City-County Planning Board
I
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ITEM: ZONING APPLICATION Z-9939 -- A CONDITIONAL USE PERMIT
APPLICATION TO ALLOW THE DEVELOPMENT OF A PLANNED
UNIT DEVELOPMENT FOR AN EIGHT (8) LOT COMMERCIAL
BUSINESS PARK SUBDIVISION
APPLICANT: MONTANA RANCH PROPERTIES, INC., 8.333% INTEREST
TRIPLE TREE, LLC, 8.333% INTEREST
GARDINER GREEN, JR., 83.334 % INTEREST
c/o STEVE OLSON
1805 WEST DICKERSON
f BOZEMAN, MT 59715
DATE/TIME: PLANNING BOARD PUBLIC HEARING, WEDNESDAY, JUNE 2,
1999 AT 7:00 P.M. IN THE COMMISSION MEETING ROOM, CITY
HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA.
RECOMMENDATION TO THE CITY COMMISSION FOR A PUBLIC
MEETING ON MONDAY, JUNE 21, 1999, 3:00 P.M.
REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF (D. ARKELL)
RECOMMENDATION: CONDITIONAL APPROVAL
The recommendation of the Planning Board will be forwarded to the Bozeman City
Commission, who will consider the application at the 3:00 p.m. meeting on Monday,June 21,
1999. Additional public testimony on the Planned Unit Development will be taken at that
meetinil.
PROJECT OVERVIEW
The binder submitted with the application includes supplemental information that was submitted to
answer Staffquestions/concerns about the project. The supplemental information is found in the very
front of the binder,along with a copy of the issues addressed. This supplementary information is now
considered part of the application.
Application has been made for a Conditional Use Permit for a Planned Unit Development in
conjunction with a preliminary plat Planned Unit Development. The 17.56 acreproject is located
west of and adjoining the Billion Auto Plaza Subdivision, and is on the very west edge of the Valley
West Annexation.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page I
If approved, the application will provide an approved Master Plan with Developmental Guidelines,
and set the building envelopes for an eight lot commercial subdivision, and approve the preliminary
subdivision plat for the project. '
The proposal will provide a 50-foot wide open space corridor along U.S. 191,with a 35-foot building
and parking setback beyond that corridor, and a corridor along Baxter Creek. A 6-foot wide
concrete pedestrian way and landscaping are proposed within US 191 corridor,as are a five foot wide
gravel path and natural vegetation, including 18 trees, along Baxter Creek. A common picnic area
will also be developed within the creek corridor.
The streets within the development are proposed to be constructed within a 50-foot wide dedicated
right of way to a 30-foot wide width with curb, gutter and sidewalks. Th streets will connect with
Competition Drive in the Billion Auto Plaza Subdivision, and intersecti US 191.1 Access will be
provided to the unsubdivided land to the north and west. e D' ector f Pub ' Servi andJald
Engineer are - ending, throu ��5d3�'si�on review t a the treets be priv to strees
't public access e t rr td' t the not be dedic ted t pu e; as y will ne
c tructed to a - e wide standard.
CODE RELAXATIONS
The intent of a Planned Unit Development is to provide maximum flexibility and innovation in the
development of land while ensuring the protection of the public health, safety, and welfare. To
achieve this intent, the Zoning and Subdivision regulations become guidelines. , The following
relaxations of the Regulations are being proposed with this submittal. Planning Staff, Development
Review Committee, and Design Review Board member support/non-support of these variances,
follows. NOTE: A quorum of the Design Review Board was not present at the meeting scheduled
for their review of the project. The comments of the Board included in this report reflect the
comments made by the two members present.
A. Reduce minimum lot size of BP, Business Park Zoning District from one (1) acre to
approximately three-quarters of an acre.
This relaxation is supported, as all lots will share parking and drive accesses,
reducing the amount of area needed for parking and landscaping.
B. Increase the allowable maximum lot coverage to more than 60%. AND
C. Reduce setbacks from 35-foot front yards on interior streets for parking and buildings
to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 2
The Planning Staff only supports the 15-foot parking setback from interior
property lines, and from the north, east and west exterior boundaries of the
subdivision, as the reduction in setbacks, which increases the lot coverage, is not
consistent with the intent of the BP, Business Park Zoning District, which is to
"provide for high-quality settings and facilities...(to be)developed so as to recognize
the impact on surrounding or adjacent development and contribute to the overall
image of the community." Further,the reduced setbacks are not consistent with the
setbacks in the adjoining Billion Auto Plaza PUD;which are 35-feet from streets for
buildings and parking,25-feet from an interior property line for buildings and 15-feet
for parking. In addition,although the proposed 30-foot wide constructed street width
for the Baxter Creek PUD is the same as the Billion PUD, the streets in the Billion
PUD are within 60-foot rights-of-way, compared to the proposed 50-foot rights-of-
way in the Baxter Creek PUD. Thus, an additional 5-foot of setback will be lost on
each side of the street.
P
However, the Design Review Board members who reviewed the application
supported the request,given the fact that substantial usable open space is being set-
aside in the development,,and that usable open space should be a trade off in the
building and parking setback requirements. It was noted that wider setbacks, in
reality,are sometimes not well maintained,and a narrower setback provides adequate!
open lot area in a commercial development)It was also noted that because this is a
commercial PUD! active"play area" is not needed within the lots. ,
D. Reduce the right-of-way widths for Competition Drive and North Street from 60-feet
to 50-feet.
Section 16.24.0301 of the Bozeman Area Subdivision Regulations requires any
internal street which does not meet the standards of the Regulations to be a private
street. The Director of Public Service and City Engineer concluded that if the internal
street rights-of-way are not going to meet city standards, then they should not be
accepted as City streets. =Thus, their recommendation during subdivision review is
that the streets be private streets, owned and maintained by the property owners,and
that they be constructed within public access easements and not dedicated rights-of-
way.
E. Reduce the constructed width of Competition Drive and Norton Street from 37-feet to
30 feet.
The Planning Staff deferred to the Director of Public Service and City Engineer,
regarding this issue, but expressed concern with the reduced width because parking
will occur on the street, regardless of signing, and if the streets are private streets,
parking would be controlled by the owners association. As noted in D, above, the
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 3
• 0
streets within the development will be private, and as such, can be constructed to a
30-foot width, which will match the constructed width of Competition Drive within
the Billion Auto Plaza Subdivision.
F. Construct sidewalks adjacent to open space within one year of final plat filing, and
construct sidewalks adjacent to lots at the time the lots are constructed on or within
three years of final plat filing,whichever occurs first.
The Planning Staff does not support this variance, and the City Engineer
indicated either scenario could work. The Design Review Board members who
reviewed the application supported the request. The Planning Staff does not
support the request because Subdivision Regulations were recently amended to
require all sidewalks to be constructed at the time the streets are constructed for two
reasons. First, as soon as the second lot is developed,there is a need for an adjoining
pedestrian circulation system, and second, ensuring that the sidewalks are installed
after three years has become an administrative struggle. As this is a PUD, the
driveway accesses are known and will be installed at the time the curb and gutter are
poured for the streets. Thus, the driveways to the lots will be installed, and there
should be no need for construction equipment to drive over and potentially destroy
the curb. Further, there are ways to protect the curb from construction equipment if
the equipment does need to drive over the curb.
G. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
This request is supported, as Lots 5 and 6 will share access and parking, and the
location of the Baxter Creek Corridor makes it difficult to obtain the required lnt
frontage.
CONCLUSIONIRECOMMENDATION: S
Review by the City's Development Review Committee, Design Review Board, and Planning Staff of
the proposal to develop a zoning and subdivision PUD to create eight (8) lots for commercial uses
found that the proposed project, with conditions, complies with the requirements of Chapters 18.43,
18.53 and 18.54 of the Bozeman Zoning Ordinance, will not be detrimental to the health, safety, or
welfare of the community, and is in harmony with the purpose and intent of the Zoning Code.and
Master Plan. Therefore,the Committee, Board and Planning Staff recommend conditional approval
of the zoning PUD application subject to the conditions listed below. The subdivision PUD review
has occurred under a separate report.
The following are the recommended conditions for this zoning PUD. Conditions which are marked
with ** should be further discussed,as not all reviewing agencies concurred with the findings:
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 4
i
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the,
following regulations. All provisions of the Subdivision and Zoning regulations which are not
specifically waived under this condition shall be complied with.
a. Reduction of the minimum lot size of BP, Business Park Zoning District from
one (1) acre to approximately three-quarters of an acre.
**b. Reduction of the 25-foot rear and side yard setback between lots and on the
rth, east and west exterior boundaries of the subdivision to 15 feet for
par
f,
OR
**b. Reduction of setbacks from 35-foot front yards on interior streets for parking
and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear
and side yards for parking to 15 feet.
C. Reduction of the interior street right-of-way widths from 60-feet to 50-feet, as
conditioned to require the streets to not be dedicated right-of-way, but to be a
public access easement, owned and maintained by the property owners
association.
d. Reduction of the constructed width of interior streets from 37-feet to 30 feet.
e. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
**f. To allow sidewalks adjacent to open space to be constructed within me�tn;time
of final plat filing, and sidewalks adjacent to lots to be constructe a
CY the lots are constructed on, or within three years of final plat filing, whichever
occurs first.
2. The final PUD plan must be submitted to and be approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision. The
developer shall have two (2) years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 5
• •
3. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Bozeman Zoning Ordinance. An Improvements Agreement must be signed by the applicant
prior to final PUD plan approval. No building permits will be issued until the Final PUD
Plan is approved and all required on-site and off-site water, sewer, street and
transportation improvements are completed and accepted by the City of Bozeman. If
occupancy of any structure within the development is to occur prior to completion of all
required improvements, the Improvements Agreement shall be financially guaranteed as
outlined in the Zoning Ordinance to secure the improvements required for the lot.
4. The landscape improvements within the US 191 and Baxter Creek__o o open space
corridors, including the picnic area, shall be installed or financially guaranteed prior to final
subdivision plat approval. If financially guaranteed, the improvements shall be completed
within nine months of plat approval. An Open Space Maintenance Plan shall be submitted
with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal
instrument setting for a plan for the permanent care and maintenance of open space and
recreational areas. This portion of the plan must be approved by the City attorney prior to
final PUD plan approval.
5. If acceptable by the City Engineer, the sidewalks installed along Competition Drive may be
installed in a curvilinear fashion.
6. A crosswalk shall be installed on Competition Drive at the location where the trail crosses the
street. The crosswalk design shall include a change in pavement, and the location and
materials/method used shall be approved by the City Engineer during review of the Plans and
Specifications for the infrastructure.
7. The Covenants/Design Guidelines shall be amended as follows(in addition to the amendments
noted in the applicant's supplement): ����
A. Page 3, Section 1.5, Common Areas: Amend reference of"Enterprise Drive" to
"Competition Drive", add Norton Street and the new street at the east edge of Lot 7.
B. Amend Section VI. Wage 28. sign guidelines, to ensure the sign styles are compatible
throughout the development with regard to design and illumination.
C. Add a section that explains that adjoining uses may be agricultural in nature, and the
effects such use may have on the subdivision.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 6
D. Add to the supplement regarding lighting to require the use of a standard parking lot
light fixture throughout the development.
**E. Pape 8, Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that "low traffic-generating retail uses (100 off-site ADT/acre
maximum) offering specialized sales, supplies, and services" be added, which is
comparable to what is permitted in the Billion Auto Plaza Subdivision. (Those uses
marked ** were recommended to be left in by the Design Review Board members
who reviewed the project):
**Bakery Book and stationery store
✓ Building materials sales Cigar and tobacco store
Clothing and costume sales/rental **Delicatessen & catering estab.
hy' Department store Dry Cleaning and Laundry
Dry goods and notion store Furniture store
�- Garden supply store **Hardware store
**Hunt/Fish supply store **Mail order catalog store
**Paint &wallpaper store Retail uses in addition to principal uses
Variety store **Veterinary clinics (small animal)
F. Page 11, Sub-section d. Building Envelope: Delete reference to motel purpose
canopies, as that use is not permitted.
G. Paee 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
H. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
I. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
8. The park land that is to be added to the Bronken Park as'proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 7
INTENT OF PUD, SECTION 18.54.020, PAGE 396-21, ZONING ORDINANCE
This section of the Ordinance lists 13 community objectives.for planned unit developments. The
applicants' response to these objectives is found in Part III.B of their application. Staff has also
reviewed the development against these objectives, and concurs with the applicant's responses, and
find that this planned unit development will protect the public health, safety and welfare, with the
conditions recommended in this report and the subdivision report. The property was annexed in
December 1997, and was zoned for business park development. Water and sewer services were
provided to the annexed parcel, and public park land has been committed.
REVIEW CRITERIA, SECTION 18.54.050.03), PAGE 396-24, ZONING ORDINANCE
This section of the Ordinance refers to the Design Objectives and Criteria Evaluation Forms of
18.54.100E and the Conditional Use Permit criteria of Section 18.53.030.A. Part III.0 of the
applicants' submittal contains a review of the Design Objectives and Criteria. All land uses within
a proposed PUD must comply with the applicable objectives and criteria of this section. Staff has also
reviewed the proposal against these objectives and criteria, and concur with the applicants' findings
that with conditions,which will be more fully explained under the CUP criteria below,all PUD design
objectives and criteria will be adequately addressed.
CONDITIONAL USE PERMIT CRITERIA
The following review provides a summary of comments received from the Development Review
Committee, Design Review Board, and other reviewing agencies which are applicable to these
criteria.
A. 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 Planning Staff does not find that the project,as proposed with the increase in the
allowable maximum lot coverage to more than 60% and the reduction of setbacks,
would be adequate in size to accommodate the proposed uses and/or properly relate
such uses with the land and uses in the vicinity. As explained earlier in the report,
staff does not support the increase in the allowable maximum lot coverage to more
than 60%, nor the reduction of setbacks from 35-foot front yards on interior streets
for parking and buildings to 25 feet for buildings and 10 feet for parking. We do
support the relaxation of the 25-foot rear and side yards for parking to 15 feet from
the interior property lines and from the north,east and west exterior boundaries of the
subdivision.
However, the Design Review Board members who reviewed the project felt that it
was appropriate for a Planned Unit Development such as this to be allowed to reduce
the setbacks, especially given the fact that the uses are commercial and 30% of the
site must be set aside for usable open space.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 8
The subject�property•is-zoned-to•provide-high:quality-settings,and-facilities-for-they
development of a:wide range of compatible.employmentopportunities,:Some of the
(permitted-BP uses include administrative and research office facilities and profess_onal
lb ff"ices, h�pitals.and-medical•chnics,--laboratories,-manufacturing,-pilot-plants-an`d—
prototype-:developmerit,:-technology_research,,banks;and-day-care-centers.The
developer--'s-submitted-purpose-of-the.Business.Park.is.to-"accommodate-an-auto
Dealership andauto related`bu`sinesses,=as well as compatiblEbusinesses: e \
,original use-listsubmitted-did`not'appear-to staff to-provide uses compatible.with auto
related-businesscT andystaff-has•reeommended,:in'.condition-5,-that,the-uses-be-even
further-restrictedto_ensure,comp atible_employment-opportunities.
During.discussion,with-the-Design-Review•Board,-it-was°suggested,thatmost,of the
r� etail-type-uses-not-be_list'ed-and--that=they-instead-be-reviewed<a`s"low-traffsc-
generating retailing uses 100 off-site ADT/acre maximum)offering specialized sales,--I
supplies;:andTe7mi es:. The_developer,-however, requested-thatthe-re
remain,-as:potential-lot•buyers like to'know what-types,of uses might.be,constructed—
withimthe,:d-evelopment;and the•lisywould�provide•a•ba ee-for.those used
With the conditions proposed,the lots sizes will be appropriate for the uses proposed,
and the required yard setbacks will mitigate the impact on surrounding and adjacent
development and contribute to the overall image of the community. The building
envelope has been pre-determined,and the size of building and use within the building
will determine the parking and loading requirements. Certain uses will require more
parking spaces than others, so there is no guarantee that the maximum building
envelope can be used.
Landscape within the PUD was found by DRB to be adequate. There was discussion
regarding the adequacy of the 15-foot setback on the west and north boundaries, as
it leaves little room for curvilinear plantings. However,it was agreed that straight line
plantings would be in harmony with the surrounding agricultural community, as it
would reflect the tree lines commonly used around agricultural land.
The Recreation and Parks Advisory Board Subdivision Review Committee reviewed
the proposal and found that the trail along Baxter Creek to be a necessary link of the
trail system to Bronken Park. They have recommended the trail easement be 25 feet
wide, and that a 5 foot wide gravel trail be constructed with in the easement. The
Design Review Board members who reviewed the proposal felt a crosswalk should
be marked on Competition Drive where the trail crosses the street.
I
i
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 9
B. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
The City Engineer and Director of Public Service have recommended that all streets
within the subdivision will be owned and maintained by the property owners
association as private streets. Sidewalks should be constructed along all private and
public street frontages at the time the street improvements are completed.
The traffic impact study indicates that left turn movements onto Huffine Lane frern
Competition Drive and Cottonwood Road will operate at a level of service"F",with
long delays occurring. It further states: `Because of the existing highway speeds on
Huffine Lane and the conflicts from both east and west, access to this roadway is a
concern, particularly left-turns from Competition Drive or any other new approach.
In addition, because of the long delays expected (see Section VII-A), some drivers
may become impatient or feel pressured and may attempt this movement when it is
not safe. These concerns seem to be substantiated (though only one year of records
is available) by recent accident history at existing intersections in the area (see
Appendix Cy'
Pursuant to Section 18.54.060.B.3.v.0 of the Bozeman Zoning Ordinance and
Section 16.18.050.D.7.d.3 of the Bozeman Area Subdivision Regulations, under no
conditions will less than level of service "D" be acceptable. The applicant must
provide plans, acceptable to the Director of Public Service and the Montana
Department of Transportation,that will bring the level of service of the Cottonwood
Road/Huffine Lane and the Competition Drive/Huffine Lane intersections up to a
minimum level of service of"D". The level of service with the mitigating measures
in place will be certified by the applicants engineer to the city. No construction can
begin until the plans for these upgrades are approved and further, no building
permits will be approved until the upgrades have been implemented.
A warrant analysis for the intersection of Cottonwood Road and Huffine Lane should
also be completed by the subdivider. If a signal is warranted, the signal should be
in place prior to final plat approval. As an alternative,the final plat may be approved
if the signal is financially guaranteed in an amount of 150% of the estimated cost of
the entire signalization,but under no circumstance will building permits be issued until
the signal is in place. If a signal is not warranted at this time,the applicant should
file a Waiver of Right to Protest SIDs for the signalization. Further, if the signal is
not warranted, 20% of one and one half times the estimated cost of a signal shall be
financially guaranteed by the developer until such time as the lawsuit on impact fees
is resolved. If the currently scheduled value of impact fees are determined to be
enforceable, the financial guarantee shall be released.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 10
C. That the proposed use will have no adverse effect upon the abutting property.
The supplement indicates buffer plantings will be installed on the north and west
edges of the property which include "naturalistic tree grouping with emphasis on
Robusta Cottonwood, Aspen, Colorado spruce and Golden Willow". The building x
design criteria all require all sides of the buildings to be constructed so there is no
obvious "back"to a building. Thus, the proposed uses should not have an adverse
effect upon abutting property, but the agricultural use of the abutting property may
have an effect on the subject development. Once the yard areas are improved with
trees and grass,the animals that graze on the adjoining land may attempt to access the
development for grazing. A statement should be included in the Covenants that
advises property owners within the Baxter Creek Business Park that adjacent uses are
agricultural and the impacts agricultural uses may have on their subdivision. No
public comment has been received regarding the proposal.
r
D. That the proposed use shall be in conformance with the Bozeman Area Master-Plan.
The property is designated Business Park/Industrial which allow office uses,industrial
uses,commercial uses and warehousing. Thus,the proposed uses are in conformance
with the Plan.
E. That the conditional use has complied with all conditions stipulated in Chapter 18.50.
Chapter 18.50 is the general design section of the ordinance. These regulations are
used only as guidelines in PUDs, but generally, the development complies with the
conditions of that chapter.
F. That anv 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:
1. Regulation of use. As noted elsewhere in this report, Staff is recommending
the further regulation of use within the PUD to ensure that the uses are
compatible with the intent of the Baxter Creek Business Park, as well as with
the adjoining Billion Auto Plaza Subdivision. The Design Review Board has
made recommended adjustments to that list as well.
2. Special yards, spaces, and buffers. The PUD application is requesting the
reduction of yard setbacks, which Staff is not fully supporting, as the
reduction in setbacks,which increases the lot coverage,is not consistent with
the intent of the BP, Business Park Zoning District, which is to "provide for
high-quality settings and facilities ... (to be)developed so as to recognize the
I
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 11
impact on surrounding or adjacent development and contribute to the overall
image of the community." Further, the reduced setbacks are not consistent
with the setbacks in the adjoining Billion Auto Plaza PUD.
However, the Design Review Board members who reviewed the application
found that the relaxation of the yards was appropriate in this PUD, given the
amount of usable open space provided in the development.
The supplemental information indicates buffer plantings will be installed along
the west and north boundaries to provide a vegetative buffer of the
commercial subdivision from the adjacent agricultural land. The land to the
north, however, is also annexed, and is zoned for high density multi-family
development.
3. 'Special fences, solid fences, and walls. No special fences or walls are
proposed.
4. Surfacing of parking areas. All parking areas will be paved.
5. Requiring street, service road or allev dedications and improvements or
appropriate bonds. The Director of Public Service and City Engineer have
indicated, through subdivision review, that the streets should be private
streets, owned and maintained by the property owners association. Thus,no
street dedications are required. However, public access easements for the
streets and trail corridor will be required.
6. Regulation of points of vehicular ingress and egress. Ingress and egress from
the lots will be limited"to the private street. Montana Department of
Transportation has indicated Competition Drive will be permitted to
intersection with Huffine Lane (US 191). The impacts of left turning
movements must be mitigated at this intersection,as well as at the intersection
of Huffine Lane and Cottonwood Road.
7. Regulation of signs. The types, location, design, illumination, size and
height of signs are required to be included in the Development Guidelines.
Section VI,page 28 of the guidelines simply states all signs are"restricted by
the Zoning Ordinance, which changes from time to time." While that may be
adequate with regard to determining the number and sign area, it does not
adequately address design and illumination. As this is a PUD, the sign
guidelines should ensure the sign styles are compatible throughout the
development.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 12
8. Requiring Maintenance of the Grounds. All common areas as well as the
streets will be maintained by the owners association.
9. Regulation of noise, vibrations, odors. The regulations of the zoning
ordinance will apply.
10. Regulation of hours for certain activities. The need for the regulation of
hours for certain activities has not been identified.
11. Time period within which the proposed use shall be developed. The PUD
final site plan time periods will apply.
12. Duration of use. The PUD, once finally approval, will be permitted
indefinitely as long as all conditions continue to be adhered to.
1`
13. Requiring the dedication of access rights. Such dedications will be obtained
during subdivision review.
14. Other such conditions as will make possible the development of the city in an
orderly and efficient manner. The conditions recommended are intended to
make possible the development of the city in an orderly and efficient manner.
DEVELOPMENT GUIDELINES-PART IV OF SUBMITTAL: The Development Guidelines,
as proposed and supplemented for the project, address permitted uses, building siting and design,
lighting,landscape,pedestrian circulation and open space. These Guidelines are a critical component
of the PUD application, as each lot will be developed under the guidance of the Guidelines.
Following are Staff and DRB's suggestions and comments on the Guidelines:
a. Sign Guidelines. The types, location, design, illumination, size and height are required to be
included in the guidelines. Section VI, page 28 of the guidelines simply states all signs are
restricted by the Zoning Ordinance, which changes from time to time. While that may be
adequate with regard to determining the number and sign area,it does not adequately address
design and illumination. As this is a PUD, the sign guidelines should ensure the sign styles
are compatible throughout the development.
b. Perimeter buffering guidelines,with specific regard to adjoining land uses,was not addressed
in the original submittal. Staff is concerned with the agricultural land adjacent to the west, as
this is unannexed land, and it is likely to remain unannexed for many year. Parking will be
permitted within 15 feet of the property line. Item 25/26 of the supplement proposes adding
a requirement to the guidelines for buffer planting on the north and west edges of the
property, including "naturalistic tree groupings with emphasis on Robusta Cottonwood,
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 13
Aspen, Colorado Spruce and Golden Willow". If the ag land is grazed, it is very likely these
species close to the fence line will attract the animals, so they should be planted away from
the fence. A section should also be added in the guidelines/covenants that notes that
adjoining uses may be agricultural in nature.
C. Architectural guidelines. The building design guidelines begin on page 22 of the document,
and don't really require consistent architecture within the development that will tie each lot
together,as the materials vary greatly. Of course,the intent of the guidelines is not to make
each building identical to the next, and the guidelines indicate the intent of the building
requirements are to provide "continuity to the context of the built environment, while
allowing the vitality of individual expression". The Development Review Board members
reviewing the Guidelines felt that the Guidelines as proposed were adequate,and did not need
to be modified to be more specific, as they provided designers with options for construction
that will ensure the buildings are compatible, yet not identical.
i'
d. Lighting: The supplemental information submitted states"lighting on each lot will be installed
when the lot is developed using standard fixtures." Because many of the lots will share
parking, the use of a consistent light fixture is important. The guidelines should provide a
standard fixture for use throughout the development.
Copy of Report sent to:
- Morrison Maierle
- Steve Olson, 1805 West Dickerson
- Mike Potter, PC Development
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 14
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ITEM: ZONING APPLICATION Z-9939 -- A CONDITIONAL USE PERMIT
APPLICATION TO ALLOW THE DEVELOPMENT OF A PLANNED
UNIT DEVELOPMENT FOR AN EIGHT (8) LOT COMMERCIAL
BUSINESS PARK SUBDIVISION
APPLICANT: MONTANA RANCH PROPERTIES, INC., 8.333% INTEREST
TRIPLE TREE, LLC, 8.333%INTEREST
GARDINER GREEN, JR., 83.334 % INTEREST
c/o STEVE OLSON
1805 WEST DICKERSON
BOZEMAN, MT 59715
DATE/TIME: PLANNING BOARD PUBLIC HEARING, WEDNESDAY, JUNE 2,
1999 AT 7:00 P.M. IN THE COMMISSION MEETING ROOM, CITY
HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA.
RECOMMENDATION TO THE CITY COMMISSION FOR A PUBLIC
MEETING ON MONDAY, JUNE 21, 1999, 3:00 P.M.
REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF (D. ARKELL)
RECOMMENDATION: CONDITIONAL APPROVAL
The recommendation of the Planning Board will be forwarded to the Bozeman City
Commission,who will consider the application at the 3:00 p.m. meeting on Monday,June 21,
1999. Additional public testimony on the Planned Unit Development will be taken at that
meeting.
PROJECT OVERVIEW
The binder submitted with the application includes supplemental information that was submitted to
answer Staffquestions/concerns about the project. The supplemental information is found in the very
front of the binder,along with a copy of the issues addressed. This supplementary information is now
considered part of the application.
Application has been made for a Conditional Use Permit for a Planned Unit Development in
conjunction with a preliminary plat Planned Unit Development. The 17.56 acre project is located
west of and adjoining the Billion Auto Plaza Subdivision, and is on the very west edge of the Valley
West Annexation.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 1
If approved, the application will provide an approved Master Plan with Developmental Guidelines
and set the building envelopes for an eight lot commercial subdivision, and approve the preliminary
subdivision plat for the project.
The proposal will provide a 50-foot wide open space corridor along U.S. 191,with a 35-foot building
and parking setback beyond that corridor, and a corridor along Baxter Creek. A 6-foot wide
concrete pedestrian way and landscaping are proposed within US 191 corridor,as are a five foot wide
gravel path and natural vegetation, including 18 trees, along Baxter Creek. A common picnic area
will also be developed within the creek corridor.
The streets within the development are proposed to be constructed within a 50-foot wide dedicated
right of way to a 30-foot wide width with curb, gutter and sidewalks. The streets will connect with
Competition Drive in the Billion Auto Plaza Subdivision, and intersection US 191. Access will be
provided to the unsubdivided land to the north and west. The Director of Public Service and City
Engineer are recommending, through subdivision review, that the streets be private streets located
within public access easements, and that they not be dedicated to public, as they will not be
constructed to a 37-foot wide standard.
CODE RELAXATIONS
The intent of a Planned Unit Development is to provide maximum flexibility and innovation in the
development of land while ensuring the protection of the public health, safety, and welfare. To
achieve this intent, the Zoning and Subdivision regulations become guidelines. The following
relaxations of the Regulations are being proposed with this submittal. Planning Staff, Development
Review Committee, and Design Review Board member support/non-support of these variances
follows. NOTE: A quorum of the Design Review Board was not present at the meeting scheduled
for their review of the project. The comments of the Board included in this report reflect the
comments made by the two members present.
A. Reduce minimum lot size of BP, Business Park Zoning District from one (1) acre to
approximately three-quarters of an acre.
This relaxation is supported, as all lots will share parking and drive accesses,
reducing the amount of area needed for parking and landscaping.
B. Increase the allowable maximum lot coverage to more than 60%. AND
C. Reduce setbacks from 35-foot front yards on interior streets for parking and buildings
to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 2
The Planning Staff only supports the 15-foot parking setback from interior
property lines, and from the north, east and west exterior boundaries of the
subdivision, as the reduction in setbacks, which increases the lot coverage, is not
consistent with the intent of the BP, Business Park Zoning District, which is to
"provide for high-quality settings and facilities...(to be)developed so as to recognize
the impact on surrounding or adjacent development and contribute to the overall
image of the community." Further,the reduced setbacks are not consistent with the
setbacks in the adjoining Billion Auto Plaza PUD, which are 35-feet from streets for
buildings and parking, 25-feet from an interior property line for buildings and 15-feet
for parking. In addition,although the proposed 30-foot wide constructed street width
for the Baxter Creek PUD is the same as the Billion PUD, the streets in the Billhon
PUD are within 60-foot rights-of-way, compared to the proposed 50-foot rights-of-
way in the Baxter Creek PUD. Thus, an additional 5-foot of setback will be lost on
each side of the street.
However, the Design Review Board members who reviewed the application
supported the request,given the fact that substantial usable open space is being set-
aside in the development, and that usable open space should be a trade off in the
building and parking setback requirements. It was noted that wider setbacks, in
reality,are sometimes not well maintained,and a narrower setback provides adequate
open lot area in a commercial development. It was also noted that because this is a
commercial PUD, active "play area" is not needed within the lots.
D. Reduce the right-of-way widths for Competition Drive and North Street from 60-feet
to 50-feet.
Section 16.24.0301 of the Bozeman Area Subdivision Regulations requires any
internal street which does not meet the standards of the Regulations to be a private
street. The Director of Public Service and City Engineer concluded that if the internal
street rights-of-way are not going to meet city standards, then they should not be
accepted as City streets. Thus, their recommendation during subdivision review is
that the streets be private streets,owned and maintained by the property owners, and
that they be constructed within public access easements and not dedicated rights-of-
way.
E. Reduce the constructed width of Competition Drive and Norton Street from 37-feet to
30 feet.
The Planning Staff deferred to the Director of Public Service and City Engineer
regarding this issue, but expressed concern with the reduced width because parking
will occur on the street, regardless of signing, and if the streets are private streets,
parking would be controlled by the owners association. As noted in D, above, the
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 3
streets within the development will be private, and as such, can be constructed to a
30-foot width, which will match the constructed width of Competition Drive within
the Billion Auto Plaza Subdivision.
F. Construct sidewalks adjacent to open space within one year of final plat filing, and
construct sidewalks adjacent to lots at the time the lots are constructed on or within
three years of final plat filing, whichever occurs first.
The Planning Staff does not support this variance, and the City Engineer
indicated either scenario could work. The Design Review Board members who
reviewed the application supported the request. The Planning Staff does not
support the request because Subdivision Regulations were recently amended to
require all sidewalks to be constructed at the time the streets are constructed for two
reasons. First,as soon as the second lot is developed,there is a need for an adjoining
pedestrian circulation system, and second, ensuring that the sidewalks are installed
after three years has become an administrative struggle. As this is a PUD, the
driveway accesses are known and will be installed at the time the curb and gutter are
poured for the streets. Thus, the driveways to the lots will be installed, and there
should be no need for construction equipment to drive over and potentially destroy
the curb. Further, there are ways to protect the curb from construction equipment if
the equipment does need to drive over the curb.
G. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
This request is supported, as Lots 5 and 6 will share access and parking, and the
location of the Baxter Creek Corridor makes it difficult to obtain the required lot
frontage.
CONCLUSION/RECOMMENDATION:
Review by the City's Development Review Committee,Design Review Board, and Planning Staff of
the proposal to develop a zoning and subdivision PUD to create eight (8) lots for commercial uses
found that the proposed project,with conditions,complies with the requirements of Chapters 18.43,
18.53 and 18.54 of the Bozeman Zoning Ordinance, will not be detrimental to the health, safety, or
welfare of the community, and is in harmony with the purpose and intent of the Zoning Code and
Master Plan. Therefore,the Committee,Board and Planning Staff recommend conditional approval
of the zoning PUD application subject to the conditions listed below. The subdivision PUD review
has occurred under a separate report.
The following are the recommended conditions for this zoning PUD. Conditions which are marked
with ** should be further discussed,as not all reviewing agencies concurred with the findings:
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 4
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the
following regulations. All provisions ofthe Subdivision and Zoning regulations which are not
specifically waived under this condition shall be complied with.
a. Reduction of the minimum lot size of BP, Business Park Zoning District from
one (1) acre to approximately three-quarters of an acre.
**b. Reduction of the 25-foot rear and side yard setback between lots and on the
north, east and west exterior boundaries of the subdivision to 15 feet for
parking.
OR
**b. Reduction of setbacks from 35-foot front yards on interior streets for parking
and buildings to 25 feet for buildings and 10 feet for parking, and 25-foot rear
and side yards for parking to 15 feet.
C. Reduction of the interior street right-of-way widths from 60-feet to 50-feet, as
conditioned to require the streets to not be dedicated right-of-way, but to be a
public access easement, owned and maintained by the property owners
association.
d. Reduction of the constructed width of interior streets from 37-feet to 30 feet.
e. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
**f. To allow sidewalks adjacent to open space to be constructed within nine months
of final plat filing, and sidewalks adjacent to lots to be constructed at the time
the lots are constructed on, or within three years of final plat filing, whichever
occurs first.
2. The final PUD plan must be submitted to and be approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision. The
developer shall have two (2) years from the date of preliminary approval to complete the
conditions,conform to all regulations,and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 5
3. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Bozeman Zoning Ordinance. An Improvements Agreement must be signed by the applicant
prior to final PUD plan approval. No building permits will be issued until the Final PUD
Plan is approved and all required on-site and off-site water, sewer, street and
transportation improvements are completed and accepted by the City of Bozeman. If
occupancy of any structure within the development is to occur prior to completion of all
required improvements, the Improvements Agreement shall be financially guaranteed as
outlined in the Zoning Ordinance to secure the improvements required for the lot.
4. The landscape improvements within the US 191 and Baxter Creek corridor open space
corridors, including the picnic area, shall be installed or financially guaranteed prior to final
subdivision plat approval. If financially guaranteed, the improvements shall be completed
within nine months of plat approval. An Open Space Maintenance Plan shall be submitted
with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal
instrument setting for a plan for the permanent care and maintenance of open space and
recreational areas. This portion of the plan must be approved by the City attorney prior to
final PUD plan approval.
5. If acceptable by the City Engineer, the sidewalks installed along Competition Drive may be
installed in a curvilinear fashion.
6. A crosswalk shall be installed on Competition Drive at the location where the trail crosses the
street. The crosswalk design shall include a change in pavement, and the location and
materials/method used shall be approved by the City Engineer during review of the Plans and
Specifications for the infrastructure.
7. The Covenants/Design Guidelines shall be amended as follows(in addition to the amendments
noted in the applicant's supplement):
A. Page 3, Section 1.5, Common Areas: Amend reference of"Enterprise Drive" to
"Competition Drive", add Norton Street and the new street at the east edge of Lot 7.
B. Amend Section VI, mpze 28, sign guidelines,to ensure the sign styles are compatible
throughout the development with regard to design and illumination.
C. Add a section that explains that adjoining uses may be agricultural in nature, and the
effects such use may have on the subdivision.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 6
i •
D. Add to the supplement regarding lighting to require the use of a standard parking lot
light fixture throughout the development.
**E. Page 8, Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that "low traffic-generating retail uses (100 off-site ADT/acre
maximum) offering specialized sales,supplies, and services" be added, which is
comparable to what is permitted in the Billion Auto Plaza Subdivision. (Those uses
marked ** were recommended to be left in by the Design Review Board members
who reviewed the project):
**Bakery Book and stationery store
Building materials sales Cigar and tobacco store
Clothing and costume sales/rental **Delicatessen& catering estab.
Department store Dry Cleaning and Laundry
Dry goods and notion store Furniture store
Garden supply store **Hardware store
**Hunt/Fish supply store **Mail order catalog store
**Paint&wallpaper store Retail uses in addition.to principal uses
Variety store **Veterinary clinics (small animal)
F. Page 11, Sub-section d, Building Envelope: Delete reference to motel purpose
canopies, as that use is not permitted.
G. Page 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
H. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
I. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
8. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 7
INTENT OF PUD, SECTION 18.54.020, PAGE 396-21, ZONING ORDINANCE
This section of the Ordinance lists 13 community objectives for planned unit developments. The
applicants' response to these objectives is found in Part III.B of their application. Staff has also
reviewed the development against these objectives, and concurs with the applicant's responses, and
find that this planned unit development will protect the public health, safety and welfare, with the
conditions recommended in this report and the subdivision report. The property was annexed in
December 1997, and was zoned for business park development. Water and sewer services were
provided to the annexed parcel, and public park land has been committed.
REVIEW CRITERIA, SECTION 18.54.050.C(3), PAGE 396-24, ZONING ORDINANCE
This section of the Ordinance refers to the Design Objectives and Criteria Evaluation Forms of
18.54.100E and the Conditional Use Permit criteria of Section 18.53.030.A. Part III.0 of the
applicants' submittal contains a review of the Design Objectives and Criteria. All land uses within
a proposed PUD must comply with the applicable objectives and criteria of this section. Staff has also
reviewed the proposal against these objectives and criteria, and concur with the applicants' findings
that with conditions,which will be more fully explained under the CUP criteria below,all PUD design
objectives and criteria will be adequately addressed.
CONDITIONAL USE PERMIT CRITERIA
The following review provides a summary of comments received from the Development Review
Committee, Design Review Board, and other reviewing agencies which are applicable to these
criteria.
A. 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 Planning Staff does not find that the project, as proposed with the increase in the
allowable maximum lot coverage to more than 60% and the reduction of setbacks,
would be adequate in size to accommodate the proposed uses and/or properly relate
such uses with the land and uses in the vicinity. As explained earlier in the report,
staff does not support the increase in the allowable maximum lot coverage to more
than 60%, nor the reduction of setbacks from 35-foot front yards on interior streets
for parking and buildings to 25 feet for buildings and 10 feet for parking. We do
support the relaxation of the 25-foot rear and side yards for parking to 15 feet from
the interior property lines and from the north,east and west exterior boundaries of the
subdivision.
However, the Design Review Board members who reviewed the project felt that it
was appropriate for a Planned Unit Development such as this to be allowed to reduce
the setbacks, especially given the fact that the uses are commercial and 30% of the
site must be set aside for usable open space.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 8
The subject property is zoned to provide high-quality settings and facilities for the
development of a wide range of compatible employment opportunities. Some of the
permitted BP uses include administrative and research office facilities and professional
offices, hospitals and medical clinics, laboratories, manufacturing, pilot plants and
prototype development, technology research, banks, and day care centers. The
developer's submitted purpose of the Business Park is to "accommodate an auto
dealership and auto related businesses, as well as other compatible businesses. The
original use list submitted did not appear to staffto provide uses compatible with auto
related businesses, and staff has recommended, in condition 5, that the uses be even
further restricted to ensure compatible employment opportunities.
During discussion with the Design Review Board, it was suggested that most of the
retail-type uses not be listed and that they instead be reviewed as "low traffic-
generating retailing uses 100 off-site ADT/acre maximum)offering specialized sales,
supplies, and services". The developer, however, requested that the specific uses
remain, as potential lot buyers like to know what types of uses might be constructed
within the development, and the list would provide a base for those uses.
With the conditions proposed,the lots sizes will be appropriate for the uses proposed,
and the required yard setbacks will mitigate the impact on surrounding and adjacent
development and contribute to the overall image of the community. The building
envelope has been pre-determined,and the size of building and use within the building.
will determine the parking and loading requirements. Certain uses will require more
parking spaces than others, so there is no guarantee that the maximum building
envelope can be used.
Landscape within the PUD was found by DRB to be adequate. There was discussion
regarding the adequacy of the 15-foot setback on the west and north boundaries, as
it leaves little room for curvilinear plantings. However,it was agreed that straight line
plantings would be in harmony with the surrounding agricultural community, as it
would reflect the tree lines commonly used around agricultural land.
The Recreation and Parks Advisory Board Subdivision Review Committee reviewed
the proposal and found that the trail along Baxter Creek to be a necessary link of the
trail system to Bronken Park. They have recommended the trail easement be 25 feet
wide, and that a 5 foot wide gravel trail be constructed with in the easement. The
Design Review Board members who reviewed the proposal felt a crosswalk should
be marked on Competition Drive where the trail crosses the street.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 9
B. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
The City Engineer and Director of Public Service have recommended that all streets
within the subdivision will be owned and maintained by the property owners
association as private streets. Sidewalks should be constructed along all private and
public street frontages at the time the street improvements are completed.
The traffic impact study indicates that left turn movements onto Huffine Lane from
Competition Drive and Cottonwood Road will operate at a level of service"F", with
long delays occurring. It further states: `Because of the existing highway speeds on
Huffine Lane and the conflicts from both east and west, access to this roadway is a
concern, particularly left-turns from Competition Drive or any'other new approach.
In addition, because of the long delays expected (see Section VII-A), some drivers
may become impatient or feel pressured and may attempt this movement when it is
not safe. These concerns seem to be substantiated(though only one year of records
is available) by recent accident history at existing intersections in the area (see
Appendix Q."
Pursuant to Section 18.54.060.B.3.v.0 of the Bozeman Zoning Ordinance and
Section 16.18.050.D.7.d.3 of the Bozeman Area Subdivision Regulations, under no
conditions will less than level of service "D" be acceptable. The applicant must
provide plans, acceptable to the Director of Public Service and the Montana
Department of Transportation,that will bring the level of service of the Cottonwood
Road/Huffine Lane and the Competition Drive/Huffine Lane intersections up to a
minimum level of service of"D". The level of service with the mitigating measures
in place will be certified by the applicants engineer to the city. No construction can
begin until the plans for these upgrades are approved and further, no building
permits will be approved until the upgrades have been implemented.
A warrant analysis for the intersection of Cottonwood Road and Huffine Lane should
also be completed by the subdivider. If a signal is warranted, the signal should be
in place prior to final plat approval. As an alternative,the final plat may be approved
if the signal is financially guaranteed in an amount of 150% of the estimated cost of
the entire signalization,but under no circumstance will building permits be issued until
the signal is in place. If a signal is not warranted at this time,the applicant should
file a Waiver of Right to Protest SIDS for the signalization. Further, if the signal is
not warranted, 20% of one and one half times the estimated cost of a signal shall be
financially guaranteed by the developer until such time as the lawsuit on impact fees
is resolved. If the currently scheduled value of impact fees are determined to be
enforceable, the financial guarantee shall be released.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 10
C. That the proposed use will have no adverse effect upon the abutting property.
The supplement indicates buffer plantings will'be installed on the north and west
edges of the property which include "naturalistic tree grouping with emphasis on
Robusta Cottonwood, Aspen, Colorado spruce and Golden Willow". The building
design criteria all require all sides of the buildings to be constructed so there is no
obvious "back"to a building. Thus, the proposed uses should not have an adverse
effect upon abutting property, but the agricultural use of the abutting property may
have an effect on the subject development. Once the yard areas are improved with
trees and grass,the animals that graze on the adjoining land may attempt to access the
development for grazing. A statement should be included in the Covenants that
advises property owners within the Baxter Creek Business Park that adjacent uses are
agricultural and the impacts agricultural uses may have on their subdivision. No
public comment has been received regarding the proposal.
D. That the proposed use shall be in conformance with the Bozeman Area Master Plan.
The property is designated Business Park/Industrial which allow office uses,industrial
uses,commercial uses and warehousing. Thus,the proposed uses are in conformance
with the Plan.
E. That the conditional use has complied with all conditions stipulated in Chapter 18.50.
Chapter 18.50 is the general design section of the ordinance. These regulations are
used only as guidelines in PUDs, but generally, the development complies with the
conditions of that chapter.
F. 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:
1. Regulation of use. As noted elsewhere in this report, Staff is recommending
the further regulation of use within the PUD to ensure that the uses are
compatible with the intent of the Baxter Creek Business Park, as well as with
the adjoining Billion Auto Plaza Subdivision. The Design Review Board has
made recommended adjustments to that list as well.
2. Special yards, spaces, and buffers. The PUD application is requesting the
reduction of yard setbacks, which Staff is not fully supporting, as the
reduction in setbacks,which increases the lot coverage, is not consistent with
the intent of the BP, Business Park Zoning District, which is to "provide for
high-quality settings and facilities ... (to be)developed so as to recognize the
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 11
impact on surrounding or adjacent development and contribute to the overall
image of the community." Further, the reduced setbacks are not consistent
with the setbacks in the adjoining Billion Auto Plaza PUD.
However, the Design Review Board members who reviewed the application
found that the relaxation of the yards was appropriate in this PUD, given the
amount of usable open space provided in the development.
The supplemental information indicates buffer plantings will be installed along
the west and north boundaries to provide a vegetative buffer of the
commercial subdivision from the adjacent agricultural land. The land to the
north, however, is also annexed, and is zoned for high density multi-family
development.
3. Special fences, solid fencer, and walls. No special fences or walls are
proposed.
4. Surfacing of parking areas. All parking areas will be paved.
5. Requiring street, service road or alley dedications and improvements or
appropriate bonds. The Director of Public Service and City Engineer have
indicated, through subdivision review, that the streets should be private
streets, owned and maintained by the property owners association. Thus,no
street dedications are required. However, public access easements for the
streets and trail corridor will be required.
6. Regulation of points of vehicular ingress and egress. Ingress and egress from
the lots will be limited to the private street. Montana Department of
Transportation has indicated Competition Drive will be permitted to
intersection with Huffine Lane (US 191). The impacts of left turning
movements must be mitigated at this intersection,as well as at the intersection
of Huffine Lane and Cottonwood Road.
7. Regulation of signs. The types, location, design, illumination, size and
height of signs are required to be included in the Development Guidelines.
Section VI, page 28 of the guidelines simply states all signs are"restricted by
the Zoning Ordinance, which changes from time to time." While that may be
adequate with regard to determining the number and sign area, it does not
adequately address design and illumination. As this is a PUD, the sign
guidelines should ensure the sign styles are compatible throughout the
development.
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 12
8. Requiring Maintenance o the Grounds. All common areas as well as the
9 g .�
streets will be maintained by the owners association.
9. Regulation of noise, vibrations, odors. The regulations of the zoning
ordinance will apply.
10. Regulation of hours for certain activities. The need for the regulation of
hours for certain activities has not been identified.
11. Time period within which the proposed use shall be developed. The PUD
final site plan time periods will apply.
12. Duration of use. The PUD, once finally approval, will be permitted
indefinitely as long as all conditions continue to be adhered to.
13. Requiring the dedication of access rights. Such dedications will be obtained
during subdivision review.
14. Other such conditions as will make possible the development of the city in an
orderly and efficient manner. The conditions recommended are intended to
make possible the development of the city in an orderly and efficient manner.
DEVELOPMENT GUIDELINES-PART IV OF SUBMITTAL: The Development Guidelines,
as proposed and supplemented for the project, address permitted uses, building siting and design,
lighting,landscape,pedestrian circulation and open space. These Guidelines are a critical component
of the PUD application, as each lot will be developed under the guidance of the Guidelines.
Following are Staff and DRB's suggestions and comments on the Guidelines:
a. Sign Guidelines. The types, location, design, illumination, size and height are required to be
included in the guidelines. Section VI, page 28 of the guidelines simply states all signs are
restricted by the Zoning Ordinance, which changes from time to time. While that may be
adequate with regard to determining the number and sign area,it does not adequately address
design and illumination. As this is a PUD, the sign guidelines should ensure the sign styles
are compatible throughout the development.
b. Perimeter buffering guidelines,with specific regard to adjoining land uses,was not addressed
in the original submittal. Staff is concerned with the agricultural land adjacent to the west, as
this is unannexed land, and it is likely to remain unannexed for many year. Parking will be
permitted within 15 feet of the property line. Item 25/26 of the supplement proposes adding
a requirement to the guidelines for buffer planting on the north and west edges of the
property, including "naturalistic tree groupings with emphasis on Robusta Cottonwood,
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 13
Aspen, Colorado Spruce and Golden Willow". If the ag land is grazed, it is very likely these
species close to the fence line will attract the animals, so they should be planted away from
the fence. A section should also be added in the guidelines/covenants that notes that
adjoining uses may be agricultural in nature.
C. Architectural guidelines. The building design guidelines begin on page 22 of the document,
and don't really require consistent architecture within the development that will tie each lot
together, as the materials vary greatly. Of course, the intent of the guidelines is not to make
each building identical to the next, and the guidelines indicate the intent of the building
requirements are to provide "continuity to the context of the built environment, while
allowing the vitality of individual expression". The Development Review Board members
reviewing the Guidelines felt that the Guidelines as proposed were adequate,and did not need
to be modified to be more specific, as they provided designers with options for construction
that will ensure the buildings are compatible, yet not identical.
d. Lighting: The supplemental information submitted states"lighting on each lot will be installed
when the lot is developed using standard fixtures." Because many of the lots will share
parking, the use of a consistent light fixture is important. The guidelines should provide a
standard fixture for use throughout the development.
Copy of Report sent to:
- Morrison Maierle
- Steve Olson, 1805 West Dickerson
- Mike Potter, PC Development
BAXTER CREEK BUSINESS PARK ZONING PUD, Z-9939 Page 14
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APPLICATION: Z-9939 - Conditional Use Permit for a Planned Unit Development within the
West Main/US 191 Entryway Overlay Corridor.
DISTRICT: B-P, Business Park
DATE: May 19, 1999 for your May 25, 1999 meeting
REPORT BY: Debbie Arkell, Assistant Planning Director
RECOMMENDATION: CONDITIONAL APPROVAL
1. DESCRIPTION OF PROJECT
The Baxter Creek Business Park PUD is a 17.56 acre tract located on the very west edge of the
Valley West Annexation, just west of and adjoining the Billion Auto Plaza Subdivision. The
development will create eight lots, with one 5.22 acre lot to accommodate an auto dealership, and
the other lots, which range in size from 0.83 to 1.22 acre for"auto related businesses as well as other
compatible businesses". 3.02 acres of open space will be provided in the development, including a
50-foot open space buffer along US 191 and a corridor along Baxter Creek.
This PUD will provide enough detail within the development guidelines and on the final PUD plan
that will allow each lot to be developed without further zoning review, if the lot is developed in
compliance with the guidelines and the building is constructed within the building envelope.
A variance was previously granted by the Bozeman City Commission to decrease the required 30%
open space to approximately 27%,with the condition that approximately 1.35 acres of land be added
to the Bronken Park.
2. LIST OF DEVIATIONS
Seven variances to subdivision and zoning standards were requested. Planning Staff support/non-
support of these variances is:
A. Reduce minimum lot size of BP, Business Park Zoning District from one (1) acre to
approximately three-quarters of an acre.
The Planning Staff supports this variance, as all lots will share parking and drive
accesses, reducing the amount of area needed for parking and landscaping.
1
B. Increase the allowable maximum lot coverage to more than 60%. AND
C. Reduce setbacks from 35-foot front yards on interior streets for parking and buildings
to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
The Planning Staff only supports the 15-foot parking setback from interior
property lines, and from the north, east and west exterior boundaries of the
subdivision, as the reduction in setbacks, which increases the lot coverage, is not
consistent with the intent of the BP, Business Park Zoning District, which is to
"provide for high-quality settings and facilities... (to be)developed so as to recognize
the impact on surrounding or adjacent development and contribute to the overall
image of the community." Further, the reduced setbacks are not consistent with the
setbacks in the adjoining Billion Auto Plaza PUD, which are 35-feet from streets for
buildings and parking, 25-feet from an interior property line for buildings and 15-feet
for parking. In addition,although the proposed 30-foot wide constructed street width
for the Baxter Creek PUD is the same as the Billion PUD, the streets in the Billion
PUD are within 60-foot rights-of-way, compared to the proposed 50-foot rights-of--
way in the Baxter Creek PUD. Thus, an additional 5-foot of setback will be lost on
each side of the street.
D. Reduce the right-of-way widths for Competition Drive and North Street from 60-feet
to 50-feet. The Planning Staff defers to the Director of Public Service.
E. Reduce the constructed width of Competition Drive and Norton Street from 37-feet to
30 feet. The Planning Staff defers to the Director of Public Service, however, does have
concern with the reduced width because parking will occur on the street, regardless of
signing, and if the streets are private streets, parking would be controlled by the owners
association.
F. Construct sidewalks adjacent to open space within one year of final plat filing, and
construct sidewalks adjacent to lots at the time the lots are constructed on or within
three years of final plat filing, whichever occurs first.
The Planning Staff does not support this variance. The Subdivision Regulations
were recently amended to require all sidewalks to be constructed at the time the
streets are constructed for two reasons. First,as soon as the second lot is developed,
there is a need for an adjoining pedestrian circulation system, and second, ensuring
that the sidewalks are installed after three years has become an administrative
struggle. As this is a PUD, the driveway accesses are known and will be installed at
the time the curb and gutter are poured for the streets. Thus, the driveways to the
lots will be installed,and there should be no need for construction equipment to drive
over and potentially destroy the curb. Further, there are ways to protect the curb
from construction equipment if the equipment does need to drive over the curb.
2
.S
G. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
The Planning Staff supports this variance, as Lots 5 and 6 will share access and
parking, and the location of the Baxter Creek Corridor makes it difficult to obtain the
required lot frontage.
3. DEVELOPMENT GUIDELINES: Section 18.54.080.D of the Zoning Ordinance requires
development guidelines for PUDs that will be phased(e.g.not all buildings constructed at once). The
required contents of the guidelines begin on page 396-32 of the Ordinance. Items which Staff feels
need to be further covered in the guidelines include:
a. Sign Guidelines. The types, location, design, illumination, size and height are required to be
included in the guidelines. Section VI, page 28 of the guidelines simply states all signs are
restricted by the Zoning Ordinance, which changes from time to time. While that may be
adequate with regard to determining the number and sign area, it does not adequately address
design and illumination. As this is a PUD, the sign guidelines should ensure the sign styles
are compatible throughout the development.
b. Perimeter buffering guidelines, with specific regard to adjoining land uses. Not addressed in
the original submittal. Staff is concerned with the agricultural adjacent to the west, as this is
unannexed land,and it is likely to remain unannexed for many year. Parking will be permitted
within 15 feet of the property line. Item 25/26 of the supplement proposes adding a
requirement to the guidelines for buffer planting on the north and west edges of the property,
including "naturalistic tree groupings with emphasis on Robusta Cottonwood, Aspen,
Colorado Spruce and Golden Willow". If the ag land is grazed, it is very likely these species
close to the fence line will attract the animals, so they should be planted away from the fence.
A section should also be added in the guidelines/covenants that notes that adjoining uses may
be agricultural in nature.
C. Architectural guidelines. The building design guidelines begin on page 22 of the document,
and don't really require consistent architecture within the development that-will tie each lot
together, as the materials vary greatly. Of course, the intent of the guidelines is not to make
each building identical to the next, and the guidelines indicate the intent of the building
requirements are to provide "continuity to the context of the built environment, while
allowing the vitality of individual expression". Staff feels the guidelines should be somewhat
modified to be more specific, instead of just requiring designers to "consider" certain design
features(such as gable and modified hip shapes and steep pitches of roof forms;that dormers
and secondary roofs"may"be used to add interest and scale.) However, staff will defer to
the Board's recommendations.
3
d. Lighting: The supplemental information submitted states"lighting on each lot will be installed
when the lot is developed using standard fixtures." Because many of the lots will share
parking, the use of a consistent light fixture is important. The guidelines should provide a
standard.fixture for use throughout the development.
4. HISTORIC PRESERVATION OFFICER COMMENTS -Not applicable.
5. PUBLIC COMMENT -None to date.
6. STAFF CONCLUSION
Staff is supportive of the application, with the following conditions:
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the
regulations as outlined above. All provisions ofthe Subdivision and Zoning regulations which
are not specifically waived under this condition shall be complied with.
2. The final PUD plan must be submitted to and approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision. The
developer shall have two (2) years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
3. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Zoning Ordinance. An Improvements Agreement must be signed by the applicant prior to
final PUD plan approval. No building permits will be issued until the Final PUD Plan is
approved and substantial completion and acceptance of the required infrastructure
improvements. If occupancy of any structure within the development is to occur prior to
completion of all required improvements, the Improvements Agreement shall be financially
guarantee as outlined in the Zoning Ordinance to secure the improvements required for the
affected phase.-
4. The landscape improvements within the US 191 and Baxter Creek corridor open space
corridors, including the picnic area, shall be installed or financially guaranteed prior to final
subdivision plat approval. If financially guaranteed, the improvements shall be completed
within nine months of plat approval. An Open Space Maintenance Plan shall be submitted
with the final PUD plan, as required in Section 18.54.060.C.4d, which creates a legal
instrument setting for a plan for the permanent care and maintenance of open space and
4
•
recreational areas. This portion of the plan must be approved by the City attorney prior to
final PUD plan approval.
5. The Covenants/Design Guidelines shall be amended as follows(in addition to the amendments
noted in the applicant's supplement):
a. Page 3. Section 1.5 Common Areas: Amend reference of "Enterprise Drive" to
"Competition Drive",add Norton Street and the new street at the east edge of Lot 7.
b. Amend Section Vl, page 28. sign guidelines, to ensure the sign styles are compatible
throughout the development with regard to design and illumination.
C. Add a section that explains that adjoining uses may be agricultural in nature, and the
effects such use may have on the subdivision.
d. Add to the supplement regarding lighting to require the use of a standard parking lot
light fixture throughout the development.
e. Amend the building design guidelines to be more specific regarding the design�.
features of the roof forms.
f. Page 8, Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that"low traffic-generating retail uses(100 ADT/acre maxim
uin
offering specialized sales, supplies, and services" be added, which is comparab e
to what is permitted in the Billion Auto Plaza Subdivision:
Bakery -€rnaneral-instit
Book and stationery store Cigar and tobacco store
Clothing and costume sales/rental Delicatessen& catering estab.
Department store Dry goods and notion store
Dry Cleaning and Laundry Furniture store
Garden supply store Hardware store
Hunt/Fish supply store Mail Order Catalog Store
Paint & wallpaper store Variety st re
Building materials sales Retail uses addition to principal uses
Veterinary clinics
g. Page 11, Sub-section d. Building Envelope: Delete refe nce tQ_. `f d banking
purpose canopies, as those uses are not permitted. \(f`>` t
b
5
h. Paize 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
i. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
j. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
6. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
Cc: Mike Smith, Morrison Maierle, Inc.
6
•
ITEM 4. REGULAR AGENDA
A Batter-Cceek_B.usiness Park_Zon ng PUD-#Z-9_939 - (Arkel_l)
West of Billion Auto Plaza, north of U.S. 191
A Planned Unit Development Application to allow the development of an
eight lot subdivision for commercial uses. (Open and continue to 5/25 until
additional information is submitted)
(Henry Sorenson arrived)
Chairperson Walker moved to continue application#Z-9939 to the May 25, 1999,meeting. Mr.
Hanson seconded the motion, which carried 6-0
For the betterment of the DRB -
Discussion followed on the future of the DRB with the change in the zoning and planning
jurisdictions and the need for clear PUD guidelines from the applicant.
Chairperson Walker moved that Mr. Sorenson draft a letter to the Commission on the need for
the DRB. In response to Mr. Sorenson's request for ideas, Mr. Glenn suggested listing the
positives moves the Board has made and what would have happened if the Board hadn't reviewed
certain projects. Other ideas were the improvements to the corridors brought about by DRB
review, a professional Board that gives advice that would have to be paid for if done by
consultants, the education of the public, and larger projects are so big that consultants may not
have a handle on the design issues. Planner Skelton noted the DRB also is a protection for the
established neighborhoods. Mr. Sorenson noted that the Board is a help to architects who have
been bullied by a developer into presenting a bad design. Chairperson Walker noted there are
better open space and trails through projects than what were proposed. Discussion followed on
the loopholes in the code and the City's PUD guidelines.
ITEM 5. ADJOURNMENT
There being no further business, the meeting was adjourned.
Kim Walk r, Chairperson
Design R view Board
Design Review Board Minutes-May 11,1999 2
is
GQfRiIOb
BOZE**N RECREATION DEPARAENT
1211 W. Main St. P.O. Box 640 PHONE(406)587-4724
- = Bozeman,Montana 59771-0640
1 k'11.. Cf 't
To: Debbie Arkel]
City-County Planning Office
From: Recreation and Parks Advisory Board
Date•. May 7, 1589
Re: Baxter Creek.Major Subdivision
Following the meeting of the Recreation and Parks Advisory Board's
Subdivision Review Committee with Mike Smith of Morrison-Materle and
you on May 7, the committee presented information about the proposed
Baxter Creek Major Subdivision to the entire board at its meeting on the
evening of May 7.
The board was in favor of the proposal to satisfy the open space
requirement with a trail along the realignment of Baxter Creek. The
board recommends a 25' trail easement with a 5' wide trail surfaced with
natural fines, to be installed and maintained by the developer. The trail
should be aligned to connect with the trail originating at Hufflne Lane
and continuing north along the west side of J.C. Billion (yet to be
constructed). with a future connection possible to Bronken Park across
land to the north when it is subdivided. The board also recommends a
public access easement along this trail as an important future
connection to Bronken Park.
Thank you for the opportunity to comment.
cc: Mike Smith. Morrison-Malerle
ey
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s
President Walker stated the review of the Pilgrim Congregational Church will be removed from the
Consent Agenda, and considered as Item 5A.
ITEM 4. OPEN AND CONTINUE TO MAY 18, 1999
A. Wixter _Creek Business Park PUD and Subdivision, Z-9939 and P-9907, requested by
Steve Olson to allow the subdivision of a 17.56 acre tract of land for the development of an
eight lot PUD for commercial uses on property zoned BP, Business Park, and located west
of Billion Auto Plaza on the north side of US 191 (Arkell)
Assistant Planning Director Arkell advised the Board that this item should be opened and continued,
to allow time for review of additional information. Although the Agenda noted that the project will
be continued to May 18, she suggested it be continued to the June 7 meeting, as the additional
information was not submitted until April 30, and that information stated the traffic information
required by DRC would not be submitted until May 15. Dick McConnen moved, Lynn Rugheimer
seconded, to continue this item to the June 1 meeting. The motion carried by a unanimous voice
vote.
ITEM 5. CONSENT AGENDA
A. Minor Subdivision P-9910(West Park Manor),requested by Western General Enterprises
Revocable Trust, to allow the subdivision of 0.1885 acres into two townhouse lots on
property zoned R-3, and located at 309-311 North 19`h Avenue (Killebrew)
There being no members of the public present to speak on the application, and no members of the
Board wishing to remove the application from the Consent agenda, a motion was made by Dick
McConnen, seconded by Bill Mitchell, to recommend approval of the project as submitted and
conditioned in the Staff Report. The motion carried by a voice vote. The City Commission will
consider this subdivision at their 3:00 p.m.meeting on May 17. No public testimony willbe accepted
at that meeting.
B. Conditional Use Permit Z-9938 (High Country Care), requested by Ron and Victoriana
Ireland, to allow the relocation of an existing Adult Foster Care Group Home from another
location to property zoned A-S, and located at 8659 Haggerty Lane. (Killebrew)
There being no members of the public present to speak on the application, and no members of the
Board wishing to remove the application from the Consent agenda, a motion was made by Dick
McConnen, seconded by Ed Musser, to recommend approval of the project as submitted and
conditioned in the Staff Report. The motion carried by a voice vote. The City Commission will
consider this application at their 3:00 p.m. meeting on May 17.
Planning Board Minutes-May 4, 1999 2
BOZEMAN CITY-COUNTY PLANNING BOARD
TUESDAY, MAY 4, 1999
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Lonny Walker called the meeting to order at 7:05 p.m.
Members Present Members Absent Staff Present
Lonny Walker Ray White Andy Epple, Director
Mary Ellen Wolfe Bill Wright Debbie Arkell, Assistant Director
Dick McConnen Gordon Vance Joni Killebrew, Assistant Planner
Bill Mitchell Michael Vincent
Lynn Rugheimer
Ed Musser
Visitors Present
Brian Leland Sandra Smiley Deborah Kimball-Robinson Bonnie Hash
Peter Gerrard Jeff Fox Bob Hawks Nick Schnabel
Randy Sullivan Per Hjalmarsson Harold Meuller Helen Mueller
Linda Gerleman Caren Roberty Frank Schledom Charles Hash
Greg Allen Ellen Murray Michelle Yearous Jack Armstrong
Jeff Rupp Larry Minkoff
ITEM 2. PUBLIC COMMENT
President Walker opened the public comment portion of the meeting to take public comments on
issues not on the agenda. Brian Leland, 528 N. Bozeman, addressed the Board regarding the
County's proposal to eliminate City-County Planning. He reviewed the background of the Sundance
Springs proposal, reminding the Board that the developer attempted to amend the Master Plan to
Residential Urban Infill that would allow 6-8 units per acre, but that the amendment was denied by
the County Commission,after they considered testimony from County residents. He stated that when
joint City-County planning is deleted, the County Commission will have no review of such projects,
and as such, a situation is being created where residents just outside city limits will have nothing to
say about their area. He stated he doesn't see where the proposed deletion of the Board is a better
way for representation of citizens.
ITEM 3. MINUTES OF APRIL 20, 1999
A motion was made by Lynn Rugheimer and seconded by Ed Musser to approve the minutes as
presented. The motion carried unanimously.
Planning Board Minutes-May 4, 1999 1
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0
A MAIERLE, INC. memo
An Employee-Owned Company
TO: Debbie Arkell
City/County Planning
FROM: Mike Smith
DATE: May 13, 1999
RE: Baxter Creek Business Park
MM 3130.001.010.0310
Please review the method we have used to determine required parking spaces for each lot:
We deducted 8%of the lot area from the building envelope area to determine the maximum building
footprint. We then determined the maximum usable building area based on the number of parking
spaces shown on the master plan,allowing four parking spaces per 1000 sf of usable building space.
We noted in using this method, that usable building area on lots 1 and 7 will be limited by the
number of parking spaces shown while the usable building area on the remaining lots will be limited
by maximum building footprint. Calculations are shown on the attached sheets. Thank you.
Lot#1 Area 227,393 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
58,922.43 sf- (227,393 sf x 0.08) =40,730.99 sf
Maximum usable building area
(Based on 4 parking spaces per 1000 sf of building area)
161 parking spaces shown_4 parking spaces x 1000 sf=40,250 sf
Lot#2 Area 52,013 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
12,911.43 sf- (52,013 sf x 0.08) = 8,750.39 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
54 parking spaces shown-4 parking spaces x 1000 sf= 13,500 sf
Lot#3 Area 48,012 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
11,501.34 sf- (48,012 x 0.08) = 7,660.38 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
60 parking spaces shown-4 parking spaces x 1000 sf= 15,000 sf
Lot#4 Area 37,275 sf
Maximum Building Footprint -
(Deduct 8% lot area from building envelope for open space)
11,616.40 sf- (37,275 sf x 0.08) = 8,634.40 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
38 parking spaces shown=4 parking spaces x 1000 sf= 9,500 sf
Lot#5 Area 36,038.49 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
11,616.40 sf- (36,038.49 sf x 0.08) = 8,733.32 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
38 parking spaces shown_4 parking spaces x 1000 sf= 9,500 sf
Lot#6 Area 53,345.40 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
13,815.10 sf- (53,345.40 sf x 0.08)= 9,547.47 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
48 parking spaces shown_4 parking spaces x 1000 sf- 12,000 sf
Lot#7 Area 45,711 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
14,833.64 sf- (45,711 sf x 0.08) = 11,176.76 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
33 parking spaces shown-- 4 parking spaces x 1000 sf= 8,250 sf
Lot#8 Area 51,512 sf
Maximum Building Footprint-
(Deduct 8% lot area from building envelope for open space)
11,981.18 sf- (51,512 sf x 0.08) = 7,860.22 sf
Maximum usable building area-
(Based on 4 parking spaces per 1000 sf of building area)
45 parking spaces shown_4 spaces x 1000 sf= 11,250 sf
CAParking.wpd
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.4 To permit commercial uses which will not create excessive
burdens upon Billion Plaza or the City of Bozeman transportation and utility
1 system.
j 1.7.2 GUIDELINES
! 1.7.2.1 Permitted Uses Within the Plaza
l _The following operations and uses are permitted within
the Plaza.
.1 Auto-Related Uses:
-Automobile, Recreational Vehicles, or boat sales
and/or rentals.
-Automobile Supply Store
-Automobile Repair Facilities
-Automobile Washing Establishments
-Automobile Detailing Establishments
-Automobile Wholesale Distributors with/without
retail outlets
-Upholstery shops
.2 Business Park Uses:
Principle Uses -
-Administrative and research office facilities
-Essential services (type 1)
-Laboratories, research and diagnostic
-Manufacturing, light, and completely indoors
-Pilot plants
-Professional and business offices
-Prototype development
-Technology research establishments
-Temporary buildings, for the during construction
only
Conditional Uses -
-Day care centers (if oriented to the employees of
the development)
-Essential services (type II)
-Health and exercise establishments
KY' C-4
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.3 Light Manufacturing and assembly compatible
with the intent of Billion Plaza:
-Manufacturing, light, and completely indoors
-Warehousing, Storage
.4 Commercial Uses:
Low traffic-generating retail uses (100 A.D.T/acre
maximum) offering specialized sales, supplies, and
services (including but not limited to):
-Business related sales and service (office
equipment, etc.)
-Medical Emergency Services
-Medical Equipment Sales
-Frozen Food Locker and Storage Rental
-Equipment sales and service
-Essential Services
-Rental Equipment
1.7.2.2 Prohibited Uses - The following operations and uses
shall not be permitted on any parcel with the Plaza.
.1 Junk yards or recycling facilities;
.2 Drilling or removing oil, gas, or other
hydrocarbon substances;
.3 Refining of petroleum or of its products;
.4 Petroleum storage yards;
.5 Commercial excavation or storage of building
or construction materials; provided, that this
prohibition shall not be construed to prohibit
any excavation necessary in the course of
approved building construction pursuant to
Article III of the CC&R's;
.6 Dumping, disposal, incineration or reduction
of garbage, sewage, offal, dead animals or
other refuse;
.7 Fat rendering;
.8 Stockyard or slaughter of animals;
; .9 Smelting of iron, tin, zinc, or any other ore, or
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ores;
.10 Cemeteries;
.11 Jail or honor farms;
.12 Labor or migrant worker camps;
.13 Truck terminals (as primary permitted uses)
2.0 APPROVALS AND SUBMITTALS
2.1 PLAN REVIEW PROCESS
In order to insure that the design standards for the Billion Plaza
contained in these guidelines are achieved, a series of plan submissions will
be required at different stages of the design process. The number of plan
submissions will vary depending upon the complexity and timing of a
proposed development. Plan submissions will also be required for significant
revisions, alterations, additions, or change of use for approved or existing
developments with the Park.
Required plan submissions shall be submitted to the Billion Plaza
Design Review Committee (BP,DRC) consisting of 1) the Declarant or his
authorized representative, 2) a Civil Engineer, 3) an Architect, and 4) a
Planner Landscape Architect or Designer. Each stage of plan submission will
require three (3) sets of plans containing the specific information described
below. The plan submission for each new development and each significant
revision, alteration, addition, or change of use shall be accompanied by a
Review Fee as defined in Section 2.1.1.
2.1.1 Review Fee. An Architectural and Site Plan Review Fee shall
be paid to the Declarant at such times as when plans and
specifications are initially submitted to the BP.DRC in an
amount equal to one cent (IC) per square foot within each
building to be included in the proposal development, but not
less then five hundred dollars ($500.00). The review fee shall
include the review of the master plan (if applicable),
preliminary plans, and construction documents. Review
fees for revisions, alterations, or change of use shall be at the
prevailing rates charged the Declarant for time and materials
required by members of the BP.DRC. Any of the fee not used
for review will be returned to the applicant.
The BP.DRC will be established by the Declarant to review all required plan .
submissions. All submitted plans will be reviewed by the BP.DRC for
C-6
3.4.2 Guidelines:
.1 No building or parking shall be permitted to be constructed
closer than thirty-five (35') from the street-fronting property lines unless
approved by Declarant and City of Bozeman. Planters, walls, site elements
exceeding three feet (3') in height may be permitted in street-side setback areas
only with written approval of BP.DRC. Roof overhangs may extend a
maximum of 18 inches into setback areas. If an driveways and parking areas i
Y Y p g
are put between the street and the building front, the minimum building
setback shall be ten feet (10') from the parking lot. i
.2 The areas of each lot between street property lines and the
minimum setback lines shall be landscaped in accordance with City of i
Bozeman Zoning Ordinance and such landscaping shall remain intact unless
alterations are approved in writing by the Declarant and the City of Bozeman.
.3 Any remaining setback area shall be fully landscaped in a
I manner both compatible with and complimentary to the landscape
easements, as well as the on-site architecture and landscape design concepts.
.4 In accordance with the City of Bozeman Zoning Ordinance,
corner lots at intersections may have no building, parking, sign, wall, or
landscaping over 30 inches in height above top of curb grade located within a
j triangular area formed by the intersecting lines at points 40 feet distant from
the point of intersection as measured along the lot property lines. At private
driveways this requirement is reduced to a minimum of fifteen feet (15').
3.5 INTERIOR PROPERTY LINE SETBACK
3.5.1 Objectives
.1 To provide a definite physical separation between buildings on
adjoining lots suitable for distinguishing separation of properties and
screening one property from the other.
.2 To allow businesses on adjoining lots to be individually
identifiable.
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INTERIOR PROPERTY LINE SETBACK
3.5.2 Guidelines:
.1 Unless otherwise approved in writing by the Declarant, no
building shall be permitted to be constructed closer to an interior property
line than twenty-five feet (25) unless approved by Declarant. In no case will
any two buildings have less than a fifty foot (50') separation.
.2 No parking (other than automobile overhangs) shall be
permitted to be constructed closer than fifteen feet (I5) from an interior
property line, unless otherwise approved in writing by the Declarant.
.3 All setback areas shall be fully landscaped in a manner both
compatible with and complimentary to the Park and associated landscaping
easement, on-site architecture and landscape design concepts.
3.6 SETBACK FROM CREEK AND DRAINAGE
3.6.1 Objectives:
.1 To protect the integrity of the property during storm runoff.
.2 To contribute to the P
en of the o space as a natural
perception P
'park-like' environment.
3.6.2 Guidelines:
.1 No building, sign, or other structure, or development shall be
permitted to be constructed within the 35' drainage and detention easement
along the drainage ways unless approved in writing by the Declarant.
.2 Any parking area that abuts the open space and the associated
creek zone shall be screened on the side that faces the open space. Such.
Cr21,
f
THE CITY OF BOZEMAN
20 E. OLIVE• P.O. BOX 640
t p * BOZEMAN, MONTANA 59771-0640
ENGINEERING DEPARTMENT
CO.N►O
PHONE: (406) 582-2380• FAX: (406) 582-2363
May 18, 1999
To: Development Review Committee
From: Bob Murray, Project Engineer k
Re: Baxter Creek MaSub/PUD #P-9907 and#Z-9939
The following should be included as Final Plat conditions for this subdivision:
1. Storm water Master Plan:
A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location,show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
Storm water receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site,drainage ways and finished lot grades),typical Storm
water detention/retention basin and discharge structure details, basin sizing calculations and a
Storm water maintenance plan.
Any Storm water ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Ponds which serve the
common infrastructure in the subdivision shall not be installed on private lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
A storm drainage easement shall be provided for the drainage swale serving lots 2 through
6 along the west property lines. This shall be shown on the final plat.
2. Plans and specifications and a detailed design report for water and sewer main extensions,storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection, post-
construction certification,and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have
been approved and a pre-construction conference has been conducted.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) streets,
curb/gutter, sidewalks, open space, rear yard frontages or other non-lot frontages, and related
storm drainage infrastructure improvements shall be financially guaranteed or construc ed prior
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
to Final Plat approval. No building permits shall be issued prior to substantial completion
and City acceptance of the required on site and off site infrastructure improvements.
4. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
5. Flood plain:
a) The 100 year flood plain boundary and flood elevations must be depicted on the Final
Plat.
b) Culvert sizing design calculations shall be provided for the stream crossing.
6. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Plat approval.
7. Stream relocation:
a. The Montana Fish,Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to Final Plat approval.
8. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
9. The applicant shall provide and file with the County Clerk and Recorder's.office an executed
Waiver of Right to Protest Creation of an SID for Fallon Street, including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
The documents filled shall specify that in the event an SID is not utilized for the completion of
these improvements,the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property,taxable valuation of the property,traffic contribution from the development
or a combination thereof.
10. Pursuant to Section 16.24.030 F. of the Bozeman Area Subdivision Regulations "Any internal
street not meeting the standards of Chapter 16.16.080 of these Regulations shall be a private
street." The proposed street and Right of Way widths do not meet those standards,therefore,all
streets proposed within the subdivision shall be private,and the final plat shall show Public Access
Easements for the streets rather than Right of Way.
11. This subdivision shall be served by city water. If this involves connection of the J.C.Billion water
system to the City of Bozeman water system, the Billion system must first be accepted by the
City. If the requirements for acceptance of the system cannot be met,other means of connection
to the city water system as approved by the City Engineer shall be implemented. If the Billion
system is accepted by the city, the transfer of the system shall be formally completed by means
of a dedication, and such dedication shall include an indemnification clause as approved by the
City Attorney.
12. The traffic impact study submitted by the applicant states that the left turn movements onto
Huffine lane from Competition Drive and Cottonwood Road will operate at a level of service of
F,with long delays occurring. It further states"Because of the existing highway speeds on Huffine
Lane and the conflicts from both east and west, access to this roadway is a concern, particularly
left-turns from Competition Drive or any other new approach. In addition, because of the long
delays expected(see Section VII-A),some drivers may become impatient or feel pressured and may
attempt this movement when it is not safe. These concerns seem to be substantiated(though only
one year of records is available)by recent accident history at existing intersections in the area(see
Appendix C)."
Pursuant to Section 18.54.060.B.3.v.C. of the Bozeman Zoning Ordinance and
Section 16.18.050.D.7.d.3.of the Bozeman Area Subdivision Regulations,under no conditions will
less than level of service "D" be acceptable. The applicant shall provide plans, acceptable to the
Director of Public Service and the Montana Department of Transportation, that will b:ing the
level of service of the Cottonwood Road/Huffine Lane and the Competition Drive/Huffine Lane
intersections up to a minimum level of service of "D". The level of service with the mitigating
measures in place will be certified by the applicants engineer to the city. No construction shall
begin until such time as the plans for these upgrades are approved and further,no building permits
will be approved until the upgrades have been implemented.
13. The applicant shall complete a warrant analysis for the intersection of Cottonwood Road and
Huffine Lane. If a signal is warranted, the signal shall be in place prior Final Plat approval. As
an alternative,the Final Plat may be approved if the signal is financially guaranteed in an amount
of 150%of the estimated cost of the entire signalization,but under no circumstance will building
permits be issued until the signal is in place. If a signal is not warranted at this time,the applicant
shall file with the Clerk and Recorders office an executed Waiver of Right to Protest Creation of
an SID for the signalization. The documents filled shall specify that in the event an SID is not
utilized for the completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development or a combination thereof.
Additionally, if the signal is not warranted, 20% of one and a half times the estimated cost of a
signal shall be financially guaranteed by the developer until such time as the lawsuit on impact fees
is resolved. If the currently scheduled value of impact fees are determined to be enforceable,the
financial guarantee shall be released.
14. The applicant shall obtain an access permit from the Montana Department of Transportation for
Competition Drive and comply with all requirements of the permit in addition to these
conditions.
cc: ERF
Project File
c:\wpdocsVorms\subdivsn.mem
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MEMORANDUM
TO: DEVELOPMENT REVIEW COMMITTEE
FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTOR
DATE: MAY 17, 1999
RE: BAXTER CREEK PUD/SUBDIVISION
Upon finding that the subdivision is in compliance with the 1990 Bozeman Area Master Plan Update,
Zoning Ordinance, and Bozeman Area Subdivision Regulations, the Planning Staff recommends
conditional approval of the application.
Seven variances to subdivision and zoning standards were requested. Planning Staff support/non-
support of these variances is:
A. Reduce minimum lot size of BP, Business Park Zoning District from one (1) acre to
approximately three-quarters of an acre.
The Planning Staff supports this variance, as all lots will share parking and drive
accesses, reducing the amount of area needed for parking and landscaping.
B. Increase the allowable maximum lot coverage to more than 60%. AND
C. Reduce setbacks from 35-foot front yards on interior streets for parking and buildings
to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
The Planning Staff only supports the 15-foot parking setback from interior
property lines, and from the north, east and west exterior boundaries of the
subdivision, as the reduction in setbacks, which increases the lot coverage, is not
consistent with the intent of the BP, Business Park Zoning District, which is to
"provide for high-quality settings and facilities... (to be)developed so as to recogn ze
the impact on surrounding or adjacent development and contribute to the overall
image of the community." Further, the reduced setbacks are not consistent with the
setbacks in the adjoining Billion Auto Plaza PUD, which are 35-feet from streets for
buildings and parking, 25-feet from an interior property line for buildings and 15-feet
for parking. In addition,although the proposed 30-foot wide constructed street width
for the Baxter Creek PUD is the same as the Billion PUD, the streets in the Billion
PUD are within 60-foot rights-of-way, compared to the proposed 50-foot rights-of-
way in the Baxter Creek PUD. Thus, an additional 5-foot of setback will be lost on
each side of the street.
D. Reduce the right-of-way widths for Competition Drive and North Street from 60-feet
to 50-feet. The Planning Staff defers to the Director of Public Service.
•
E. Reduce the constructed width of Competition Drive and Norton Street from 37-feet to
30 feet.
The Planning Staff defers to the Director of Public Service, however, does have
concern with the reduced width because parking will occur on the street, regardless
of signing, and if the streets are private streets, parking would be controlled by the
owners association.
F. Construct sidewalks adjacent to open space within one year of final plat filing, and
construct sidewalks adjacent to lots at the time the lots are constructed on or within
three years of final plat filing, whichever occurs first.
The Planning Staff does not support this variance. The Subdivision Regulations
were recently amended to require all sidewalks to be constructed at the time the
streets are constructed for two reasons. First, as soon as the second lot is developed,
there is a need for an adjoining pedestrian circulation system, and second, ensuring
that the sidewalks are installed after three years has become an administrative
struggle. As this is a PUD, the driveway accesses are known and will be installed at
the time the curb and gutter are poured for the streets. Thus, the driveways to the
lots will be installed,and there should be no need for construction equipment to drive
over and potentially destroy the curb. Further, there are ways to protect the curb
from construction equipment if the equipment does need to drive over the curb.
G. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
The Planning Staff supports this variance, as Lots 5 and 6 will share access and
parking, and the location of the Baxter Creek Corridor makes it difficult to obtain the
required lot frontage.
The following conditions are recommended for this subdivision. The evidence that justifies the
recommended conditions to ensure that the final plat complies with all regulations, that appropriate
and safe vehicular and pedestrian circulation, adequate public access,utility easements, and rights of
way are provided are provided.
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the
regulations as outlined above. All provisions of the Subdivision and Zoning regulations which
are not specifically waived under this condition shall be complied with.
2. The final subdivision plat shall conform to all requirements of the applicable Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats,show all existing and new
easements, and be accompanied by all appropriate documents, certification by the State
Department of Environmental Quality Subdivision Program, a final platting certificate which
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is issued not less than 30 days prior to the date the final plat application is submitted, all
required certificates, and utility statement. The Certificate of Treasurer must be amended to
use the correct certificate,the Certificates of Planning Dirctor and Director of Administrative
Services deleted . The appropriate number of mylar(or equivalent) copies of the final plat
must be submitted for final plat approval, along with a digital copy of the final plat, on a
double sided, high-density 3-1/2" floppy disk.
3. The developer shall have three (3) years from the date of preliminary plat approval to
complete the conditions, conform to all regulations, and submit a complete application for
Final Plat approval for the subdivision. This approval period may be extended by the City
Commission upon request of the applicant as permitted in the subdivision regulations.
4. The final PUD plan must be submitted to and approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision.
5. The property owner shall provide and file with the final subdivision plat a Waiver of Right to
Protest Creation of SIDS for the following improvements. The Waiver shall specify that in
the event SIDs are not utilized for the completion of these projects, the property owner(s)
shall agree to participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by the square footage of the
property, linear front footage of the property, taxable valuation of the property, or
combination thereof. Said Waiver shall be a covenant running with the land and shall not
expire.
1. Signalization of the Cottonwood Road/U.S. 191 intersection
2. Street improvements to Fallon Street.
6. Prior to application for final plat approval, the subdivider shall enter into a Memorandum of
Understanding with the Gallatin County Weed Control District, and a copy of the signed
document shall be submitted to the planning office with the final plat application. A
Covenants shall be placed on the final plat requiring the property owner(s) and/or Property
Owner's Association to be responsible for the control of County declared noxious weeds.
7. All infrastructure improvements including a)water and sewer main extensions and b)streets,
sidewalks, and related storm drainage infrastructure improvements, shall be financially
guaranteed or constructed prior to final plat approval. No building permits will be issued
for the subdivision until all required water and sewer and streets are installed and
accepted. However, where dictated by circumstances and where acceptable
improvement security is obtained, the City Engineer may approve building permit(s)
once water and sewer are installed and accepted,and curb and gutter and street gravel
courses are installed.
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8. City standard sidewalks shall be constructed on all street frontages one foot off the property
line, or otherwise as approved by the City Engineer, with the exception of the U.S. 191 walk
which shall be installed in the open space as shown in the plans, at the time the street
improvements are installed. City sidewalk permits must be obtained, if applicable, prior to
installation of the sidewalks.
9. The Montana Fish, Wildlife, and Parks, Natural Resource Conservation Service, Montana
Department of Environmental Quality and Army Corps of Engineers shall be contacted by the
applicant regarding the proposed project, and any required permits(i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained for the subdivision work as well as for the creek
relocations. Copies of the permits, or letters indicating permits are not required, must be
submitted to the Planning and/or Engineering Offices prior to commencement of
infrastructure construction or creek relocation. A 35-foot setback from the mean high water
mark of the stream must be shown on the final plat.
10. Written easements, a minimum of 30-feet wide, for the water and sewer main extensions not
located within public right-of-way shall be provided to and accepted by the City Engineer
prior to installation of the utility. The utility shall be located in the center of the easement,
and in no case shall the utility be less than 10 feet from the edge of an easement.
Water rights or cash in-lieu thereof shall be provided when the application for the final plat
is submitted, as agreed to in the Annexation Agreement filed in the office of the Gallatin
County Clerk and Recorder.
12. A note shall be added to the final plat that references the presence of high groundwater in the
area, and that structures with basements are not recommended.
13. As recommended by the Recreation and Parks Advisory Board, a 25-foot wide public trail
easement shall be shown on the final plat, with the easement being located on one side of the
Baxter Creek corridor open space. The developer shall construct a five-foot wide trail
surfaced with natural fines within the easement, and the trail shall align to connect with the
trail originating at Hufiine Lane and continuing north along the west side of the Billion Auto
Plaza subdivision(that trail is yet to be constructed). If the trail corridor and trail cross the
creek, a foot bridge shall be installed by the developer,after appropriate permits are obtained
(310, 404, etc.). The design of the bridge shall be approved by the Recreation and Parks
Advisory Board prior to construction. The trail shall either be constructed or financially
guaranteed prior to final plat approval. If financially guaranteed, the trail shall be installed
within nine (9) months of final plat approval.
14. All contractors shall be advised by the subdivider that all construction related traffic
associated with the development of and within the Baxter Creek Business Park shall be routed
to and from the site via Huffine Lane, and that West Babcock Street east of Ferguson Road,
and none of Durston Road be shall be utilized for construction traffic.
i
i
15. The proposed 25-foot wide right-of-way at the east side of Lot 7 shall be increased to 50-feet
to provide adequate access to the property to the north. This street shall be named and
constructed to the same standard as Norton Street and Competition Drive.
The following are the recommended conditions for the zoning PUD. These conditions are
subject to change/addition/deletion, once reviewed and commented on by the Design Review
Board, and not all recommended conditions are included in this memo.
1. The developer shall have two(2)years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period may be extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5) years.
2. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Zoning Ordinance. An Improvements Agreement must be signed by the applicant prior tc,
final PUD plan approval. No building permits will be issued until the Final PUD Plan is
approved and substantial completion and acceptance of the required infrastructum
improvements. If occupancy of any structure within the development is to occur prior to
completion of all required improvements, the Improvements Agreement shall be financially
guarantee as outlined in the Zoning Ordinance to secure the improvements required for the
affected phase.
3. The sidewalk within the US 191 open space and the trail within the Baxter Creek open space
shall be constructed as conditioned in the subdivision. The picnic area shall be improved prior
to final plat approval, or shall be financially guaranteed. If financially guaranteed, the
improvements shall be completed within nine months of plat approval. An Open Space
Maintenance Plan shall be submitted with the final PUD plan, as required in Section
18.54.060.C.4d,which creates a legal instrument setting for a plan for the permanent care and
maintenance of open space and recreational areas. This portion of the plan must be approved
by the City attorney prior to final PUD plan approval.
4. The Covenants shall be amended as follows (in addition to the amendments noted in the
applicant's supplement):
a. Page 3, Section 1.5 Common Areas: Amend reference of"Enterprise Drive" to
"Competition Drive", add Norton Street and the new street at the east edge of Lot 7.
S^
t
The Design Regulations shall be amended as follows (in addition to the amendments noted
in the applicant's supplement):
Page 8, Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In.exchange for these deletions, staff
recommends that"low traffic-generating retail uses(100 ADT/acre maximum)
offering specialized sales, supplies, and services" be added, which is comparable
to what is permitted in the Billion Auto Plaza Subdivision:
Bakery Banks and financial institutions
Book and stationery store Cigar and tobacco store
Clothing and costume sales/rental Delicatessen& catering estab.
Department store Dry goods and notion store
Dry Cleaning and Laundry Furniture store
Garden supply store Hardware store
Hunt/Fish supply store Mail Order Catalog Store
Paint & wallpaper store Variety store
i
Building materials sales Retail uses in addition to principal uses
Veterinary clinics
b. Pap
e 11, Sub-section d, Building Envelope: Delete reference to motel and banking
purpose canopies, as those uses are not permitted.
C. Page 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
d. Page 15, Section 6, Exterior Liahtin;. Provide a sample light fixture(s) in the
guidelines.
e. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
f. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
6. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
Cc: Mike Smith, Morrison Maierle, Inc.
• , BOMAN
CITY-COUNTY
PLANNING OFFICE
Bozeman ; 20 EAST OLIVE STREET
City-Coun P.O.BOX 640, BOZEMAN,MO TTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
FAX TRANSMITTAL PAGE OF
1 U: 0 " \ ��e - S yb\
FAX NUMBER
FROM: � L14-
REGARDING: C
MESSAGE:
��
• P. 01
k TRANSACTION REPORT
MAY-19-99 WED 4: 31 PM
FOR;
DATE START RECEIVER TX TIME PAGES TYPE NOTE
MAY-19 4: 24 PM MORRISON MAIERLE 7' 02" 7 SEND OK
I
IF YOU RETURNED YOUR BARTER CREEK
BINDER AND WANT IT BACK TO CONTINUE THIS
REVIEW, PLEASE STOP BY THE PLANNING
OFFICE AND PICK ONE UP.
b'
f • •
MEMORANDUM
TO: DEVELOPMENT REVIEW COMMITTEE
FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTO
DATE: MAY 17, 1999
RE: BAXTER CREEK PUD/SUBDIVISION
Upon finding that the subdivision is in compliance with the 1990 Bozeman Area Master Plan Update,
Zoning Ordinance, and Bozeman Area Subdivision Regulations, the Planning Staff recommends
conditional approval of the application.
Seven variances to subdivision and zoning standards were requested. Planning Staff support/non-
support of these variances is:
A. Reduce minimum lot size of BP, Business Park Zoning District from one (1) acre to
approximately three-quarters of an acre.
The Planning Staff supports this variance, as all lots will share parking and drive
accesses, reducing the amount of area needed for parking and landscaping.
B. Increase the allowable maximum lot coverage to more than 60%. AND
C. Reduce setbacks from 35-foot front yards on interior streets for parking and buildings
to 25 feet for buildings and 10 feet for parking, and 25-foot rear and side yards for
parking to 15 feet.
The Planning Staff only supports the 15-foot parking setback from interior
property lines, and from the north, east and west exterior boundaries of the
subdivision, as the reduction in setbacks, which increases the lot coverage, is not
consistent with the intent of the BP, Business Park Zoning District, which is to
"provide for high-quality settings and facilities... (to be)developed so as to recognize
the impact on surrounding or adjacent development and contribute to the overall
image of the community." Further, the reduced setbacks are not consistent with the
setbacks in the adjoining Billion Auto Plaza PUD, which are 35-feet from streets for
buildings and parking, 25-feet from an interior property line for buildings and 15-feet
for parking. In addition,although the proposed 30-foot wide constructed street width
for the Baxter Creek PUD is the same as the Billion PUD, the streets in the Billion
PUD are within 60-foot rights-of-way, compared to the proposed 50-foot rights-of-
way in the Baxter Creek PUD. Thus, an additional 5-foot of setback will be lost on
each side of the street.
Ad,—
D. Reduce the right-of-way widths for Competition Drive and Nor_iifStreet from 60-feet
to 50-feet. The Planning Staff defers to the Director of Public Service.
E. Reduce the constructed width of Competition Drive and Norton Street from 37-feet to
30 feet.
The Planning Staff defers to the Director of Public Service, however, does have
concern with the reduced width because parking will occur on the street, regardless
of signing, and if the streets are private streets, parking would be controlled by the
owners association.
F. Construct sidewalks adjacent to open space within one year of final plat filing, and
construct sidewalks adjacent to lots at the time the lots are constructed on or within
three years of final plat filing, whichever occurs first.
The Planning Staff does not support this variance. The Subdivision Regulations
were recently amended to require all sidewalks to be constructed at the time the
streets are constructed for two reasons. First,as soon as the second lot is developed,
there is a need for an adjoining pedestrian circulation system, and second, ensuring
that the sidewalks are installed after three years has become an administrative
struggle. As this is a PUD, the driveway accesses are known and will be installed at
the time the curb and gutter are poured for the streets. Thus, the driveways to the
lots will be installed,and there should be no need for construction equipment to drive
over and potentially destroy the curb. Further, there are ways to protect the curb
from construction equipment if the equipment does need to drive over the curb.
G. To allow Lots 5 and 6 to have less than the required 150-foot street frontage.
The Planning Staff supports this variance, as Lots 5 and 6 will share access and
parking, and the location of the Baxter Creek Corridor makes it difficult to obtain the
required lot frontage.
The following conditions are recommended for this subdivision. The evidence that justifies the
recommended conditions to ensure that the final plat complies with all regulations,that appropriate
and safe vehicular and pedestrian circulation, adequate public access,utility easements, and rights of
way are provided are provided.
1. The approval of this subdivision/zoning PUD is based on the proposal contained in the
submittal application received by the City-County Planning Office on March 30, 1999, as
amended/supplemented on April 30, 1999. This approval includes the relaxation of the
regulations as outlined above. All provisions ofthe Subdivision and Zoning regulations which
are not specifically waived under this condition shall be complied with.
2. The final subdivision plat shall conform to all requirements of the applicable Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats,show all existing and new
easements, and be accompanied by all appropriate documents, certification by the State
Department of Environmental Quality Subdivision Program, a final platting certificate which
2-
is issued not less than 30 days prior to the date the final plat application is submitted, all
required certificates, and utility statement. The Certificate of Treasurer must be amended to
use the correct certificate,the Certificates of Planning Dirctor and Director of Administrative
Services deleted . The appropriate number of mylar(or equivalent) copies of the final plat
must be submitted for final plat approval, along with a digital copy of the final plat, on a
double sided, high-density 3-1/2" floppy disk.
3. The developer shall have three (3) years from the date of preliminary plat approval to
complete the conditions, conform to all regulations, and submit a complete application for
Final Plat approval for the subdivision. This approval period may be extended by the City
Commission upon request of the applicant as permitted in the subdivision regulations.
4. The final PUD plan must be submitted to and approved by the City, and the approved
Development Guidelines and Covenants filed with the final plat of the subdivision.
5. The property owner shall provide and file with the final subdivision plat a Waiver of Right to
Protest Creation of SIDs for the following improvements. The Waiver shall specify that in
the event SIDs are not utilized for the completion of these projects, the property owner(s)
shall agree to participate in an alternate financing method for completion of said
improvements on a fair share,proportionate basis as determined by the square footage of the
property, linear front footage of the property, taxable valuation of the property, or
combination thereof. Said Waiver shall be a covenant running with the land and shall not
expire.
1. Signalization of the Cottonwood Road/U.S. 191 intersection
2. Street improvements to Fallon Street.
6. Prior to application for final plat approval, the subdivider shall enter into a Memorandum of
Understanding with the Gallatin County Weed Control District, and a copy of the signed
document shall be submitted to the planning office with the final plat application. A
Covenants shall be placed on the final plat requiring the property owner(s) and/or Property
Owner's Association to be responsible for the control of County declared noxious weeds.
7. All infrastructure improvements including a)water and sewer main extensions and b)streets,
sidewalks, and related storm drainage infrastructure improvements, shall be financially
guaranteed or constructed prior to final plat approval. No building permits will be issued
for the subdivision until all required water and sewer and streets are installed and
accepted. However, where dictated by circumstances and where acceptable
improvement security is obtained,the City Engineer may approve building permit(s)
once water and sewer are installed and accepted,and curb and gutter and street gravel
courses are installed.
3
8. City standard sidewalks shall be constructed on all street frontages one foot off the property
line,or otherwise as approved by the City Engineer,with the exception of the U.S. 191 walk
which shall be installed in the open space as shown in the plans, at the time the street
improvements are installed. City sidewalk permits must be obtained, if applicable, prior to
installation of the sidewalks.
9. The Montana Fish, Wildlife, and Parks, Natural Resource Conservation Service, Montana
Department of Environmental Quality and Army Corps of Engineers shall be contacted by the
applicant regarding the proposed project, and any required permits(i.e., 310,404,Turbidity
exemption, etc.) shall be obtained for the subdivision work as well as for the creek
relocations. Copies of the permits, or letters indicating permits are not required, must be
submitted to the Planning and/or Engineering Offices prior to commencement of
infrastructure construction or creek relocation. A 35-foot setback from the mean high water
mark of the stream must be shown on the final plat.
10. Written easements, a minimum of 30-feet wide, for the water and sewer main extensions not
located within public right-of-way shall be provided to and accepted by the City Engineer
prior to installation of the utility. The utility shall be located in the center of the easement,
and in no case shall the utility be less than 10 feet from the edge of an easement.
l i Water rights or cash in-lieu thereof shall be provided when the application for the final plat
is submitted, as agreed to in the Annexation Agreement filed in the office of the Gallatin
County Clerk and Recorder.
12. A note shall be added to the final plat that references the presence of high groundwater in the
area, and that structures with basements are not recommended.
13. As recommended by the Recreation and Parks Advisory Board, a 25-foot wide public trail
easement shall be shown on the final plat,with the easement being located on one side of the
Baxter Creek corridor open space. The developer shall construct a five-foot wide trail
surfaced with natural fines within the easement, and the trail shall align to connect with the
trail originating at Huffine Lane and continuing north along the west side of the Billion Auto
Plaza subdivision(that trail is yet to be constructed). If the trail corridor and trail cross the
creek,a foot bridge shall be installed by the developer,after appropriate permits are obtained
(310, 404, etc.). The design of the bridge shall be approved by the Recreation and Parks
Advisory Board prior to construction. The trail shall either be constructed or financially
guaranteed prior to final plat approval. If financially guaranteed, the trail shall be installed
within nine (9) months of final plat approval.
14. All contractors shall be advised by the subdivider that all construction related traffic
associated with the development of and within the Baxter Creek Business Park shall be routed
to and from the site via Huffine Lane, and that West Babcock Street east of Ferguson Road,
and none of Durston Road be shall be utilized for construction traffic.
4
15. The proposed 25-foot wide right-of-way at the east side of Lot 7 shall be increased to 50-feet
to provide adequate access to the property to the north. This street shall be named and
constructed to the same standard as Norton Street and Competition Drive.
The following are the recommended conditions for the zoning PUD. These conditions are
subject to change/addition/deletion, once reviewed and commented on by the Design Review
Board, and not all recommended conditions are included in this memo.
1. The developer shall have two.(2)years from the date of preliminary approval to complete the
conditions, conform to all regulations, and submit a complete application for Final PUD Plan
approval. This approval period maybe extended by the City Commission upon request of the
applicant for a period to not exceed a total of five (5)years.
2. Seven copies of the final PUD plan showing how all conditions of approval will be addressed
must be submitted. This submittal must include final Development Guidelines and Covenants,
which must be filed at the Clerk and Recorder's Office,and a final landscape/open space plan.
The final plan must comply with the submittal requirements of the appropriate section of the
Zoning Ordinance. An Improvements Agreement must be signed by the applicant prior to
final PUD plan approval. No building permits will be issued until the Final PUD Plan is
approved and substantial completion and acceptance of the required infrastructure
improvements. If occupancy of any structure within the development is to occur prior to
completion of all required improvements, the Improvements Agreement shall be financially
guarantee as outlined in the Zoning Ordinance to secure the improvements required for the
affected phase.
3. The sidewalk within the US 191 open space and the trail within the Baxter Creek open space
shall be constructed as conditioned in the subdivision. The picnic area shall be improved prior
to final plat approval, or shall be financially guaranteed. If financially guaranteed, the
improvements shall be completed within nine months of plat approval. An Open Space
Maintenance Plan shall be submitted with the final PUD plan, as required in Section
18.54.060.C.4d,which creates a legal instrument setting for a plan for the permanent care and
maintenance of open space and recreational areas. This portion of the plan must be approved
by the City attorney prior to final PUD plan approval.
4. The Covenants shall be amended as follows (in addition to the amendments noted in the
applicant's supplement):
a. Page 3, Section 1.5 Common Areas: Amend reference of "Enterprise Drive" to
"Competition Drive",add Norton Street and the new street at the east edge of Lot 7.
S`�
The Design Regulations shall be amended as follows (in addition to the amendments noted
in the applicant's supplement):
Pap-e 8, Permissible Uses for Lots 1-9: The use list included in the supplement shall
be further revised to eliminate the following uses, as they are uses not necessarily
compatible to auto related businesses. In exchange for these deletions, staff
recommends that"low traffic-generating retail uses(100 ADT/acre maximum)
offering specialized sales, supplies, and services" be added, which is comparable
to what is permitted in the Billion Auto Plaza Subdivision:
Bakery Banks and financial institutions
Book and stationery store Cigar and tobacco store
Clothing and costume sales/rental Delicatessen& catering estab.
Department store Dry goods and notion store
Dry Cleaning and Laundry Furniture store
Garden supply store Hardware store
Hunt/Fish supply store Mail Order Catalog Store
Paint & wallpaper store Variety store
Building materials sales Retail uses in addition to principal uses
Veterinary clinics
b. Page 11, Sub-section d, Buildinp,Envelope: Delete reference to motel and banking
purpose canopies, as those uses are not permitted.
C. Page 13, Section 3, Parking Requirements: Eliminate the reference to the Code
section of the Zone Code, and just refer to the Code.
d. Page 15, Section 6, Exterior Lighting. Provide a sample light fixture(s) in the
guidelines.
e. Page 21, Section 12, Installation of Common Improvements: Amend to reflect the
time periods permitted by the City Commission for the installation of improvements.
f. The Covenants shall be amended to include the City of Bozeman as a party to the
covenants to ensure that the Covenants may not be revoked or substantially modified
without the consent of the City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural design, signs, and landscape
guidelines.
6. The park land that is to be added to the Bronken Park as proffered by the developer in
exchange for the variance to reduce the on-site open space percentage, shall be dedicated to
the City of Bozeman prior to final PUD site plan approval.
Cc: Mike Smith, Morrison Maierle, Inc.
P. 01
TRANSACTION REPORT
MAY-17-99 MON 1 : 36 PM
FOR:
DATE START RECEIVER TX TIME PAGES TYPE NOTE
MAY-17 1 : 28 PM 95871176 7' 31" 6 SEND OK
May-10-99 08:08A �- P.02
--� _ BOZEMAN RECREATION DEPARTMENT
1211 W.Main St P.O. Box 640 PHONE(406)5874724
Bozeman.Montana 59771-0640
To DebbWe Arke))
City-County Planning Office
From: Recreation and Parks Advisory Board
DaIrv. May 7. LM
Re: Baxter Creels Moor Subdty Ion
Following the meeting of the Recreation and Parks Advisory Board's
Subdivision Review Committee with Mike Smith of Morrison-Metierk and
you on May 7, the committee presented mformatios about the proposed
Baxter Creek Major Subdivision to the entire board at its meeting on the
evening of May 7.
The board wag In favor of the proposal to satisfy the open space
requirement with a trail along the realignment of Baxter Creek. The
board recommends a 25' trail easement with a 5' wide ttatl surfaced with
natural lines, to be installed and maintained by the developer. The trail
should be aligned to connect with the trail originating at HuMne Lane
and continuing north along the west side of J.C. Bflhon (yet to be
constructed). with a future connection possible to Bronken Park across
land to the north when it is subdivided. The board a]so recommends a
public access easement along this trail as an important future
connection to Broaken Park.
Thank you for the opportunity to comment.
cc:Mike Smtth. Morrison-Maierle
i •
ITEM 4. REGULAR AGENDA
A. � agter=Creek Business Park Zoning PUD #Z-9939_- (Arkelo
West of Billion Auto Plaza, north of U.S. 191
- A Planned Unit Development Application to allow the development of an
eight lot subdivision for commercial uses. (Open and continue to 5/11 until
additional information is submitted)
MOTION: Chairperson Walker moved to open and continue application#Z-9939 until May 11,
1999. Mr. Hanson seconded the motion, which carried 4-0.
B. Aspen Meadows Apartments MaSP/COA#Z-9921 - (Berger)
1062 Oak Street
- A Major Site Plan Application with a Certificate of Appropriateness to
allow the construction of twelve 4-plex apartment buildings and related site
improvements. (Continued from April 13, 1999)
Jeff Fox joined the DRB. In the absence of Planner Therese Berger, Planning Director Andrew
Epple presented the revised elevations. Mr. Fox noted the changes made - the additions of
windows, door covers, and addition of color. (Mr. Sorenson arrived.) He noted porches, which
wrap around the comer, have been added on the rear elevations around the back doors. He
presented the materials, color samples, and elevations that represented the color palette. Mr.
Hanson asked for the slope on the porch covers, to which Mr. Fox replied 3:1. Mr. Fox noted the
applicant is leaning towards vinyl clad windows. Mr. Hanson asked for the composition of the
shingles. Mr. Fox presented a sample. Discussion followed on the roof pitches and the placement
of the windows.
Mr. Hanson commented that the window pattern has changed and the little windows will be very
high. In response to Mr. Hanson, Mr. Fox noted the eaves extend 3 1/2 feet from the wall.
Mr. Hanson noted the applicant may need posts to support them. He noted the porch roof
additions break up the large expanses. He suggested using only two colors for the building,
noting his preference is for the white and brown. He commended the new fenestration, noting it
is an improvement, however, he had hoped the form of the building would have changed.
Ms. Katz concurred with Mr. Hanson's comments, and noted the addition of the low roofs is an
improvement. She noted the pitches or the roof extensions seem out of proportion. In response
to Ms. Katz, Mr. Fox noted the roofs extend three feet over the front doors.
Chairperson Walker asked if posts have to be added to support the roof extension, would the
application have to come back to the DRB. Planning Director Epple noted that type of
modification would be reviewed in house.
Mr. Sorenson discussed the white strip that separates the two levels, noting if it is a piece of
siding, it probably is not be adequate. Ms. Katz noted that the board/strip needs to be a relief of
color and texture and offer visual relief. She and Mr. Sorenson suggested the addition of a belly
2
Design Review Board Minutes-April 27,1999
BOZ AN
CITY- UNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
MEMOPANDUM
TO: Bozeman City-County Planning Board
FROM: Debbie Arkcll, Assistant Planning Director `
DATE: April26, 1999
RE: Continuance of Baxter Creek Business Park Subdivision and Planned Unit
Development (P-9907 and Z-9939) OPEN AND CONTINUE TO MAY 18, 1999
This project has been advertised for the May 4, 1999 Planning Board hearing. However, after Staff
and DRC review of the Development Guidelines and Covenants, several discrepancies between the
Guidelines and the rest of the submittal were discovered, and we felt that some of the information
submitted did not completely address the PUD requirements. The applicant's representatives agreed
to continue the review while they prepare a supplement to answer and address those issues.
Meeting dates will not be set until the information is received. However,because the May 4 meeting
has been noticed, the meeting should be opened and continued to a date certain. If the information
is not submitted in time for the May 18 meeting, the application will again have to be opened and
continued at that meeting.
cc: Robin Sullivan(ROBIN: This delay will also affect the advertised City Commission meeting
dates. The May 17 meeting should be opened and continued to June 7, 3 p.m.)
1
BOZESWN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O. BOX 640, BOZEMAN, MONTANA59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363
M0 "DUM
TO: Design Review Board
FROM: Debbie Arkcll, Assistant Planning Directo
DATE: April22, 1999
: Continuance of Baxter Creek Business Park Planned Unit Development Z-9939.
Open and Continue Meeting to May 11, 1999
The development submittal book was given to DRB members at your April 13 meeting, to give you
some extra time to review the proposal. The project is scheduled to be considered at your April 27
meeting. However, after Staff review of the Development Guidelines and Covenants, several
discrepancies between the Guidelines and rest of the submittal were discovered,and we felt that some
of the information did not completely address the PUD requirements.
The applicant is in the process of preparing a supplement to answer and address those issues. Once
the supplement is received, it will be forwarded to you,and staff will prepare a report for your review
for the next available meeting. Meeting dates certain will not be set until the information is received.
However, because the April 27 meeting has been noticed, the item should be opened and continued
to a date certain, with the May 1 I meeting being the next available meeting. If the information is not
received in time for the May 11 meeting, the application can again be opened and continued.
Please feel free to call me at 582-2364 if you have any questions.
cc: Jack Schunkc, Morrison Maicrlc, Inc.
1
President Walker stated the review of the Pilgrim Congregational Church will be removed from the
Consent Agenda, and considered as Item 5A.
ITEM 4. OPEN AND CONTINUE TO MAY 18, 1999
A. Baiter Creek Business Park iPUD and Subdivision,'Z-9939 and"P=9907, requested by
Steve Olson to allow the subdivision of a 17.56 acre tract of land for the development of an
eight lot PUD for commercial uses on property zoned BP, Business Park, and located west
of Billion Auto Plaza on the north side of US 191 (Arkell)
Assistant Planning Director Arkell advised the Board that this item should be opened and continued,
to allow time for review of additional information. Although the Agenda noted that the project will
be continued to May 18, she suggested it be continued to the June 7 meeting, as the additional
information was not submitted until April 30, and that information stated the traffic information
required by DRC would not be submitted until May 15. Dick McConnen moved, Lynn Rugheimer
seconded, to continue this item to the June 1 meeting. The motion carried by a unanimous voice
vote.
ITEM 5. CONSENT AGENDA
A. Minor Subdivision P-9910(West Park Manor),requested by Western General Enterprises
Revocable Trust, to allow the subdivision of 0.1885 acres into two townhouse lots on
property zoned R-3, and located at 309-311 North 19`h Avenue (Killebrew)
There being no members of the public present to speak on the application, and no members of the
Board wishing to remove the application from the Consent agenda, a motion was made by Dick
McConnen, seconded by Bill Mitchell, to recommend approval of the project as submitted and
conditioned in the Staff Report. The motion carried by a voice vote. The City Commission will
consider this subdivision at their 3:00 p.m.meeting on May 17. No public testimony will be accepted
at that meeting.
B. Conditional Use Permit Z-9938 (High Country Care), requested by Ron and Victoriana
Ireland, to allow the relocation of an existing Adult Foster Care Group Home from another
location to property zoned A-S, and located at 8659 Haggerty Lane. (Killebrew)
There being no members of the public present to speak on the application, and no members of the
Board wishing to remove the application from the Consent agenda, a motion was made by Dick
McConnen, seconded by Ed Musser, to recommend approval of the project as submitted and
conditioned in the Staff Report. The motion carried by a voice vote. The City Commission will
consider this application at their 3:00 p.m. meeting on May 17.
Planning Board Minutes-May 4, 1999 2
BAXTER CREEK BUSINESS PARK PUD/SUBDIVISION. CONFLICTS BETWEEN EA/CIA
AND COVENANTS THAT MUST BE CLARIFIED/AND OR ISSUES ANSWERED. ITEMS
** MUST BE ADDRESSED BEFORE THE PROJECT REVIEW CAN CONTINUE:
1. Covenants refer to 9 lots. There are only 8.
**2. Page 1, EA states uses on lots will be limited to more traditional office/commercial uses.
Covenants lists uses from B-2. Appears to be a way to circumvent Commission's denial of
B-2 zoning on the property. Need to pin down the uses; intent of the development. Needs
to be more defined; e.g. auto park? The pre-ap comments stated the developer should
carefully consider the uses, as the use list provided with the pre-ap showed many uses
conflicting with each other(e.g. veterinary clinic and day care center, both of which are still
on the list). The pre-ap stated the intent/purpose of the PUD should be carefully considered
and the use list developed from that intent. The best I can tell,is the intent is to allow all B-2
uses.
3. Page 3, Covenants,#1.5. Identifies"50 foot right of way on Enterprise Drive"as a common
area. Should also include all other rights of way (Norton and east boundary road)
4. Page 5, Covenants, #4.2. Refers to Nuisances being "defined by the Guidelines", but they
aren't.
5. Page 5, Guidelines. Top of page #c. Require submittal of CDR approval with the City of
Bozeman building permit application.
6. Page 8, Guidelines. #2. The Baxter Creek Business Park is not consistent with the Zoning
Ordinance of the City of Bozeman, so this sentence should be eliminated.
**7. Page 8, Guidelines. Allowable uses. These are simply a listing of uses allowed in a B-2
zoning district. The City Commission denied a B-2 zone on this property after finding it was
not appropriate for the area, and required additional 13-1 zoning districts to be designated to
provide for the needed Neighborhood Services. It was not the intent to allow this 17 acres
to become a major shopping area. During the ZMA, it was noted the reason for requesting
B-2 was for the auto dealership, and Staff was supportive of an auto dealership, and the
expansion of the Auto Plaza Subdivision uses in the area. Staff is not supportive of any and
all B-2 uses. Page 32 of the EA/CIA, Response to#M, states "The master plan and zoning
designation for this area has already determined that the proposed commercial use is a logical
use for this site". This is not the case.
8. Page 13, Guidelines, #3, first paragraph. The Planning Staff cannot grant parking
variances/deviat ions.
9. Page 13, Guidelines, #3, second paragraph. States parking areas shall be placed adjacent to
or behind buildings. Every lot has parking between the building and the street, which to me
is not adjacent (that would be on the side).
1 �
**10. Page 21,Guidelines,#12,versus requested variances on page 1,EA/CIA. 12a says sidewalks
will be constructed prior to occupancy or upon Yd anniversary of plat recordation, and 12e
says the path will be completed within one year of final plat recording. No 6 of the EA/CIA
says sidewalks will be constructed adjacent to the open spaces during initial construction,and
sidewalks won't be constructed on lots until they're constructed on. Page 39 of the EA/CIA
further states the 6-foot sidewalk within the 50-foot open space along US 191 will be installed
during initial construction,as will the trail within the Baxter Creek Corridor,although no time
is given. #12f on page 21 of the Guidelines says the sidewalk and landscape improvements
shown for the open space will be installed at the time the property is developed or within 3
years of final plat, which ever first occurs. Clarify.
11. The Development Guidelines are minimal. A) They don't provide any details for s°gns,other
than"all signs must comply with the sign code". What about a development signs? Three
are shown on the Entry signage/lighting/landscape plan detail in the EA/CIA,and having two
signs on US 191 conflicts with the sign code. B) They don't discuss perimeter buffering
guidelines with specific regard to adjoining land uses (D.2e, page 396-32, Code). Staff is
very concerned with the agricultural adjacency to the west. The landscape plan in the
EA/CIA doesn't show any west ofr north perimeter landscape C) Architectural guidelines
don't really require consistent architecture within the development that would tie each lot
together. D)The entry signage/lighting/landscape plan in the EA/CIA shows street light and
parking lot light locations, but the Guidelines (#6 on page 15) are sketchy with regard to
lighting. Who will install the street lights;will they be MPC standard street lights;must lights
be installed only in the locations shown on individual lots, etc. Bozeman Police Dept
specifically encouraged off-street lighting. Pagel 4 of the EA/CIA states street lighting along
Competition Drive is proposed to be installed during initial construction, so it will then
become a condition.
12. Fire protection, page 28 of Guidelines. Amend to indicate buildings must be fire sprinkled.
13. Burning restrictions, page 28 of Guidelines. Eliminate reference to barbeque areas. There
shouldn't be any reason for an open fire in a commercial district within the city.
**14. Construction Regulations,page 29 of Guidelines. The application doesn't define construction
routes, as required by the Board. Provide the routes, and once approved, add to this section
of the guidelines.
**15. We need to discuss setbacks and maximum coverage. Staff is uncomfortable with the amount
of setback relaxation requested, as well as the amount of building/asphalt coverage on the
lots. Even though a PUD is being requested,the intent of the Business Park zone should still
be adhered to as much as possible.
**16. Pre-ap comments required the preliminary submittal to address the natural and native
enhancement of the corridor, and a graphic detail of sidewalks and landscaping between the
structures and parking lots. No graphic details of landscaping within this area is provided.
**17. Pre-ap comments required the developer to obtain a review of the proposal from the Parks
and Recreation Advisory Board prior to submittal, and that their comments be incorporated
into the plan. The agency letters and responses section of the EA/CIA doesn't show this
occurring. Pre-ap comments also required a 15 foot wide trail access easement within the
Baxter Creek corridor, and none is shown on the preliminary plat. Proposed and existing
vegetation along the US 1919 and creek open space areas were required to be identified,with
the landscape tying in with the Billion subdivision. No reference to this occurring is provided.
Page 15 of EA/CIA states the 1/3 acre turn area with picnic tables and shelter will be
maintained by owners association. Need to indicate when this will be installed.
**18. The pre-ap review required the EA/CIA to include a delineation of the 100 year flood plain
for Baxter Creek, per Section 16.20.020, Bozeman Subdivision Regulations. This has not
been provided.
19. The pre-ap required the preliminary plat to show a minimum 35-foot watercourse setback
along Baxter Creek, which is not shown. This is important with regard to the installation of
the impervious surfaced trail, as the trail should not be within that 35-foot watercourse
setback.
20. The pre-ap stated "Norton Drive" should be named "Norton Street". It's still "Norton
Drive". Naming is subject to approval of the Director of Public Service/City Engineer.
**21. The pre-ap stated a 60-foot r/w for the extension of Fallon Street should be provided. The
EA/CIA (page 12) simply states Fallon will be constructed by others, and no r/w is shown.
I'm not sure its feasible to bring Fallon back to this property, but it should be
addressed/discussed.
22. Page 5, EA/CIA. Cuts and fills. The streets will require three feet of fill, meaning they will
be three feet higher than the ground is now? If so, will all lots be filled in now, also?
23. Page 5, EA/CIA. Where are the site test pits for groundwater? Very concerned with 1.5'
to groundwater.
24. Concern with traffic impacts. Traffic study ID's LOS F at intersection, but summary of
probable impacts (page 23 of EA) doesn't reflect this.
25. Page 27, EA/CIA, #iv sub 4) states the rationale behind assumptions and choices made is to
provide a campus-like setting for future employees. Can't see how this is happening with
+60% lot coverage.
26. Page 27,EA/CIA,#vi states rear of buildings will have same architectural treatments as front
or side, in effort to mitigate conflicts between land uses. With 15-foot parking and 25-foot
building setbacks proposed versus a 35-foot setback required in the adjoining A-S land to the
west and 25-foot minimum in BP, can't see how just building design provides all mitigation
27. The Landscape Plan in the EA/CIA conflicts with the landscape plan in the Guidelines with
regard to species (Greenspire Ash as street trees on the plan; Patmore Ash per the
Guidelines).
28. The figures provides in the EA/CIA don't scale,but it is pretty apparent that if you scaled the
detention ponds shown on Figure 6 onto the Master Plan(figure 4,those ponds would be in
some building and/or parking sites.
29. Wetlands summary isn't clear. The area of wetlands shown within the Study and after page
8 in the EA/CIS is larger than the park area; no clear summary that they are jurisdictional
wetlands is given.
30. The r/w within Billion Auto Plaza Sub is 60 feet. Appears the street is constructed to a 30-
foot width, w/curb and gutter. Concern with reducing the 50-foot r/w by 10-feet; narrows
the street vision corridor, when combined with the setback reduction.
31. Because Billion's is already platted, the entire r/w is needed from this property for the north
street on the east side of Lot 7, to Fallon.
32. Need a sunset date for installation of sidewalks; not just until each lot is constructed on.
i
B OZ; qAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 UST OLIVE STnEET
Clty'County P.O,BOX 640,BOZEMAN,MONTANA 50771-0640
Planning Office PHONE: (406) 582-2360 f AX: (40G) 582-2363
NOTICE A OF PUBLIC HEARING
FOR A MAJOR SUBDIVISION PRELIMINARY PLAT
AND A CONDITIONAL USE PERMIT APPLICATION
NOTICE IS HEREBY GIVEN of a public hearing before the BOZEMAN CITY-
COUNTY PLANNING BOARD on Tuesday,May 4, 1999, at 7:00.p.m., and a public meeting
before the BOZEMAN CITY COMMISSION on Monday, May 17, 1999, at 3:00 p.m. Both
meetings will be held in the Commission Meeting Room, City Hall, 411 East Main Street,
Bozeman, Montana.
The purpose of the public hearing and meeting is to consider a Major Subdivision
• Preliminary Plat and a Conditional Use Permit application for a Planned Unit Development for
Baxter Creek Business Park requested by Steve Olson, 1805 West Dickerson Street, No. 1,
Bozeman, MT 59715, pursuant to Sections 18.53 and 18.54 of the Bozeman Zoning Ordinance
and Section 16.10, Bozeman Area Subdivision Regulaitons. Said application would allow the
subdivision of a 17.56 acre tract for the development of an eight lot Planned Unit
Development for commercial uses. The subject property is located west of Billion Auto
Plaza, on the north side of U.S. 191, and is legally described as a 17.56 acre tract of land
located in the NE'/4, Section 9, T2S, R5E, City of Bozeman,Montana, and is owned by
.,Montana Ranch Properties, Inc., as to an undivided 8.333% interest; Triple Tree, LLC, as
to an 8.333% undivided interest; Gardiner Green, Jr., as to an undivided 83.334% interest,
as tenants in common, % Steve Olson. The property is zoned "BP" (Business Park) District.
Public testimony will be taken at the public hearing. Written comments may be submitted
to the Bozeman City-County Planning Office, P.O. Box 640, Bozeman, MT 59771-0640. The
recommendation of the Planning Board will be forwarded to the Bozeman City
Commission, who will make the final decision on the project, for their consideration at
their regular 3:00 p.m. meeting on Monday, May 17, 1999. Maps and related data regarding
this application may be reviewed in the City-County Planning Office, 20 East Olive Street, 582-
2360. For those who require accommodations for disabilities, please contact Ron Brey, City of
Bozeman-ADA Coordinator, 582-2305 (voice), 582-2301 (TDD).
1
' SUBMITTED 04/15/99 FOR SUNDAY, 04/18/99 DISPLAY AD PUBLICATION. PLEASE
PRINT WITH NORTH ARROW UP, BOLD WHERE INDICATED, AND SEND
AFFIDAVIT TO CITY-COUNTY PLANNING OFFICE.
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BOZE.�,J4N ,
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STnEET
City-County P.O.BOX 640,BOZEMAN,MONTANA 59771-0640
Planning Office PHONE: (406) 582-2360 FAX: (406) 582-2363
NOTICE OF PUBLIC MEETINGS AND A PUBLIC HEARING
FOR A CONDITIONAL USE PERMIT APPLICATION
AND A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
NOTICE IS HEREBY GIVEN of public meeting to be held before the CITY OF
BOZEMAN DEVELOPMENT REVIEW COMMITTEE on Tuesday, April 20, 1999; at
10:00 a.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman,
Montana.
NOTICE IS FURTHER GIVEN of a public hearing before the BOZEMAN CITY-
COUNTY PLANNING BOARD on Tuesday, May 4, 1999, at 7:00 p.m. and of a ptiblic
meeting before the BOZEMAN CITY COMMISSION on Monday, May 17, 1999, at 3:00
p.m. in the Commission Meeting Room, City Flail, 411 East Main Street, Bozeman, Montana.
The purpose of the public meetings and hearings is to consider a Major Subdivision
Preliminary Plat application and a Conditional Use Permit application for a Planned Unit
Development for Baxter Creek Business Park requested by Steve Olson, 1805 West
Dickerson, Bozeman, MT 59715, pursuant to Sections 18.53 and 18.54 of the Bozeman Zoning
Ordinance and 16.10, Bozeman.Area Subdivision Regulations. Said application would allow the
subdivision of a 17.56 acre tract for the development of eight commercial lot Planned Unit
Development for commercial uses. The subject property is located at west of Billion Auto
Plaza, on the north side of U.S. 191, and is legally described as a 17.56 acre tract of land
located in the NE'/4, Section 9, T2S, R5E, City of Bozeman, Montana, and is owned by
Montana Ranch Properties, Inc. as to an undivided 8.3330% interest; Triple Tree, LLC, as
to an 8.333% undivided interest; Gardiner Green,Jr., as to an undivided 83.334%
undivided interest, as tenants in common, % Steve Olson. The property is zoned "BP"
(Business Park) District.
Oral testimony will not be taken at the public meeting before the Development Review
Committee. However, written comments will be considered if submitted to the Bozeman City-
County Planning Office by 5:00 p.m. on April 19, 1999. The recommendations of the Committee
will be forwarded*to the Bozeman City-County Planning Board and City Commission for their
consideration.
Oral and written testimony will be taken at the public hearing and meeting before the
Planning Board and City Commission, with the City Commission making the final decision on the
project. Written comments may be submitted to the Bozeman City-County Planning Office, P.O.
Box 640, Bozeman, MT 59771-0640 . Maps and related data regarding this application may be
reviewed in the City-County Planning Office, 20 East Olive Street, 582-2360. For those who
require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA
Coordinator, 582-2305 (voice), 582-2301 (T.DD).
#Z-9939 &#P-9907 Baxter Creek Business Park PUD & MaSub Pre]. Plat
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SUBJECT 2
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MEMORANDUM
TO: Design Review Board members
FROM: Debbie Arkell, Assistant Planning Direct �
DATE: April 13, 1999
: Baxter Creek Business Park Planned Unit Development
Attached please find the application book for the Baxter Creek Business Park PUD. This subdivision
is located just west of Billion Plaza Subdivision(Billion Chrysler), and is located in the West Main
Entryway Overlay District. A PUD is requested to allow uses other than those permitted in a BP
zoning district,to reduce the street right-of-way and construction widths,and for various other code
reductions, as outlined on page 1 of the application.
This application is scheduled to be considered by the Board on April 27. A Staff Summart will be
sent with your packets for that meeting, but the books are being delivered to you now so you have
adequate time to review the proposal. If you cannot attend the April 27 meeting, please make sure
this application book is returned to our office on or before that date.
Please call me at 582-2364 if you have questions regarding the project.
1
REDIFORM® _ REDI-LETTE`?° 4S472/4P472
CARBONLESS SPEEDISET 448 3-PART
TO:
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SUBJECT DATE-
MESSAGE
CA
SIGNED
REPLY
SIGNED DATE
REDIFORM SEND PARTS 1 AND 3 INTACT. CARBONLESS SPEEDISE
4S 472/4P472 POLYPAK(50 SETS)° PART 3 WILL BE RETURNED WITH REPLY.
DETACH AND FILE FOR FOLLOW-UP
BOZE@AN
CITY-COUNTY
PLANNING OFFICE
Bozeman 20 EAST OLIVE STREET
City-County P.O.BOX 640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
April2, 1999
Jack Schunke
Morrison-Maierle, Inc.
P.O. Box 1113
Bozeman, MT 59771
Re: Baxter Creek Business Park PUD (#Z-9939) and MaSub Preliminary Plat (#P-
9907)
Dear Schunke:
The applications for a Major Subdivision Preliminary Plat and PUD for Baxter Creek
Business Park have been received and assigned to Assistant Planning Director Debbie Arkell. The
applications have been reviewed in accordance with the submittal checklist and appear to meet the
submittal requirements. However, please understand that during the course of review there may
be other items identified or issues which need to be addressed. Should that occur, Planner Arkell
will be in contact with you.
The proposals will be discussed by the Development Review Committee on two
consecutive Tuesdays, April 13" and 20''', at 10:00 a.m. in the Commission Meeting Room at City
Hall, 411 East Main Street in Bozeman. The City-County Planning Board will conduct a public
hearing on the proposals at 7:00 p.m. on Tuesday, May 4, 1999, in the Commission Meeting
Room at City Hall. The recommendation of the Planning Board will be forwarded to the
Bozeman City Commission for its consideration and final determination at the 3:00 p.m. meeting
on Monday, May 17, 1999. You and your client will be sent information prior to each meeting.
A copy of the receipt is enclosed. Please feel free to contact this office if you have any
questions regarding the applications or the review process in general.
Sincerely,
Carol L. Schott
Enc: Planning Secretary
CLS/cs
cc: Steve Olson, 1805 West Dickerson, No. 1, Bozeman, MT 59718
1
Mw
City of Bozeman 17539
Receipt
Bozeman, Montana `�% � �f�1C � J 1999
Received of � /
the sum of 74 -"lUf 1"dAd 4/l Dollars
for
By
a )0— 9907
r
BOZEMAN CITY-COURTY PLANNING OEF'ICE
CARNEGIE BUILDING - 35 NORTH BOZEMAN WCEIVED BY
P. O. BOX 6,10 , BOZEMAN , MONTANA 59715
( 406 ) 586-3321. , EXT.. 227 (FAX _4587-7785 ) MAR 3 0 1999
CONDITIONAL USE PERMIT APPLI CAT IO&TY-COUNIrY PLAWN21�,G
-----------------------------------------------------------------
Certain uses , whale generally not suitable in a particula-r Zoning
District , may, under certain circumstances , be acceptable . When
such circumstances exist , a Conditional Use Permit may be granted
subject to certain conditions . The permit- is granted for a
particular use and not for a particular per.•son or farm. No
Conditional Use Permit shall be granted for a use which is not
specifically designated as a conditional. use in the subject
district regulations of. the Zone Code .
-----------------------------------------------------------------
1 . Name and address of property owner: Steve Olson
1805 W. Dickerson, No. 1, Bozeman, MT 59715 Phone : 406-586-1321
2 . Name and address of applicant : Morrison-MaieNe, Inc.
901 Technology Blvd. , Bozeman, MT 59718 _ Phone : 406-587-0721
3 . Name and address of Engineer/Architect/Pl.anner:
_ Morri son-Mai erl e,_Inc.. , Bozeman, MT 59718 _ Phone : 406-587-0721
4 . Name of project/development : Baxter Creek Business Park SLbdivision, PUD
5 . Address of proposed development :__
6 . Legal description :_SE , Section 9, T2S, R5E, Bozeman, .MT
7 . Current Zoning BP Land Area 764,913.60q . ft . 17.56 acres
8 . Describe the proposed development ( use additional sheets if
necessary : Baxter Creek _Business Park PUD is an eight lot comrrercial subdivision
located adjacent to Billion Auto Plaza on the north side of Huffine Lane. The site
was annexed into the_ City of Bozeman along with other properties as part of the Valley
West Annexation. The site was designated for commercial uses in the Bozeman Area
Master Plan and zoned Business Park (B-P) . Land use regulations governing the proposed
subdivision include Bozeman Area Master Plan, Bozeman Zoning Ordinance, including
Entryway___Corri_dor._Regu.la.tio.n_s.,_._Ci_ty.._of_._Bozeman Subdivision, Regulations and the proposed
Baxter Creek Business Park PUD Development Guidelines.
9 . Review Fee : $660 . 00 ( Minimum .fee after refund: $400-. 00 )
This application mast he accompanied by appropriate fee and 15
c.opi.es of: a completed site plan ( see Submittal requirements ) drawn
to scale on paper not larger than 24"x36" . Application deadline
varies . Please check with the Planning Office for. date . This
application must be signed by both the applicant and property owner
( if different ) before the submittal will be accepted.
I ( We ) hereby certify that the above information is true and
corr-ect to the best: of my (.our ) knowledge .
<S�IG�tC
Pro
Applicant ' s Signature perty 0 ner' s Signature
I
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r- • •
File No.
PLANNED UNIT DEVELOPMENT (PUD)
PRELIMINARY PLAN
SUBMITTAL REQUIREMENTS
Applicant �rEy 0L..`,;oQ Residential PUD
Project 0,4XTM CREEK 13U5IVE55 AKJ11 Commercial PUD
The following is a checklist of submittal requirements for all
Planned Unit Development (PUD) Preliminary Plans. The applicant
must complete this checklist and submit it along with the items
stated for the application to be considered complete. Any item
checked "NO" or "N/A" (not applicable) must be explained in a
narrative attached to the checklist.
Upon submittal , staff will review the checklist and determine
if the application as submitted is complete. If so, it will be
placed on the Development Review Committee (DRC) and Design Review
Board (DRB) agendas; then subsequently reviewed by the Planning
Board . Incomplete submittals will be returned to the applicant.
1 . DOCUMENT REQUIREMENTS
The following information shall be presented in an 8 1/2" X
11 " vertically bound document. The document shall be bound
so that it will open and lie flat for reviewing and organized
in the following order :
YES NO N/A
A. Application forms ;
B. A list of names of all general and limited ,
partners and/or officers and directors of
the corporation involved as either applicants
or owners of the Planned Unit Development; /
C . Legal description of the site; r/
D. Adjacent property owners
( 1 ) a copy of the list of the names and
addresses of record of real property within
400 feet of the property lines of the parcel
of land for which the Planned Unit
Development is proposed, exclusive of public
rights-of-way;
( 2 ) the original list shall be included in
the document; /
( 3 ) names and addresses shall be included V
on stamped envelopes;
1
�I
i
YES NO N/A
E . A statement of planning objectives ,
including : ✓
( 1 ) statement of' applicable City land use
policies and objectives achieved by the
proposed plan and how it furthers the
implementation of the Bozeman Area Master
Plan
( 2 ) statement of proposed ownership of ,
public and private open space areas and
applicant' s intentions with regard to future
ownership of all or portions of the Planned
Unit Development
( 3 ) estimate of number of employees for
business , commercial , and industrial uses
(4 ) description of rational behind the ✓
assumptions and choices made by the applicant
( 5 ) the applicant shall submit as evidence
of successful completion of the applicable
Community Design Objectives and Criteria of
Section 18 . 54 . 100 , documentation pursuant to
these regulations for each proposed use;
the applicant shall submit written expla-
nation for each of the applicable objectives
or criteria as to how the plan does or does
not address the objective or criterion ; the
Planning Director may require , or the
applicant may -choose to submit, evidence
that is beyond what is required in that
, section ; any variance from the criterion
shall be described
( 6 ) detailed description of how conflicts
between land uses are being avoided or
mitigated
( 7 ) statements of design methods to reduce
energy consumption , (e . g . - home/business
utilities , transportation fuel , waste
recycling ) j
F . A development schedule indicating the
approximate date when construction of the
Planned Unit Development, or stages of the
same , can be expected to begin and be com-
pleted , including the proposed phasing of
construction of public improvements and
recreational and common space areas; /
G . Reduced versions of all preliminary plan ✓
and supplemental plan maps and graphic
illustrations at 8 1 /2" X 11 " or 11 " X
17" size .
2
A
2 . SITE PLAN REQUIREMENTS
A site plan of the proposed development
drawn at a scale of one ( 1 ) inch equals
one hundred ( 100 ) feet , eighty (80) feet,
sixty ( 60 ) feet , fifty ( 50 ) feet or forty
(40 ) feet and composed of one or more sheets
with an outer dimension of twenty-four by
thirty-six ( 24 X 36 ) inches , showing the
following information :
YES NO N/A
A. Name of project/development; ✓
B. Location of project/development by street �-
address ; ✓
C . Location map , including area within one
mile of site ;
D. Name and mailing address of developer/owner; ✓
E. Name and mailing address of engineer/ ✓
architect; ✓
F . Date of plan preparation ;
G. North point indicator ; ✓
H . Location of municipal and extra-territorial ✓
boundaries within or near the development;
I . Listing of specific land uses being proposed ;
J . Parcel size(s) in gross acres and square
feet;
K. Total - number , type , and density per type of
dwelling units ; ✓
L . Total gross residential density and density
per residential parcel ;
M. Estimated total floor area and estimated
ratio of floor area to lot size ( Floor Area
Ratio, FAR) , with a breakdown by land use;
N . Proposed coverage of buildings and ✓
structures for parcel (s ) and total site ,
including the following the following :
( 1 ) percentage and square footage of ✓
building coverage
( 2 ) percentage and square footage of
driveway and parking ✓
( 3 ) percentage and square footage of public
street right-of-way
(4 ) percentage and square footage of open
space and/or landscaped area
( 5 ) percentage and square footage of ✓
"active recreational use" area ✓
0. Number and location of off-street parking ,
including guest , handicapped , bicycle and
motorcycle parking , with typical dimensions
of each ;
3
' • •
YES NO N/A
P. Topographic contours at two-foot intervals ,
unless differently permitted by the Planning
Director ;
Q. Watercourses , water bodies and irrigation ✓
ditches ;
R . Floodplains as designated on the Federal
Insurance Rate Maps;
S. Unique natural features , significant wild-
life areas and vegetative cover , including
existing trees and shrubs , having a diameter
greater than two and one-half ( 2 1/2 ) inches
by species ;
T . Tentative location and floor area of
existing and proposed buildings;
U . Boundary and square footage of each area ✓
designated as active recreational use
V . Location and acreage of common open areas
and all public and- semi-public land uses,
including public parks, recreation areas,
school sites , and similar uses;
W. Location of existing and proposed pedes-
trian circulation system, indicating the
proposed treatment of points of conflict;
X . Maximum building height of all structures;
Y. The existing and proposed circulation ✓
system of arterial , collector and local
streets , including off-street parking areas ;
service areas ; loading zones ; and major-
points of ingress and egress to the develop-
ment; notations of proposed ownership, public
or private , should be included where
appropriate;
Z . Existing zoning ; ✓
AA . The proposed treatment of the perimeter of ✓
the Planned Unit Development, including
materials and techniques used , such as
screening , fences , walls , and other land-
scaping ;
BB . Prposed signage , with locations and
illustrative examples;
CC . Adjacent site information
Area shown on the site plan shall extend
beyond the property lines of the proposal to
include a survey of the area and uses within
200 feet of the proposal , exclusive of public
right-of-way at the same scale as the
proposal and including the following :
( 1 ) land uses and location of principle
structures
( 2 ) densities of residential uses
4
.7
YES NO N/A
( 3 ) existing trees and major features of V_
landscape
(4 ) topographic contours at two-foot ✓ 7
intervals , unless differently permitted by
the Planning Director
(5 ) traffic circulation system
DD. Supplemental vicintiy map
Vicinity map of the area surrounding the site
within a distance of at least one ( 1 ) mile
showing :
( 1 ) zoning districts ✓
( 2 ) location of municipal boundary lines
( 3 ) traffic circulation system
(4) major public facilities including ✓
schools , parks , trails, etc.
EE . Attorney ' s or owner' s certification of
ownership;
FF . Chairperson and Secretary of the Planning
and Zoning Board certification of approval of
the site plan , including a statement of any
variances to the Community Design Objectives
and Criteria of Section 18. 54. 100;
GG. Owner certification of acceptance of
conditions and restrictions as set forth on
the site plan;
3 . SUPPLEMENTAL PLAN REQUIREMENTS
A . Architectural elevations
Preliminary architectural elevations of all
buildings sufficient to convey the basic
architectural intent of the proposed
improvements ;
B . Landscape treatment
A general landscaping plan indicating :
( 1 ) treatment of materials used for
private and common open spaces
( 2 ) all existing vegetation with identifi-
cation of trees by sizes of species
( 3 ) specific proposals to protect and
preserve existing trees during and after
construction
(4 ) the scale shown on plant materials
C . Utility plans
The existing and proposed utility systems and
proposed utility systems, including :
( 1 ) sanitary sewers
( 2 ) storm sewers
(3 ) water
(4) electric — ►7
5
YES NO N/A
( 5 ) gas
( 6 ) telephone lines
( 7 ) fire hydrants
( 8 ) trash collection areas ✓
D . Street cross sections if different from ✓
City standards ; street cross sections
schematics shall be submitted for each
general category of street , including the
propsed width , treatment of curbs and gutters,
sidewalk systems and bikeway systems where
deviations from the design criteria and
standards of the City are proposed ;
E. Physiographic data, including the following:
( 1 ) a description of soils existing on
the site , accompanied by analysis as to the
suitability of such soils for the intended
construction and proposed landscaping
( 2 ) a map showing all permanent and
temporary streams and sketch showing the 100
year floodplain for each period as designated
in the design criteria as established by the
City
( 3 ) a description of the hydrologic
conditions of the site with analysis of water
table fluctuations and a statement of site
suitability for intended construction and
proposed landscaping
F . Drainage plan
Preliminary drainage report and calcula- ✓
tions and/or plan , including :
( 1 ) all watercourses on the property or
which are located within 200 feet of the
property , must be shown ; in addition , the
floodways and/or flood fringe areas of these
watercourses must be delineated /
( 2 ) all drainageways , streets , arroyos ,
dry gullies , diversion ditches , spillways ,
reservoirs , etc. , which may be incorporated
into the storm drainage system for the
property shall be designated
( 3 ) all irrigation ditches, laterals , and
structures shall be shown
( 4 ) all required on-site detention areas,
including notes indicating the approximate
area and volume of the facility
( 5 ) all plans shall indicate the proposed
outlet for the storm drainage from the
property , including the name of the drainage-
way (where appropriate) , the downstream
conditions ( developed , available drainage-
6
T
ways , etc . ) , and any downstream restrictions
YES NO N/A
( 6 ) existing and/or proposed grading plan
G. Temporary facilities plan ✓
A plan of the site showing the location of
all temporary model homes , sales offices and/
or construction facilities , including
temporary signs and parking facilities ; /
H.. Preliminary subdivision plat V
If the project involves or requires platting ,
a preliminary subdivision plat, subject to
the requirements of the City' s Subdivision
Ordinance shall be submitted; /
I . Traffic impact analysis
At the discretion of the Public Service
Director a traffic impact analysis shall be
prepared based upon the proposed development,
including the provisions of the approved
Master Plan , if part of such Master Plan ,
and upon surrounding land uses; the Public
Service Director may require the traffic
analysis to include the following: /
( 1 ) land use and trip generation - a table
of each type of land use , the number of units
or square footage, as appropriate, the trip
rates used (daily and peak hour) and resulting
trip generation
( 2 ) traffic graphics showing : ✓
(a) AM peak hour site traffic ✓
( b ) PM peak hour site traffic
(c) AM peak hour total traffic
( d ) PM peak hour total traffic
(e ) total daily traffic (with site
generated traffic shown separately )
( 3 ) AM and PM capacity analysis ✓
An AM and PM peak hour capacity analysis .for
all major drive .accesses that intersect
collector or arterial streets and all site
arterial-arterial collector-collector and
arterial-collector intersections within one
mile of the site or as directed by the
Director of Public Service;
(4) Report format shall be as follows :
( a) trip generation - using Institute
of Transportation Engineers Trip
Generation Manual
( b) trip distribution ✓
(c ) traffic assignment �—
(d ) capacity analysis
( e ) evaluation ✓
( f ) recommended access plan , including ✓
7
c •
access points , modifications and
any mitigation techniques
YES NO N/A
( 5 ) Additional Analysis Criteria
Appropriate clearance intervals shall be pro-
vided for each exclusive movement; pedestrian
movements must be provided for each cycle and
pedestrian overpasses shall not be at inter-
sections ; maximum pedestrian walking speeds
shall be four feet per second with a minimum
"WALK" time of seven seconds ; intersection
pavement widths shall not exceed that required
to provide three through lanes in each direc-
tion , dual left-turn lanes and right-turn-
lanes .
Traffic progression will be of paramount
importance ; consequently , all potential inter-
sections with signals will be placed on quarter
mile points unless otherwise approved by the
Director of Public Service .
Intersection Level of Service "C" shall be the
design objective and under no conditions will
less than Level of Service "D" be accepted for
site operations ; arterial intersections and
turning operations shall operate at Level of
Service "C" ; if Level of Service "E" is the
result of the study , then alternatives of
providing Level of Service "D" shall be
analyzed and included as part of the study;
generally , the design year will be approxi-
mately 15 years following construction .
( 6 ) Summary analysis explaining :
( a) the proposed access points for ✓
the project , their location and the
rationale for their placement in
terms of circulation /
( b) future off-site road improvements ✓
for access , which roads they will
be , the projected time frame for
their completion and who is respons-
ible for their completion /
(c ) ADT and level of service changes
to all streets
(d ) how traffic impacts to existing
streets will be minimized by the
Planned Unit Development
( e ) descri'be bicycle and pedestrian ✓
pathways within the development ,
if used
8
YES NO N/A
J . Additional Studies and Plans
The Planning and Zoning Board or City
Commission may require additional impact
studies or other plans as it is deemed
necessary for providing thorough consideration
of the proposed Planned Unit Development ;
particularly if the development' s compliance
with the Community Design Objectives and
Criteria is under question ;
4. REPRODUCIBLE COPY REQUIREMENTS
In addition to the above document, Site
Plan and Supplemental Plan requirements the
applicant shall submit the following for
review purposes :
A. One full size rolled ( not folded ) mylar of
all plans and renderings ;
B. One 8 1 /2" X 11 " clear film reduction of ✓
all plans and renderings for reproduction
and overhead projector use .
* Reference to 18. 54. 060 "Preliminary Plan Submittal Requirements"
of the Bozeman Interim Zoning Ordinance ( 7/02/90) .
Fee : $660 . 00 plus $6 . 00 per residential unit and/or $4 . 00 per
1 , 000 square feet of gross leasable industrial or commercial
(includes prof-essional business offices) floor area.
Minimum fee after refund: $500 . 00
9
03/30/99 17:30 12406 587 1176 MORRISON MAIERLE BOZEMAN PLANNING IZO01/001
�p,•, n/�ORMSON ENGINEERS
11/1 lv 301EN'f1STS
SURVEYORS
�&ERL��, T RT � ta� PLANNERS
E'uvC, 901 TECHNOLOGY KVD•P.O.BOX 1113•BOZEMM,MT 59771 •406-687-0721 •FAX;406-587-1176
An Rmpk ,,-0wned Company
March 30, 1999
Mr. Steve Olson
1805 West Dickerson,No. 1
Bozeman,MT 59715
Re: Baxter Crock PUD and Preliminary Plat and Plan Submittal
MM#3130-001.010.0310
Dear Mr. Olson:
Review fees charged by the Bozeman City/County Planning Department are as follows:
(PPP $660Basic,Fee i
($4/1,000 sf of leaseable non residential floor space=$541.65
Preliminary Plat-$200 Basic Fee
$3/lot=$24.00
Total=$1,425.65
Plan and Specifications Submittal- $25.00 Water System
25 Sewer System
Total $50-00
Thank you.
Sincerely,
Morrison-Maierle,Inc.
Michael Smith,P.E.
Bozeman Office
MS:lmn
HA3 1 3 010011WPDlsub-fets.wpd
Beginning Our Second Half Century
• ENGINEERS
MORRItN
b SCIENTISTS
SURVEYORS
PLANNERS
MERLE IT�TwC. 901 TECHNOLOGY BLVD • P.O.BOX 1113 • BOZEMAN,MT 59771 • 406-587-0721 • FAX:46-587-17
6
An Employee-Owned Company
March-30, 1999
Mr. Andy Epple
Bozeman City/County Planning
P.O. Box 649-
Bozeman,.MT 59771
Re: Baxter Creek Busine ss Park'PUD'and.Preliminary Plat
MM#3031.001.010.0310
Dear Andy:
We are enclosing for your review:
1.. The Preliminary Plat Application
JrTl!ConditiorialTUse-Permit Application
3 17The_PUD'Preliminary_Plari Submijftifk quirerrien
4:A Certification of Adjoining Property Owners L�
5. Three sets of address labels
6. A Preliminary Subdivision Certificate of Title
7:A check in the amount of$1,425.65
8. Six copies of the Engineer's Design Report
9. Six copies-of the Wetlands Report
10. 2„ :opies-ofthe PUD and Preliminary Plat Application
If you have any questions or comments,please give me a call.
Sincerely,
r
Morrison-Maierle, Inc.
i
i
R. Schunke, P.E.
I Bozeman Office Manager
Enclosures
H:\3130\001\W PD\transmits.wpd
Beginning Our Second Half Century