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Home My WebLink About638300223892570346) ;i ;Z Meadows°Ph+ IZi ` `-"""'-------� Mods to�PUD` 4598Ea�tHaxter Barter Meadows`�De.vzlopment,EP' ,September 15 �20'045�'� r; �, I _fl W fV V Q� D s y File Folders SP411.1/3 Project: l;?.lQ� 11 110 File #: Z—O-�ar)Q A Review for completeness bv--'e If complete, return to front office for file. If incomplete, write/contact applicant and explain why by To DRC: To DRB: T—oZ 3 DRB Report Due: To Planning Board: Planning Board Report Due: To Zoning Commission: Zoning Commission Report Due: To City Commission: /A S City Commission Packet Due: 30 City Commission Work Session: '-- Notice to Paper: 9 for publication on l�T ',�D Notice to adjoiners and post site on : //-/D FILE REVIEW SHEET - ' 4— -PLANNED UNIT DEVELOPMENT File Name:&Aek �� 1S� �% "W ile Number. _ ()3 C),f) (, A Reference Files: =`k\clfo -o3v-16A , o3a�(�\ o3ogt3� -no�5, - 3063I—Z-- 31 Date Date Done N/A Due Done By DRC initial week review j a ❑ DRC second week review l R ❑ DRC final week review ❑ DRB review 19 ❑ DRB staff report due ❑ WRB review- if applicable ❑ Comments from other review agencies due ❑ Notice to applicant and adjoiners (not less than 15 or more than 30 working days before the City Commission hearing) l 11 l3 i 1 ❑ Post notice (not less than 15 or more than 30 working days before the City 11 I p ❑ Commission hearing) I Newspaper notice (not less than 15 or more than 30 working days before the City ;` `O ❑ Commission hearing) City Commission staff report due 1 3Q ❑ City Commission hearing date l 215 ❑ Final approval letter to applicant ❑ Recommended Recommended Approval Recommended Date N/A Approval with Conditions Denial DRC action ❑ DRB action ❑ WRB action ❑ Approved Approved with Conditions Denied Date City Commission action Date Final Site Plan due: Improvements Agreement required? ❑ Yes ❑ No Date returned: Date of Final Site Plan approval: Date Final Site Plan approval expires: Date financial guarantee received: Date financial guarantee expires: Date financial guarantee released: Date Temporary Occupancy is granted: Date Final Occupancy is granted: Fro'cctActivit: oa a o CittJ, of P)ozeman Department o� Planning&Community Development 'roject Name: pile No: -p Date Activity Staff Staff Cumulative Member(s) Hours Hours i 3 ZY Ia , LA 2611 If a t s� M RIVER. acoserm. �■ 1 i �� O• �� ,all® ® , ►lU®` [{p\`.\`\�,\��r��t" •5.,p^yj,',ge7l ! �� 1 � �L. z y• • ' ,i � r® '. • = �■� �.. � rl r V ■®° �IID loon NO ®� ��h��r�� v�►�i�. ��e. ;v _•�� ®:�•� �� ■� III-�il� _ �. 01 : 111111 111111 "11� 1 s .Y `�a �� ;► 111a w11 MjW 092at 1...� a n JJ r�� !` �,®deaal� , i /�Ilf 1�111l,, ■ N 1 , Ai Novel,� .199 iiii PIPPIN UPPRIff" � } 4L � �a�:ee®® edeeeedoa� ��► AN111,011, all ��. 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AND COMMUNITY DEVELOPI AENT mw •� •�• ram• RAWHIDE ST 3 'ice' • � v n.w, MCA `� � �`` � / eIt FRAS I ewc G-MAY STREET ,s= •�cA �d' GALLOWAY ST 0 GRl10WgYr STREET Y 4p 1 �� 1\\\\\\\\\\\\� \\\\\\\\\\\\/ / \\\\\\\\\\� \\\ cc Q) 7 i L. — i H F • ' s IDna is 1° 'LCS 'LL'T •rwn. . . • • 6 Y N EQUESTRIAN LAf�E O�rp O�� .d' •d' O�cA } •EQUEST(�N LANE •,� •�cP • \\\\\\\\\\\\\ \\\\\\\\\\\\\\ \\` N > i 3 ° Q > Q C a Q Z m o ® O O <- FTTI 1 11 00 < < P ° Q /.-�' < U AA C, TRAKKE IL STRE .� SYMBOL TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFIG. •�� RA O LAMP FIXT. LENSE ARM POLE/HT. FIN. 5 P1 175-MH-DMS50-SG3-V-OMIA-SM6F-20-BKTX 2' 1 20' STAGGERED • 31 P1 100-MH-DMS50-SG3-V-OMIA-SM6F-18-BKTX 2' 1 17.5' STAGGERED = d G • 1 P1 70-MH-DMS50-SG1-V-OMIA-SM6F-18-BKTX 2' 1 17.5' STAGGERED G OEXST. PH. 1 PI 100-MH-DMS50-SG3-V-OMIA-SM6F-18-BKTX 2' 1 17.5' STAGGERED BAXTER MEADOWS PHASE 2A, 2B, 2C, 2D, 2E & 2F STREET LIGHT SITE PLAN I�� ,,y �,,5 �,,5 BAXTERLANE 10/3/05 ORIGINALLY PREPARED BY COLLABORATIVE DESIGN ARCHITECTS - MODIFIED BY PC DEVELOPMENT (PHASE 2C/D) - MODIFIED BY TD&H, Inc. (PHASES 2A,2B,2E,2F - 10/24/06) SCALE: 1'-200' \ Z \ KIMBERWICKE ST. KIMBE WICKE ST. 1 9e' Imm' �mm' PHAS LOT 1 LOT 1 LOT 7 _ _- 1,9]m a Bb]0 n.6]B < Q 9m m / W `_ LOT 2 n LOT 2 LOT B `r ZC 1,.1m else OT O 5 Y 5F Gr�RH >s*1� /yam 3_ a LOT LOT, BLOCK 15 RAWHIDE STREET W 9m' a LOT J BJ.9 a e.161 LOT i 2 v a BLOCK �,�`10 � 9m' D LOT 4 Le.nm L OT D n.0 1.110 i Y SF 1 O w O 0 2 LOTS LOTS LOT I1 ' 0 x 9m' LOT 6 LOT 12 b]6' 2 LOT 6031 bps] 141m pF x •E!. x >ar Y GALLO GQUOW9Y ST iy o LOT?(,) 9s 5s' v Ims• u• aN .]^ .]. LOT 1 e ,.y Q L071 LOT/1 LOT 19 �pJF 5 D LOT 5 >m LOT 1 04 LOTS D a S.N.x 5!6m x O O�5 p?.O?.O 5l6m m A91S 5Jc• 9,s.e . 1, „ e,x ♦. ,, x LOT LOT LOT LOT 12 lyi LOT T2 LOT] Im.131 Im,U1 BLOC 11 w 5Nm5F 5J5m5F w w }P� y aLOT O m LOT] 1 > •~- ~•• ~$ Oi ie]p5F = LOT�J3 1 R509 Ty oyv 4034 1 a �.QS. x Q s3ee x LOT 21 5.6)i x 3 x v `0T2 LOT6 Z BLOCK 14 ,.9b 9359 ^ ^ LOT 1 O LOT9 x x O a SLIbTY LOT 66' LOT 22 Z I>8' LOT 6 w'3' • wr ,..1a. � f 11]x F]n x 5 LOT 6 O LOT 10 g LOT 3 e] ' ls' ♦ PH ANSE Of e L2 T S Lle)x LOTn• g _ f n LOT] LOT) !!.s x SJ54]Sc 7,a F1361 l0T 2 9)05 53v �a �x LOTH Q x ��LOT f0 x QE 5< W : 5.," SJ°eT.y �� Oa Oa ! ],N x f^ �1, y W Ey w i V LOT4 F)' LOTS 'LOT7 LOT 2E LOT 25 ep5m' 1 oe11 upv. a 9 p• •�' ]emmx LOT4 Y e.x Sf LOnI 9 LOT 4 9 LOT B LOT u OT 1 �} o �� ]r )]15p LOT 11 5,.5) 55m m )J6. pV )16a 1-2{ 1-• �� I--g LOi x e SF x5 L SF x y �x x :O� a 5< lAtst LANE 1 EQU LANE 3 jLOT 1 LOT 2 LOT J SOT 5 LOT 6 LOT 7 LOT 1 LOT l0T J LOT/ LOT 5 LOT 6 5.A01 5.!ml b)D0 5 5J5e 5150 e5m .DlE S,.9e 5351 .ems 4eaw Y x x Y •3 51 x x x x x x xuj u j 0- LOCK ]8 B p Q`/ 5 6 O O D w LOT a LOT 9 LOT 10 J i{r1e eps7 Q OT 7 6.1m Q SF SF x Q 46e Q U 5 S�FD x 3a 6 D TRAKK R TRA lof Z cc) z o_ W� BOSAL ST. 1 1 LOT1 LOT2 LOT3 L'T4 LOTS LOTS LOT110T2 LOTJ 10T4 LOTS LOT 6 r W 0. 5.,w s)m 6.551 si SJpp s!y .Del .,61p 6,1� SpD. .b1D 4" U LU�O1�5 M W a— O � . n Q /1r5]W a- _ (n 595' 555' 5] 5)' .9' .S' 55• 553' _ 0� LOT 7 LOT a LOT 9 LCI I I LOT 12 LOT 17 T 7 LOT B LOT 9 LOT 10 11 LOT I SET- U SbBm 6266 ,b'µ 5351 53 5051 Spl $1)1 5.168 5339 9.mN 5-951 x SF x SF Y Y SF 5f SG SF CC 0Z01 u. PROJECT NO. a 6 6 O DRAWN BY: e ® CS •��••• •��2 •••.,BAXTER-L•ANE IL CHECKED BY: p DATES — O 1 Z PRE: 3J3m3 1 I CRS: 4ema 1 1 >— cos: sJmm4 \ \ ® REV. ^— PHASE TWO SITE PLAN - PHASING PLAN -� SHEET= 1 A' PH 2 NO SCALE LEGEND a ►� - FOUND 1/4 CORNER, FINAL PLAT OF ►� FOUND SECTION CORNER ® IV) f�i4�'fTER EA®O !S HASEItAFOUND 5/8"REBAR WITH 2" ALUMINUM CAP aMARKED AWED ENGINEERING 13174 PLS".OR AS,NOTED _ - > Q SET 5/8" X 24" REBAR WITH 2" ALUMINUM CAP .' - In UT - m MARKED "STARK 12249 LS" LOCATED IN THE S 112 OF SEC.,34, T1S R5E - z - OO SET MAG NAIL IN SIDEWALK AND NE 114 OF SEC. 3 T2S R5E, P.M.,M, 0'0 PHASE IIA BOUNDARY GALLATIN COUNTY, MONTANA FOUND BRASS CAPz LOT LINES _ _ _ - - 35 r 2SEE CORNER RECORD _0 ----------------- -EASTMENT LINES - rn 5 _ 34 AL SPRING DITCH SURVEY REQUESTED BY BAXTER MEADOWS DEVELOPMENT TO CREATE A. - - 3 I... MAJOR SUBDIVISION WITHIN A PLANNED UNIT DEVELOPMENT.- _o } LOTS (26) = 4.895 acres - - Tn O w PARKING LOTS (3) `' = 0.586 acres - - - - - - - ., _d ..:PUBLIC PARK 0.446 acres - - - - - _ DETENTION POND #3 EASEMENT - 0.630'acres - - TRACT 2A WATERCOURSE SETBACK - 0.635 acres - - ` - - TRACT 4A �I I _00 PUBLIC STREETS AND - - CERTIFICATE OF SURVEY 22024- - - - - - CERTIFICATE OF SURVEY 2202A - _ ,\ R I _ _ .. 00 1 ALLEYS (R/W) = 8.182 acres _ TRACT LINE. -i -' _ q \. W 04 z Q . ' �. W 60 R/W _ OD 0 w N Z TOTAL AREA OF PHASE 11A = 15.372 acres - - -- - - - _.. S00'18'03"E 1229.00' Q a r,Z3 a-w POINTOF BEGINNING - - - - - - - --- - LINES (M-399) CABAL O AVENUEN(9ODR/M MORTGAGE SURVEY N0018'03"W _ --go-R/W - - _ �----- - 223.00' '231.00' I- Y >. - 166 13 '�:�, 182.00` 161.69' 170.19' m z m BLOCK`.16 �' BLOCK 18 I BLOCK 20 i W m u ; 1 FL NO ACCESS U,2 >� d o N00'18'03"W - - N00'18'03"W : -'.' N0098'03"W. `NDO'18'03"W N00'18'03"W N00'18'03"W "- N ¢ - " 122.00' - - 101.69' - --- 105119• - STRIP (TYP) 163.00' - 165.00' 10D w _ 1OZ R/W LOT 8 ro - aMo LOT 6 . LOT 12 I• - w f. soy RT,A, •. - L i in - �n N 5,288.15 SF N .. - l 5,474.16 SF ,r� r 5,557.06 1 A SF - ' o LOT 3` _ w LOT 7 a 0.12 AC 0.13 AC .". 15,403.53 SF o- of .. . , 13,076.42 SF 6 � � Bo'R/W � I too'R/W m' °'^ ^ NOO.18'03 W-. c N00'18'0.3"W. ,-N00'I8'03"W rn rn 0.35 AC rn z z 0:30 AC boo-i3•- M N TRAKKER �.. m - 1o,ss' ao ii. -�M ,os.ls� I_ ` Oo �3 NO o io ro LOT 5 ,-.= m^ . �� BUILDING m r LOT 5 - �a0 LOT 11i- h _ - - - - - M c i ;r n - a - 5,557.06 SF cc 1 5 03_W-_ w 5,289.62 SF;, ;n ...5,474.16 SF ci I�i 165.00' '�'? 'O 0.12 AC' 'O O1 m LOT 10 - 0 0.13 AC mm -0.13 AC h j. N00"18 03TW - ¢ m w F� m I z T- z z 19,111.49 SF w z z 0 I w _w 163 00'' w W z N00'18'03" - 0.44 AC W zw NDO.18_'03 A '18 o.3"W w: O ! F¢^ _w i� - - w ¢ice w �n W aim w N010519• W Z n ^ PARKIN LOT n� a r^ Z�N__ w 100.13' ; �m_ tolss' 1 :, n�= .r ; W a a n n o LOT 2 0 o di LOT 6 m I. r n- d z- n w a n n n o 4 a co ,_ "14,092.28 SF na mod- ^oo LOT_4 .., o =n ~zzm LOT 4 r%> oo - L0T.;10 � �� 10.757.E3�4.SF I m -awo.°o' ::-0.32 AC- a Z'¢z a rn� 5.907.40 SF:; of a' - 00 z H z �a 4,956.40 SF - -oi. 6.204.56''SF to m,a W -. yWZlro. Zm 025 IC' l_- z.'2 _ m >_ aom 0.14-AC �n Z�y. JJ a _ _.. 0.11.AC Z��1n 0.14A'C ��: _z Z r7 -------- ----- I+ z ¢ - N00'18'•` �--- _ z a s m �.�+..,riV - -�.,.. ¢ ----- -�._f,r1-"+ ` ---�- ..� z - - '.. ^ 1 NOD'18'03"W r N00'18 03"W . l > --.--Q�-w-.- N00'16'03 W �. N00'18 03 W.. '122.OD' Q _ z o 101 69' o N00'18 0.!W " J _ 163.00' �. - - --'- o --------- ---- 105�9'_r d' y Q n. ---- 165.QD--------- .f --- -l2QJ3 ----------- �.� m o L-t -^.. TRACT 2A - 3" t5.00• UTILITY w -- H - i5.00',unuTY 15.60' unuTr z o - PARKING LOT �o F� ° PARKING LOT Z 15.00' UT1LITr W CERTIFICATE,OF SURVEY 2202A EA5EMENTS 'I -. ,¢ - ; - F 15.00' UTILITY 15.00 UTILITY. ' "EASEMENY.&' ---'I - 'W - EASEMENT& � m >m �' LOT 3 -;¢ EASEMENT& _ - J _ .LOTI"i O z m -EASEMENT m -Y,° ti- o LOY' �>;" _ - ° - -%,.� '" ' PEDESTRIAN WALKWAY `^° OPED STRIAN WALKWAY 'LOT. ;9 - _iH., W- EASEMENT ,.6,711.14'SF Qz ,a 6,327.55�'F PEDESTRIAN..WALWAY ^. z ..- 6,023:5`4:1 SF' m M¢ J n •' _ --0-- w r.g. ... I 0.15'AC Cl-a 0.15 AC I`° u-T ¢ m oo O _ 0.14 Ai 8,051.97 SF ... j Q - LOT �.. ^o'�m - LOT 5.. ,W' o N00.18'03:W,: m > 0.18 AC NOD'18.'03"W, N00'18'0.3"W - > 0 '18'03W Io m � U) i 18 .42 A-SF a- y '130.31.40.5F Lu 12 122.00' Q _ } N 005.19' rna� 9.42 AC 0.31 AC 100 13' W 101.69• w I " W¢ _ N001$03"W o LOT :2 o J> M LOT 8 Lu n� �' LOT 2 J¢ o o y io '5,734.85 SF- I. > - - - o-. o J oc > o .LOT $' Io J- 165.00° o n 6,505.83 SF ri vi J a J: .+ 5,406.7A SF:-, a.� in / 0.15 AG �n in ,� - 9 SF Im n 0.12 AC - 0.13 AC Q 5'0 13 AG I p . - - u' as' 10.00' UTILITY TRACT 4A �TIt•.N74�354 aw 51' 5T ' -NOD'1J 3"W - o N0O'1B'03"W N00 03"W-►'1 _ wMA g, f I : � N00'18'03'W- - EASEMENT CERTIFICATE OF W E T RTIFfCA s'--,a vl - LOT 4 'ion 122.00 101.69' s• s• 105:19• W 100.13' s�--�-,s• _ - I I SURVEY 2202A i�. 12,390.40 SF I : fir/ ,�w 0.28 AC DO ,� -LOT 1 ,� n 6,05T83 SF M I o 5 L05.15 SF o I o 5 31T 1 01.85 SF Im w /\ N `3 1' N14• o 5,056.33 SF, o ,� o Q OSS 1-'. 2354" 0.12 AC: vt '� 0,15 AC N 0.12 AC. Ul "> 0.12 AC din I_ I- 1 t.. - 92.38 E NOO*l '03"W - 50'--��50' F - - N00'18'03"W. N00is'( N00'18'03"W N00'18'D3"W L = 27.00' 101.69' 105.19' 0 . _ - l• N74 23.54 E LLJ 96.Og R = 105.00• W' aB' -- _ 48.94• 100.13' 122.00' N14'23'54"E 16.16' m'rs/W 166.13' 182.00 _ _ CL 100.00' - 161-.69 - - 170.19'--------- 11 N --1- - -- - -- ivoo'1 a'o3'w VAQUERO PARKWAY (80'R/W) �L-- LINEAR PARK - TAINE RL 1so.00' Noo i$'o3"w N 760.0)0' _ N00'18'03"W 47"¢,.00' - I w r7 - 0 FOUND BENT 5/8 REBAR - MORTGAGE SURVEY, j N �' - i n DETEN1ON POND'#3 - EASEMENT co LINES (M-399) 1 �. n - - d WI. AREA = 14509 S.E. --� �--- __ -- --..-. �� _.., jam) VOLUME _ 10,382 C.F. __ - -- ^: _ -- -- � 50'wA�tcouRse s,=reAac� - _ z _-_ - I N 35'WATERCOURSE SETBACK -- bTI N00'04'51"W 425.3�- d- I Tn I TRACT 3A z Do rn d CERTIFICATE OF � O SURVEY 2202A Z La I � r N05 w 00 455.35 �_ I I- n - --- F - I w 08'28 TRACT 2A I w CERTIFICATE OF SURVEY 2202A - sO'R/W LOT 6 I LOT 5 i .5 LOT 4 LOT 3 I LOT.2 I - LO71, U) 1J I J1, SHEETCALCULATED POSmON l� BAXTER MEADOWS SUBDIVISION - _ FALLS IN SEWER Lb,NHOLE - U(! JUN 1 5 2004 _ SET REFERENCE POINTS TFI L' -- P.U.D. PHASE I : I SEE CORNER RECORD l 1 OF 2 �P Df (SCALE IN FEET) O © p © 4 p p FINAL PLAT OF BAITER MEADOWS PHASE //A o: a a LOCATED/N THE S 112 OF SEC. 34, T. 1S,,& 5E m CERTIFICATE OF DEDICATION: - AND NE 114 OF SEC. 3, T. 2S., R. SE. I, THE OF PROPERTY OWNER, DO HEREBY CERTIFY THAT I HAVE OF P.M.M. GALLATIN COUNTY MONTANA CAUSED TO BE SURVEYED, SUBDIVIDED AND PLATTED INTO LOTS, BLOCKS, STREETS AND ALLEYS, AND OTHER DIVISIONS AND DEDICATIONS, AS SHOWN BY THE PLAT CERTIFICATE OF COMPLETION OF IMPROVEMENTS - HEREUNTO INCLUDED, THE FOLLOWING TRACT OF LAND, TO WIT: - I, GERALD R. WILLIAMS AND I, PHILIP P. PORRINI, A REGISTERED-PROFESSIONAL ENGINEER LICENSED TO a LEGAL DESCRIPTION: PRACTICE IN THE STATE OF MONTANA, DO HEREBY CERTIFY THAT THE FOLLOWING IMPROVEMENTS, REQUIRED AS A CONDITION OF APPROVAL OF BAXTER MEADOWS PHASE IIA HAVE NOT YET BEEN INSTALLED IN SITUATED IN THE SOUTH 1/2 OF SECTION 34, w TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.,M. AND THE NORTHWEST 1/4 OF CONFORMANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND HAVE BEEN FINANCIALLY GUARANTEED. SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.,M., GALLATIN COUNTY, - THE IMPROVEMENTS TO BE FINANCIALLY GUARANTEED ARE; a) WATER AND SEWER MAIN EXTENSIONS, b) STORM MONTANA AND BEING PART OF TRACTS 2A, 3A, AND 4A OF COS 2202A - - WATER DRAINAGE, c) STREET IMPROVEMENTS, d) SIDEWALK IMPROVEMENTS, e) CURB AND GUTTER IMPROVEMENTS, CONVEYED TO BAXTER MEADOWS DEVELOPMENT, L.P., BEING MORE f) PARKING LOT IMPROVEMENTS, g) DEDICATED PARK LAND, LANDSCAPING AND IRRIGATION, h) PARK LAND TRAIL PARTICULARLY DESCRIBED AS FOLLOWS: _ SYSTEM AND I) STREET LIGHTING. } COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34; THENCE SOUTH 89'41'57" WEST THE SUBDIVIDER HEREBY WARRANTS AGAINST DEFECTS IN THESE IMPROVEMENTS FOR A PERIOD OF ONE YEAR 1150.00 FEET; THENCE SOUTH 00-18'03" EAST 50.00 FEET To THE POINT of BEGINNING OF PHASE IIA; FROM THE DATE OF ACCEPTANCE. THE SUBDIVIDER GRANTS POSSESSION OF ALL PUBLIC INFRASTRUCTURE- MPROVEMENTS TO THE CITY OFBOZEMAN,AND CITY HEREBY POSSESSION OF ALLPUBLIC THENCE SOUTH 89'41'57 WEST, 499.31 FEET ALONG TRACT 4A AND 3A (COS 2202A);. I - O NFRASTRUCTURE IMPROVEMENTS, SUBJECT TO THE ABOVE INDICATED WARRANTY. O 00 THENCE THE FOLLOWING TWO (2) COURSES ALONG THE EASTERLY LINE OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE I; - _ - - a o 4 1. NORTH 00'18'03" WEST, 760.00 FEET; DIRECTOR OF PUBLIC SERVICE - - - DATE - F 2: SOUTH 89'42'47" WEST, 107.50 FEET; THENCE THE FOLLOWING CITY OF BOZEMAN, MTG FOUR (4) COURSES THROUGH TRACT 2A (COS 2202A); _ BAXTER MEADOWS DEVELOPMENT, LP - _ Z 1 o IL z 1. NORTH 05'08'28" WEST, 455.35 FEET; - - 2. NORTH 89'47'25 EAST, 240.23 FEET; a N7 3. NORTH 14'23'54" EAST, 16.16 FEET; 4. NORTH 89.41'57" EAST, 400.90 FEET; PHILIP P. PORRINI BAXTER MEADOWS CONSTRUCTION, INC GENERAL PARTNER - THENCE SOUTH 00'18'03 EAST, 1229.00 FEET THROUGH TRACT 2A AND 4A (COS 2202A)- MT REGISTRATION NO. 4371 BY: GERALD:R. WILLIAMS, PRESIDENT } > TO THE POINT OF BEGINNING CONTAINING.15.372 ACRES OF LAND, MORE OR LESS, - - Y m } ?m ALL AS SHOWN ON THE ATTACHED DRAWING WHICH IS HEREWITH.INCORPORATED CE P NF qOUNTY TREASURER: - or o m Ir o IN AND MADE A PART OF THIS LEGAL DESCRIPTION AND IS SUBJECT TO ALL I, r!w_ TREASURER OF GALLATIN COUNTY; MONTANA, DO HEREBY CERTIFY THAT THE Ia- O Y EASEMENTS AND RIGHTS OF WAY OF RECORD. A COMPANYING PLAT HAL BEEN DULY EXAMINED AND THAT ALL REAL PROPERTY TAXES AND SPECIAL THE ABOVE-DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS BAXTER A SESSMENTS ASSESSED AND LEVIED ON THE LAND TO BE SUBDI\A ED ARE PAID. F o o d MEADOWS SUBDIVISION, PHASE IIA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA; AND - DATED�JL?14� 2004 YJ✓ _� 0 �QR,6.t•+A..•- THE LANDS INCLUDED IN ALL STREETS, AVENUES, ALLEYS, AND PARKS OR PUBLIC SQUARES - COUNTY TF4EASURER - SHOWN ON SAID PLAT ARE HEREBY GRANTED AND DONATED TO THE CITY OF BOZEMAN FOR THE PUBLIC USE AND ENJOYMENT. THE LANDS INCLUDED IN ALL STREETS, AVENUES, ALLEYS, CERTIFICATION OF CLERK AND ECORDER: AND PARKS OR PUBLIC SQUARES DEDICATED TO THE PUBLIC ARE ACCEPTED FOR PUBLIC USE, I, __ _ CLERK.AND RECORDER OF GALLA71N;COUNTY, MONTANA, DO HEREBY CERTIFY BUT THE CITY ACCEPTS NO RESPONSIBILITY FOR MAINTAINING THE SAME. THE OWNER(S) AGREE(S) - THAT THE FOREGOING INSTRUMENT WAS FILED IN MY OFFICE-A'I°'__—O'CLOCK, THIS DAY THAT THE CITY HAS NO OBLIGATION To MAINTAIN THE LANDS INCLUDED IN ALL STREETS, AVENUES, OF____2004 AND RECORDED IN BOOK___ OF...PLATS ON PAGE RECORDS _ ALLEYS, AND PARKS OR PUBLIC SQUARES HEREBY DEDICATED PUBLIC USE. THE LANDS INCLUDED OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA. IN ALL STREETS, AVENUES, ALLEYS, AND PARKS OR PUBLIC SQUARES WHICH THE CITY ACCEPTS RESPONSIBILITY FOR MAINTAINING INCLUDE BAXTER LANE. DATED_ 2004 CLERK AND RECORDER "THE UNDERSIGNED HEREBY GRANTS UNTO EACH AND EVERY PERSON, FIRM, OR CORPORATION, � WHETHER PUBLIC OR PRIVATE, PROVIDING OR OFFERING TO PROVIDE TELEPHONE, ELECTRIC POWER, CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE: - GAS, INTERNET OR CABLE-TELEVISION SERVICE TO THE PUBLIC, THE RIGHT TO THE JOINT USE I, DIRECTOR OF PUBLIC SERVICE, CITY OF BOZEMAN, MONTANA, DO HEREBY CERTIFY THAT THE ACCOMPANYING PLAT :. OF AN EASEMENT FOR THE CONSTRUCTION, MAINTENANCE, REPAIR AND REMOVAL OF THEIR LINES HAS BEEN DULY EXAMINED AND HAS FOUND THE SAME TO CONFORM TO THE LAW, APPROVES IT, AND HEREBY ACCEPTS AND OTHER FACILITIES IN, OVER. UNDER AND ACROSS EACH AREA DESIGNATED ON THIS PLAT THE DEDICATION TO THE CITY OF BOZEMAN FOR PUBLIC USE OF ANY AND ALL LANDS SHOWN ON THE PLAT AS BEING AS "UTILITY EASEMENT" TO HAVE AND TO HOLD FOREVER." DEDICATED TO SUCH USE.. - ��c�(( BAXTER MEADOWS DEVELOPMENT, LP DIRECTOR OF PUBLIC SERVICE DATE DATED THISHIDAY OFJhnL, 2004 ^ CITY OF BOZEMAN, Mr ° CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW M,IAAA W THE BAXTER MEADOWS SUBDIVISION, PHASE IIA, GALLATIN COUNTY, MONTANA IS WITHIN THE CITY OF BOZEMAN, p z BAXTER MEADOWS CONSTRUCTION, INC., GENERAL PARTNER MONTANA, A FIRST-CLASS MUNICIPALITY, AND WITHIN THE-PLANNING AREA OF THE BOZEMAN GROWTH POLICY STATE OF MONTANA ) BY' GERALD R. WILLIAMS, PRESIDENT WHICH WAS ADOPTED PURSUANT TO SECTION 76-1-601 et seq., MCA, AND CAN BE PROVIDED WITH ADEQUATE O a COUNTY OFSSSZ. - STORM WATER DRAINAGE AND ADEQUATE MUNICIPAL FACILTIES..THEREFORE, UNDER THE PROVISIONS OF SECTION 76-4-125(2)(d), MCA, THIS SUBDIVISION IS EXCLUDED FR . OM -•REQUIREMENT FOR MONTANA DEPARTMENT OF BAXTER MEADOWS PhIASE IIA ON THISI�AY OF __Li12� 2004, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF MONTANA, ENVIRONMENTAL QUALITY REVIEW. CITY OF BOZEMAN - N I I W W PERSONALLY APPEARED THE ABOVE SIGNED, KNOWN.TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING --I1 U INSTRUMENT AND ACKNOWLEDGED TO METHAT M• XE,CUTED THE SAME. J - I, y IN WITNESS WHEREOF, I HAVE HEREUN'q,� ihA lO AND AFFIXED MY NOTARY SEAL THE DAY AND YEAR FIRST ABOVE DIRECTOR OF PUBLIC SERVICE DATE - '`'�, ., - F I--� Q Q •.9' CITY OF BOZEMAN, MT - 2, II 'r : RESIDING AT--/'c'ir-�—" �Z51LZAS.--. II I --.Ll-I W ' a N A Y PUBLIC FOR TbIE STATE OF MONTANA.- SAS+ r 2 - - - note t /Nebtl✓t�n S �tuTY COMMISSION EXPIRES_ L:_D _!Z PROJECT AREA - -- I III I I --� N srq• ....�� _ II I IIF I 1 CERTIFICATE OF SURVEYOR: TE OFN;' I, THE UN D,THOMAS E. STARK, A REGISTEKEtl'LAND SURVEYOR Do HEREBY CERTIFY THAT BETWEEN - --- ~ JUNE 001 I SURVEYED BAXTER MEADOWS, PHASE IIA, AND PLATTED THE SAME AS SHOWN ON THE I La ACCO A AlND AS DESCRIBED IN ACCORDANCE WITH PROVISIONS OF THE MONTANA SUBDIVISION AND - -- II O PLA N 10 76-3-101 THROUGH 76-3-625, M.C.A., AND THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE PER M. , 0 1 d). DUE T0.ONGOING CONSTRUCTION, THE PLACEMENT OF MONUMENTS HAS BEEN DEFERRED .,"a UNT NS �10 'S COMPLETE, BUT NO LATER THAN JANUARY 5, 2005 - I I II Q II I = �-D¢ THOMA DATE �' ( _i. I I I MONTAN 12249LS II Jill u11. 1111 CONSENT OF MORTGAGEE: -- I, THE UNDERSIGNED MORTGAGEE OR ENCUMBRANCER, DO HEREBY JOIN IN AND CONSENT TO THE.DESCRIBED PLAT, RELEASING OUR RESPECTIVE LIENS, CLAIMS OR ENCUMBRANCES AS TO ANY PORTION OF SAID LANDS NOW BEING PLATTED INTO STREETS, - 0 ir AVENUES, PARKS, OR OTHER PUBLIC AREAS WHICH ARE DEDICATED TO THE CITY OF BOZEMAN FOR THE PUBLIC USE AND ENJOYMENT. - — _- STOCKMAN BANK OF MONTANA _ NOTES: �� IBL®CK MAP � "� NOT TO SCALE NOT TO SCALE a WAYN . NELSON, PRESIDENT REMAINING TRACT RESTRICTION NOTE: ' STATE OF MONTANA ) - � � w Z COUNTY oftWbW r" ;S. APPLICANT SHALL PROVIDE EVIDENCE THAT ALL-ORIGINAL TRACTS OF RECORD OF THIS PROPERTY THAT ARE OR THROUGH THIS SUBDIVISION J � � tr �csat 2ooa, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF MONTANA, WILL BECOME REMAINDER TRACTS OF LESS THAN 160 ACRES WERE NOT CREATED FOR THE PURPOSE OF TRANSFER, AND THAT ANY ON THI __ AY OF SUBSEQUENT TRANSFER OF SAID TRACTS MAY NOT OCCUR PRIOR TO FILING OF A SUBDIVISION PLAT OR CERTIFICATE OF SURVEY REVIEWED` w PERSONALLY APPEARED THE ABOVE SIGNED, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. AND APPROVED BY THE CITY OF BOZEMAN. - - _ IN WITNESS WHEREOF, I HAVE HEREUNTO SET,MM.H,9ND AND AFFIXED MY NOTARY SEAL THE DAY AND YEAR FIRST ABOVE - 7NA . ;,,•'SMOG "..,. - HIGH GROUNDWATER NOTE: �'c.. F_ �.2pSAR/,q�TIDING AT ga/;�f4_ DUE TO RELATIVELY HIGH GROUND' .WATER TABLE WITHIN THE AREA OF THE SUBDIVISION, IT IS NOT. RECOMMENDED —W' THAT RESIDENTIAL DWELLINGS' WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST CONSULTING A PROFESSIONAL PUBLIC FOR THE STATE OF MONTANA = - Tpnt-h& /Nth✓le-1 = '`• SEAL; ,COMMISSION EXPIRES__��L?-ao0_7_ P ENGINEER. IF DAYLIGHT BASEMENTS ARE INCORPORATED 1N THE CONSTRUCTION OF RESIDENTIAL DWELLINGS, THEY Q OF 2 SHOULD NOT HAVE A DEPTH GREATER THAN THREE (3) FEET BELOW THE TOP OF THE CURB OR CROWN OF THE STREET FROM WHICH IT IS SERVED: 0 0 q - p O 0 Thomas,Dean& Hoskins,Inc. �1 TD&'' Engineering consultants ' I January 8, 2008 Andy Epple, Planning Director Department of Planning and Community Development City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 Dear Mr. Epple, This letter is a request for a minor change to the Baxter Meadows PUD per section 18.36.040C.4.a(1)(2) of the Bozeman Unified Development Ordinance within Baxter Meadows Subdivision, Phase IIA. The current PUD plan requires an eleven feet six inch (11' 6") wide sidewalk. Approximately two thousand one hundred twenty feet (2120) of sidewalk remain to be constructed, which includes the west side of Caballo from Baxter Lane to Galloway; the east side of Vaquero Parkway from Baxter Lane to Galloway; both the north and south sides of Tracker Trail between Vaquero and Caballo; both the north and south sides of Equestrian Lane between Vaquero and Caballo and the south side of Galloway between Vaquero and Caballo. Only the Tracker building lot is presently developed and built with the full width (11' 6") sidewalk. > Future buildings are going to be built on the lot lines (zero setback). As a consequence, if the sidewalk is built in its entirety, a large portion of it will need to be removed so that the foundation of the buildings can be constructed. We propose the following change. Initially, Baxter Meadows Development will construct a five foot (5') section of sidewalk adjacent to the curb this next construction season. This will allow pedestrians a safe place to walk through the subdivision, which I believe is the intention of rule in the UDO that requires sidewalks to be built within three years of the final plat filing. The remaining sidewalk six feet six inch (6' 6") width would be constructed after lots were developed and future buildings were being constructed. Staging construction of the sidewalks would accomplish the following: 1. Reduced sidewalk breakage and subsequent replacement during the construction phase of building upon each lot in the required zero lot line B-2 commercial development. 2. Reduced volume of broken concrete to be returned to the waste pile. 3. Reduce number of trips of large trucks to and from Belgrade to haul concrete to and from the site, which reduces wear and tear on existing roads and reduces unnecessary fuel consumption. J/BOS-016-021/Epple Letter 215 West Mendenhall, Suite C-1 • Bozeman, MT 59715 • (406)586-0277 FAX(406)586-4951 4. Resulting cost savings to the purchasers of the commercial lots and ultimately to the consumers. The developer would be willing to file a deed restriction that would not allow occupancy permits until the sidewalk is completed. The developer also recognizes that the sidewalk needs to be backfilled to provide for a safety in the event that someone steps off of the concrete. It is also proposed that this area will be dry land seeded for the interim period. A detail drawing of the proposal is attached to this letter. Please let me know if this proposal is acceptable. Thank you for your time and consideration. Sincerely, Thomas, Dean & Hoskins, Inc. Keith Waring, P.E Cc: Jerry Williams J/B05-016-021/Epple Letter '- 1� _ WARINC „I o�NO.15t6��1 PffE//,� Qzo g= z �z +,t d' F C ►a r x zW r � y pW O QJ U a I ! I d ! 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' z = m BY DATE DESCR ;o o N w 0 Y' ND— o o x THOMAS,DEAN & HOSKINS, INC. z' " N TYPICAL STREET SECTIONS WITH PROPOSED SIDEWALKS b e TD&�a GREAT FALL ENoGINEEERIPNG CONSULTANTS MONTANA cy)� N N 2 SPOKANE WASHINGTON c• LEWISTON IDAHOn,„n, J DEFA TEA p;;U Aft, COMMUNITY DE �lA;l3 AND VELOPMENT a ,-7 March 15, 2006 Ms. Lanette Winde maker Bozeman Planning Department 20 E. Olive Bozeman, MT 59715 RE: Baxter Meadows Phase 2G Dear Lanette: As you are aware, the preliminary plat approval for Phase 2 of Baxter Meadows includes a Phase 2G, south of Baxter Lane. It was originally part of Phase 2A, but reconfigured prior.to final plat of 2A as part of an effort to reduce the phase sizes for constructability. Phase 2G has never had defined development plans. Phase 2G now overlaps a portion of the Regional Park and the area planned to be developed as Phase 4. We would like Phase 2G to be released from the Phase 2 preliminary plat area, and all entitlements and conditions to be dropped,so that we may bring it in with a more comprehensive plan of the surrounding area. Please find attached the original boundary line from the Phase 2 preliminary plat application, a larger scale map from the preliminary plat application showing 2G in relation to the surrounding area, and the revised phasing plan from the 2A final plat application, showing the area labeled as 2G. Thank you for your attention to this matter, and please call if you have any questions. Sincerely, Harley estis PC Development 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 0 FAX(406)586-9921 z1 , • - 14 - Fre ications to relaxations for Baxter Meadows Subdivision Planned Unit Development to allow sts through the CUP process to increase maximum building height in "B-2" zone east of7 ro Boulevard and .north.of-Baxter-Lane to 65 feet for all buildings and roof types;-to allow? ted size lots less than 5,000 square feet for single household detached dwelling; to allow) ings constructed on RSLs to not be subject to Section 18.16.030.C;-and-to.allow-affordable ng units to exceed the floor area ratio and to exceed maximum square footage of 1,515 square n property north of Baxter-Lane along Vaquero Parkway-Cadius Partners for Baxter Meadowsy opment, LP (Z=03276A) v This was the time and place set for the public hearing on the requested modifications requested by s Partners for Baxter Meadows Development, LP, under Application No.Z-03276A,for relaxations to xter Meadows Subdivision Planned Unit Development to allow requests through the conditional use t process to increase the maximum building height in the "B-2" zone east of Vaquero Boulevard and of Baxter Lane to 65 feet for all buildings and roof types; to allow restricted size lots less than 5,000 square feet for single household detached dwellings; to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and to allow affordable housing units to exceed the floor area ratio and to exceed maximum square footage of 1,515 square feet on property north of Baxter Lane along Vaquero Parkway. Public hearing Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that the PUD was originally approved in 2004, and the applicants are now seeking four additional relaxations. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the first three requested relaxations, subject to two conditions. The Contract Planner briefly highlighted the requested relaxations, noting that any building exceeding 44 feet in height must go through the conditional use process. She then noted the other three relaxations pertain to restricted size lots, and would allow those lots to be less than 5,000 square feet for a single detached home and allow units up to 1,515 square feet, which may exceed the 1 to 3.3 ratio. She stressed that these relaxations apply to specific lots only within Phase 2C. Responding to Commissioner Kirchhoff, the Contract Planner stated that Caren Roberty, staff for the Community Affordable Housing Advisory Board, is supportive of the smaller lot size but not exceeding the ratio. She indicated that Planning staff feels allowing a larger house on those lots could provide for some additional flexibility in the types of housing provided within this development. Mr. Jason Leep, PC Development, stated the requested relaxations would allow the construction of bungalow houses on the restricted size lots. He indicated that these houses are very effective at providing affordable housing, and suggested that they should be allowed and encouraged. He noted that the current bungalow houses on small lots were not identified as restricted size lot development because that option was not available at the time they were constructed. He asked that the development now be 1 given credit for those existing houses since they meet the criteria. He cautioned that if the existing units are not designated as restricted size lots, the result will be larger RSLs that are less effective. He then indicated that the bungalow houses have four basic plans which are carefully thought out and co-exist with the neighborhoods. He showed a listing of the most affordable homes sold in Bozeman in 2005, noting that 17 of the least expensive were in Baxter Meadows, with 14 of those being bungalow homes; and some of those units exceeded the 1,515-square-foot size limitation. He expressed his preference that homes up to 1,800 square feet be counted as restricted size but indicated a willingness to accept a 1,574-square-foot limit. Mr.Greg Allen,applicant,noted that Baxter Meadows Subdivision is a new urbanist subdivision,with walkability and compact construction being components. He also noted that varied building heights will contribute to the development in positive ways, as well as a combination of commercial and residential development. He stressed that they are not trying to re-create downtown; rather, they are attempting to develop a walkable community where people can live, eat and be entertained within ten minutes. He concluded by highlighting the ten principles of new urbanism,which include walkability,connectivity, mixed use and diversity mixed housing, quality architecture and urban design,traditional neighborhood structure, 19-os-ni5 • - 15 - • increased density, smart transportation, sustainability, and quality of life. He concluded by encouraging approval of the requested relaxations. Mr. Mike Cok, 3300 Harper Puckett Road, noted that he has watched this subdivision change over a period of time, including the change from country estate lots on the western portion to a more dense urban density. He then asked that, to preserve the lower density on the western portion of the subdivision, the Commission approve the request to count existing development toward meeting the restricted size lot requirement. Mr. Tim Anderson, 4687 East Baxter Lane, noted his property adjoins the subject property. He concurred with Mr.Cok's comments and voiced appreciation for the Commission's support in not increasing density along the western portion of the development any further. Ms. Lisa Anderson, 4687 East Baxter Lane, voiced her support for Mr. Leep's comments regarding restricted size lots. She noted it is important to consider the views of those who have invested in their properties and to not decrease their values and, as a result, she supports calling the bungalow properties in one area of the development restricted size lots in exchange for retaining the larger lots on the western portin of the development. She does not support the requested increase in heights, noted that they will negatively impact views from the regional parkas well as adjacent development. She stated that,from their back deck, they can see the two-story buildings, and a five-story building would completely hide their view of the "M" and much of the Bridgers. Ms. Anderson noted the parking is a major factor, even with the bungalows. She then noted that the average height along Main Street is 38 feet. She also noted that she does not feel this application is entirely appropriate from the standpoints of traffic, parking and pedestrians, and indicated her preference for densities closer to those found near the downtown corridors. Mr. Greg Allen showed a slide with a 70-foot-tall building superimposed at the Trakker building. He stated that the applicants are not seeking blanket approval for the building height, but to allow consideration of individual requests. He believes that access to this site is better than it is in much of Bozeman, and that transportation would not be a factor. He concluded by asking the Commission to consider the project as a whole and to approve the requested relaxations. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Mayor Cetraro stated he is struggling with the "B-2" zoning designation in this subdivision, but is willing to look at height on a case-by-case basis. Commissioner Youngman voiced concern that allowing relaxation of the restricted size lots will make a mockery out of one of the Commission's policies. She has no problem with the smaller lots or adjusting the maximum house size beyond 900 square feet for the small lots;however,she does have a problem with going beyond 1,200 square feet. She noted there are plenty of successful bungalow examples that work in the market. She concluded by urging the Commission to follow staff's recommendation on the maximum size of dwelling units allowed. Commissioner Krauss stated he can support allowing up to 1,575-square-foot structures on restricted size lots, noting that this permits two of the three bungalow styles larger than 1,515 square feet to comply. Responding to questions from Commissioner Kirchhoff, Commissioner Krauss noted that smaller homes are the only way to meet affordability. He has no problem with a "postage stamp yard" and suggested that, with the new middle school being located adjacent to this development, he feels density development is warranted. He feels that, since this type of housing is selling, it is appropriate to allow it to continue within this subdivision. Commissioner Krauss then turned his attention to the requested relaxation to the height limitations, stating that he feels it is appropriate to allow for discussion of heights between 38 feet and 65 feet on a case-by-case basis. i 7 r1C !�C r • - 16 - • It was moved by Commissioner Krauss, seconded by Commissioner Hietala,that the modifications requested by Cadius Partners for Baxter Meadows Development, LP, under Application No. Z-03276A,for relaxations to the Baxter Meadows Subdivision Planned Unit Development.to allow requests through the conditional use permit process to increase the maximum building height in the "B-2" zone east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; to allow restricted size lots less than 5,000 square feet for single household detached dwellings; to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and to allow affordable housing units to exceed the floor. area ratio and to not exceed a maximum square footage of 1,575 square feet on property north of Baxter Lane along Vaquero Parkway, be approved subject to the following conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. C. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land,successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. • - 17 - 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Commissioner Kirchhoff; those voting No being Commissioner Youngman and' Mayor Cetraro. i Conditional Use Permit-allow apartment buildings up to 65 feet in height on property at northeast corner of Vaquero Parkway and Rawhide Street-Cadius Partners for Baxter Meadows Development, LP (Z-05248) This was the time and place set for the public hearing on the Conditional Use Permit requested by Cadius Partners for Baxter Meadows Development, LP, under Application No.Z-05248,to allow apartment buildings up to 65 feet in height on approximately 6.75 acres described as a portion of Tract 2A, COS 2202A. The subject property is located at the northeast corner of the intersection of Vaquero Parkway and Rawhide Street. Public hearing Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that this application is to allow 280 neo-traditional high-rise condominium units in buildings of up to 65 feet in height. She stated the subject property is located north of Baxter Lane, approximately about a block and a half from the Trakker Building. She indicated that a good portion of the parking for this development is to be subterranean. She showed renderings of the buildings from different angles, noting that they demonstrate the building mass and size. The Contract Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Mr. Michael McGullam, Cadius Partners, noted that Vida Urbana means"urban life" in Spanish. He stated this project was conceived afer identifying the market need and then developing a plan for what owner occupants are seeking. He stated that a certain density is necessary to make the project work,thus the requested height. He indicated their goal is to provide a good-looking project that includes renewable energy, a vegetative roof over the subterranean parking area, re-use of stormwater, and a center courtyard. He stated that this project will provide a density of 40 units per acre, with 3.9 acres of the site being landscaped. He noted that retail is anticipated within this subdivision, but dwelling units are needed to support that retail. He concluded by encouraging Commission approval of this application. Mr. Tim Anderson, 4687 East Baxter Lane, stated he has struggled with the proposed height of the buildings in this development. While he agrees with the concepts, he feels the buildings are out of place and stated he feels the master plan for Bozeman does not include 65-foot-tall buildings this far from Main Street. Mr. Mike Cok, 3300 Harper Puckett Road, stated he agrees this is not the place for this type of structure. He further noted that 5-story buildings do not result in walkability, and Baxter Lane is too narrow to adequately serve this type of development. Ms. Lisa Anderson, 4687 East Baxter Lane, stated she loves the downtown and the community's key core area, noting that it has amazingly successful businesses. She suggested a commercial area off Baxter Lane is destined for failure. She concluded by stating this proposed structure is better suited to the campus or downtown than to this area. 12-05-05 r CIF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Fib 1 Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 wvvw.bozeman.net December 12, 2005 Baxter Meadows Development, LP P.O. Box 81487 Billings, MT 59108 Re: Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, #Z-03276A Dear Jerry, At its December 5, 2005, public hearing, the Bozeman City Commission voted, 3-2, to conditionally approve the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan. Regarding the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. planning , zoning , subdivision review . annexation , historic preservation • housing • grant administration . neighborhood coordination b. A statement of intent to construct according to the final Alan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section l 8.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with' the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Unified Development Ordinance. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. I have attached the original document for the CUP conditions. If you have any questions or concerns, do not hesitate to contact me, 586-5266, or the Planning Department at 582-2260. Sincerely, Lanette Windemaker, AICP Contract Planner cc: Cadius Partners, P.O. Box 11427, Bozeman, MT 59719 Page 2 I Inter-office Orhzinal to: City of Bozeman Planning Department 20 East Olive Street CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT MODIFICATION TO BAXTER MEADOWS PHASE 2 PLANNED UNIT DEVELOPMENT, #Z-03276A WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to modify the approved Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan; and WHEREAS, the subject property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/z of Section 34, TIS, R5E, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the PUD is allowed to be developed as a neo-traditional multi-use development with residential and commercial use; the proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process a maximum building height of up to 65 feet for all buildings and roof types, and would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots; and WHEREAS, the Conditional Use Permit is subject to the following 9 conditions and code provisions: 1. Maximum building height in the B-2 (Community Business District) east'of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. Baxter Meadows Phase 2 PUD/CUP/MODS,#Z-03276A PAGE l OF 3 4. The total floor area of the dwelling unit built on.a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use, and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall-constitute restrictions running with the land use, shall apply and be adhered to by the owner of the .land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. WHEREAS, the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded Baxter Meadows Phase 2 PUD/CUP/MODS,#Z-03276A PAGE 2 OF 3 • ! . as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 9 conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a neo-traditional multi-use development with residential and commercial use. DATED THIS DAY OF , 2006 Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2006 before me, the undersigned, a Notary Public for the State of Montana, personally appeared Gerald R. Williams, known to me to be the President, of Baxter Meadows Construction, Inc., the General Partner of Baxter Meadows Development, L.P., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) Baxter Meadows Phase 2 PUD/CUP/MODS,#Z-03276A PAGE 3 OF 3 CID OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net December 12, 2005 Baxter Meadows Development, LP P.O. Box 81487 Billings, MT 59108 Re: Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, #Z-03276A Dear Jerry, At its December 5, 2005, public hearing, the Bozeman City Commission voted, 3-2, to conditionally approve the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan. Regarding the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. planning . zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordination b. A statement of int*to construct according to the fina*e plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.I of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Unified Development Ordinance. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. I have attached the original document for the CUP conditions. If you have any questions or concerns, do not hesitate to contact me, 586-5266, or the Planning Department at 582-2260. Sincerely, Lanette Windemaker, AICP Contract Planner cc: Cadius Partners, P.O. Box 11427, Bozeman, MT 59719 Page 2 A NOV 2 9 2005 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT November 29, 2005 City of Bozeman Commission Members 411 East Main Street Bozeman, MT 59715 Hand Delivered Dear Commissioners: This letter and attachments are being sent to you in reference to the December 5,2005 public hearing. At that hearing you will be granting a final decision on some PUD modifications to Phases 1 and 2 of Baxter Meadows. You have previewed all of these items in previous hearings. This letter is in support of allowing the "bungalow lots" in phases 1 and 2 to be counted as RSL lots, an idea that got broad support from all of you at the earlier hearings. Commissioner Youngman has also asked us for data on the affordability of the Baxter Meadows housing units. We are pleased to present to you information that shows how the project is in fact providing the most affordable site built, new construction, detached single family homes in Bozeman. These requests-allow maximum flexibility and innovation in the development and design of the affordable housing as is the purpose and intent of the Planned Unit Development as stated in the Uniform Development Ordinance. These requests are not intended to enable the project to evade the Provision for Affordable Housing rather to continue meeting the intent through a highly successful program that was already underway prior to the Provision being enacted. For the bungalow lots to count towards the RSL requirement some relaxations must be granted. While considering the relaxations it is important to understand the design that was started in the earlier phases of Baxter Meadows(prior to UDO provisions)and the importance of continuing the design theme so that the community has a sense of continuity in design. The size of the lots in comparison to the size of the house (Floor Area Ratio) in conjunction with the reduced side yard setbacks lead to a more dense and urban neighborhood than is typical for newer Bozeman developments. However, the overall design is reminiscent of some older neighborhoods. This requires extra effort and thought to make sure the homes still function well. To date those efforts have been effective and the architectural relationships between the homes is one of the most important aspects. There are 4 basic house designs that have been built on the bungalow lots. The house designs are complimentary to each other and the success of the program depends on the homes having the correct relationship to the neighboring home given the densities involved. Various finish packages and orientation of the base models result in the desired streetscape variety. Our relaxation requests are intended to allow this designed group of homes to continue. I have attached 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 photographs of finished homes for your reference. It is important for the Baxter Meadows project to meet the intent of the Provision for Affordable Housing with the Bungalow homes as it is the most effective housing product that the proj ect has the ability to provide.We feel that the bungalow homes do meet the intent of the Provision for Affordable Housing. Should the Commission decide that standard RSL design elements should apply rather than the bungalow housing, the end result will include the proj ect producing larger lots that unvariably cost more and negatively effect the end price of the home. This alternate result is in fact opposite of the intent of the Provision. I have attached several background documents for your review. They are as follows: Exhibit A: Plat map showing Phase 1 Bungalow lots Exhibit B: Plat map showing Phase 2 Bungalow lots Exhibit C: Existing Bungalow Home Photographs Exhibit D: Bungalow Home Individual Square Footage Totals and Sales Prices for 2004 and 2005. In order to compare the bungalow homes to the greater City housing market we utilized the Multiple Listing Service (MLS) data base. The Baxter Meadows project sold 32 bungalow homes in phase 1 during the `04 and `05 calendar years to compare to the remainder of the housing market. We have done two comparisons for calendar years 2004 and 2005 in order to judge the affordability of the bungalow homes in comparison to the greater housing market. First,we analyzed all detached single family homes sold in Bozeman without regard to location, size, or age in order to establish the average and median house prices and sizes in all of Bozeman. Second, we compared the bungalow homes to all new construction single family homes sold in Bozeman in order to draw more direct comparisons between the bungalow homes and all other newly built homes. The Multiple Listing Service database does not capture every home sale in the city as homes sold by the owner without realtor representation does not get recorded in the database. However it is a large enough database to draw definite conclusions from. The following page includes 2 spreadsheets, one for each of the study years using the following segment definitions: Market Segment Definitions: Overall Market(OM): All single family detached homes (new or existing) sold in 2004 and 2005 through the Multiple Listing Service within the City limits. This data search revealed 406 sales in 2004 and 422 in 2005. The MLS data sheets are attached for reference as Exhibits E and F. New Construction (NC): All new construction single family homes sold in 2004 and 2005 through MLS within the City limits excepting therefrom the bungalow homes sold in Baxter Meadows during those years. This data search revealed 63 other sales in 2004 and 82 other sales in 2005. The MLS data sheets are attached for reference as Exhibits G and H. Baxter Meadows (BM): Bungalow homes sold in 2004 and 2005 in the Baxter Meadows project. 16 bungalow homes were sold in 2004, 16 were sold in 2005. The sizes, and prices for these homes are shown on exhibit D. 2004 CALENDAR YEAR Criteria/Segment Overall Market(OM) New Construction(NC) Baxter Meadows(BM) % Diff: OM-BM % Diff: NC-BM Lowest Price $ 100,000 $ 179,900 $ 169,900 N/A N/A Highest Price $ 825,000 $ 635,000 $ 225,410 N/A N/A Average Price $ 257,230 $ 341,709 $ 184,451 -28% -46%. Median Price $ 229,950 $ 278,496 $ 180,892 -21%-- ----35—% ——————— -------- ————————— NSmallest Size sf 588 1452 1464 -- — N/A Largest Size sf 8180 4257 1776 N/A N/A • Average Size sf 2227 2465 1536 -31% -38% Median Size sf 2050 2219 1464 -29% -34% 2005 CALENDAR YEAR Criteria/Segment Overall Market(OM) New Construction(NC) Baxter Meadows(BM) % Diff: OM-BM % Diff: NC-BM Lowest Price $ 176,450 $ 205,650 $ 177,900 N/A N/A Highest Price $ 925,000 $ 785,000 $ 244,900 N/A N/A Average Price $ 302,428 $ 327,229 $ 205,933 -32% -37% Median Price $ 259,950 $ 288,000 $ 21 0,1 75 -19% -27% ------- -------- ------------------ ------ ----- Smallest Sizes 569 1206 1464 N/A N/A Largest Size sf 4780 4457 1766 N/A N/A Average Size sf 2110 2310 1547 -27% -33% Median Size sf 1976 2163 1560 -21% -28% Notes and Conclusions: • - In 2004 the bungalow homes were 28% and 46% less expensive than the overall market and new construction averages, respectively - In 2004 the bungalow homes were 21% and 35% less expensive than the overall market and new construction medians, respectively -In 2005 the bungalow homes were 32% and 37% less expensive than the overall market and new construction averages, respectively - In 2005 the bungalow homes were 19% and 27% less expensive than the overall market and new construction medians, respectively - Reference exhibit G, page 3: The addition of the bungalow homes to the 2004"new construction" segment lowered the average price of all new homes by 17.5% and the median price of all new homes by 8.5% - In 2004 and 2005 the least expensive new home sold in Bozeman was a bungalow home in Baxter Meadows. i As is shown on the previous spreadsheets and on the attached Exhibits,the bungalow homes in Baxter Meadows are the most cost effective site built detached single family homes being built in Bozeman. No other housing product has provided the same quality and size of new home for the same price. We ask that the Commission allow this designed neighborhood to continue to provide this housing in favor of the Provision for Affordable Housing requirements. Should the Commission decide that standard 5000 square foot lots and home sizes are necessary to meet the Provision, the project will produce the 5000 square foot lots. However, the outcome will be contrary to the goals of the provision as the larger lots will be undoubtedly sold for more money than the smaller bungalow lots. This is because the cost is higher and the market will allow a higher price for the larger lots. The project will be forced to produce larger,more expensive lots to meet the Affordable Housing Provision. In our opinion, this fact should compel the Commission to encourage the continuation of the bungalow housing in Baxter Meadows. Thank you for your attention to this matter and please call with questions. I look forward to discussing this with you on the evening of December 5. Smcerel f: f ✓�' Jas oject Manager cc: Andy Epple Lanette Windemaker Chris Kukulski Jerry Williams ii EXHIBIT A 46 . 9 l 9 FINAL PLAT OF NOTES: BAXTERMEADOWS SUBDIVISION P.U.D. PHASE I ) HE DEVELOPMENT OF EACH PHASE OF THE SUBDIVISION WILL 6)CITY STANDARD RESIDENTIAL9DEWA KS SHALL BE NOT INTERFERE MIN ANY AGRICULTURAL WATER USER FACILITY CONSTRUCTED ON ALL PUBLIC STREET FRONTAGES OF A LOCATED IN THE SOUTHEAST ONE-QUARTER&THE SOUTHWEST ONE-QUARTER OF SECTION 34 TOWNSHIP I SOUTH RANGE 5 EAST BIT mmcAnoN DITCHES FOR DOWNSTREAM-TER USER RIGHTS. PROPERTY PRIOR TO OCCUPANCY a ANY STRUCTURE ON ME PROPERTY,AND ADJACENT TO ANY PARKS.COMMON OPEN SPACE OR OTHER MOVIDUµ PRIVATE LOTS.OR 2)A REBAR WIN 2*ALUMINUM CAP WILL BE SET AT ALL CONSTRUCTED PRIOR TO FINAL PLAT APPROVAL.UNLESS AND THE NORTHEAST ONE-QUARTER OF SECTION 3,TOWNSHIP 2 SOUTH,RANGE 5 EAST, LOT CORNERS AND ANGLE POINTS ON ALL LOTS.A%-REBAR APPROPRIATE FINMOµ GUARANTEE.APPROVED BY ME PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA FeM YELLOW ROAD RI GAP W LL BE SET,T P.C,AND *IIC E ENTERED INTO MO PROVIDED BY THE APPLICANT. P,IN µONO ROAD RIGHT-OF-WAYS. CITY. IS ER COMES FIRST. PER A.R.M.8.94.3001(I)(E).DUE TO ON GOING CONSTRUCTION. OTVNr.R:BAX1TR Mr.ADDWS DF.VTiLOPMT:N'1•,LP.,I'ORMT:RLYKNO\VNASWD.C,LP.AMONI'ANALLMnPDPARTMiRSHIP THE TRUCMENr OF MONUMENTS HAS BEEN DEFERRED UNTIL 7)HIGH GROUNDWATER NOTE: CONSTRUCTION IS COMPLETE BUT NO LATER MAN SEPTEMBER 1. DUE TO A RELATIVELY HIGH GROUND WATER TABLE ZPU RPOSM 1'0 CRRAIT DAX1'r•.R MEADOWS SU13DIVISION P.U.D.PHASE 1 2003. WITHIN THE AREAS OF THE SUBDIVISION,IT IS NOT P.,-1 3)100-YEAH FLOOD PLAIN BY A,E.S.I.DETERMINED BY RECOMMENDED THAT RESIDENTIAL DWELUNGS HYDROLOGIC ENGINEERING CENTER MIS ANALYSIS SYSTEM. WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST CONSULTING A PROFESSIONAL ENGINEER IF W U 4)MERE 15 A 5•WIDE BRAINACE EASEMENT ALONG EACH SIDE DAYLIGHT BASEMENTS ARE INCORPORATED IN THE 2 Q OF EACH Lor LINE IN BLOCKS 2 THROUGH 8. CONSTRUCTION OF RESIDENTIAL OWEWNGS,THEY 5)THERE IS A 16'w10E LANDSCAPE IRPoGATION EASEMENT THREE FEET BELOW THE TOP OF THE CURSOR U) SHOULD NOT HAVE A DEPTH GREATER THAN(3) CENTERED ON THE FRONT LOT LINE(W W90E THE LOT AND B' CROWN OF THE STREET FROM WHICH IT IS SERVED. OUTSIDE THE LOT)ALONG THE FRONT SIDE OF ALL Lo IS. �E u rLi, -2 .HIT v � N89.41'57•E 1372.67' ePRIVATE PUBLIC - SETBACK NOTES: ROADS $ ROADS - rsrz ,aar - - -,b•sv o n..c - r•.Qurs•Rlnry war: LE END (LOT I BLOCK 1); FRONT YARD-20' F.,,y,t .es.rsn .rsrt _a m ,wvosrt sna,' 3s3.aY _ xm•rs ,msr,srF 3 I mr ar • FOUND �B'REBAR VA TH CAP REAR YARD•20' ar ar =' n'. va3a' 9BEYARD• 5'«s nJR „ O SET%'REBAR WITH 2-ALUMINUM CAP LLOT•• $ gLoi oo;t6 LOT v wave-.rz, , n (LOTS I THRU 5 BLOCK 2); I PUBIC PARK 2 I q 4N- + 8m, SOT 6 8 .I L_ ` .^ .... dA FRONT r,RO-1D' aoT 11 $„ OTT 5 ? ROw=RIGHT-OF-WAY x rI war ` REARL°Ta� § i J o. }:.. a 8 Dom 8 e oop n $$q -- s..sr,aa•_,a..=--- - I90E YARDo -` R =RADIUS•e Ix « e•. _ L LENGTH (LOT 6BLOCK 2) -...-z . I........ Ta • Im ---- -- R s 1 �- vbil'[ Iv.ir FRONT YARpuv`.._.- ✓I a•.ar y _-. m•ua.c -( a..m' .I• I O 'r uat I- s'-IJ m'a.a o-DELTA OF CURVE REM YARD5 LOaT 3 111 $ Lap ss 9 al yor s :I ,'�'i1 SIDE YARD+D• J $ eA6r 11 $ r oO�zB $ : N$ o •!. I I Loi 6 I as..r s w.ar l_ ^yy'=ya0.- 90ar_ ' a.ar a•ar ^I 1 I I ,sl( F-FRONT YARD (LOTS 2 THRU 11 & 13 THRU 20 BLOCK 3): k LD" $I cc LOT!6 LOT 1] LOT 18 LOn 19 LOT 20 aar x«Sa'DY _-Ia_.aP °ar L=CENTERLINE FRONT YARD Ip' Lam 2. __ _-„ezv3st- E L4011o ,, r,d� .v u.o.c 3 $ T�ru $a«-k -k -$ -k -g .,r $ a $ LOT]s $, °s sav Hxn-„ I 1 cwrru,rt S, rAan.S?. I M t1 .I dl+ as.s n 8 •,r $ _ w« - a« !. ou $ C «.ar I Z S0 i T r I I Prw U.D.E. =UTILITY AND DRAINAGE EASEMENT $ I u �•axy z•rxse• n^3 r�i I `�r«m, II I x I o (LOTS 1 k 12 BLOCK 3); 3t. k r.ao ov'=-'"" I8 w.ar I I va.n' S .r..ar o_ .aar •xar .am• .zar •aar 1 -•v.ar a 1 LOT isiwwr �,�, I e BASIS Of BEARING: C.O.S.No. 2202A FRONT YARD-10• 4";:+ J• !$i.Lei 5 a - MIDDLR ALLF.1'(7O'R/TV) n100. Ia 4 $ LET 37 $ Z WI 1.I REM TARO.Y WEST SIDE YARD•10' I I I i I «.•Y W a.ar n.m' •xor •lm• nm' •aar .a.ar «Ar 1 I tt.0„«, EAST SIDE YARD•5' I !A ;°;.]. �'I L°e k "r I ..,• now zl LOT zz LOT zl Lom 24 LOT zs P•n• `w 1 Teo Nmuttvtln I I I - I LOT 9 .x L g $ a-ua -�.3-rsr. --x--- I I g$1.Laor s $ B •3"r R $ .21 $ °`$ `8 "B A $ $ Lam 3e $ * r II I I Lor�f (Lor 21 BLOCK 3); I '¢ • I I I? €•I - om = ° d om 30 c2 k xaomm•r l;:k It I 1 - 3' !BONY YARD.1i =,, ,sar «,r 5 saearar. I I 1 ,•,mot 1 REM YARD !' I r o .:.T•..'_'..T.r-1 rH- W I «.a• ...m a.ao• :. ...m L:--.-aa- ,fi. DRIVEWAY I va ar >3 m "-�;_°°�, I I [_na.':.,�'�Y• I .•aar-_-•aar- -•7aY $$ I un a -'' EASEMENT NEST SIDE YARD-15' 7z a .7m-_.saki _ .f 1 66 wr rt,1• A gl LOT $ $$ LOT 14 $j�_--.. •r,t nnar. $ Q0�]1 8$8$ LOT 39 $ S 1 °mar,°,°3tij. =.1 I!: ia!Yarr ) ( T 64'-1 EAST SWE YARD-!' I 5 -'I 1-Iv uat Z a' ee .. I I I a s k1 LOT e $ I^ $ 4o;ls ) P8 oat •S1 I•n ; i I T 4r LOT I (Lois I THRU 4o BLOCK a); 3Y - .Wr - $ R I $ FRONT YARD-!0' >o�B - aaar - 6 x ..m :1 4Lyr 3 9- AC - 1 I LO 8 I - I r°n I r r___-_1-----.� 4 $ $ LOT 40 e- zLmrllJ. r1 171 I I REM YARD G0.' SIDE TARO. 2 - I8 w I PUBLIC PARK 1 T: ) mar •aJ `• wm I I wr _ _I uwr j +uJu.-( I-u.c a,,m. ,p -a•m-_ I T,-,. I• ll�.�`- I PUBLIC PARK] s• LOT f (LOTS 1 THRU 11 BLOCK 5 @ t'M0"7:7... 0 ys.rs,'L xn,vt •� 'lay.+'a+t sm 3v.e, ._ .enrsn.�� s�3jow, xi\� II 1 1-•a'� PATIO LOTS 1 THRU B BLOCK 6): I l'`'._�::_�.` _. �•.' `-_arororr -_xNloa'm'•_y_r.r I FRONT YARD-1r 1 a•ar Daar .Dar EASEMENT _ REM YARD.s• I ar - 7sa.,r DOS.AL S1RT•F.l' urr 3s3. mar ,mar I r-,nPmvoti_-aaaa I Lor f 90E YARD.5' I LOT` . Dam .rsTt aaa: TIm w,ar tar uae r•n «.ar am 'nm.aar .a.m .asv a•!�� I, rm�� ta�tti:r +; 1 m I I x0I I ky ,v U_ , k S„ TRASH CAN AND I mar I I I I LOT 1 LET 2 60fT 3 LOT. LET 5 LO3T 6 QOaT 7 LOT B LOT 9 La 10 $.. 5•5 �1 LOT 1 o 1 1 ABOVE GROUND 1 nor - $ .. $ .. $ae $ - $a. ., $ .. $ s: $ •. k o 3 E ICI I'o �1 g 4 T pe, UTILITY EASEMENT $ L4Dr- .4j ,• I § I ^I I wr•trt III I Lot f I I $ LOiR _? ar ar 1 7`h. .r .s• I ;Y(1G' axasma $ LOT.11 -------� • I -- >i I r:azuT mot tar )':a.m• tar •aar .aar rev u.ar TLOI a-i .aar` rrSOUl'HALLr.V(2D'R/3v) - L >. « L___o an_- I /' TRASH CAN AND ABOVE o.,ym, - I I 3s.r Iy'..•. � f-w ant « « u1° a` LOT z! GROUND UTIU7Y EASEMENTS r ~ LOT 20LOTS 20 k 21 BLOCK 3 pl Loi�z ,qLor 1•• . i -a3rLOaT. LOT 3 L40T!3 l00 H LOTv IS lg0o 16 LOT I] Lor 1B LOT 19 o- $ 0 ka _ $.1.- aw.. Ii...-Lors ekl , *; - •3•.ar - niff2: EASEMENT DETAILS LO 3 I I•^I`e . 55.E •3r'i0 .e.cNOT TO SCALE ••+,o„ol• s-sra•-- --- -- -----war ---+--- --- ---- NarL- -------------2 32 . aaD• ar .a •am• tar •a.ar .a.ar .a.ar lo..ar ________________________ I v aevv's.t Haar F a,vr omu ' rw R°ts`--I F- T•.ar xlr,]Y[ 10D'.e I I 'I` k SOUTHEAST CORNER ao7Yo1, u4a ar aar.'« Rs SI SECTION I• a FOUND BRASS CM � N m'•W[ TOWNSHIP I SOUTH N89'-"57'E _ Itlt L')W 58990'54 W 1363,32' TO SW CORNER PHASE I or4eaim aar. 589'41'S7'w 203.83' TOWN90P 2 SOUTH 2653.41' 3 Z J SOUTH I/4 CORNER OA.\'1TR L1NA 2 W J Porm-oForcrNNING rl X a.ar. UJ= mr•1•srr .. -yJ-.Cl------ 3avr m usxxur rc------------------ ---- - ____________-_--__-__ ____________--_-_- I �LACTJo02ACLT'' RCrLOTS(107) 23.41TRACT 1 10.70PUBLIC PARKS(3) - 2.73 noes I^ Q PRIVATE OPEN SPACE TRACTS(4) - 15.19 0 60 120 180 STRE AND PRIVATE IsTREErs a ALAErS(Row) - u,yTorµ AREA Di PHASE! l___JSCALE: I INCH 60 FEET OPEN SPat�rAlnetn0NS =PUBLIC PARKS(1.2,A 3) 2.73PRIVATE OPEN SPACE(A.B.k C) 3.90PROJECT SURVEYOR: GLF SHEET LOT I,aLOCW 7 LOT1p Civil Engineering R DISCOVCRY DRIVEOFEOUESTRIM TNIEN PRIVATE OPEN SPACE °' 1/4 Sec. R Land Surveying BOZEMAN.MT59718 TOTµ AREA-11.29-0.93(BU40NG rOOTPRINT) 10.36 ayes / DRAWN BY: KWO TOTµ OPEN SPACE-16.99 ecrea 252 Or TOTµ AREA 34 IS SE ALLIED Geotechaical E gineerin PHONE 582-0221 ( ) n g REVIEWED BY: GLF PROJECT No.01-241 S89.41'57•W 800.28' ENGINEERING Structural En FAX(406)582-5770 3 2S SE Engineering DATE: 3/05/03 FINAL PLAT.dw9 .ces.w I r•cannrAlc OF rimrAnna EXHIBIT B PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D 9 I(vm),the U- wwa ncrtda0ea(e)or mcalNtranoor,do hor"lobo it and TWO PARCELS TE LAND, BEING FURTIONS OF TRACE 7A OF CERTIFICATE 34... OF SURVEY NO, 2202A, -,k he the d..ob.d dal rdmh. w(aw)n.P-*- l.n �k-.r 1 vv uw utaIn cue prepery etnver(a)t de A-4 teal I(No) LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTIIXJ 34, TOWNSHIP 1 SDLlEN, RANGE 5 EAST, P,M.M,• rrlounbrtrary m 10 arty parllen d want lathe odor OMnq pkR1N Ida ebevb. Woos and ww a as.°Yrd error°~oro aldtldlemtbw. wjL a call�tha CITY OF BOZEMAN, GALIATiN COUNTY, MONEANA a a% °alto,w dhw wNE ona..htd on ddmt.d is B.fib ai Flat tWrWnlo Included,1M townnp 4 vi lraot d land to-"V eomnon for the Pmlo me Ord anjoymortt 06CRPa0N6 0d6d th6_dry aF .2011- GAL(.QWAY STREET Tw parow of land.eaM paroab W09 pord"of Treat U of COM110(D at 811104V via 2207A,edtl _-________ ROT*INTERSTATE BYiI QI ue Q(a° W tarn3 w.rteo la 1M SaNn.at gwtlr and la um sae t t2,nrt.r ar seerm 34.7aN,rNNp t 0ouu�Ra11tle 5 EaeL P,NN.Clb'of Seidman,Oaldln Canty, Nanlaly and bang mac De PrWW Mario end TrUa 1 P1.m,ar rv.wor Pvr,f, I 1W M 1ea,Y /Qat aJa---1Laf-- -W.tO-� Ale q� I 6W1E Of B.IYrtNnp Q the,naremat awtwr of-hoar Path d Mo Rnal dl d Brady►Ilrtharb, 'm 4Phwo at.ratl 4 1110 et N P00_�Datre rro the urabrdgrta 61,t °pdal ar Hr.e.rled,a at r ark at he Frna n Eat O N,.r% n4001fi da,a L 9g amoa, 1 I � C conterthr of eafa dlbh.vrad oeftarthe 0*9 oppm3dmateb dmwtlorwd b tM"Wig a ocur.o/l r p euI toot 1 � N-th CEY"17'Ili{a dlatmo.a/ 100,11 fea0 worth 01'11111-ea.a Wet-of MAO fa1,No4h I m0 r I q 11m fa 9IY s IhNk far fir.Ati d prvrd,•tppved 773rl3*EMIL a rlltmm d 61M feat Moth J8'Pa'4,Y Ead.a dabanae or 100,74 root North 17116.37"EacL o Mtaroa of a1,87 foaC NaM O1'18'J4'tfeot a 6otaroe d 100,29 foot:North �••• I I• es4I�711 I �� 1 A f �I � 11t I m tlem vna 1.wotealbad b tha over.r,r�wnt a eAMt IW31.40'Earl•a dLt-of 41A] ( 1µ74• i Ia11f QJ17 . af7r d L�a RAY i I , FIRST IN1ERSfAIE 8ANf1 he-lad��Imb-,t fw°,d an bd.M d iae4 Math 1404'OS E�a ddv,e.d IOB,7D f.rnk ' I V r ' Ia.,e " 17.717esatbf9 f V IN 1mNm alum;I Iw 1�rMo M m1 MM mtl tlCae,rd NetelY Srat M Mined Nw%8241'67'Eeet a dbtl,oe d 213M 1'r,.t:thence alaro a non-ta,pad Cave to M. ddh fah.n.n 1-611,of IS&38 A1{o radua d 2711DD fwot a&At.a 96 of 32201p11',o hod I tt a11 ?r � ems �I revert eYE_ '_____�\ `4 4w I i I day and year Dot deow In IVI. . tNw71p oT South DI'WI0_East and a°hots I.. h of 1=36 fact trtnov South 142a34 WOOL a e1 r ° q1 I.-y I - __ car /1V 187,1E M.!b the,rarNn,r�een�d On, dui d•.�.d Una 1r6r�.a1a d Ca I E 54e.e am atow Ur Veav a Parkva,.a.d.lmed nn woo PMwo M plat,ther,s Smer 14'10'11•vht,Clary f7V(]'N fl►a1PY -boar>ms Printed No- the vmlvy rho d add VOTUrbo Palaly.a clamroe of I&IS rout thmm Saulh OpF47'J4 aWOOL I Inn' i mod , � `� /141a�7'�. 0 `9� W d@mnbebn apn• d pate n.dh 1 d fold--arena Plod"o cl b.-of 240�12 fat b 1M Patin-of min Thar 19r SD OeearOetl parcel oontdm J.677 dare;maw w Maw I I 17 v lB sea or ew41'�r^ry Q Prose 20 A a Prhon d Puma 2L] 28 ` zm w 9 1w R p r.R 3 g M 11 . ' ` r CFfRlnrlE of°URVEYOR I 4rn w 4sa w Y VA _ ar awnrim Q the nwameat aomar Of Phaar Pork d the f nat Rat d Bmrty MOCK100e,Pthme W I anm Uschor,To. J a'�� q ,I` • c I M `the uMaa m RMn G Milaroa�,Proffado d Land Surveyor,do thwom S°Jh 0907'47'East dma W. d+M vine of wolf pod" drm�d 46SA1 Iwo&b the w I 1 / 4zw- ttar- {, I , 0 I Iw u par IaMr r Ockh 13.EOD4 k.L' 12.2005.1 er4Trrry Ya1r I Z l Cf f2 ti '�Y '�7 north Inv of Equoutdrl Lrw air dedoabE an tM Rnot Rat d Better Hraeow WuMMvlon PAAA = to w - 11�aii7s em ? a20 co surwyed the PLAT OF SUM NEAODNB BUBT1 WAGES SC A 20. Ploee l;1Mme South 69'41'6r Wait don0 seNl north Ihe,a 4Nhnoo of 12663E isey 1Mnee North Z I P terX I i �4firr qm ` Z U. .os d.- an 41e a:cs.pmyMg plat.,d a DDi T48'Wed.a6rg the wob,y Ire uP W-4.Open Span 8 d add PI I Plat d along the w Q ! - deaQbea h.1101lme vffh the PV Mm d the 14Bomoro SubdMasl mldiwy at.nrmn or won t.q Ian.,a metro,r IDILOG two the-lbdh ar4157'rank,o > ..T% a W nd R°Blry Act p78-71^101 arnwh 7B�D2F�N,CJI,ant Me idea•d U3,30 list to the suet Ilia of a Public 81met and VMty Eco meet for Ferjuaen Avanw Q WgWB I 1as ' �1r w lwal v npr ts7ty I Bozeman Urtllad Drnlapman Ordrorow net hal a.Dac-ant f210314SI/l- S.A 0020'Sd'W.A..larq said at Inc,a dda-of Z $ In I (7 n I Az tr cortty that at monunaim NI tb eat upon ar poor b 711104 feet thnov North 0'41'SY Ea1L 4 datarwa a1 740.63 het Manor N"W"*Ilr East a Ct I N y , P1RS >ff I �,:_ ! ![, Z m.,dllar d cmdK4lon w ohm __M.n.ear."d.-d.L d love. d 60.35 foot U the Paint d BednNrt. The daveaDad good alntaho t a891 wore,men U) I rN94tsry wr411tiw 7 Q ,�w wow r -I- y,M"M%W I aondNla rt e*t but no labor Mat dui°30.2L0R w bow I In4e I leapt aThe re 4dod+r afqft a•cane vLh end wopa 19 Ora,elfban0 ealvnwnb. the dovrb.d powele U' I J MAM is Mgg I oo�rm npd v:�: :m>r , � Cted re_day al .2W_ �aPa9'i'p plat W I 1( A } 16 I � [� I Q The daaq deaelbed 401t d lend l bo M krwen rro daelvMtae ev LL I a �s J rev a v yy ►br,fmo N4 1!!51 L9 1tw PLAT Of satin wr^cuvs sue0M101.mv=2c a,20.oly at J ' O41YIV 4ww---. 'e1 P �N r SeMei1'e�ro I BMWMn,C410M COurdy.Need":rrd OW k.1de IMINM In of atme01, teerlSlV Q f SIMI" �- tivetA+wo,°-eye,arq ppapaloe w putfla gg9e ehtwn an sot-plat an Ino adnt a a d dOmt.d bo 1fw D>Jr d Bdz4mm for tM puNr use I 1 „ ago' J a7ns and enjayRwltl. The Irllb frobWtl In al rbMbo,evwl tr ■lye.old 1wAy I f land I 9 eae41471 • J a 1t1 I CFRIItYNE rF 0001aY IAr.SURtR wMk ewww dlkaled b 4ha wNla emptad for p,tlrc I I 8a - 24 Q g 4 OCR&"BwMna Tnau9r d cos win De m la w ♦ _ -love Illt Mr afy aoap0a ro rwpondMRy far molvidnn0 iM rmlw 1tN g I i ti _ u,DS NeMa,4 de MnMI s a A 4 la zwv •w s R8 malry art8y Mal ltw�"•".'- lot Ise how,ate caanrt°d and that al 4ea r av a o- 4 ay toss real plSpwy tax4o anN s daraa,wlL cosaaaed and bvbd on Me IfdCaw-book Ur.Cy.hwo m d.l�llan 4.mddda 1%.Imb I 01 + m L + I bald t. M eib,/Ndad rave bawl pant, lKba In a1 almotIL woonm.a10e and Ma w puNb e41ane hafatly dd Id 6 p,Ml. Th.Imde helud.d In al e6..ti.-.6 \ I 4 - ----� ua ll y I Doted Me_n1q or Oley; mtl parka ar pphlilo agwra eraaolld to iM punt,,,Mlah Me Wow � ___ d� zm v a I C*ax.pb neepan.6lly for,mkrb*&g Innel clul tam Anma, KlnbaMoka Stneat,f o°n Mrat4[Lower BUdatr Mdvloa A1atw r a and Cdlath C-SP f-rd, r Itpa eer4111yW roowrw The undalegme hraeEy 9bo1rY ts,0o each drM every Otreen,rink v I 1R 1Lx' rcenPm•A7[tF t>ana FpDu NOIfVNA 064RINFM m'PavwoM1 Meh prover v pdvvl, nt °K"ag,n P'a"'d a /0' j30n 17.(Y 1 I �n A' 1 tNIMa,4 Yoatrle prover, yq hranR or ad bobYtlM ertNtee to 1M I I I I I I I sac A1aha r I our L ;b tens al-rua.rtuearre a,ul rn aelrFv pout6 tlw ripe rA tlw joint use of of eoeerrent for the amstriMn. , am s ;_ SEE ma/Wmmw npY and 1Metalel d tMt Inn and ethw fetdNvq w, S C A L E r 8 0 18 OOML A SD L1f D a I The PLAT OF 81XIER NFMOA'S SUBDM6Qf.RV6E=2C«20.OaldYn Canty. cove.undo and aaoa soar ado tiv/groatl e I tad c iauw sxs Isis�� \ yy aeo<ar n1e a va r la N >~ N-6-6 b wIN.the DID,d absnal Ikalaiq a fe.Fdm rm,fdpPW. pod on Md PICK ar LILrtY CA6DNEM'1a!core and to hold faralw. I 11 , '{ / a ,parlawe ' sow.MCA,and ea,be provided Mlh ad.tp*r - -- , T Nltfn the plmNno veto d Me Booanm vo1rM Paley MMon Lim o0opbd , punwnt b 76-1-801 A. r. - _-.._. 4a4d stw. .J t npr egmn eater dOlrope and adequ9a mudalgl hslon,1. TMdfd uldlr Ms Doted 1Hq_day Cl 20� 4s# 1aa0 aaa - z __ Roltdorw d f76-1--1 ►tC�,llfe vubdltMbn to eNONtlee hall Me sav4,lrV LTfLf4' j--_ __.®,11'6 u1.t4' f ,.prF.n.rl for 16afan° dn.rE of Gr.A,.ann.,ml QoRy,ode.. O.e.,ewrlve ar.,00ws xvnavaoa, Lp, anted item_day Pt �. Fla ' I" m W'QD^Le- EQUESTRIAN LANE Bt BAIDFA MEXM CONBfiwlC 0K NC. 9-1 vonlr /'1s T•N e ,4ul,wrlrtrM �I d Bazental.Na/ttam w roe r aeea w COMPUTED PHASE AREAS BY BLOCK etwnrlc.7r tc eaicam Paarc .� CF7IIIFIDIIE Oi[nePLrn11N K 11ffiOVFilAf14 / wo .tor w 1 _rta an l rwswoucK tam Sm=•Aucx PARK mmL(an r7Jl 1.m.dar at Ptbtc s r,t.,cly of Q.-.Mariana. da Iereby ce t 9"d R VTlbrm.and 1.Ia,B01 Waan9, a re91atered prrhvelorol wtdmv ItsnwO __` Z¢ t RI!0/aL 0 �a - un 7s� Mot Me aoaomDa got foe Dann dyy emmLletl oath nave t°urq VIe to pvffwa In M/stain d NaMm4 do hereblr aer-h that the le rq �___ 661 - py�np >k° eafrwenred..nqu4.d ka nred Ile donned.of ab 4Nb w a.a cm Juan(.) DETAIL A ■I S RI 2D/0.10 64285 b mOf Be ar flu b.. rd h. Ua ddlma n at oppmgl d My pLAr aP BAKTER 1IIA0aW8 BUBOMBON px4BEe Zc A 8!paw w wade 71 I - vats 1maDo m tiw Dla ar chain for the acMb um a Oro one d Imdf eroMn an bwo rrehdre I..advtrtorea.nth 41e�pmaad Pkrr a,d�adikdfane A- u m'o CURVE TABLE RI m/M.It )eat Teat a1° pnt a.a.eg mheal.e b wontn I dint£ RADMB DELTA ANGLE ARC IENM Cu0P0 fEARtla OLIO LENGTH s,p d 14108E 141OU mb N._day d 2!>L_ warts M, FL R FABIM.N;same world "D 71IX rtm, E Err BRADDrIAK I/LiUry , E ,rem' aantYao' AO' NirSib-A Oar PMW 70 Tur(AL zfaaw 141a12 exr 19®s CLLVFRIB, iL7II2 iABNC, BI�ILSE ORME1,AND 7aR OF THE 911E 8RA0►4S � 4e / ce eeID' snulaY sarC slrssbtTl ay' - WrrprlBen d Me 141E 10 rWMv 7e riimelalD'Wadfbed end IN eavered by 0w •� �./ C3 1000' 2sira/' M4211DBW 32 rn a/eL 12 Same _ ®Je CRY at a®,mM1 wartam "WMVNTWW olmomwr-01901l'~9 014 Ilnk �••_�-•'' t:a 17.I7 2V7YOOF 9w 91448'UPE SAP PN K/BL 13 74M loom 6646E C6 2mcr alwar ogler sm%wla4 1301e Rf 2C/BL 14 B472i - 415M IBM PAWL NPROMaOn1,PCM tli1TL.ET WPRRP.PCNO OUfIEI ffIRU 11RE. 1,5-MNLL4 ce aim' -cored' a f 14a1foet 4a tfMrFD11F a t2E7iK AM7 RECt>F�ER CWI8NtD 848E HOT PLINt NO(.C04@UTION CURB R GRIM,HANDICAP 114014 - - WPe7WM AU"APRONS,1 OI40arC Y^zy lama Arc nua;.m4cri m IV 160E a"Ofo" 2Sbs' 11401YOST -kill -!ENT PWNt 1fDt64 16016} _ BDBIfAIK9,REMAINING 3PE ORADINO,STREET BKfi9,CM BULB OE11tEATORB,AND /.� `.. CB xjw lVOCOd' 04,69' N4441b7IE Wp0 mr1®S 0 AteC'S leazl I4aw 0.her a y Vbn that the foregoing*w of alt lb, - afrt00 d GKm eats rMNr9f• / �E A B co 3LDW NOWGIF xya N 21SID3M 49W P"MZ 7d TOMAL 2232m 14AMI 702374 314700 ddock_,N.Elite-dq of = The oatoW r hw9W vu- owhet doMM ra Mn°tlpdvintanls fit°pwud i/ NO� 410 1 of aowwl re roa,°bs'M z, 7 anC reacoded In Boat_Of Plat; on Pogo m d Ono roar from Mle dais•The vlldMdor li TaTAI 48M/3 2d16ST 21t17od 670112 prvtto Peaarsden e1 all p1Lb w an 1SDR 90U000' 26Af N44.417T/E PI@7' Oa:,mant Na, fimrnb d H.Clw4,and IYlwtructure rm r:wrmte to Me d Bazvinaa ono 1M Fly hw40y aooePtr rwoavn ttr D Reaordw,adir Counlryn Nmtaro, P°•oabn OF al wMk Mneh•rc4r.b rarenatl4 z_ fa the woe fndlod.d Z OIL ZLOW 17W',Y 4!1' 9ov'swin 9.1r won". 11a ifa4vr w t L41 CID S1''etl' 2020 esiownc Laps PARK DEDICATION AREA CALCULATIONS (s4t1e1+F ITflI and Rod~ q: s,wreMr aa4mz � Q I� a4 7BD6' t.- JB' 2S BW2D'1D� P< �jI O 1 cis 39dwaw .2r 171w N7f 00'et A 1727' q< ebmm m;NA I�lel Pr Ont, y 1 C19 CID' '1C 'ape•. Ntri.W 1aA' PARK WITHIN W4TERDOURg Q WEITArC6 - BBB0,7 ----- g 1 C47 .76aw 17 M43WIfM 1757' 4 PARK Oa7meX Or WATL�lO7:t wenANOm -141a13 DleoWr a welt Twvk4 vela, 1� _ Lee ! cte v.-� 12261E A79 No6aLa6E 379 tvrAI PAIOt PNRa3 -210766 Of s1ID' 21%01 f 1a "Im'1T lail' STATE Q NONTAfN `t C2a t7,17 texlsr a,el letam'4rt 4pr - PARK WR71N WNERLtititSE/NE1IM06 1£i8AG145 D7BM Oawrp•of 0dlatlrl _ Dn IN*_day d _2�_before ma 11t mdardQled -.__ on ,�•�aim FEW 31svir p� �tk 1fiA1' OEDICATID RIIIC -f 0P76f -3,0E At783 Notary PiM for tM Rat°of Nwrtam.palealdb tlppoand 0"cl It,tnkrw mown to rile to be the PrmUent of BffiM JEAM63 CaarRUCTI N.IND. the otrYnt Partner ar CAKTCI MrACK Met armcpMSa.LP, and 0w Wdo1 MaKw none b oUted via to the whh hat fir ant and DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THE AREA OF THE SUBDIVISION, IT 15 NOT admoMbdOetl b ma Mat M oeasa Wtl Me MMh 1neMahlah-Tar mtl on blldf of EIA)M NUB.DEVE1APAW. LP. RECOMMENDED THAT RESIDENTIAL DWELLINGS WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST SHEET 2 IF 2 515-Pn2e2d-PLATA" "Mlt7a'=wNa®r'I ha-le,.e.nm r my twee am.Road my NAP"sent CONSULTING A PROFESSIONAL ENGINEER. IF DAYLIGHT BASEMENTS ARE INCORPORATED IN THE CONSTRUCTION DRAYVN BY: eb,5a DATE: B/IB/OS QUALITYCHECK: 1M tlay antl ywr 6dl moor wdllaa SURVEYEDBv: SA JOB No. BOS-016 FIELOBOOK 130/14 45 66 OF RESIDENTIAL DWELLINGS, THEY SHOULD NOT HAVE A DEPTH GREATER THAN THREE {3} FEET BELOW THE TD&1 THOMAS,DEAN& HOSKINS, INC. (R") r TOP OF THE CURB OR CROWN OF THE STREET FROM WHICH IT IS SERVED. Pdmsd Nan. Rleane� ENGINEERING CONSULTANTS 1y Camtmoon oapies MI(Mr. '-ll2EWW-KAlA9NJ.L w4wl OIW Eve ffm IDA110 ' S c EXHIBIT C • 1 OF 3 x r • .sa .. ','':. �....r � L �;• ��Y. r 0,. ,,<.. `Y � �� w� � ot. s "r z -i h. ..— �'�s,,,;�—r. tip.. R`''- 5;� ' � fir. r.� .,�' a i .�r'TF''�� v • MyyY 2. q � d4' Exhibit D Baxter Meadows Bungalow Home Prices and Sizes Year 2004 size (sf) price Arlington Alternate 1766 sf 1464 $169,900 * Arlington 1574 sf 1464 $169,900 * Ferndale 1464 sf 1464 $172,900 * Belmont 1560 sf 1464 $172,994 * 1464 $174,900 * All 4 models have 3 distinct 1464 $175,560 * exterior treatments for a total 1560 $179,900 * of 12 different alternatives 1574 $179,900 * 1464 $181,884 * 1464 $183,200 * *-This sale was deducted 1560 $184,500 * from 2004 New Construction 1574 $187,900 averages and medians 1574 $189,900 see exhibit G 1464 $192,561 * 1776 $209,900 * 1776 $225,410 * Average 1535.625 $184,451 Median 1464 $180,892 Year 2005 size (sf) price 1464 $182,900 1574 $192,900 1464 $182,900 1464 $182,900 1464 $187,900 ** **-This sale was deducted 1574 $213,000 ** from 2005 New Construction 1574 $192,900 ** averages and medians 1560 $177,900 ** see exhibit H 1574 $219,900 ** 1464 $212,449 ** 1560 $207,900 ** 1464 $212,778 ** 1560 $217,900 1766 $244,900 1464 $220,900 1766 $244,900 Average 1547.25 $205,933 Median 1560 $210,175 Market Summary EXHIBIT E • Pagel of 5 All singl, amily detached - MLS Area 1 - City of Bozeman 4 Overall Market Prices - 2004 MARKET SUMMARY No.of Dollar Average Median Average Status Class Type Price Range Listings Volume Price Price DOM Sold By Listing Office RESIDENTIAL SF UNDER 1 ACRE $100,000- 1 $100,000 $100,000 $100,000 26 $104,999 $125,000- 1 $129,000 $129,000 $129,000 5 $129,999 $140,000- 1 $142,000 $142.000 $142,000 124 $144,999 $145,000- 1 $149,500 $149,500 $149,500 2 $149,999 $150,000- 1 $154,500 $154,500 $154,500 6 $154,999 $160,000- 4 $651,250 $162,813 $163,175 1 $164,999 $165,000- 5 $838,800 $167,760 $169,000 23 $169,999 $170,000- 6 $1,036,094 $172,682 $172,947 45 $174,999 $175,000- 7 $1,241.760 $177,394 $176,500 47 $179,999 $180,000- 4 $729,200 $182,300 $183,000 -23 $184,999 $185,000- 6 $1,122,800 $187,133 $186,950 33 $189,999 $190,000- 2 $384,000 $192,000 $192,000 1 $194.999 $19 , - $199,999 5 $979,500 $195,900 $195,900 41 999 $200,000- 1 $200,000 $200,000 $200,000 2 $204,999 $205,000- 2 $414,900 $207,450 $207,450 14 $209,999 $210,000- 2 $421,245 $210,623 $210,623 15 $214,999 $215,000- 4 $866,500 $216,625 $216,250 87 $219,999 $220,000- 3 $665,373 $224,999 $221,791 $220,873 50 $225,000- 13 $2,955,450 $227,342 $226,900 22 $229,999 $230,000- 8 $1,852,548 $231,569 $231,000 49 $234,999 $235,000- 6 $1,416,400 $236,067 $235,000 26 $239,999 $240,000- 2 $480,528 $240,264 $240,264 60 $244,999 $245,000- 4 $990,900 $247,725 $248,000 13 $249,999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/27/2005 Market Summary • Page 2 of 5 $250,000- $254,9991 $250,000 $250,000 $250,000 1 999 $255,000- 3 $770,900 $256,967 $256,000 59 $259,999 $260,000- 4 $1,042,900 $260,725 $260,500 143 $264,999 $265,000- 3 $801,900 $267,300 $267,900 14 $269,999 $270,000- 1 $270,000 $270,000 $270,000 22 $274,999 $275,000- 1 $278,496 $278,496 $278,496 0 $279,999 $280,000- 1 $280,000 $280,000 $280,000 42 $284,999 $285,000- 6 $1.724,864 $287,477 $287,532 102 $289,999 $290,000- 3 $871,840 $290,613 $290.000 33 $294,999 $295,000- 2 $592,693 $296,347 $296,347 64 $299,999 $300,000- 1 $301,785 $301,785 $301,785 0 $304,999 $310,000- 2 $620,000 $310,000 $310,000 16 $314,999 $315,000- 2 $634,500 $317,250 $317,250 56 $319,999 $320,000- 2 $644,031 $322,016 $322,016 3 $324,999 $330,000- 1 $331,220 $331,220 $331,220 0 $334,999 $335,000- 4 $1,350,300 $337,575 $337,700 81 $339,999 $340,000- 2 $682,500 $341,250 $341,250 115 $344,999 $345,000- 1 $349,900 $349,900 $349,900 39 $349,999 $350,000- 1 $350,000 $350,000 $350,000 28 $354,999 $365,000- 1 $365,591 $365,591 $365,591 0 $369,999 $380,000- 1 $382,598 $382,598 $382,598 0 $384,999 $385,000- 2 $774,900 $387,450 $387,450 28 $389,999 $395,000- 1 $399,599 $399,599 $399,599 217 $399,999 $400,000- 1 $400,000 $400,000 $400,000 0 $404,999 $410,000- 1 $410,000 $410,000 $410,000 95 $414,999 $415,000- 2 $830,000 $415,000 $415,000 288 $419,999 $445,000- 1 $449,500 $449,500 $449,500 217 $449,999 $455,000- 1 $459,000 $459,000 $459,000 4 $459,999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/27/2005 Market Summary • Page 3 of 5 $480,000- 1 $484,200 $484,200 $484,200 71 $484,999 $495,000- 1 $495,000 $495,000 $495,000 -46 $499,999 $505,000- 1 $505,000 $505,000 $505,000 72 $509,999 $520,000- 1 $520,000 $520,000 $520,000 25 $524,999 $525,000- 1 $529,000 $529,000 $529,000 17 $529,999 $535,000- 1 $535,000 $535,000 $535,000 25 $539,999 $550,000- 1 $550,000 $550,000 $550,000 67 $554,999 $55 , - $559,999 999 1 $559,000 $559,000 $559,000 470 $57 , - $574,999 999 1 $574,000 $574,000 $574,000 18 $575,000- 1 $578,000 $578,000 $578,000 127 $579,999 $595,000- 1 $595,000 $595,000 $595,000 42 $599,999 $635,000- 1 $635,000 $635,000 $635,000 10 $639,999 Sub Total 153 $41,100,465 $268,630 $234,648 48 Sold By Cooperating Offic RESIDENTIAL SF UNDER 1 ACRE $135,000- 2 $273,000 $136,500 $136,500 16 $139,999 $145,000- 1 $146,000 $145,000 $145,000 4 $149,999 $155,000- 1 $157,000 $157,000 $159.999 $157,000 1 $160,000- 6 $972,500 $162,083 $162,250 29 $164,999 $165,000- 2 $334,900 $167,450 $167,450 6 $169,999 $170,000- 10 $1,720,033 $172,003 $172,000 20 $174,999 $175,000- 12 $2,135,200 $177,933 $177,750 25 $179,999 $180,000- 15 $2,739,334 $182,622 $182,100 19 $184,999 $185,000- 12 $2,251,500 $187,625 $187,700 54 $189,999 $190,000- 7 $1,342,061 $191,723 $192,500 17 $194,999 $195,000- 14 $2,760,300 $197,164 $197,250 30 $199,999 $20 , - $204,999 5 $1,012,900 $202,580 $202,500 7 999 $20 , - $209,999 8 $1,658,163 $207,270 $207,500 25 999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/27/2005 Market Summary • • Page 4 of 5 $210,000- 11 $2,344,150 $213,105 $214,000 28 $214,999 $21 , - $219,999 9 $1,948,800 $216,533 $215,000 39 999 $220,000- 8 $1,776,400 $222,050 $222,000 43 $224,999 $225,000- 9 $2,048,310 $227,590 $228,000 50 $229,999 $230,000- 6 $1,384,900 $230,817 $230,000 56 $234,999 $235,000- 12 $2 842 797 $236,900 $237,000 21 $239,999 $240,000- 7 $1,696,700 $242,386 $242,500 32 $244,999 $245,000- 8 $1,970,900 $246,363 $245,000 32 $249,999 $250,000- 5 $1.259,900 $251,980 $251,000 63 $254,999 $255,000- 6 $1,544,237 $257,373 $257,500 50 $259,999 $260,000- 4 $1,048,500 $262,125 $262,250 16 $264,999 $265,000- 5 $1,333,400 $266,680 $266,000 67 $269,999 $275,000- 3 $835,400 $278,467 $279,500 11 $279,999 $280,000- 2 $564,900 $282,450 $282,450 204 $284,999 $285,000- 9 $2,582,100 $286,900 $286,500 51 $289,999 $295,000- 2 $590,900 $295,450 $295,450 131 $299,999 $300,000- 4 $1,200,000 $300,000 $300,000 59 $304,999 $305,000- 2 $618,000 $309,000 $309,000 35 $309,999 $315,000- 1 $317,500 $317,500 $317,500 28 $319,999 $320,000- 2 $645,500 $322,750 $322,750 43 $324,999 $325,000- 3 $977,000 $325,667 $325,000 102 $329,999 $330,000- 3 $994,740 $331,580 $332,000 45 $334,999 $335,000- 2 $676,900 $338,450 $338,450 105 $339,999 $340,000- 2 $686,900 $343,450 $343,450 61 $344,999 $350,000- 2 $705,116 $352,558 $352,558 5 $354,999 $355,000- 3 $1,071,500 $357,167 $356,600 81 $359,999 $360,000- 1 $360,000 $360,000 $360,000 6 $364,999 $365,000- 1 $365,000 $365,000 $365,000 75 $369,999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/27/2005 Market Summary • Page 5 of 5 : $380,000- 1 $380,000 $380,000 $380,000 7 $384,999 $395,000- 1 $395,000 $395,000 $395,000 1 $399,999 $400,000- 1 $400,000 $400,000 $400,000 19 $404,999 $405,000- 1 $409,956 $409,956 $409,956 58 $409,999 $410,000- 1 $410,000 $410,000 $410,000 13 $414,999 $415,000- 2 $830,280 $415,140 $415,140 19 $419,999 $425,000- 2 $850,000 $425,000 $425,000 60 $429,999 $430,000- 1 $431,986 $431,986 $431,986 0 $434,999 $445,000- 2 $894,900 $447,450 $447,450 47 $449,999 $475,000- 1 $475,000 $475,000 $475,000 64 $479,999 $485,000- 1 $485,000 $485,000 $485,000 6 $489,999 $500,000- 2 $1,000,000 $500,000 $500,000 107 $504,999 $515,000- 1 $515,000 $515,000 $515,000 82 $519,999 $570,000- 1 $574,500 $574,500 $574,500 120 $574,999 $595,000- 1 $595,000 $595,000 $595,000 39 $599,999 $630,000- 1 $634,870 $634,870 $634,870 156 $634,999 $825,000- 1 $825,000 $825,000 $825,000 170 $829,999 Sub Total 248 $61,998,833 $249,995 $225,655 40 Sold By Non- Member Office RESIDENTIAL SF UNDER 1 ACRE $180,000- 1 $183,000 $183,000 $183,000 7 $184,999 $220,000- 1 $224,000 $224,000 $224,999 $224,000 116 $275,000- 1 $279,000 $279,000 $279,000 22 $279,999 $305,000- 1 $309,900 $309,900 $309,900 110 $309,999 $340,000- 1 $340,000 $340,000 $340,000 27 $344,999 Sub Total 5 $1,335,900 $267,180 $279.000 56 Grand Totals 406 $104,435,198 $257.230 229 950 43 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.ast) 11/27/2005 Market Su�wnary EXHIBIT F Page 1 of 6 All situ family detached in MLS �a 1 -City of Bozeman Overall Market Prices - - 2005 MARKET SUMMARY r: No.of Dollar Average Median Average Status Class Type Price Range Listings Volume Price Price DOM Sold By Listing Office RESIDENTIAL SF UNDER 1 ACRE $175,000- 2 $352,900 $176,450 $176,450 4 $179,999 $180,000- 2 $365,800 $182,900 $182,900 3 $184,999 $185,000- 4 $756,200 $189,050 $189,200 24 $189,999 $190,000- 2 $383,900 $191,950 $191,950 1 $194,999 $195,000- 1 $195,000 $195,000 $195,000 13 $199,999 $200,000- 4 $802,900 $200,725 $200,000 13 $204,999 $205,000- 7 $1,441,550 $205,936 $205,650 -10 $209,999 $210,000- 8 $1,695,227 $211.903 $212,225 17 $214,999 $215,000- 5 $1,081,658 $216,332 $215,658 39 $219,999 $220,000- 2 $440,000 $220,000 $220,000 17 $224,999 $225,000- 4 $910,581 $227,645 $227,791 59 $229,999 $230,000- 4 $927,800 $231,950 $231,450 36 $234,999 $235,000- 5 $1,187,900 $237,580 $237,000 18 $239,999 $240,000- 6 $1,452,550 $242,092 $242,400 45 $244,999 $245,000- 6 $1,485,400 $247,567 $247,500 35 $249,999 $250,000- 6 $1,511,101 $251,850 $252,164 -20 $254,999 $255,000- 8 $2,065,100 $258,138 $259,000 -14 $259,999 $265,000- 3 $800,000 $266,667 $266,000 7 $269,999 $270,000- 2 $544,900 $272,450 $272,450 103 $274,999 $275,000- 5 $1,385,000 $277,000 $277,000 41 $279,999 $280,000- 4 $1,129,291 $282,323 $282,196 -31 $284,999 $285,000- 3 $862,900 $287,633 $288,000 30 $289,999 $290,000- 4 $1,171,400 $292,850 $293,450 11 $294,999 http://gailatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asi) 11/27/2005 Market Summary • • Page 2 of 6 $295,000- 4 $1,191,900 $297,975 $297,500 28 $299,999 $300,000- 2 $600,000 $300,000 $300,000 48 $304,999 $310,000- 2 $621,000 $310,500 $310,500 23 $314,999 $315,000- 2 $633,900 $316,950 $316,950 97 $319,999 $320,000- 3 $964,900 $321,633 $320.000 37 $324,999 $330,000- 1 $331.638 $331,638 $331,638 68 $334,999 $335,000- 2 $674,635 $337,318 $337,318 30 $339,999 $345,000- 2 $697,400 $348,700 $348,700 6 $349,999 $355,000- 1 $355.000 $355,000 $355,000 0 $359,999 $365,000- 1 $366,715 $366,715 $366.715 0 $369,999 $370,000- 1 $374,500 $374,500 $374,500 125 $374,999 $375,000- 1 $375,000 $375,000 $375,000 46 $379,999 $380,000- 3 $1,144,773 $381,591 $380,149 84 $384.999 $385,000- 2 $777,659 $388,830 $388.830 103 $389,999 $390,000- 1 $393,000 $393,000 $393,000 11 $394,999 $395,000- 1 $399,900 $399.900 $399,900 3 $399,999 $400,000- 1 $402,018 $402,018 $402,018 0 $404,999 $410,000- 2 $824,900 $412,450 $412,450 21 $414,999 $425,000- 1 $425,000 $425,000 $425,000 15 $429,999 $435,000- 1 $435,000 $435,000 $435,000 1 $439,999 $440,000- 1 $440,000 $440,000 $440,000 5 $444,999 $465,000- 1 $469.000 $469,000 $469,000 66 $469,999 $475,000- 2 $958,903 $479,452 $479,452 0 $479,999 $485,000- 1 $485,000 $485,000 $485,000 49 $489,999 $560,000- 2 $1,124,000 $562,000 $662,000 127 $564,999 $565,000- 1 $569,000 $569,000 $569,000 12 $569,999 $580,000- 1 $580,000 $580,000 $580,000 274 $584,999 $595,000- 1 $599,900 $599,900 $599,900 -276 $599,999 httn://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asv 11/27/2005 Market Summary • Page 3 of 6 $615,000- 1 $615,000 $615,000 $615,000 64 $619,999 $650,000- 1 $650,000 $650,000 $650,000 325 $654,999 $745,000- 1 $749,000 $749,000 $749,000 23 $749,999 $785,000- 1 $785,000 $785,000 $785,000 0 $789,999 $865,000- 1 $869,000 $869,000 $869,000 4 $869,999 Sub Total 146 $43,831,699 $300,217 $259,450 25 Sold By Cooperating Offic RESIDENTIAL SF UNDER 1 ACRE $65,000- 1 $65,000 $65,000 $65,000 29 $69,999 $165,000- 3 $503,070 $167,690 $167,500 20 $169,999 $175,000- 1 $175,000 $175,000 $175,000 1 $179,999 $185,000- 4 $748,100 $187,025 $186,750 45 $189,999 $19 ,999- $194,999 3 $574,300 $191,433 $191,000 34 $195,000- 2 $395,900 $197,950 $197,950 135 $199,999 $200,000- 2 $402,000 $201,000 $201,000 20 $204,999 $205,000- 12 $2,484,400 $207,033 $207,500 20 $209,999 $210,000- 6 $1,273,900 $212,317 $212,500 32 $214,999 $215,000- 12 $2.619,716 $218,310 $218,500 47 $219,999 $220,000- 7 $1,559,300 $222,757 $223,000 47 $224,999 $22 , - $229,999 15 $3,408,400 $227,227 $227,000 39 999 $230,000- 4 $926,650 $231,663 $231,375 48 $234,999 $235,000- 15 $3,553,900 $236,927 $237,000 42 $239,999 $240,000- 12 $2,904,400 $242,033 $242,200 50 $244,999 $245,000- 14 $3,461,500 $247,250 $247,000 39 $249,999 $250,000- 10 $2,518,600 $251,860 $251,650 69 $254,999 $255,000- 11 $2,833,100 $257,555 $258,500 27 $259,999 $26 , - $264,999 3 $782,000 $260,667 $260,000 86 999 $265,000- 6 $1,606,800 $267,800 $268,500 80 $269,999 http://Rallatin.fnismis.com/Paragon/Search/Reports/MarketSummarv.asD 11/27/9,005 Market Summary • Page 4 of 6 $270,000- 6 $1,636,700 $272,783 $272,950 36 $274,999 $275,000- 7 $1,947,800 $278,257 $279,400 37 $279,999 $280,000- 6 $1,698,300 $283,050 $284,250 53 $284,999 $285,000- 6 $1,726,900 $287,817 $288,600 44 $289,999 $290,000- 2 $581,700 $290,850 $290,850 12 $294,999 $295,000- 5 $1,489,800 $297,960 $298,000 85 $299,999 $300,000- 4 $1,203,962 $300,991 $300,481 154 $304,999 $305,000- 4 $1,223,200 $305,800 $305,000 95 $309,999 $310,000- 2 $622,900 $311,450 $311,450 30 $314,999 $31 , - $319,999 4 $1,264,000 $316,000 $316,000 26 999 $320,000- 4 $1,297,852 $324,463 $324,450 113 $324,999 $325,000- 5 $1,642,726 $328,545 $329,426 81 $329,999 $330,000- 2 $666,550 $333,275 $333,275 193 $334,999 $340,000- 2 $680,000 $340,000 $340,000 9 $344,999 $345,000- 2 $696,800 $348,400 $348.400 164 $349,999 $350,000- 2 $702,500 $351,250 $351,250 66 $354,999 $355,000- 5 $1,787,000 $357,400 $358,500 40 $359,999 $360,000- 1 $361,300 $361,300 $361,300 14 $364,999 $365,000- 2 $734,000 $367,000 $367,000 26 $369,999 $375,000- 1 $376,815 $376,815 $376,815 7 $379,999 $380,000- 2 $762,500 $381,250 $381,250 89 $384,999 $385,000- 3 $1,159,900 $386.633 $385,000 154 $389,999 $390,000- 6 $2,344,000 $390,667 $390,000 92 $394,999 $395,000- 3 $1,191,000 $397,000 $397,000 90 $399,999 $400,000- 3 $1,202,500 $400,833 $400,000 44 $404,999 $405,000- 2 $810,000 $405,000 $405,000 107 $409,999 $410,000- 2 $822,000 $411,000 $411,000 83 $414,999 $415,000- 2 $833,500 $416,750 $416,750 30 $419,999 httn://izallatin.fhisnils.com/Paraszon/Search/Reports/MarketSummarv.asn 11/27/2005 Market Summary • . Page 5 of 6 $425,000- 2 $858,900 $429,450 $429,450 27 $429,999 $430,000- 2 $864,266 $432,133 $432,133 13 $434,999 $435,000- 1 $435,000 $435,000 $435,000 15 $439,999 $440,000- 2 $880,000 $440,000 $440,000 56 $444,999 $44 , 3 $1,343,900 $447,967 $449,000 83 $449,999 999 $45 , 3 $1,355,500 $451,833 $452.500 99 $454,999 999 $455,000- 2 $914.000 $457,000 $457,000 270 $459,999 $460,000- 1 $464,000 $464,000 $464,000 40 $464,999 $475,000- 2 $954,000 $477,000 $477.000 90 $479,999 $480,000- 1 $484,500 $484,500 $484,500 49 $484,999 $490,000- 1 $490,000 $490,000 $490,000 140 $494,999 $495,000- 1 $499,000 $499,000 $499,000 10 $499,999 $500,000- 2 $1.001,000 $500,500 $500,500 7 $504,999 $510,000- 1 $514,000 $514,000 $514,000 170 $514,999 $525,000- 1 $529,900 $529,900 $529,900 306 $529,999 $535,000- 1 $539,000 $539,000 $539.000 264 $539,999 $565,000- 1 $569,000 $569,000 $569,000 165 $569,999 $595;000- 1 $595,000 $595,000 $595,000 -6 $599,999 $615,000- 1 $618,000 $618,000 $618,000 8 $619,999 $620,000- 1 $620,000 $620,000 $620,000 17 $624,999 $635,000- 1 $638,500 $638,500 $638,500 22 $639,999 $645,000- 1 $649,000 $649,000 $649,000 111 $649,999 $650,000- 1 $650,000 $650,000 $650,000 120 $654,999 $680,000- 1 $682,000 $682,000 $682,000 43 $684,999 $690,000- 1 $690,000 $690,000 $690,000 5 $694,999 $925,000- 1 $925.000 $925,000 $925,000 55 $929,999 Sub Total 274 $83,025.70 $303,014 $263.500 58 Sold By Non- Member Office RESIDENTIAL bttn-//galIatin.fnismis.com/Paragon/Search/Renorts/MarketSummarv_a.qn > Market Summary • Page 6 of 6 SF UNDER 1 ACRE $235,000- 1 $237,000 $237,000 $237,000 30 $239,999 $530,000- 1 $530,000 $530,000 $530,000 62 $534,999 Sub Total 2 $767,000 $383,500 $383,500 46 Grand Totals 422 $127,624,406 $302,428 $259,950 47 httD://izallatin.fnismis.com/Paragon/Search/Reports/MarketSummarv.asD 11/27/2005 Market Summary EXHIBIT G • Pagel of 3 :::ALL New Construc ion Single Family Detached - -MLS Area 1 -City of Boman 2004 MARKET SUMMARY Status Class Type Price Range No.of Dollar Average Median Average Listings Volume Price Price DOM Sold By Listing Office RESIDENTIAL SF UNDER 1 ACRE $165,000- **2 $339,800 $169,900 $169,900 50 $169,999 $170,000- **2 $345,894 $172,947 $172,947 72 $174,999 $175,000- ** 2 $355,460 $177,730 $177,730 7 $179.999 $180,000- * 1 $183,200 $183,200 $183,200 -155 $184,999 $210,000- 1 $211,245 $211,245 $211,245 27 $214,999 $220,000- 1 $220,873 $220,873 $220,873 58 $224,999 $225,000- 4 $909,650 $227,413 $226,900 11 $229,999 $230,000- 1 $233,000 $233,000 $233,000 168 $234,999 $235,000- 2 $471,500 $235,750 $235,750 35 $239,999 $240,000- 1 $240,528 $240,528 $240,528 118 $244,999 $255,000- 1 $255,000 $255,000 $255.000 38 $259,999 $260,000- 1 $261,900 $261,900 $261.900 195 $264,999 $27 , 1 $278.496 $278,496 $278,496 0 $279,999 999. $28 , - $289,999 4 $1,154,864 $288,716 $289,450 101 999 Note• $290,000- 1 $291 840 $291,840 $291,840 38 $294,999 *=1 Baxter Meadows Bungalow $295,000- sale in corresponding price $299,999 1 $297,693 $297,693 $297,693 0 category. $300,000- $304,999 1 $301,785 $301,785 $301,785 0 These sales were deducted $310,000- from Average and Median $314,999 1 $310,000 $310,000 $310,000 31 Prices on Pg. 3 to determine $320,000- price differences between $324,999 1 $324,031 $324,031 $324,031 0 Baxter Meadows Bungalow $330,000- homes and all other new $334,999 1 $331,220 $331,220 $331,220 0 construction. $335,000 $339 999 1 $338,400 $338,400 $338,400 132 $345,000- 1 $349,900 $349,900 $349,900 39 $349,999 $365,000- 1 $365,591 $365,591 $365,591 0 $369,999 Market Summary 9 0 Page 2 of 3 $380,000- 1 $382,598 $382,598 $382,598 0 $384,999 $385,000- 2 $774,900 $387,450 $387,450 28 $389,999 $395,000- 1 $399,599 $399,599 $399,599 217 $399,999 $400,000- 1 $400,000 $400,000 $400,000 0 $404,999 $520,000- 1 $520,000 $520,000 $520,000 25 $524,999 $550,000- 1 $550,000 $550,000 $550,000 67 $554,999 $570,000- 1 $574,000 $574,000 $574,000 18 $574,999 $635,000- 1 $635,000 -$635,000 $635,000 10 $639,999 Sub Total 42 $12.607,967 $300,190 $287,532 44 Sold By Cooperating Offic RESIDENTIAL SF UNDER 1 ACRE $17 , * 1 $174,900 $174,900 $174,900 0 $174,999 999 $175,000- * 2 $359,800 $179,900 $179,900 33 $179,999 $180,000- *** 4 $730.634 $182,659 $182,125 58 $184,999 $185,000- ** 2 $377,800 $188,900 $188,900 107 $189,999 $190,000- * 1 $192 561 $192 561 $192,561 3 $194,999 $20 , - $209,999999 * 3 $623,663 $207,888 $208,000 35 $210,000- 1 $210,550 $210,550 $210.550 14 $214,999 $215,000- 1 $216,000 $216,000 $216,000 10 $219,999 $22 , - $229,999 3 $683,410 $227,803 $229,000 19 999 $230,000- 1 $230,000 $230,000 $230,000 46 $234,999 $235,000- 2 $476,397 $238,199 $238,199 -82 $239,999 $245,000- 1 $249,000 $249,000 $249,000 14 $249,999 $255,000- 3 $774,237 $258,079 $259,000 36 $259,999 $260,000- 1 $262,500 $262,500 $262,500 30 $264,999 $265,000- 1 $265,900 $265,900 $265,900 0 $269,999 $280,000- 1 $284,900 $284,900 $284,900 181 $284,999 $285,000- 1 $289,700 $289,700 $289.700 45 $289,999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/26/2005 • Market Summary Page 3 of 3 $330,000- 1 $332,740 $332,740 $332,740 64 $334,999 $340,000- 1 $344,900 $344,900 $344,900 49 $344,999 $350,000- 1 $352,616 $352,616 $352,616 0 $354,999 $355,000- 1 $356,600 $356,600 $356,600 114 $359,999 $405,000- 1 $409,956 $409,956 $409,956 58 $409,999 $430,000- 1 $431,986 $431,986 $431,986 0 $434,999 $445,000- 1 $445,000 $445,000 $445,000 15 $449,999 $570,000- 1 $574,500 $574,500 $574,500 120 $574,999 Sub Total 37 $9,650.25 $260,818 $230,000 37 Grand Totals 79 $22,258,217 $281,750 $255,000 41 Adjusted Average: $341 , 709-see note pg. 1 Adjusted Median: $278, 496-see note pg. 1 htto://Rallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asi) 11/26/2005 Market Summary Atruction EXHIBIT H Page 1 of 3 All New Con Single Family Detached - Area 1 -CitY __.of Bozeman 2005 PWARKET SUMMARY Status Class Type Price Range No.of Dollar Average Median Average Listings Volume Price Price DOM_ Sold By Listing Office RESIDENTIAL SF UNDER 1 ACRE $175,000- *1 $177,900 $177,900 $177,900 0 $179,999 $185,000- *1 $187,900 $187,900 $187,900 77 $189,999 $205,000- 1 $205.650 $205,650 $205,650 -212 $209,999 $210,000- **2 $425,227 $212,614 $212,614 7 $214,999 $215,000- 1 $217,000 $217,000 $217,000 0 $219,999 $225,000- 2 $455,581 $227,791 $227,791 66 $229,999 $230,000- 1 $230,000 $230,000 $230.000 103 $234,999 $245,000- 2 $495,000 $247,500 $247,500 100 $249,999 $250,000- 1 $252,450 $252,450 $252,450 74 $254,999 $255,000- 2 $514,900 $257,450 $257,450 23 $259,999 $270,000- 1 $274,900 $274.900 $274.900 158 $274,999 $275,000- 1 $277,000 $277,000 $277,000 0 Note• $279,999 *=1 Baxter Meadows Bungalow $280,000- 1 $284,900 $284,900 $284,900 59 sale in corresponding price $284,999 category. $285,000- These sales were deducted $^`39,999 1 $288,000 $288,000 $288,000 29 from Average and Median $290,000- 1 $292,900 $292,900 $292,900 34 Prices on Pg. 3 to determine $294,999 price differences between $295,000- 1 $299,900 $299,900 $299,900 33 Baxter Meadows Bungalow $299,999 homes and all other new $310,000- 1 $311,000 $311,000 $311,000 40 construction. $314,999 $315,000- 2 $633,900 $316.950 $316,950 97 $319,999 $320,000- 1 $324,900 $324,900 $324,900 85 $324,999 $330,000- 1 $331,638 $331,638 $331,638 68 $334,999 $365,000- 1 $366,715 $366,715 $366,715 0 $369,999 $380,000- 3 $1,144,773 $381,591 $380,149 84 $384,999 $385,000- 2 $777,659 $388,830 $388,830 103 $389,999 Market Summary Page 2 of 3 $400,000,- 1 $402,018 $402,018 $402,018 0 $404,999 $475,000- 2 $958,903 $479,452 $479,452 0 $479,999 $565,000- 1 $569,000 $569,000 $569,000 12 $569,999 $615,000- 1 $615,000 $615,000 $615,000 64 $619,999 $785,000- 1 $785,000 $785,000 $785,000 0 $789,999 Sub Total 37 $12,099,714 $327,019 $292,900 45 Sold By Cooperating Offic RESIDENTIAL SF UNDER 1 ACRE $65,000- $69,9991 $65,000 $65,000 $65,000 29 ' 999 $190,000- * 1 $192,900 $192,900 $192,900 9 $194,999 $205,000- * 3 $622,900 $207,633 $207,500 6 $209,999 $210,000- * 1 $213,000 $213,000 $213,000 10 $214,999 $215,000- * 4 $876,300 $219,075 $219,460 51 $219,999 $225,000- 2 $450,000 $225,000 $225,000 21 $229,999 $235,000- 3 $711,900 $237,300 $237,000 42 $239,999 $240,000- 2 $484,400 $242,200 $242,200 143 $244,999 $245,000- 1 $246,900 $246,900 $246,900 155 $249,999 $250,000- 3 $762,300 $254,100 $254,900 178 $254,999 $255,000- 2 $510.900 $255,450 $255,450 60 $259,999 $265,000- 1 $269,900 $269,900 $269,900 85 $269,999 $270,000- 3 $821,700 $273,900 $273,900 49 $274,999 $275,000- 1 $279,900 $279,900 $279,900 111 $279,999 $280,000- 3 $844,900 $281,633 $280,000 62 $284,999 $285,000- 1 $289,900 $289,900 $289,900 16 $289,999 $290,000- 1 $290,000 $290,000 $290,000 23 $294,999 $295,000- 2 $592,900 $296,450 $296,450 61 $299,999 $300,000- 1 $300,962 $300,962 $300,962 391 $304,999 $305,000- 2 $613,200 $306,600 $306,600 156 $309,999 http://gallatin.fnismis.com/Paragon/Search/Reports/MarketSummary.asp 11/26/2005 • Market Summary • Page 3 of 3 $310,000- 1 $312,900 $312,900 $312,900 23 $314,999 $315,000- 1 $317,000 $317,000 $317,000 43 $319,999 $330,000- 1 $334,900 $334,900 $334,900 63 $334,999 $395,000- 2 $796,000 $398,000 $398,000 87 $399,999 $400,000- 1 $400,000 $400,000 $400,000 0 $404,999 $415,000- 1 $415,000 $415,000 $415,000 41 $419,999 $43 , - $434,999 1 $434,266 $434,266 $434,266 23 999 $440,000- 1 $440,000 $440,000 $440,000 72 $444,999 $445,000- 1 $449,000 $449,000 $449,000 126 $449,999 $455,000- 1 $455,000 $455,000 $455,000 154 $459,999 $490,000- 1 $490,000 $490,000 $490,000 140 $494,999 $510,000- 1 $514,000 $514,000 $514,000 170 $514,999 $650,000- 1 $650,000 $650,000 $650,000 120 $654,999 $690,000- 1 $690,000 $690,000 $690,000 5 $694,999 Sub Total 53 $16,137,928 $304,489 $274.900 77 Grand Totals 90 $28,237,642 $313,752 $280.000 64 Adjusted Average: $327, 229 - see note on pg1 Adjusted Median: $288, 000 - see note on pg 1 Note: There are an additional 0 Bungalow sales in 2005 that did not register on MLS database. See Exhibit D http://gallatin.frusmis.com/Paragon/Search/Reports/MarketSummary.asp 11/26/2005 Page 3 of 4 Any Commissioner di-Osion/comments; motion and vote (to *t to approve) 5. Modifications to relaxations for Baxter Meadows Subdivision Planned Unit Development to allow requests through the CUP process to increase maximum building height in T-2"zone east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; to allow restricted size lots less than 5,000 square feet for single household detached dwelling; to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C.; and to allow affordable housing units to exceed the floor area ratio and to exceed maximum square footage of 1,515 square feet on property north of Baxter Lane along Vaquero Parkway - Cadius Partners for Baxter Meadows Development, LP (Z-03276A) (Lanette Windemaker) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 6. Conditional Use Permit- allow apartment buildings up to 65 feet in height on property at northeast corner of Vaquero Parkway and Rawhide Street - Cadius Partners for Baxter Meadows Development, LP (Z-05248) (Lanette Windemaker) t a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 7. Preliminary plat for Bozeman Gateway Subdivision - subdivide 72.22 acres lying along south side of Huffine Lane/US Highway 191/West Main Street, east of South Fowler Avenue and north of West Garfield Street, into 8 commercial lots and 1 remaining lot for common open space and future residential development- Morrison-Maierle, Inc., for Mitchell Development Group, Inc. (P-05049) (Dave Skelton) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision Any Commissioner discussion/comments; motion and vote (to or not to approve) 8. Conditional Use Permit for Bozeman Gateway Planned Unit Development- allow development of a master plan under an approved development manual and allow relaxations to eliminate 60-percent restriction on impervious surfaces and allow for development of entire site, exclusive of required yard setbacks; allow development to be completed within ten years; allow blocks to exceed 400 feet in length and width; allow encroachment into watercourse setbacks; allow streets to intersect at angles less than 90 degrees; allow soft trails in lieu of sidewalks; relax average spacing requirements for public streets; exclude requirement to have 25 feet of frontage on improved street or alley; allow diagonal parking on certain streets; allow building height of 146 feet; allow encroach parking to encroach into yard setbacks; and allow lots less than required widths - Morrison-Maierle, Inc., for Mitchell Development Group, Inc. (Z-05217) (Dave Skelton) a. Public hearing Open public hearing; listen to staff presentation; listen to applicant's presentation; accept public testimony; close public hearing b. Decision 12/5/2005 • • 12/8/2003 Proposed Building Envelopes: As discussed above,the generalized footprints of building envelopes are shown on Figure 3, Master Site Plan (page 5). Building heights— ' the remaining dimensions of the building envelopes are discussed below. Figure 4, Generalized Building Heights in Downtown Core (page 14) contains a plan view showing the relative heights of buildings within the commercial core and the immediate surrounding residential area to the north. This purpose of this figure is to place the geographic location of the building heights of the various elements of the proposed project within the context of the overall built environment of downtown, and thus to show the interrelationships among all taller building elements within this larger area. The maximum building height permitted within the B-3 Zone is 70-feet(55-feet in the Core Area), although there are several existing buildings within the district that exceed this maximum height thus there is a precedent for taller buildings. Table 3 below shows the heights of these existing taller buildings. Table 3: Heights of Existing Buildin in Downtown Bozeman Existing Buildings Street Location Permitted Actual Difference Height Height Hotel Baxter Main Street 55 feet 80 feet +25 feet Hotel Baxter Sign Main Street 55 feet 105 feet +50 feet Hotel Bozeman Main Street 55 feet 70 feet + 15 feet US Bank Main Street 55 feet 60 feet + 5 feet Ellen Stagehouse Core District 55 feet 65 feet + 10 feet Federal Building Babcock Street 70 feet 70 feet conforms Figure 5 (page 15)contains cross-section drawings showing building heights of the various elements of the proposed project with other buildings within the vicinity of the project site. This figure also shows the permitted building heights within the B-3 Zone. ® The building heights of the various elements of the project are a function of the specific uses. A brief discussion of the building heights of those buildings that exceed the maximum building height of 70 feet as set forth in the UDO are discussed below. The Arts at City Center: Factors that determine the building height of the Concert Hall and Fly Loft are summarized in Table 4(page 16). The rationale for requesting an increase in the permitted height of portions of the Concert Hall by up to 40 feet to a maximum of 110 feet is summarized as follows: • The seating area for the Concert Hall requires four seating levels (orchestra,parterre,mezzanine,and balcony)in order to provide the number of seats determined through several years of programming. in order to realize the 1600 seat capacity,the height of the Concert Hall proper needs to be 90 feet, 20 feet taller than the permitted height. INFORMAL.Application.12.8.03.doc Page 13 of 22 2053095 Papa: 9 of 20 11/14/200101 04:49P Shelley Vanoa-Gallatin Co MT MIS 120.00 If the Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty(30) days after written notice by City to the Landowner of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D) It is agreed that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore,notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 10. Affordable Housing The Landowner hereby acknowledges that annexation and development of the subject property will have an impact on the cost and availability of housing stock in the Bozeman Area. The Landowner has prepared and submitted a written letter evidencing its intent to develop and offer housing units which will be within Single Family Affordability Limits, as that term has been defined under HUD guidelines, which letter by reference is made a part of this agreement and incorporated herein. 11. Payback Aareement(s) The parties recognize that development of the subject property will involve completion of infrastructure improvements that are capable of servicing a greater area than that proposed for annexation. Subject to review and approval by the City Commission, Landowners may seek reimbursement for that portion of development costs not wholly attributable to the property proposed 8 • From: Caren Roberty Sent: Monday,November 21, 2005 12:02 PM To: CAHAB Subject: RE: Baxter Meadows and RSLs CAHAB Recommendations I have gotten a few responses on the Baxter Meadow RSL/RSU questions and thought I would pass on a compromise that allows the developer some sort of break for doing RSL/RSU's on 2400 sq. ft. lots and small homes. 1. Agree with staff that some of the RSL/RSU's could be smaller than 5,000 sq. ft. Allowing for lots smaller than 5,000 sq. ft. is being considered by the UDO Committee as a recommendation to the Commission. 2. 2400 sq. ft. minimum lot size is fine. Again this is another suggestion by our UDO committee! 3. Agree with staff that the 1515 sq. ft. RSU can not be exceeded and the ratio of living space on the lot should also not be exceeded. The CAHAB had already decided to • recommend to the Commission a smaller maximum size RSU. Our recommendation was that the maximum RSU could not exceed 1200 square feet for a SFD and 900 sq. ft. for a kNFD. This would probably result in smaller lots. Agree with staff that the current maximum size for a RSD can not exceed 1515. Also we need to stick to the ratio so we do not get too large of a house on a small lot. On the final question the CAHAB likes to see small house/small lot. We also realize that the profit margin on smaller homes is generally smaller. We are willing to meet the developer half way. In other words, if they are willing to do 2400 sq. lots and smaller homes how about 7.5% of the net buildable acreage in this part of the sub division? That way we get more houses and they get a break. It would be good if some of these relaxations became standards, not exceptions. Easier on the developer,planner, etc. • r f 4 CITY COMMISSION STAFF REPORT #Z 03276A BAXTER MEADOWS PHASE 2 MODIFICATIONS TO PUD i E Item: Zoning Application #Z-03276A — An application for modification of the Conditional Use Permit with relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan to allow development of—76 acres into a neo-traditional multi-use development with residential and commercial uses. The property, located north of Baxter Lane and both east and west of Vaquero Parkway, is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/2 of Section 34,T1S,R5E,PMM,City of Bozeman,Gallatin County, Montana. The property is zoned R-3(Residential Medium Density District)and "11-2" (Community Business District). Owner/Applicant: Baxter Meadows Development, LP, P.O. Box 81487, Billings,MT 59108. Representative: Cadius Partners,P.O. Box 11427, Bozeman,MT 59719. Date/Time: Bozeman City Commission: Monday, December 5, 2005, at 7:00 p.m., Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located north of Baxter Lane and both east and west of Vaquero Parkway. The — 76 acre property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South ''/2 of Section 34,TIS,R5E,PMM, City of Bozeman, Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District)and"B-2"(Community Business District). Please refer to the vicinity map on the following page. a- 1 -7 I Subject Property R�$ -2 R-3 � Z moo, �_.-- EL tyi w.ti7.t - -- a --BAXTER PLI R-3 N PROPOSAL Application has been made for modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan,an—76 acres to be developed as a neo-traditional multi-use development with residential and commercial use. Proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process a maximum building height of up to 65 feet for all buildings and roof types. In addition, this proposed modification would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots, subject to several relaxations. Baxter Meadows Phase 2 was given conditional approval on February 2, 2004. The applicant has requested the following relaxations: 1.) Section 18.18.060.B (Building Height) to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane up to 65 feet for all buildings and roof types. Planning Staff supports this relaxation subject to the following conditions. • Maximum building height in the B-2(Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size,height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP /PUD Mods Staff Report �8 J�� 2 2.) Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling;Planning Staff supports the idea that smaller lots sizes help to increase affordability, and supports this relaxation subject to the following conditions: • The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. • The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3.) Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C, which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lots sizes more floor area could be constructed in the house for the same cost, and recommends the following conditions: . • The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. 4.) Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. The applicant has requested that 30% of these units have a maximum of 1,800 square feet, and the remaining units have a maximum of 1,615 square feet. While Planning Staff could see some justification to exceed the maximum floor area ratio with smaller lots, Planning Staff does not see the justification to exceed the maximum square footage requirement of 1,515 placed on ALL RSLs. Planning Staff does not support this request to exceed the maximum of 1,515 square feet, and recommends the following condition: • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. ZONING DESIGNATION & LAND USES The subject property is zoned R-3 (Residential Medium Density District)and"B-2,"Community Business District. The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—vacant. "B-2" (Community Business)—vacant. South: "PLI" (Public Lands and Institutions) —Regional Park. "R-3" (Residential Medium Density)—residential (Baxter Meadows Phase 1) and vacant. East: "B-2" (Community Business)—vacant. West: "R-S" (Residential Suburban) - residential (Baxter Meadows Phase 1); and "R-1" (Residential Single-Household, Low Density District)—vacant (Baxter Meadows Phase 3). ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 3 1 c ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as"Residential"and"Community Commercial"in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. Community Commercial. Activities within this land use category are the basic employment and services necessary for a vibrant community.Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the modification of the Conditional Use Permit(CUP) with relaxations for the Baxter Meadows Phase 2 Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title,the Planning Director, City Commission, DRC,and when appropriate,the ADR Staff,the DRB,the BABAB,the CAHAB or WRB shall consider the following: ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 4 1 1. Conformance to and consistency with the City's adopted growth policy. The development proposal is in conformance with the"Residential"and"Community Commercial"land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design—Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient,visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. Objective 2. Support the blending of housing types,sizes,and styles to encourage a wide variety of housing within each neighborhood in order to encourage a mingling of social and economic classes. • Goal 5.7.1 Housing-Promote an adequate supply of safe housing that is diverse in type, density, and location,with a special emphasis on maintaining neighborhood character and stability. Objective 2. Provide an adequate supply of affordable housing and land for affordable housing. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Unified Development Ordinance. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions,corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a,written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 5 e • • V 4. Relationship of site plan elements to conditions both on and off the property. Not applicable,with the conditions required in the previous approval of Baxter Meadows Phase 2 PUD,the elements of the PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. Not applicable,the impact of the proposal on the existing and anticipated traffic and parking conditions was addressed with the previous approval of Baxter Meadows Phase 2 PUD. 6. Pedestrian and vehicular ingress, egress and circulation. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 7. Landscaping,including the enhancement of buildings,the appearance of vehicular use,open space and pedestrian areas, and the preservation or replacement of natural vegetation. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 8. Open space. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 9. Building location and height. Maximum building height through a CUP request in the "B-2" zoning district when located within the "Community Commercial" growth policy land use designation: • 49 feet fora roof pitch less than 3:12. • 57 feet for a roof pitch 3:12 or greater. Baxter Meadows Phase 2 Modifications to the Preliminary PUD has requested the ability within this area of the PUD to request a building height up to 65 feet for all roof types through a CUP. This relaxation may be supportable subject to the following conditions. • Maximum building height in the B-2(Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size,height and mass from three (3) different locations. 10. Setbacks. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 6 q 11. Lighting. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 12. Provisions for utilities, including efficient public services and facilities. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 13. Site surface drainage and storm water control. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 14. Loading and unloading areas. No applicable. 15. Grading. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20.If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title,whether the lots are either: a.Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. ##Z-03276A Baxter Meadows CUP /PUD Mods Staff Report 7 I Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits" In addition to the review criteria outlined above,the City Commission shall,in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards,spaces,walls and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Unified Development Ordinance. Other than the deviations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase II PUD is an interior phase of a six-phase development. Therefore, it will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has not recommended any additional conditions addressing special landscaped yards and buffers. c. Special fences, solid fences and walls. Planning Staff has not recommended any additional conditions addressing special fences. d. Surfacing of parking areas: Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 8 i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval,and must undertake development of the project within 2 years of final site plan approval. 1. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 "Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1)Does the development comply with all City design standards,requirements and specifications for the following services:water supply,trails/walks/bike ways,sanitary supply,irrigation companies,fire protection,electricity,flood hazard areas,natural gas,telephone,storm drainage,cable television,and streets? The applicant has not requested a deviation,waiver or relaxation from any of the above listed services,and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (3) Are the elements of the.site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 9 (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation,and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.)contribute to the overall reduction of energy use by the project? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (6)Park Land.Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (7) Performance. All PUDs shall earn at least twenty performance points. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. Residential Development (1)On a net acreage basis,is the average residential density in the project(calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (2) Does the project provide for private outdoor areas (e.g.,private yards, patios and balconies,etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun,ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Previously addressed at preliminary approval of Baxter Meadows_Phase 2 PUD. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 10 Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (4)If the project is proposing a residential density bonus as described below,does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development, the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. Commercial Development (1)If the project contains any use intended to provide adult amusement or entertainment,does it meet the requirements for adult businesses? Not applicable. (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? Not applicable. (3) Is the project on at least two acres of land? The subject property is — 76 gross acres. (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 1] pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5) Is it compatible with and does it reflect the unique character of the surrounding area? The Bozeman 2020 plan has designated this area as"Residential"and"Community Commercial"land use designation. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (6)Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Not applicable. (7)Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan by advancing the intent of the "Residential" and the "Community Commercial" land use designations as previously discussed. (8)Does the project provide for outdoor recreational areas(such as additional landscaped areas,open spaces, trails or picnic areas) for the use and enjoyment of those living in,working in or visiting the development? Not applicable. RECOMMENDED CONDITIONS OF APPROVAL Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board(DRB) and other boards,when appropriate,have reviewed the modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance. Based on the evaluation of said criteria and findings by the Planning Staff, staff finds that the application,with conditions,is in general compliance with'the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: l. Maximum building height in the B-2(Community Business District)east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit,but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 12 3. The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13,Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing,(excluding area used for a garage)shall not exceed 1,515 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and.any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CONCLUSION/RECOMMENDATION The DRC, DRB, and other boards, when appropriate, have reviewed the application 4Z-03276A for modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan to allow development of—76 acres and as a result recommends to the City Commission conditional approval of said application with relaxations #1, #2 and #3 and without relaxation #4 with conditions and code provisions outlined in this staff report. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 13 The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF THE CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PHASE 2 PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Applicant's Submittal. CAHAB Recommendations. cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 14 gffidaoit' of Publ.iqtion STATE OF MONTANA; SS. County of Gallatin being duly sworn, deposes and • says: That the is cS00k4Z5�, of the Bozeman Daily Chronicle; a newspaper of general circulation, printed and published Bozeman, Gallatin County, Montana; and that the notice here unto annexed has been uLU Z� o Zo correctly published in the regular and entire issue of every number of said paper for N ' cQRSOWA� , the first of which publication was made on the ` t , � day of , �20.n*S:�, and the last on t d day of 20 Q Subscribed and-sworn to before me this 77/ day o 0 SEAL' * P � qTF OF Mod i i i r►► 1 tary Public for the State of Montana, residing at Bozeman,Montana. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires June 27,2008 • ' hlAVION BOZEMAN DAILY CHRONICLE, Sunday, November 13, 2005 E5 o%no% r periomd.0 urcasa es riOta c ing something that has a lot of power—far be- Neither man knew the other,but the analysis indi- more common:' By ROB STEIN yond what they were originally designed for,"said Gated there was about a 50 percent chance that all That scenario is likely to concern thousands of The Washington Post David M.J.Lazer,who studies the legal implica- three had the same father,grandfather or great- men who have donated sperm anonymously— tions of genetic databases at Harvard University's grandfather,Kramer said.The men also had simi- often college students or other young men who WASHINGTON—Like many children whose John F.Kennedy School of Government."This lar last names,spelled slightly differently. saw it as an easy way to make money—according mothers used an anonymous sperm donor,the 15- seems like one of those scenarios." Because the youth's mother had obtained the to sperm bank officials and ethicists.There are no year-old boy longed for any shred of information The database involved in the sperm donor case donor's date of birth and birthplace from the reliable estimates of the number of Americans about his biological father.But,uniquely,this re- was set up by Family Tree DNA of Houston,a pri- sperm bank,he paid another online service, who have been born using donated sperm,but it sourcef:d teen-ager decided to try exploiting the vate company that has accumulated more than OmniTrace.com,to buy the name of every person could number in the hundreds of thousands. 'latest in genetic technology and the sleuthing pow- 45,000 DNA samples.For a fee,clients hoping to born there on the same day,Kramer said.One "A fair number will be quite perturbed,'said R. ers of the Internet in his quest. learn more about their heritage can have their man with the same last name appeared on the list, Alto Charo,a University of Wisconsin bioethicist. By submitting a DNA sample to a commercial DNA tested to see if it matches anyone in the data- and within 10 days the youth contacted him,said "They well may be wondering,`Am I next?"' genetic database service designed to help people base. Kramer,who declined to reveal details about the Several experts said the relatively small number draw their family tree,the youth found a crucial "We provide services for genealogists.That's donor's reaction. of people whose DNA is.on file means the ap- clue that quickly enabled him to track down his what we do,"company spokesman Max Blankfeld "I think this kid would love to come out with proach remains a long shot. long-sought parent. said."We really didn't have anything like this in his story,but for the time being those are the wish- "The sperm bank involved in this case disclosed "I was stunned,"said Wendy Kramer,whose mind." es of the donor,"Kramer said. a lot more information than we do,"said William online registry for children trying to find anony- In this case,the teenager scraped some cells off Since word of the case emerged,several other Jaeger of the Genetics and IVF Institute of Fairfax, . mous donors of sperm or egg helped lead the the inside of his cheek last year and sent in the offspring registered on Kramer's site, Va.,one of the nation's largest sperm banks."In teen-ager to his father."This had never been done sample with$296 to see if his Y chromosome, www.DonorSiblingRegistry.com,have clicked the cases where the donor does not want to be identi- before.No one knew,you could get a DNA test and which is passed down from father to son,matched link to the Family Tree DNA site(www.fami- fied,we do everything we can to protect them." find your donor." anyone on file. lytreedna.org)in hopes of locating their biological Nevertheless,Jaeger and officials at several oth- While welcomed by advocates of children try- "At first he just wanted to get a little more in- father,she said. er of the nation's largest sperm banks said the de- t ing to locate anonymous donors,the case--ap- formation about his paternal side,like countries or "Given this case,more people will be putting velopment is disturbing. parently the first of its kind—has raised alarm origin.That kind of thing helps people who want their DNA in the pool so that potential connec- "Protecting the identify of our donors is para- among sperm banks and some medical ethicists. to know:`Where am I from culturally?Where are tions can be made,"Kramer said."Not everyone mount for us,"Jaeger said."It would become a They are concerned it might start a trend that my people from?'Any bit of information is so wel- who puts their DNA in is going to find their bio- problem if it became common.It would really re- could violate the privacy of thousands of sperm comed,"Kramer said. logical father,but now we've seen this as a distinct duce the number of donors available,and I think donors and discourage future ones. The youth has declined to be identified,reveal- possibility.The DNA databases are just going to you would be doing a disservice to people who . The case has also underscored how the growing mg just the outlines of his case through Kramer's grow and grow,and this is going to be more and want to use sperm donors.' number of genetic databases being established by registry to protect the identity of his newfound bi- governments,law enforcement agencies,private ological father.The case was first reported by the companies and research organizations could be British magazine New Scientist. used in unintended ways,potentially invading per- About nine months after submitting his sample sonal privacy and raising a thicket of social,ethical and agreeing to be contacted by other clients,the /f i ' o pm Emerson Culturall Center and legal questions. U.S.yo th heard from two men with Y chromo- [ j ` 11 ! Tway,November Ce "When you create these databases,you're Great- somes at closely matched his,Kramer said. *" ''at the Fatnemes Hors D'oeuvres at 6:go P � man's for Over a Decade! ' 3h-bh$rt i" J,,� m6nfdttal gate ull imbri lity / Dvsit > �at f+ `>r'`al Family Dentistry eshe Hayes • Dr.Joanna Wales k f r ti 11 a Blvd. -Bozeman, MT • 586-0622 � ; gS NOTICE OF A PUBLIC HEARING FOR MODIFICATIONS TO A PUD RELAXATIONS Ho stM by bistro Thermal stogy t.iklfa&,tt,tr Pr"&atatiian to&t*and W EN di&p.ratre sanr additk=1 intormatton boutau*fir'ttta 9etfeisat '6t 9a64 s4 An application has been submitted that would allow the relaxation of standards in the Bozeman Unified Development Ordinance for the following:Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2(Community Business District)east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types;Section 18.42.180.0 to allow Restricted Size Lots(RSLs)to be less than 5,000 square feet for single household detached dwelling;Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C;and Section 18.16.030.0 to allow affordable housing units to exceed the floor area Who Is The Preborn Chi/el ratio and to exceed the maximum square footage of 1,515 square feet on property located north of Baxter Lane and both + east and west of Vaquero Parkway. .r The purpose of the public hearing is to consider Modifications to a PUD application for Baxter Meadows Phase II PUD, i requested by the owner,Baxter Meadows Development,L.P.,P.O.Box 81487,Billings,MT 59108,and representative, CadingRartners,(GregAlleb-aud MichaelXjG4f 11) P Bozeman,MT 59719,pursuant to Chapters ProLife Stand - Praehoiee.Stand 18.3#;�1$!3'li ahU�18�b'o1'tFletBtt2irman Unifie8i3�velopmenT Gfdin'an�e. :•,,,, Said application would allow development of-76 acres into a neo-traditional multi-use development with residential The Preborn child �� Amass of tissue, and commercial uses,on property located north of Baxter Lane and both east and west of Vaquero Parkway.The prop- is an individual, t not an individual, eny is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A,COS f not a human being 2202A,located in the South—of Section 34,TIS,R5E,PMM,City of Bozeman,Gallatin County,Montana.The zoning human being 4� designation for said property is R-3 Residen ' 1 Medium Density District and B-2(Community Business District). 4 g P P Y ( � Y ) ( Y ) f PUBLIC HPARIN BOZEMAIN CITY COMMISSION Monday,December 5,2005 Recognizing the uniqueness of the preborn child, a new human life, we marvel at 7:ooRm.Community Room the wonder of fetal development. Parents share the detailed baby pictures of the Gallatin County Courthouse new 3-D Ultrasonography and the 2-13 Ultrasounds of their 7 week preborn babies. 311 West Main Street Yet ProChoice denies the preborn child's humanity, denies their eight to life and Bozeman,Montana abandons them to the death choice of abortion. The City invites the public to comment in writing and to attend the public hearing.Written comments may be directed to the City of Bozeman Department of Plafining and Community View 4D Ultrasound, Live Action Images of a Preborn Child at li'weeks 25 weeks 27 weeks&33 Development,P.O.Box 1230,Bozeman,MT 59771-1230.Maps and related data regarding ' ' _ this application may be reviewed in the City of Bozeman Department of Planning and Com- weeks. Click on 4D Ultrasound Videos at ' munity Development,Alfred M.Stiff Professional Building,20 East Olive Street,582-2260. www.lifeissues.org. For those who require accommodations for disabilities,please contact Ron Brey,City of ,w, R., B6zetnan ADA Coordinator,582-2306(voice),582-2301 (TDD). G.V. + A Baxter Meadows Phase II Modifications to PUD#Z-03276A. G.Y`, . Right To Life P.O.Box 634,Belgrade,MT i i �I t I BEING A GREAT DAD JUST GOT EASIER. r ��4 I '.q We know there's a little more to being a good parent than the ability to make your kids a, laugh. But we take a little of the pressure off by offering quality, affordable health insurance. With one less thing to worry about, you can 4 q • concentrate on other major parental duties such as - telling knock-knock jokes and bedtime stories. So go ahead and live your life. New West will be there a lowfor you when you need us. Call 1-888-500-3355 or visit www.newwesthealth.com. Y i Kw:.0 HEALTH SERVICES el _ AHealthier Choice/'orMondana• f-11--1- ===q LD vo Doors open at our new TO GO Oak Street store in December. Pill! We are the you've knovvn 0 0 ' El i fie re simF7 ply 11�V1/ St01� . -L U Mv 0 [1 A �A CITY COMMISSION STAFF REPORT #Z-03276A BAXTER MEADOWS PHASE 2 MODIFICATIONS TO PUD Item: Zoning Application #Z-03276A — An application for modification of the Conditional Use Permit with relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan to allow development of—76 acres into a neo-traditional multi-use development with residential and commercial uses. The property, located north of Baxter Lane and both east and west of Vaquero Parkway, is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South'/2 of Section 34,T1S,R5E,PMM,City of Bozeman,Gallatin County, Montana. The property is zoned R-3(Residential Medium Density District)and "B-2" (Community Business District). Owner/Applicant: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Representative: Cadius Partners,P.O. Box 11427, Bozeman, MT 59719. Date/Time: Bozeman City Commission: Monday, December 5, 2005, at 7:00 p.m., Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located north of Baxter Lane and both east and west of Vaquero Parkway. The — 76 acre property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/2 of Section 34, T1 S,R5E,PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District)and"B-2"(Community Business District). Please refer to the vicinity map on the following page. I Subject Property -2 R-3 r �_ z �(T1.i � y LL.l -BAER- XT PLI R-3 N PROPOSAL Application has been made for modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan,an—76 acres to be developed as a neo-traditional multi-use development with residential and commercial use. Proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process a maximum building height of up to 65 feet for all buildings and roof types. In addition, this proposed modification would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots, subject to several relaxations. Baxter Meadows Phase 2 was given conditional approval on February 2, 2004. The applicant has requested the following relaxations: 1.) Section 18.18.060.B (Building Height) to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane up to 65 feet for all buildings and roof types. Planning Staff supports this relaxation subject to the following conditions. • Maximum building height in the B-2 (Community Business District)east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size,height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 2 2.) Section 18.42.180.0 to allow Restricted Size Lots (RSLs)to.be less than 5,000 square feet for single household detached dwelling; Planning Staff supports the idea that smaller lots sizes help to increase affordability, and supports this relaxation subject to the following conditions: • The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. • The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3.) Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C, which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lots sizes more floor area could be constructed in the house for the same cost, and recommends the following conditions: • The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. 4.) Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. The applicant has requested that 30% of these units have a maximum of 1,800 square feet, and the remaining units have a maximum of 1,615 square feet. While Planning Staff could see some justification to exceed the maximum floor area ratio with smaller lots, Planning Staff does not see the justification to exceed the maximum square footage requirement of 1,515 placed on ALL RSLs. Planning Staff does not support this request to exceed the maximum of 1,51 S square feet, and recommends the following condition: • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. ZONING DESIGNATION & LAND USES The subject property is zoned R-3 (Residential Medium Density District)and"B-2,"Community Business District. The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—vacant. "B-2" (Community Business)—vacant. South: "PLI" (Public Lands and Institutions)—Regional Park. "R-3" (Residential Medium Density)—residential (Baxter Meadows Phase 1) and vacant. East: "B-2" (Community Business)—vacant. West: "R-S" (Residential Suburban) -residential (Baxter Meadows Phase 1); and "R-1" (Residential Single-Household, Low Density District)—vacant (Baxter Meadows Phase 3). ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 3 ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as"Residential"and"Community Commercial'in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. Community Commercial.Activities within this land use category are the basic employment and services necessary for a vibrant community.Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the modification of the Conditional Use Permit(CUP) with relaxations for the Baxter Meadows Phase 2 Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance.The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title,the Planning Director, City Commission, DRC,and when appropriate,the ADR Staff,the DRB,the BABAB,the CAHAB or WRB shall consider the following: ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 4 1. Conformance to and consistency with the City's adopted growth policy. The development proposal is in conformance with the"Residential"and"Community Commercial"land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design—Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient,visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. Objective 2. Support the blending of housing types,sizes,and styles to encourage a wide variety of housing within each neighborhood in order to encourage a mingling of social and economic classes. • Goal 5.7.1 Housing—Promote an adequate supply of safe housing that is diverse in type, density, and location,with a special emphasis on maintaining neighborhood character and stability. Objective 2. Provide an adequate supply of affordable housing and land for affordable housing. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Unified Development Ordinance. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions,corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance-with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 5 • , 0 4. Relationship of site plan elements to conditions both on and off the property. Not applicable,with the conditions required in the previous approval of Baxter Meadows Phase 2 PUD,the elements of the PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. Not applicable,the impact of the proposal on the existing and anticipated traffic and parking conditions was addressed with the previous approval of Baxter Meadows Phase 2 PUD. 6. Pedestrian and vehicular ingress, egress and circulation. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 7. Landscaping,including the enhancement of buildings,the appearance of vehicular use,open space and pedestrian areas, and the preservation or replacement of natural vegetation. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 8. Open space. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 9. Building location and height. Maximum building height through a CUP request in the "B-2" zoning district when located within the "Community Commercial" growth policy land use designation: • 49 feet for a roof pitch less than 3:12. • 57 feet for a roof pitch 3:12 or greater. Baxter Meadows Phase 2 Modifications to the Preliminary PUD has requested the ability within this area of the PUD to request a building height up to 65 feet for all roof types through a CUP. This relaxation may be supportable subject to the following conditions. • Maximum building height in the B-2 (Community Business District)east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size,height and mass from three (3) different locations. 10. Setbacks. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 6 11. Lighting. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 12. Provisions for utilities, including efficient public services and facilities. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 13. Site surface drainage and storm water control. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 14. Loading and unloading areas. No applicable. 15. Grading. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20.If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title,whether the lots are either: a.Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 7 Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits" In addition to the review criteria outlined above,the City Commission shall,in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards,spaces,walls and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Unified Development Ordinance. Other than the deviations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase II PUD is an interior phase of a six-phase development. Therefore,it will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has not recommended any additional conditions addressing special landscaped yards and buffers. c. Special fences, solid fences and walls. Planning Staff has not recommended any additional conditions addressing special fences. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 8 i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval,and must undertake development of the project within 2 years of final site plan approval. 1. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 "Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1)Does the development comply with all City design standards,requirements and specifications for the following services:water supply,trails/walks/bike ways,sanitary supply,irrigation companies,fire protection,electricity,flood hazard areas,natural gas,telephone,storm drainage,cable television,and streets? The applicant has not requested a deviation,waiver or relaxation from any of the above listed services,and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 9 r (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation,and placement; transportation networks;selection and placement of landscape materials; and/or use of renewable energy sources; etc.)contribute to the overall reduction of energy use by the project? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (6)Park Land.Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020,BMC? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (7) Performance. All PUDs shall earn at least twenty performance points. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. Residential Development (1)On a net acreage basis,is the average residential density in the project(calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (2)Does the project provide for private outdoor areas (e.g.,private yards, patios and balconies,etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun,ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 10 Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (4)If the project is proposing a residential density bonus as described below,does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development, the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. Commercial Development (1)If the project contains any use intended to provide adult amusement or entertainment,does it meet the requirements for adult businesses? Not applicable. (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? Not applicable. (3) Is the project on at least two acres of land? The subject property is— 76 gross acres. (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 11 pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5) Is it compatible with and does it reflect the unique character of the surrounding area? The Bozeman 2020 plan has designated this area as"Residential"and"Community Commercial"land use designation. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (6)Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Not applicable. (7)Does the project encourage infill,or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan by advancing the intent of the "Residential" and the "Community Commercial" land use designations as previously discussed. (8)Does the project provide for outdoor recreational areas(such as additional landscaped areas,open spaces,trails or picnic areas) for the use and enjoyment of those living in,working in or visiting the development? Not applicable. RECOMMENDED CONDITIONS OF APPROVAL Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board(DRB) and other boards,when appropriate,have reviewed the modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance. Based on the evaluation of said criteria and findings by the Planning Staff, staff finds that the application,with conditions,is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 1. Maximum building height in the B-2(Community Business District)east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit,but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 12 3. The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13,Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing,(excluding area used for a garage)shall not exceed 1,515 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CONCLUSION/RECOMMENDATION The DRC, DRB, and other boards, when appropriate, have reviewed the application #Z-03276A for modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan to allow development of—76 acres and as a result recommends to the City Commission conditional approval of said application with relaxations #1, #2 and #3 and without relaxation #4 with conditions and code provisions outlined in this staff report. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 13 The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final.Site Plan approval. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF THE CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PHASE 2 PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Applicant's Submittal. CAHAB Recommendations. cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. ##Z-03276A Baxter Meadows CUP/PUD Mods Staff Report 14 so . Commission Memorandum co. ° REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, AICP, Planning Director Chris Kukulski, City Manager SUBJECT: Baxter Meadows Phase 2 Modifications to PUD 4Z-03276A MEETING DATE: December 5, 2005 BACKGROUND: This application for Baxter Meadows Phase II Modifications to PUD would allow development of—76 acres into a neo-traditional multi-use development with residential and commercial uses, on property located north of Baxter Lane and both east and west of Vaquero Parkway. This application would allow the relaxation of standards in the Bozeman Unified Development Ordinance for the following: l. Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2 (Community.Business District) east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; 2. Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; 3. Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and 4. Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. Both the Development Review Committee (DRC) and the Design Review Board (DRB) recommend conditional approval of this application. RECOMMENDATION: The City Commission approve the Baxter Meadows Phase II Modifications to PUD #Z-03276A with relaxations #1, 42 and #3, without relaxation #4, and with the 9 conditions outlined in the Staff Report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. 'Res p ctfull submitted, r Andrew Epple, AICP, Pl 'g Director Chris Kukulski, City Manager Attachments: Staff Report. Preliminary Plan Submittal. Report compiled on November 29, 2005. i From: Caren Roberty Sent: Monday,November 21, 2005 12:02 PM To: CAHAB Subject: RE: Baxter Meadows and RSLs CAHAB Recommendations I have gotten a few responses on the Baxter Meadow RSL/RSU questions and thought I would pass on a compromise that allows the developer some sort of break for doing RSL/RSU's on 2400 sq. ft. lots and small homes. 1. Agree with staff that some of the RSL/RSU's could be smaller than 5,000 sq. ft. Allowing for lots smaller than 5,000 sq. ft. is being considered by the UDO Committee as a recommendation to the Commission. 2. 2400 sq. ft. minimum lot size is fine. Again this is another suggestion by our UDO committee! 3. Agree with staff that the 1515 sq. ft. RSU can not be exceeded and the ratio of living space on the lot should also not be exceeded. The CAHAB had already decided to recommend to the Commission a smaller maximum size RSU. Our recommendation was that the maximum RSU could not exceed 1200 square feet for a SFD and 900 sq. ft. for a SFD. This would probably result in smaller lots. Agree with staff that the current maximum size for a RSD can not exceed 1515. Also we need to stick to the ratio so we do not get too large of a house on a small lot. On the final question the CAHAB likes to see small house/small lot. We also realize that the profit margin on smaller homes is generally smaller. We are willing to meet the developer half way. In other words, if they are willing to do 2400 sq. lots and smaller homes how about 7.5% of the net buildable acreage in this part of the sub division? That way we get more houses and they get a break. It would be good if some of these relaxations became standards, not exceptions. Easier on the developer,planner, etc. MEMORANDUM To: Development Review Committee From: Lanette Windemaker, AICP; Contract Planner Date: November 23, 2005 —Final Week Review Subject: Baxter Meadows Phase II Modifications to PUD #Z-03276A PUD Relaxations Modifications: • Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types. • Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling. • Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C. • Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet Planniniz Conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after 1 0 0 verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. . A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. UDO Code Provisions: a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 i • From: Caren Roberty Sent: Monday,November 21, 2005 12:02 PM To: CAHAB Subject: RE: Baxter Meadows and RSLs CAHAB Recommendations I have gotten a few responses on the Baxter Meadow RSL/RSU questions and thought I would pass on a compromise that allows the developer some sort of break for doing RSL/RSU's on 2400 sq. ft. lots and small homes. 1. Agree with staff that some of the RSL/RSU's could be smaller than 5,000 sq. ft. Allowing for lots smaller than 5,000 sq. ft. is being considered by the UDO Committee as a recommendation to the Commission. 2. 2400 sq. ft. minimum lot size is fine. Again this is another suggestion by our UDO committee! 3. Agree with staff that the 1515 sq. ft. RSU can not be exceeded and the ratio of living space on the lot should also not be exceeded. The CAHAB had already decided to recommend to the Commission a smaller maximum size RSU. Our recommendation was that the maximum RSU could not exceed 1200 square feet for a SFD and 900 sq. ft. for a SFD. This would probably result in smaller lots. Agree with staff that the current maximum size for a RSD can not exceed 1515. Also we need to stick to the ratio so we do not get too large of a house on a small lot. On the final question the CAHAB likes to see small house/small lot. We also realize that the profit margin on smaller homes is generally smaller. We are willing to meet the developer half way. In other words, if they are willing to do 2400 sq. lots and smaller homes how about 7.5% of the net buildable acreage in this part of the sub division? That way we get more houses and they get a break. It would be good if some of these relaxations became standards, not exceptions. Easier on the developer, planner, etc. • AGENDA • DEVELOPMENT REVIEW COMMITTEE UPSTAIRS CONFERENCE ROOM, ALFRED STIFF PROFESSIONAL BUILDING, 20 EAST OLIVE STREET WEDNESDAY, NOVEMBER 23,2005 10:00 A.M ITEM 1. CALL TO ORDER ITEM 2. PROJECT REVIEWS ITEM 3. FINAL WEEK REVIEW 1. Baxter Meadows Phase H Mods to PUD#Z-03276A(Windemaker/Murray) 4598 East Baxter Lane * A modification to an approved Planned Unit Development requesting to and the bungalow lots to be counted as Restricted Size Lots. 2. Vida Urbana CUP#Z-05248 (Windemaker/Murray) . Caspian Ave./Galloway St./Vaquero Parkway/Kimberwicke St. * A Conditional Use Permit Application to allow the construction of neo- traditional, mid-rise apartments up to 65 feet in height in a B-2 (Community Business District) zoning. ITEM 4. SECOND WEEK REVIEW 1. Baxter Meadows Phase III MaSub Prel. Plat#P-05065 (Windemaker/Murray) Northeast of the intersection of Baxter Lane and Harper Puckett Road * A Major Subdivision Preliminary Plat Application to allow the subdivision of 83.24 acres into 129 R-1 (Residential Single-Household, Low Density District) lots. 2. Baxter Meadows Phase III PUD Prel. Plan #Z-05266 (Windemaker/Murray) Northeast of the intersection of Baxter Lane and Harper Puckett Road * A Planned Unit Development Preliminary Plan with relaxations_to allow the construction of 129 single-family dwelling units. ITEM 5. INITIAL WEEK REVIEW 1, Pebble Brook MiSub Prel. Plat#P-05066 (Morris/Murray) 3864 Baxter Lane * A Minor Subdivision Preliminary Plat Application to allow the subdivision of 4.77 acres into four lots for R-3 (Residential Medium Density District) development. (OVER) 1 2. Pebble Broo&D Prel. Plan #Z-05266 (Morris/Mulo 3864 Baxter Lane * A Planned Unit Development Preliminary Plan Application to allow an existing 4.77 acre PUD lot to be subdivided into one lot for an existing residence, one lot for satellite equipment, one lot for an existing barn, and one lot for a new 20-unit condominium development. 3. The Children's Place ZMA#Z-05265 (Sanford/Stodola) 1705 West Kagy Boulevard * A Zone Map Amendment Application to allow a change in urban zoning designation from RS (Residential Suburban District) to R-2 (Residential Two-Household, Medium Density District) on .662 acres that contain an existing daycare center. 4. The Bozeman Gateway ZMA#Z-05269 (Skelton/Murray) Southwest of the intersection of Huffine Lane and College Street * A Zone Map Amendment Application to allow a change in urban zoning designation from BP (Business Park District) to B-2 (Community Business District) on 28.4 acres. ITEM 6. PUBLIC COMMENT—(15 —20 minutes) {Limited to any public matter, within the jurisdiction of the Development Review Committee, not on this agenda. Three-minute time limit per speaker.) ITEM 7. ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance,please contact-ADA Coordinator,Ron Brey,at 582-2306(voice)or 582-2301 (TDD). 2 DRAFT Memorandum To: Development Review Committee From: Lanette Windemaker, AICP; Contract Planner Date: November 16, 2005 — Second Week Review Subject: Baxter Meadows Phase II Modifications to PUD # Z-03276A PUD Relaxations Modifications: • Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types. • Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling. • Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C. • Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet Planning Conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different directions. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots. 6. The owner shall executed and submit the following documents prior to final plan approval: 1 0 DRAFT 0 a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. UDO Code Provisions: a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 2 tit r �`ESI;GNREVIEkWB®ARD S'TAFFRE°PO RT`�'�'i M FW t #Z0.3276f1 .>,��3?o�:tix�:�+tis�t�.wE6' z ,�,,RS s.t�ar .�*"ss-a{, � «;i^✓dc r ".y,s� x�,".c�'"�.`�,�aSxk' ,„+� � � 'rQ� wna:�. �gt�'^"a� BA�X�1�ER�;MEADO�WS�P�H�1SEMO;DI�F�ICAT�I®NST�®-A P�.#� ,�P�RREI�. ` �A=R�I' PI�A�N� -H :.r�: r'�•.a 2. s..r�°..�5. �' :w 3.sv. .r.. :a,`w�:�� s.. .,.a,k ��r ram. �,'ss' .fix.i.�:_ .x. r>,ry .��,d Item: Zoning Application #Z-03276A — An application for modification of the Conditional Use Permit with relaxations for the Baxter Meadows Phase .2 Planned Unit Development Preliminary Plan to allow a neo-traditional multi- use development with residential and commercial uses. The property, located ` north of Baxter Lane and both east and west of Vaquero Parkway, is legally described a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South 'h of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, -Montana. The property is zoned "R-3" (Residential Medium Density District) and "B-2" (Community Business District). Owner/Applicant: Baxter Meadows Development,LP, P.O. Box 81487, Billings, MT 59108. Representative: Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. Date/Time: Design Review Board: Wednesday, November 23, 2005, 3:30 p.m., Alfred M. Stiff Professional Building, 20 East Olive Street, Bozeman, Montana Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located north of Baxter Lane and both east and west of Vaquero Parkway. The — 76 acre property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/z of Section 34, TIS,R5E,PMM, City of Bozeman, Gallatin County,Montana. The property zoned"R-3"(Residential Medium Density District)and"B-2"(Community Business District). Please refer to the vicinity map on the following page. ; i I Subject Pro pe rty i- 'RagAT -2 R-3 o� =BAXTER- PLI R-3 I " Al PROPOSAL, Application has been made for modification of the Conditional Use Permit(CUP) with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan,an—76 acres to be developed as a neo-traditional multi-use development with residential and commercial use. Proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process up to a maximum building height of 65 feet for all buildings and roof types. In addition, this proposed modification would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots. Baxter Meadows Phase 2 was given conditional approval on February 2, 2004, and Phase I was given conditional approval prior to that date. The Design Review Board reviewed the Preapplication Plan for these modifications at its June 8, 2005, public meeting. The applicant has requested the following relaxations: 1.) Section 18.18.060.B (Building Height)to allow requests through the CUP process to increase the maximum building height in the B-2(Community Business District)east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types. Planning Staff supports this relaxation subject to the following conditions. • Maximum building height in the B-2 (Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 2 2.) Section 18.42.180.0 to allow Restricted Size Lots(RSLs)to be less than 5,000 square feet for single household detached dwelling; Planning Staff supports the idea that smaller lots sizes help to increase affordability, and supports this relaxation subject to the following conditions: • The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13, Baxter Meadows Subdivision Phase 2C. • The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3.) Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C,which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lots sizes more floor area could be constructed in the house for the same cost, and recommends the following conditions: • The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13, Baxter Meadows Subdivision Phase 2C. • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180,Provision of Affordable Housing,(excluding area used for a garage) shall not exceed 1,515 square.feet. 4.) Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. While Planning Staff could see some justification to exceed the maximum floor area ratio with smaller lots, Planning Staff does not see the justification to exceed the maximum square footage requirement of 1,515 placed on ALL RSLs. Planning Staff does not support this request to exceed the maximum of 1,515, and recommends the following condition: • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180,Provision of Affordable Housing,(excluding area used for a garage) shall not exceed 1,515 square feet. ZONING DESIGNATION & LAND USES The subject property is zoned "R-3" (Residential Medium Density District), and `B-2" (Community Business District). The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—vacant. "B-2" (Community Business)—vacant. South: "PLI" (Public Lands and Institutions)—Regional Park. "R-3" (Residential Medium Density)—residential (Baxter Meadows Phase 1) and vacant. East: "B-2" (Community Business)—vacant. West: "R-S" (Residential Suburban) - residential (Baxter Meadows Phase 1); and "R-1" (Residential Single-Household, Low Density District)—vacant (Baxter Meadows Phase 3). #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 3 U ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as"Residential"and"Community Commercial"in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. Community Commercial.Activities within this land use category are the basic employment and services necessary for a vibrant community.Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. 'PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation,shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water,sewer,electricity,open space and public #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 4 c/ parks; E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial,office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36"Planned Unit Development"is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment,landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient,functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 5 REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Unified Development Ordinance. RECOMMENDED CONDITIONS OF APPROVAL The Baxter Meadows Phase 2 PUD Modification proposal must comply with the intent of planned unit development as stated in UDO Chapter 18.36. Based on the above summary review,the Planning Office recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions: 1. Maximum building height in the B-2(Community Business District)east of Vaquero Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13,Baxter Meadows Subdivision Phase 2C. 4. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 5. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage)shall not exceed 1,515 square feet. CONCLUSION/RECOMMENDATION Staff recommends conditional approval of the Conditional Use Permit for Modification a Planned Unit Development Preliminary Plan application #Z-03276A with relaxations #1, #2 and #3 and without relaxation#4. The applicant must comply with all other provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 6 NOTE: Both the Design Review Board and Development Review Committee will forward a formal recommendation to the City.Commission for consideration and final action on December 5, 2005. Attachments: Applicant's Submittal. cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. Potter Clinton Development, Inc., 3985 Valley Commons Drive, Bozeman, MT 59718. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 7 DESIGN REVIEW BOARD STAFF REPORT #Z-03276A BAXTER MEADOWS PHASE 2 MODIFICATIONS TO A PUD PRELIMINARY PLAN Item: Zoning Application #Z-03276A — An application for modification of the Conditional Use Permit with relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan to allow a neo-traditional multi- use development with residential and commercial uses. The property, located north of Baxter Lane and both east and west of Vaquero Parkway, is legally described a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South % of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned "R-3" (Residential Medium Density District) and "B-2" (Community Business District). Owner/Applicant: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Representative: Cadius Partners,P.O. Box 11427,Bozeman, MT 59719. Date/Time: Design Review Board: Wednesday, November 23, 2005, 3:30 p.m.,Alfred M. Stiff Professional Building,20 East Olive Street,Bozeman,Montana Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located north of Baxter Lane and both east and west of Vaquero Parkway. The — 76 acre property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South ''/2 of Section 34,TIS, R5E,PMM, City of Bozeman, Gallatin County,Montana. The property zoned"R-3"(Residential Medium Density District)and`B-2"(Community Business District). Please refer to the vicinity map on the following page. Subject Property R B-2 Z -BAXTER PLI R-3 N PROPOSAL, Application has been made for modification of the Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Phase 2 Planned Unit Development(PUD)Preliminary Plan,an—76 acres to be developed as a neo-traditional multi-use development with residential and commercial use. Proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process up to a maximum building height of 65 feet for all buildings and roof types. In addition, this proposed modification would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots. Baxter Meadows Phase 2 was given conditional approval on February 2, 2004, and Phase I was given conditional approval prior to that date.The Design Review Board reviewed the Preapplication Plan for these modifications at its June 8, 2005, public meeting. The applicant has requested the following relaxations: 1.) Section 18.18.060.B (Building Height)to allow requests through the CUP process to increase the maximum building height in the B-2(Community Business District)east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types. Planning Staff supports this relaxation subject to the following conditions. • Maximum building height in the B-2 (Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. • Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 2 • 0 2.) Section 18.42.180.0 to allow Restricted Size Lots(RSLs)to be less than 5,000 square feet for single household detached dwelling; Planning Staff supports the idea that smaller lots sizes help to increase affordability, and supports this relaxation subject to the following conditions: • The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13, Baxter Meadows Subdivision Phase 2C. • The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3.) Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C, which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lots sizes more floor area could be constructed in the house for the same cost, and recommends the following conditions: • The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13, Baxter Meadows Subdivision Phase 2C. • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180,Provision of Affordable Housing,(excluding area used for a garage)shall not exceed 1,515 square feet. 4.) Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. While Planning Staff could see some justification to exceed the maximum floor area ratio with smaller lots, Planning Staff does not see the justification to exceed the maximum square footage requirement of 1,51 S placed on ALL RSLs. Planning Staff does not support this request to exceed the maximum of 1,515, and recommends the following condition: • The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180,Provision of Affordable Housing,(excluding area used for a garage)shall not exceed 1,515 square feet. ZONING DESIGNATION & LAND USES The subject property is zoned "R-3" (Residential Medium Density District), and `B-2" (Community Business District). The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—vacant. "B-2" (Community Business)—vacant. South: "PLI" (Public Lands and Institutions)—Regional Park. "R-3" (Residential Medium Density)—residential (Baxter Meadows Phase 1) and vacant. East: "B-2" (Community Business)—vacant. West: "R-S" (Residential Suburban) - residential (Baxter Meadows Phase 1); and "R-1" (Residential Single-Household, Low Density District)—vacant (Baxter Meadows Phase 3). #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 3 • 0 ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as"Residential"and"Community Commercial"in the Bozeman 2020 Community Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. Community Commercial.Activities within this land use category are the basic employment and services necessary for a vibrant community.Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation,shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water,sewer,electricity,open space and public #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 4 • • parks; E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial,office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36"Planned Unit Development"is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment,landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 5 REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Unified Development Ordinance. RECOMMENDED CONDITIONS OF APPROVAL The Baxter Meadows Phase 2 PUD Modification proposal must comply with the intent of planned unit development as stated in UDO Chapter 18.36. Based on the above summary review,the Planning Office recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions: 1. Maximum building height in the B-2(Community Business District)east of Vaquero Parkway and north of Baxter Lane may be increased to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10,Block 12 and Lots 1-4 and 6-25,Block 13,Baxter Meadows Subdivision Phase 2C. 4. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 5. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing,(excluding area used for a garage)shall not exceed 1,515 square feet. CONCLUSION/RECOMMENDATION Staff recommends conditional approval of the Conditional Use Permit for Modification a Planned Unit Development Preliminary Plan application #Z-03276A with relaxations #1, #2 and #3 and without relaxation#4. The applicant must comply with all other provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 6 • 0 NOTE: Both the Design Review Board and Development Review Committee will forward a formal recommendation to the City Commission for consideration and final action on December 5, 2005. Attachments: Applicant's Submittal. cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. Potter Clinton Development, Inc., 3985 Valley Commons Drive, Bozeman, MT 59718. #Z-03276A Baxter Meadows CUP/PUD Mods DRB Staff Report 7 CIT*F BOZEMAN DEPARTMENT OF PLANNING AND CCIMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 . 20 East Olive Street fax 406-582-2263 " P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net NOTICE OF A PUBLIC HEARING FOR MODIFICATIONS TO A PUD RELAXATIONS An application has been submitted that would allow the relaxation of standards in the Bozeman Unified Development Ordinance for the following: Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet on property located north of Baxter Lane and both east and west of Vaquero Parkway. The purpose of the public hearing is to. consider Modifications to. a PUD application for Baxter Meadows Phase II PUD, requested by the owner, Baxter Meadows Development, L.P., P.O. Box 81487, Billings, MT 59108, and representative, Cadius Partners (Greg Allen and Michael McGullam), P.O. Box 11427, Bozeman, MT 59719, pursuant to Chapters 18.34, 18.36 and 18.66 of the Bozeman Unified Development Ordinance. Said application would allow development of—76 acres into a neo-traditional multi-use development with residential and commercial uses, on property located north of Baxter Lane and both east and west of Vaquero Parkway. The property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/2 of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District) and B-2 (Community Business District). PUBLIC HEARING BOZEMAN CITY COMMISSION Monday,December 5,2005 7:00 p.m. Community Room Gallatin County Courthouse 311 West Main Street Bozeman,Montana The City invites the public to comment in writing and to attend the public hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230.'Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination e_ s Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron.Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). Baxter Meadows Phase II Modifications to PUD #Z-03276A. MAP SUBMITTED WEDNESDAY, 11/9/05 FOR ONE DISPLAY AD PUBLICATION: 1) SUNDAY 11/13/05. PLEASE PRINT WITH NORTH ARROW UP, BOLD WHERE INDICATED, AND SEND AFFIDAVIT TO PLANNING & COMMUNITY DEVELOPMENT OFFICE. Page 2 Subject - Property B-2 y. R—3 - ITN WSLL�=; a --BAX7ER a�LT-'-Ll.�.0 __...... I PLI R-3 N CIAF BOZEMAN 0 <e DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net NOTICE OF PUBLIC MEETINGS AND HEARING FOR MODIFICATIONS TO A PUD RELAXATIONS An application has been submitted that would allow the relaxation of standards in the Bozeman Unified Development Ordinance for the following: Section 18.18.060.B to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; Section 18.42.180.0 to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and Section 18.16.030.0 to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet on property located north of Baxter Lane and both east and west of Vaquero Parkway. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public meetings and hearing is to consider Modifications to a PUD application for Baxter Meadows Phase II PUD, requested by the owner, Baxter Meadows Development, L.P., P.O. Box 81487, Billings, MT 59108, and representative, Cadius Partners (Greg Allen and Michael McGullam), P.O. Box 11427, Bozeman, MT 59719, pursuant to Chapters 18.34, 18.36 and 18.66 of the Bozeman Unified Development Ordinance. Said application would allow development of—76 acres into a neo-traditional multi-use development with residential and commercial uses, on property located north of Baxter Lane and both east and west of Vaquero Parkway. The property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South '/2 of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District) and B-2 (Community Business District). PUBLIC MEETING PUBLIC MEETING PUBLIC HEARING DEVELOPMENT REVIEW DESIGN REVIEW BOARD BOZEMAN CITY COMMITTEE(DRC) (DRB) COMMISSION Wednesday,November 23,2005 Wednesday,November 23,2005 Monday, December 5,2005 10:00 a.m. 3:30 p.m. 7:00 p.m. Alfred M. Stiff Professional Alfred M. Stiff Professional Community Room Bldg—Conference Room Bldg—Conference Room Gallatin County Courthouse 20 East Olive 20 East Olive 311 West Main Street Bozeman,Montana Bozeman,Montana Bozeman,Montana r planning • zoning • subdivision review • annexation • historic preservation . housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend public meetings and hearing. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). Baxter Meadows Phase II Modifications to PUD #Z-03276A. Subject Property RCS -2 I+ R_3 ED3 M H BAl(TER " E PLI R-3 Page 2 CI*OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Brian LaMeres, Community Affordable Housing Advisory Board FROM: Tara Hastie, Administrative Assistant --fff RE: Baxter Meadows MaSub Phase H Mods to PUD#Z-03276A DATE: November 4, 2005 ****************************************************************************** Attached you will find the request for modification to an approved Planned Unit Development Application for the proposed Major Subdivision referenced above to allow building height flexibility and the bungalow lots to be counted as Restricted Size Lots. The property is legally described as the S %2 of Section 34, T1S, R5E, and NE '/a of Section 3, T2S, R5E, P.M.M., City of Bozeman, Gallatin County,Montana, and is located at 4598 East Baxter Lane. Please review the attached information and provide comments to this office no later than November 23, 2005. The proposals will be discussed by the Development Review Committee on Wednesdays, November 9, 16, and 23, 2005, at 10:00 a.m. The meetings will be held in the upstairs Conference Room of the Alfred M. Stiff Building, 20 East Olive Street. The Bozeman City Commission will hold its public hearing on the application on Monday, December 5, 2005, at 7:00 p.m. The City Commission hearing will be held at the County Courthouse, 311 West Main Street, in the Community Meeting Room, 3rd Floor. You are welcome and encouraged to attend these meetings. Please return all materials as they are needed for packets for Planning Board and City Commission. If you are unable to respond in writing by the above deadline or if you have questions or concerns regarding the application,we ask that you contact Contract Planner Lanette Windemaker at 586-5266. Thank you for your cooperation. TH/th Attachments planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination CIF BOZEMAN ` DEPTRTMENT OF PLANNING AND AMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260. 20 East Olive Street fax 406-582-2263' P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Subdivider FROM: City of Bozeman, Department of Planning & Community Development RE: List of Affected Public Utilities and Local, State, and Federal Government Agencies DATE: November 4, 2005 Below is a list of affected public. utilities and those agencies of local, state, and federal government. having a substantial interest in subdivisions, proposed within the City of Bozeman, as identified by the City of Bozeman: • Bozeman Director of Public Safety • Belgrade Rural Fire Department • Bozeman Forestry Department • Rae Rural Fire Department • DNRC—State Lands • Sourdough Rural Fire Department • MDOT— Bozeman Office • Bicycle Advisory Board • MDOT— Helena Office • Traffic and Pedestrian Safety Committee • Gallatin County Road Office 0 Recreation and Parks Advisory Board • Gallatin County Sheriff's Department • Gallatin Valley Land Trust • Gallatin County Planning Office Farmers Canal Company • County Environmental.Health Department • Wetlands Review Board • Community Affordable Housing Advisory Board • Vivid Networks - Telecommunications • Other: This memo serves as your written notice that some or all of these public utilities, government agencies or other entities may be contacted, in addition to the. Bozeman Development Review Committee (DRC), for comment on your subdivision preliminary plat application. The public utilities, government agencies.or other entities must submit their comments within 60 days of the subdivision preliminary plat application being deemed complete, or prior to the public hearing before the City Commission, whichever is sooner. Notification of which public utilities, government agencies or .other. entities were actually contacted to review your preliminary plat application will be provided to you once the subdivision preliminary plat application is submitted and deemed complete. By providing this memo, the City meets its.statutory requirement to comply with the following-provision in the Montana Code Annotated: Section 76-3-504(1)(q)(iii) The subdivision regulations adopted under this chapter must, at a minimum, establish a preapplication process that requires a list to be made available to the subdivider of the public utilities, those agencies of local, state,and federal government, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond. planning zoning •-subdivision review annexation historic preservation housing grant administration neighborhood coordination • PROJECT ROUTING LIST ❑ Belgrade Rural Fire Department ❑ Gallatin County Sheriffs Department ❑ Bicycle Advisory Board ❑ Gallatin Valley Land Trust ❑ Bozeman Director of Public Safety ❑ MDOT- Bozeman ❑ Bozeman Forestry Department ❑ MDOT -Helena Community Affordable Housing Advisory Board ❑ Rae Rural Fire Department ❑ County Environmental Health Department ❑ Recreation &Parks Advisory Board ❑ DNRC —State Lands ❑ Sourdough Rural Fire Department ❑ . Farmers Canal Company ❑ Traffic&Pedestrian Safety Committee ❑ Gallatin County Planning Office ❑ Vivid Networks-Telecommunications ❑ Gallatin County Road Office ❑ Other DISTRIBUTION OF PACKETS FOR COMMENTS PRIMARILYFOR ANNEXATIONSAIVD SUBDIVISIONS PACKETS SENT TO: DATE: COMMENTS RECEIVED: DATE: PACKETS RETURNED: AT&T Cable Service Belgrade School District Bicycle Advisory Board Bozeman School District#7 Community Affordable Housing Dept. of Environmental Quality D.N.R.C. - Central Lands Department of State Lands Farmers Canal Company Fish,Wildlife,& Parks Gallatin County Environ. Health Gallatin County Planning Gallatin County Road Supervisor Gallatin County Sheriff-Bill Slaughter Gallatin Valley Land Trust M.D.O.T. - Bozeman M.D.O.T. State - Helena N.R.C.S. Northwestern Energy Pedestrian &Traffic Safety Qwest Recreation & Parks Advisory Rural Fire Districts: Belgrade Rae Sourdough' State Historic Preservation Office Story Mill Fire Department U.S. Postal Service Vivid Networks-Telecommunications Yellowstone Pipeline Company - 66OF BOZEMAN l� bEPARTMENT OF.PLANNING AND COiVAMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 ' P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net September 27, 2005 Baxter Meadows Development, LP P.O. Box 81487 Billings, MT 59108 Re: Baxter Meadows Phase II Mods to PUD #Z4276A Dear Sirs: Your application for Baxter Meadows Phase 11 Modifications to a Planned Unit Development has been received and assigned to Contract Planner Lanette Windemaker. The application has been reviewed in accordance with the submittal checklist and appears to meet the submittal requirements. However, please understand that during the course of review there may be items identified or issues which need to be addressed. Should that occur, Planner Windemaker will contact you. The Development Review Committee (DRC) and the Design Review Board (DRB) will be reviewing your application. The DRC meetings concerning your project will be held on Wednesdays, November 2, 9, and 16, 2005, at 10:00 a.m. Staff recommends that you or your representative(s) attend the second and third DRC meetings to answer any questions that may arise. The DRB meeting concerning your project will be held on Wednesday,November 23, 2005, at 3:30 p.m. All DRC and DRB meetings are held in the upstairs Conference Room at the Alfred M. Stiff Professional Building, 20 East Olive Street. Agendas will be sent to you and your representative(s)prior to these meetings. The City Commission will make the final decision on the project on Monday, December 5, 2005, at 7:00 p.m. This meeting is held in the County Courthouse Community Room, 3rd Floor, 311 West Main Street. Information will be sent to.you and your representative(s)prior to that meeting. If you have any questions regarding the process or your project in general,please contact Planner Windemaker at 586-5266. R spectfully, Q� Tara Hastie Administrative Assistant TH/th cc: Cadius Partners, Greg Allen & Michael McGullam, P.O. Box 11427, Bozeman, MT 59719 planning • zoning • subdivision review . annexation • historic preservation housing grant administration • neighborhood coordination FCity of Bozeman Receipt B Bozeman, Montana- n, 20 Received of �/� 7✓(.�1 /� UIln2L��A/Jlrj , L. f� the sum of 6'ntf_� Aw/or Dollars for By �; 1. :. CITY OF BOZEMAN K, DEPARTMENT OF PLANNING 1�t VE A71Jt�iTYD-ELOPMENT u \ � ' Alfred M. Stiff Professional Building D phone 4i06-582-2260 ;••�� 20 East Olive Street SEP 15 2005 fax 406-582-2263 11 P.O. Box 1230 plannin�g,(a�bozeman.net Bozeman, Montana 59771-1230 DEPARTNIENT OF PLANNING www.bozemon.net AND CONINIUNITY DEVELOPMENT DEVELOPMENT REVIEW APPLICATION 3 C� 1.Name of Project/Development: Baxter Meadows Subdivision P.U.D.,Phase 2 2. Property Owner Information: Name: Baxter Meadows Development,L.P. E-mail Address: becky@baxtermeadows.com Mailing Address: P.O.Box 81487 Billings,MT 59108 Phone: 406.896.4910 FAX: 406.896.4911 3.Applicant Information: Name: Same as above E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: Cadius Partners- Greg Allen/Michael McGullam E-mail Address: greg@cadiuspartners.com Mailing Address: P.O.Box 11427 Bozeman,MT 59719 michael@cadiuspartners.com Phone: 406.556.4407 /406.556.4411 FAX: 406.586.7357 5. Legal Description: S'/z of Section 34,T1S,R5E&NE'/4 of Section 3,72S,R5E,PMM City of Bozeman,Gallatin Co. 6. Street Address: N/A U C�0�% V�: l I 7.Project Description: Neo-Traditional multi-use subdivision with residential and commercial uses. r 8.Zoning Designation(s): R-3&B-2 9. Current Land Use(s): (Zoned/Annexed) -under development 10. Bozeman 2020 Community Plan Designation: Residential / Community Commercial Page 1 Appropriate Review Fee Submitted ❑ , �/ I .� 3 A I 11. Gross Area: Acres: ±76 Square Feet: 12.Net Area: Acres: Square Feet: 13. Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a ❑✓ No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? ❑Q Yes ❑ No 15.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ✓❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑1.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the tenns and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: - Date: Y IA?00 Applicant's Signature: Date: Property Owner's Signature: Date: y/o7Qps Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application-Prepared 11/25/03) PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2• Conceptual (sketch) drawing showing the proposed location of the uses of land, ❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site's proposed land use allocations by location and ❑ ❑ ❑ as a percent of total site area B. ✓❑ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and He flat for reviewing and organized in the following order: 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. Statement of applicable City land use policies and objectives achieved by the ❑✓ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ❑✓ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all ✓❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ❑✓ ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ❑✓ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑✓ ❑ ❑ applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation 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 element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character ❑ ❑ are being avoided or mitigated j. Statement of design methods to reduce energy consumption, (e.g., ❑✓ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) PUD Preliminary Plan Information,continued Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and he flat for reviewing and organized in the following order: k. 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 completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and ✓❑ ❑ ❑ graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ✓❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑✓ ❑ ❑ including materials and techniques used, such as screening, fences,walls and other landscaping C. Attorney's or owner's certification of ownership ✓❑ I ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map 0 ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑✓ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑ ❑✓ ❑ b. Treatment of curbs and gutters,or other storm water control system if other ❑ ❑✓ ❑ than curb and gutter is proposed C. Sidewalk systems ❑ ❑✓ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑✓ ❑ City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑✓ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ ✓❑ feet of the site 6. If the project involves or requires platting,a preliminary subdivision plat, subject to ❑ ❑ ✓❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑✓ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines,and shall address impacts upon surrounding land uses.The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑ ❑ ✓❑ under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner's ❑✓ ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 C. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. 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 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ❑ ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑ ❑ C. Attorney's or owner's certification of ownership ❑ ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ❑ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ❑ ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ❑ ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan Page 5 Items checked"No"or"N/A" (not applicable) explained as narrative & attached to the checklist. 4 a-d.Street cross-section schematics shall be submitted for each general category of street. R: Street schematics provided under separate cover. Please see Baxter Meadows - Phase II Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004). Revisions to the plan for Phases 2C and 2D have been completed by TD&H and have been submitted and approved by the City of Bozeman with a final revision date of 21 March 2005. 5a.Physiographic data-A description of the hydrologic conditions of the site. R:Geotechnical Evaluation was completed by SK Geotechnical and reported Oct.19,2001.This information has been provided to the City of Bozeman Building Department-(Reference Project 005256B) 5b.Physiographic data-Locate and identify the ownership of existing wells. R:All wells located within 400 feet of Phase 2 are owned by the applicant and are for irrigation purposes only. 6.If the project involves or requires platting,a preliminary subdivision plat,subject to the requirements of this title relative to subdivisions,shall be submitted. R: Preliminary plat has already been submitted and conditionally approved on February 2,2004. Final plat for sub-phase 2A was received July of 2004 and final plat for sub-phases 2C&2D was submitted for approval August of 2005. 7.A traffic impact analysis shall be prepared based upon the proposed development. R:A Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia&Associates, dated October 2001,and the updated report,dated October 2003 has been provided under separate cover. 8.If the development's compliance with the community design objectives and criteria is under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development. R:The community design objectives and criteria are not under question. ADJOINERS LIST PHASE 1 NAME ADDRESS LEGAL DESCRIPTION Jeremy L. Lee 1129 GULF SHORES PKWY GULF SHORES, AL 36542-5907 Lot 1, Block 2 Tawney R. Lee 894 ROGERS WAY BOZEMAN, MT 59718-2660 Lot 1, Block 2 Michael & Robin Gurzi 12810 LARRYLYN DR LA MIRADA, CA 90638-2725 Lot 1, Block 2 Bonnie J. Schlafman 3524 GALLATIN GREEN BLVD UNIT 4 BOZEMAN, MT 59718-8892 Lot 1, Block 2 Elwood G. & Gail A. Forsythe 161 E CHICAGO AVE # E-37A CHICAGO, IL 60611-2601 Lot 1, Block 2 Richard F. & Karen G. Ri and 100 VALLEY VIEW DR FACTORYVILLE, PA 18419-9385 Lot 1, Block 2 Vic N. & Catherine M. Cundy 2146 GALLATIN GREEN BLVD UNIT 7 BOZEMAN, MT 59718-8894 Lot 1, Block 2 Todd A. Graetz 2162 GALLATIN GREEN BLVD#8 BOZEMAN, MT 59718-8822 Lot 2, Block 2 Theresa A. Gallen PO BOX 884 BELGRADE, MT 59714-0884 Lot 2, Block 2 Jeffrey & Sarah Olech 2162 GALLATIN GREEN BLVD # 10 BOZEMAN, MT 59718-8822 Lot 2, Block 2 Kevin & Brandi Ellerton 2188 GALLATIN GREEN BLVD # 11 BOZEMAN, MT 59718-8822 Lot 2, Block 2 Randell & Patsy Duff 2188 GALLATIN GREEN BLVD # 12 BOZEMAN, MT 59718-8822 Lot 2, Block 2 Vikie Lee Perkins 2188 GALLATIN GREEN BLVD# 13 BOZEMAN, MT 59718-8822 Lot 2, Block 2 Jarrett Barber/ Kiona Ogle 2188 GALLATIN GREEN BLVD# 14 BOZEMAN, MT 59718-6520 Lot 2, Block 2 JC Properties, LLC P.O. Box 81 Belgrade, MT 59714 Lot 3, Block 2 JC Properties, LLC P.O. Box 81 Belgrade, MT 59714 Lot 4, Block 2 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 5, Block 2 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 6, Block 2 McCormick Development Corp. P.O. Box 10927 Bozeman, MT 59719 Lot 1, Block 4 McCormick Development Corp. P.O. Box 10927 Bozeman, MT 59719 Lot 2, Block 4 McCormick Development Corp. P.O. Box 10927 Bozeman, MT 59719 Lot 3, Block 4 McCormick Development Corp. P.O. Box 10927 Bozeman, MT 59719 Lot 4, Block 4 Jeffrey S. Webb 3992 E uestrian Lane Bozeman, MT 59718 Lot 9, Block 4 McCormick Development Corp. P.O. Box 10927 Bozeman, MT 59719 Lot 10, Block 4 Joseph & Deborah Bridges 3974 E uestrian Lane Bozeman, MT 59718 Lot 11, Block 4 Lynn Meyers 3968 E uestrian Lane Bozeman, MT 59718 Lot 12, Block 4 Corrine V. Lackey P.O. BOX 445 LIVINGSTON, MT 59047 Lot 16, Block 4 Corrine V. Lackey P.O. BOX 445 LIVINGSTON, MT 59047 Lot 17, Block 4 Paul R. & Teri A. Drake 12400 GREYSON CT HELENA, MT 59601 Lot 18, Block 4 ADJOINERS LIST David Granger 3926 E uestrian Lane Bozeman, MT 59718 Lot 19, Block 4 Paul V. Bertelli 3908 E uestrian Lane Bozeman, MT 59718 Lot 20, Block 4 Earl Rodney &Valerie Britt-Kalberg 3876 E uestrian Lane Bozeman, MT 59718 Lot 26, Block 4 Zane & LeAnne Yenny 3880 E uestrian Lane Bozeman, MT 59718 Lot 27, Block 4 Seth Millington 3886 E uestrian Lane Bozeman, MT 59718 Lot 28, Block 4 Gary & Carol Lister 382 Peace Pipe Drive Bozeman, MT 59715 Lot 29, Block 4 Karen E. Flowers 2297 Gallatin Green Blvd Bozeman, MT 59718 Lot 33, Block 4 Greg & Jennifer Perry 124 Hitching Post Road Bozeman, MT 59715-8027 Lot 34, Block 4 Ben Selznick 2275 Gallatin Green Blvd Bozeman, MT 59718 Lot 35, Block 4 John R. Carter 2259 Gallatin Green Blvd Bozeman, MT 59718 Lot 36, Block 4 Sharon R. Gordon 2283 LASSO LANE BOZEMAN, MT 59718 Lot 10, Block 5 Douglas & Robin Westlake 2257 LASSO LANE BOZEMAN, MT 59718 Lot 11, Block 5 Don & Diana Henson 7 TETON AVE BOZEMAN, MT 59718 Lot 12, Block 5 Don & Diana Henson 7 TETON AVE BOZEMAN, MT 59718 Lot 13, Block 5 Daryl &Anne DeFrance 4610 Alexander Bozeman, MT 59715 Lot 1, Block 6 Daryl &Anne DeFrance 4610 Alexander Bozeman, MT 59715 Lot 2, Block 6 Werner E. & Leslie Anne E loff Trust 4459 WHITE EAGLE ST BOZEMAN, MT 59715 Lot 5, Block 6 Werner E. & Leslie Anne E loff Trust 4459 WHITE EAGLE ST BOZEMAN, MT 59715 Lot 6, Block 6 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 1, Block 8 Ronald & Linda Olson PO BOX 3023 BOZEMAN, MT 59772 Lot 2, Block 8 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 4, Block 8 William Flanna an & Heather Bienvenue 12 E. GARFIELD B4 BOZEMAN, MT 59715 Lot 5, Block 8 Dr. Dorothy Dobbs P.O. Box 10634 Bozeman, MT 59719 Lot 6, Block 8 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 9, Block 8 Baxter Meadows Development LP P.O. Box 81487 Billings, MT 59108 Lot 10, Block 8 Fraser Inc 103 ALTON WAY BOZEMAN, MT 59718 Lot 11, Block 8 Heirloom Homes, Inc 133 CANDELIGHT DRIVE BOZEMAN, MT 59718 Lot 12, Block 8 St 15 2005 EPAFIT,'F% CF?� CEVELCPMEMEPfi S w• BAXTER MEADOWS PUD MODIFICATION PHASE 2 1 2 SEPTEMBER 2005 SUBMITTED BY ❑� GADIU .S - -, PAR-rN E RS • D • 1 �I i • • • • INDEX • • • • TAB ITEM • Introduction / Narrative Responses • 01 Phase 2 - Conditions of Approval • • 02 PUD - Phasing and Zoning • 03 PUD - Concept Master Plan • • 04 Table of lots available to be counted as RSL • 05 02 February 2004 -Excerpt from commission minutes -Approval • • 06 23 May 2005 -Excerpt from commission minutes -Informal • • 07 Phase 2 PUD Preliminary Plan - Staff Report • 08 Viewshed -Visual Impact (examples) • • • • • • • • • • • • • • • • • • • Baxter Meadows PUD Modification September 12, 2005 Applicant/ Owner: Baxter Meadows Development (Jerry Williams), P.O. Box 81487, • Billings, MT 59108 Representative: Cadius Partners, Limited (Michael McGullam / Greg Allen), P.O. Box 11427, Bozeman, MT 59719 INTRODUCTION • On February 02, 2004 Baxter Meadows Phase Il PUD Major Subdivision Preliminary • Plat and PUD Preliminary Plan received conditional approval by the Bozeman City Commission. Subsequently, Planning Staff (Lanette Windemaker), provided the Conditions of Approval outlining the approved deviations acceptable for Phase 2 — See Tab 1 - Conditions. To recap, Baxter Meadows Phase 2 is a combination of "R-3" (Residential Medium Density District) and "B-2" (Community Business District) — See Tab 2 — Phasing & Zoning. The deviations approved for this neo-traditional neighborhood provide a variety • of dwelling types in close proximity to one another, their relationship to essential • commercial services, area parks, and ultimately the neighborhood fabric offered by the developers Concept Master Plan—See Tab 3. The following is a request for changes to the approved deviations for the Phase 2 PUD, • which will further define how Baxter Meadows Development will ultimately build out. As additional phases and sub-phases are brought forward, there are adjustments that need to be made to make everything fit together into a cohesive neighborhood. The applicant is requesting two modifications; 1) to increase the maximum building height in the B-2 • community commercial area east of Vaquero Blvd to 65 feet for all building and roof • types; and 2) allow the medium density bungalow lots north of Equestrian Lane in the R- 3 residential area to count toward the overall subdivision RSL requirement. See table of lots available to be counted as RSL— Tab 4. • Requested Modifications • Section 18.18.060 (Building Height)—Planning Condition#2 (Pg. 11 of 14) • Restricted Size Lots (RSL)—Allow smaller bungalow lots to count toward RSL rgmt 1. Section 18.42.180—Item C. —lot size w 2. Section 18.16.030—Item C. —floor area LAND-USE OBJECTIVES • B-2 Building Height — The main objective is to allow building height flexibility on a • site-by-site basis for the review of projects based on their own individual merit. Projects requesting building heights in excess of the UDO maximum building height, but no greater than 65 feet, would be required to undergo the CUP process as outlined in 18.16.060. • It is important to note that the Commission and staff are apparently receptive to reviewing additional height through the CUP process as reflected in the minutes from the approval meeting 02 February 2004 — See Tab 5 - excerpt from minutes; and from feedback from ongoing meetings with staff and the informal conducted with the • Commission on 23 May 2005 regarding the Vida Urbana Condominium project proposed at Baxter Meadows—See Tab 6- excerpt from minutes. Restricted Size Lots — The main objective would be to have the availability of the • smaller bungalow size lots to count toward the RSL requirement for the overall development. Baxter Meadows, as stated, is made up of a mixture of housing types and densities. J • OPEN SPACE & OWNERSHIP Open Space in Baxter Meadows is dedicated to the City and maintained by the Master Association governing Baxter Meadows. Lots located in Baxter Meadows are, and will • be, available for individual purchase and development. EMPLOYEES • B-2 Building Height — Current height deviation is associated with residential dwelling • units—Vida Urbana. The condo association will most likely be handled by a management company and maintenance of the property will either be handled contractually or eventually in collaboration with Baxter Meadows maintenance staff by contract. • Future commercial site plan review in the B-2 zoning will have to address the employee • issues on a case-by-case basis. Restricted Size Lots — There are no employee considerations as the requested deviation is associated with residential. DESCRIPTION OF RATIONALE B-2 Building Height— This change is in one of the areas zoned B-2 and designated as a . Community Commercial area. There are only three of these areas included in the • Bozeman 2020 Plan. The Baxter Meadows Concept Master Plan is following a neo- traditional neighborhood design. This new urbanist design promotes the creation of diverse, walkable, compact, vibrant, mixed-use communities composed of the same components as conventional developments, but assembled in a more integrated fashion, • in the form of complete communities. They contain housing, work places, shops, entertainment, schools, parks, and civic facilities essential to the daily lives of the residents, all within easy walking distance of each other. • Baxter Meadows, through a conscious balance of commercial & residential and parking • sensitive density, strives to prudently maximize the highest and best use of the land. By way of a site-by-site conditional use review, allowing the deviation from the UDO prescribed height standard to 65 feet,this can be accomplished. • Restricted Size Lots — Baxter Meadows PUD was originally conceptualized prior to the UDO's RSL requirement. However, with Baxter's diverse mix of housing types the intent and essence of the Bozeman 2020 plan and the UDO RSL requirement are met. • The applicant has already received approval for deviations from the normal lot size and . coverage requirements outlined in the UDO. This allowed a decrease in the minimum lot width/size while providing an increase in the total lot coverage. Approval of this deviation will allow the intent of the RSL provision for affordability to be met with the • smaller size lots. Approval will make the lots available to be counted as RSL as long and • they do not exceed a maximum floor area of 1,515 SF; as part of 18.16.030. Counting the smaller bungalow lots will allow the Baxter Meadows PUD to meet its intended mixture of housing types while meeting the minimum 10 percent of buildable net acreage RSL provision. LAND USE CLASSIFICATION The design objectives of this PUD are in compliance with the designated growth policy • and zoning district—See Tab 7-Staff Report—page 3. B-2 Building Height — Potential design conflicts can be mitigated on a site-by-site review of proposed commercial and/or mixed-use development projects within the B-2 area. Phase 2 is also an interior phase of the multi-phase development. Therefore, it will • generally have no material adverse effect upon the abutting property. Restricted Size Lots—There are no conflicts to be mitigated. • ENERGY CONSUMPTION The requested deviations go to the heart of the new urbanist design. By providing a mixture of residential and commercial on a walking scale you reduce the need for vehicular travel between home, work and essential needs. Overall this contributes the to reduction of energy use. • DEVELOPMENT SCHEDULE (NOTE: Please reference Revised Sub-Phasing Plan (Tab 2), that was submitted with Final Plat application for Phase 2A - 14 June 2004. Conditions of Approval • were originally written based on Phases IIa, IIb & IIc when submitted with Preliminary Plat for all of Phase H. For ease & reference when referring to the Conditions of Approval the following • Table is provided: Original Sub-Phasing Revised Sub-Phasing IIa. — Blocks 16, 18, 20 and Tracts 1A 2A—Blocks 16, 18 and 20 • & 1B • IIb.—Blocks 9, 10, 11, 12, 13 and 14 211—Blocks 15 IIc.—Blocks 15, 17, 19,21 2C—Blocks 12, 13 and 14 2D—Blocks 9, 10 and 11 2E—Blocks 17 . 2F—Blocks 19 and 21 • 2G—Tracts 1A& 1B B-2 Building Height — The only project currently affected by the requested height deviation is Sub-Phase 213; the Vida Urbana condominium project. This project is being • submitted concurrent with this PUD modification request. Assuming approval the Vida Urbana project will proceed and is working to begin construction in Spring 2006. There are no other projects currently proposed in Phase 2 affected by this request. • Restricted Size Lots — Baxter Meadows has requested concurrent construction for Sub- Phases 2C & 2D. At the time of this application, plans are currently being reviewed for construction of some of the lots outlined in the table shown under Tab 4. VIEWSHEDS B-2 Building Height — Referring to the Phasing Plan in Tab 2, Phase 2 is an interior phase of the overall Baxter Meadows subdivision. Tab 8 depicts what the visual impact would be of a Building height at 70 feet. View #2 is taken from the Regional Park • looking north toward the Bridgers and View #3 is taken from behind the Vet Clinic looking east. Again note this request is for a deviation allowing up to 65 feet for all building and roof types in the community commercial area. • Restricted Size Lots—No Impact • r r � 0 • • • • • s • • • s s . s CI9F BOZEMAN q.' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net • Bozeman, Montana 59771-1230 vwwv.bozeman.net February 5, 2004 Baxter Meadows Development Attn: Jerry Williams P.O. Box 11060 • Bozeman, MT 59719 Re: Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat#P-03042 and PUD Preliminary Plan #Z-03276 Dear Jerry: At its February 2, 2004 public hearing, the Bozeman City Commission voted unanimously, 5-0, to • conditionally approve Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat and PUD Preliminary Plan. Regarding Baxter Meadows Phase II PUD, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: • Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat#P-03042 • Planning Subdivision Specific Conditions-Phase IIA (Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC (Blocks 15, 17, 19 and 21): 0 1. If concurrent construction is approved for Phase IIA and IIC, a concurrent construction plan, for an approved final lot-specific plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits • until all infrastructure improvements are compete and accepted by the City of Bozeman. No • occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. 2. Applicant shall provide parking for Blocks 16, 18 and 20 of Phase IIA based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant shall provide parking for Blocks 17,19 and 21 of Phase IIC at a ratio supported by a parking demand study on Blocks 16, 18 and 20 of Phase IIA but shall not be less than the requirement based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. • Applicant may use a combination of the following options. • net buildingarea rea(gross lot area minus 20%) x 2 (floors) x 1.72 1,000 • • planning , zoning • subdivision review , annexation , historic preservation , housing , grant administration , neighborhood coordination 0 Option 1. Applicants all construct surface parking. Const Zion shall include but not be limited to continuous concrete curbs asphalt, striping, drive approach, landscaping, and • irrigation. Pursuant to Condition# 44, surface parking shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 2. Applicant shall construct a parking garage. Pursuant to Condition # 44, parking garage shall be constructed within 1 year of final plat approval and prior to occupancy of • any structure. Option 3. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing the surface parking, applicant shall restrict on the plat all lots • required to meet the surface parking needs, and applicant may reserve air space for other uses. Pursuant to Condition# 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Option 4. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the • cost of constructing a parking structure, applicant shall restrict on the plat all lots required to meet the parking structure needs, and applicant may reserve air space above the height of the parking structure for other uses. Pursuant to Condition # 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. • Nothing herein precludes the applicant from utilizing areas set aside for parking facilities (surface or garage) for other purposes provided these conditions are not violated and applicant submits to site plan review. Applicant shall covenant all lots required to meet the parking needs granting parking access to all purchasers of property in Blocks 16 thru 21 and the POA. Applicant shall make the POA responsible for liability insurance,taxes, use and maintenance of all parking facilities. 3. Applicant shall fulfill Condition # 2, for option 1 or 2, prior to occupancy of any structure, and if the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. If the applicant selects either option 3 or 4, it shall be fulfilled prior to filing the Final Plat. 4. One-foot wide "no access" strips shall be placed along both sides of Baxter Lane to preclude direct lot access onto Baxter Lane. 5. The mid-block utility/access easements shall be a minimum of 15' wide and shall include a pedestrian walkway. 6. A minimum 50' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. On-site stormwater treatment facilities may be • located within the Zone 2 portion of the watercourse setback. 7. Baxter Parkway shall be designed with parallel parking on both sides of the street. 8. Phase IIC may not receive final plat approval prior to final plat approval of Phase 11 A. Page 2 Planning Subdivision Sy dWonditions-Phase IIB Blocks 9, 10, i, 12, 13 and 14): 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are • compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. 10. A minimum 35' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the • final plat, and shall include all adjacent wetlands. Planning Subdivision Specific Conditions-All Phases: 11. Plans and specifications shall include detailed parking plans. These parking plans shall included full • details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. Provide sufficient design detail for the parking garage, including parking stall width and depth, driveway width, number of spaces, and ramp location to assure structure will fit on • designated lot. In addition, provide a study from a professional engineer of licensed architect • estimating the cost per space for the completion of the structure. The estimate should be based on recently constructed parking structures of similar size and characteristics. 12. Documentation of satisfaction of park dedication requirements in accordance with Section 16.14.100 • of the Bozeman Subdivision Regulations shall be provided. For residential units, 0.03 acres per dwelling unit shall be dedicated for parkland. For non-residential (unless restricted to non- residential uses by deed) and multi-family, 11% of the total square feet of lot area shall be dedicated for parkland. 0 13. Applicant shall submit a formal development plan for the design of the dedicated parkland(s) for review and approval by the Bozeman Recreation and Parks Advisory Board, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. The applicant shall obtain written • approval from the Bozeman Recreation and Parks Advisory Board regarding the final design prior to submittal of the formal development plan for review and approval by the City Commission. 14. Applicant shall submit a formal development plan for the design of the dedicated parkland(s), for • review and approval by the City Commission, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and 0 discussed with the plan. Approval of the City Commission shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. • 15. Applicant shall submit a formal development plan for the design of all parkland(s), open space,watercourse setback, boulevards, pedestrian walks/pathways and center area for review and approval by the Superintendent of Facilities and Lands, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and • discussed with the plan. Approval of the Superintendent of Facilities and Lands shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. Page 3 16. Upon approval of the forma development plan by all 3 parties speQed in the Conditions # 13, 14 and 15, the Applicant shall develop a Park Master Plan for all parkland and open space. The Master • Plan will include a narrative that addresses the following topics: History of the Property; Description of the Existing Conditions; Needs Analysis of the Park; Proposed Present and Future Park Uses and Activities; Description of the Level of Service Designated for the Park, including mowing, fertilization, weed control, irrigation, snow removal, trash collection, and landscaping • maintenance. The developed Master Plan will be submitted to the Superintendent of Facilities and Land for review and approval by city staff, the Recreation and Parks Advisory Board, and the City Commission. 17. Applicant shall be responsible for installation of all parkland(s), open space, watercourse setback • • boulevards/medians, pedestrian walks/pathways and center area related improvements. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. 18. Applicant shall be responsible for installation of pedestrian/equestrian trail(s) connecting to the pedestrian/equestrian trail(s) to the south and extending to the north end of the linear park. The specific trail(s) design(s) will be determined during the formal development plan approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail will be constructed to the • Class I1 design standards. Construction of the improvements will be to the City standards and must • be completed with City oversight, including a preconstruction meeting. 19. Applicant shall be responsible for installing landscaping and an irrigation system in the public right- of-way boulevard strips and medians along all external subdivision streets and adjacent to • parkland(s), open space, watercourse setback, pedestrian walks/pathway and center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. 20. All landscaped common areas shall have an underground irrigation system installed in compliance • with City standards and specifications. The applicant shall provide irrigation system as-builts in • accordance with Section 16.08.090. 21. Maintenance of common areas and facilities such as parkland(s), open space, rights-of-way, parking facilities, pedestrian walks/pathways and center area, etc. shall be provided by the developer and/or • homeowners' association in accordance with Section 16.14.130. 22. The Final Plat shall contain the following language that is readily visible with lettering on the plat at a minimum width of 3/16 inch in height, placing future landowners of individual lots on notice of the • presence of high groundwater in the area of the subdivision: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of • the curb or crown of the street from which it is served." 23. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may • address those lots within the proposed phase. 24. Subdivision lighting shall be incorporated into the subdivision by one of the following: a) the subdivider shall install street and pathway lighting throughout the subdivision pursuant to Section • Page 4 16.14.230 of the BozemAubdivision Regulations. Lighting shal a maintained by means of the • Property Owners' Association through Protective Covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILD) for the provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting • plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Department. • 25. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed • Control District and the subdivider for the control of county declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. 26. A declaration of covenants for this subdivision must be included and recorded with the Final Plat • that specifically includes the provisions from Section 16.34.030. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. • 27. Prior to final plat approval, a property owners' association shall be established for maintenance of • subdivision streets, common open space, centers, parking facilities, pathways and trails, boulevards and medians, alleys, storm water facilities and/or parks pursuant to Section 16.34.020. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. 28. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of commonly owned open spaces, recreational areas, facilities, private streets and alleys, and parking facilities. The same shall be submitted to the • city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. • 29. The landowner agrees to provide the City with a payback of$15,000 per the payback schedule dated • May 10, 2001, for the North 19th Avenue/Baxter Lane signalization. Of this total payback, the landowner agrees to pay $ 0.00215216 per square feet of gross area platted to the City prior to final plat approval for each phase of the development. • 30. Executed waivers of right to protest creation of special improvement districts (SIDS) acknowledging that the City will not assume dedication and/or maintenance of the local private streets that vary from City standards unless the street(s) are brought up to City standards, or the property owners agree to an assessment to fund improvements required to bring the street(s) up to City standards. The waiver shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat • approval. A copy of the filed documents shall be submitted with the final plat. 31. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior • to final plat approval. A copy of the filed documents shall be submitted with the final plat. 32. Executed waivers of right to protest creation of special improvement districts (SIDs) for the following future improvements: Baxter Lane and North 19th Avenue signal improvements, Baxter • Lane and Baxter Parkway signal improvements, and North 19th Avenue improvements shall be filed Page 5 and of record with the GalPatin County Clerk and Recorder prior to. al plat approval. A copy of • the filed documents shall be submitted with the final plat. • 33. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the • Director of Public Service based on the proposed final plat(s). 34. Property restrictions shall be placed on all original tract(s) of record of this property that are or through this subdivision will become remainder tract(s) of less than 160 acres. The property • restrictions shall be filed and of record with the Gallatin County Clerk and Recorder prior to final • plat approval. A copy of the filed documents shall be submitted with the final plat. The tract(s) shall be legally described and the following statement shall be placed on the tract(s): "Ownership of this tract of land is restricted by covenant running with the land, revocable only by mutual consent of the City of Bozeman and the property owner, that the divided land will be • used exclusively for farming purposes. No building or structure requiring water or sewer facilities shall be utilized on the tract. A change in use of the land for anything other than agricultural purposes subjects the division to the Bozeman Municipal Code and the Montana Subdivision and Platting Act." • 35. Prior to Final Plat approval, written verification that utilities can be installed in the proposed utility easements shall be obtained from all local utility agencies. 36. Prior to Final Plat approval, a Final PUD Plan, complying with the requirements of Chapter 18.36 of • the Bozeman Unified Development Ordinance, shall be submitted for review and approval. 37. The Certificate of Dedication shall be shown on the final plat and shall include the following statement(s): • "The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the City • accepts no responsibility for maintaining the same. The owner(s) agree(s) that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public which the City accepts responsibility for • maintaining include (list specific lands). "The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet or cable • television service to the public, the right to the joint use of an easement for the construction, • maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as `Utility Easement' to have and to hold forever." 38. The Certificate of Completion of Improvements shall be amended to list all improvements not • completed. 39. The Certificate of Exclusion from Montana Department of Environmental Quality Review shall be shown on the final plat and the Release of Sanitary Restrictions removed from the final plat. • Page 6 40. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. • 41. No sub-phases of Phase IIA, lIB and IIC shall be permitted except the applicant may submitted a Phase III) consisting of Tracts 1A and 1B subject to all applicable conditions of final plat approval. Planning Code Provisions: 0 42. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the 0 Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were • received, a platting certificate, and all required and corrected certificates. The Final Plat application • shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. • 43. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, • as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. • 44. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the • developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 45. The applicant shall submit with the application for Final Plat review and approval, a written • narrative stating how each of the conditions of preliminary plat approval has been satisfactorily . addressed. 10 Engineering Subdivision Specific Conditions: • 46. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. 0 The master plan must depict the maximum sized retention basin location, show location of and 0 provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to • be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff Page 7 generated by the subdivision (e.g., general lot runoff, public 014rivate streets, common open space,parks, etc.) shall not be located on easements within privately owned 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 and/or phase. • 47. A street and traffic control signage plan for the subdivision shall be prepared and implemented upon review and approval by the City Engineer. • 48. Any improvement placed in the public right of way shall be approved by the City Engineering Office. 49. Pursuant to Section 16.16.0l.A. of the Bozeman Municipal Code, Baxter Parkway, including sewer, • water, and other necessary infrastructure, shall be constructed adjacent to the west property boundary of Tract 1, and shall extend approximately 1700 feet to the south and east to the boundary of Phase 5. Baxter Parkway shall be constructed to a standard roadway section as approved by the City Engineering Office. The applicant is advised that further development of Tract 1 will likely • require a secondary access be provided. 50. The location of existing water and sewer mains shall be properly depicted, and proposed main extensions shall be noted as proposed on the infrastructure plans and specifications. 51. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 52. As part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the • Baxter-Border Ditch, and the limits of flooding identified. If flooding limits encroach onto proposed • lots, this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. 53. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to Phase 2, • which extends from the west boundary of Phase I improvements through the intersection of Caspian Avenue. The entire length shall be constructed with Phase 2A. 54. All street names are subject to approval by the City Engineer. • 55. The applicant shall provide easements, in a form acceptable to the city, for all on and off site sewer and water improvements. All water and sewer main easements shall be a minimum of 30 feet wide. 56. Easements shall be provided for all offsite drainage facilities. • 57. Utility easements shall be granted on the final plat in accordance with the requirements of Section 16.14.060 of the City Subdivision Regulations. 58. City standard sidewalks shall be constructed on all public and private street frontages prior to occupancy of any structure as per the terms and conditions of Section 16.14.050 of the Bozeman Municipal Code. Page 8 59. For Phases 2A and 2C, sowalks shall be installed to provide pe estrian access to parking needed • by any particular structure prior to occupancy of said structure. This condition does not replace the 0 need to meet 16.14.050 of the Bozeman Municipal Code. 60. 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, MPDES etc.) shall be obtained prior to construction of the associated improvements. • 61. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, • private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. • 62. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction • certification, and preparation of mylar record drawings. Construction shall not be initiated on the • public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. • No building permits shall be issued prior to substantial completion and City acceptance of the • required infrastructure improvements unless approved for concurrent construction. 63. All proposed manholes need to be accessible to the city's large flusher truck. The applicant shall submit an all weather access plan with the project infrastructure plans subject to approval by the City • Water/Sewer Superintendent. 64. The Property Owners' Association shall be responsible for the maintenance of all storm water facilities constructed for the project. • 65. The applicant shall obtain permission from the appropriate ditch companies to discharge storm runoff into the ditches and for any relocation(s). 66. All ditch easements and setbacks shall be shown on the final plat. 67.No on-street parking shall be permitted within 20 feet of a crosswalk at any intersection. 68. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows • Development by Robert Peccia & Associates, dated October 2001, and the updated report, dated • October 2003 shall be implemented with Phase 2 unless the improvements are specifically identified to be completed with a later phase. A portion of the report requires updating as noted in Conditions S # 70 and# 71, each updated section and subsequent recommendations shall be subject to approval of the City Engineer and the approved recommendations shall be implemented with phase 2. 0 69. The updated Traffic Impact Study prepared by Robert Peccia and Associates identified the need for a traffic signal at the intersection of Baxter Parkway and Baxter Lane upon the completion of Phase 6 0 of the development. In addition, the report recommended the installation of left turn bays on each • approach of the intersection in order for the signal to function properly. Sufficient pavement width Page 9 shall be included in the design and construction of this intersectio ,, 'along with the installation of underground conduits for the signal wiring and necessary right-of-way dedication with the Phase 2 • final plat. 70. The Traffic Impact Study recommended a dedicated left turn lane at the intersection of Charolais Avenue and Baxter Lane, along with a roundabout at the intersection of Baxter Lane and Caspian • Avenue. As the current submittal does not include these recommended improvements, the applicant's traffic engineer shall address these issues in an update to the original traffic study. Any modification to the original study shall be approved by the City Engineer 71. The Traffic Impact Study recommended that a grade separated pedestrian/bicycle crossing under • Baxter Lane near Baxter Parkway be implemented as part of the Baxter Meadows project. Either design and install the crossing with Phase 2 of the project, including the dedication of necessary right of way, or provide an update to the traffic impact study with justification and details on how the crossing can be installed safely as an at grade crossing. Any modification to the original study • shall be approved by the City Engineer. 72. The north access to Block 15, the apartment site, shall line up directly across from the proposed alley in Phase 4. . 73. All easements identified in the title report shall be depicted on the final plat. 74. The Certificate of Surveyor on the final plat shall be in conformance with Section 16.32.050 of the Bozeman Municipal Code, Subdivisions. • 75. A breakdown of areas shall be provided for each phase on the final plat. 76. The final plat shall clearly state which streets are privately maintained. • 77. Pursuant to the recommendations of the Traffic Impact Study, prepared by Robert Peccia and Associates, any damage of Baxter Lane from the intersection with North 19`h Avenue to the entrance of the project, caused by project construction activities, shall be repaired by the applicant. The • applicant shall agree to repair any damage within one week of notification by the City that repairs • are required. The applicant shall maintain the existing bond of$10,000 which was submitted with Phase 1 of the project. r 78. The City will only accept public maintenance of the streets in Phase 2B that are located to the west • of the east side of the intersection of Gallatin Green Boulevard and Equestrian Way. 79. City standard sidewalks shall be installed on the west side of Baxter Parkway. 80. If concurrent construction is utilized for Phase 2A and 2C, all alleys shall be paved within 2 years • after final platting, or 4 years after preliminary plat approval, whichever occurs first. The alley shall be required to be paved once foundations and utilities are in place for all adjacent lots, which will be conditioned during the site plan approval process. 81. If concurrent construction is utilized for Phase 2B, all infrastructure, shall be installed and accepted by the City prior to occupancy of any structure, with the exception of alleys which may utilize a gravel standard as approved by the City Engineer until such time as all adjacent foundations are Page 10 installed. All alleys shall`6e paved within 2 years after final planing, or 4 years after preliminary • plat approval, whichever occurs first. 82. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall • agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The • agreement shall be filed with the final plat and shall apply to all heirs, successors and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 83. As stated in the subdivision preliminary plat submittal, all alleys will be paved to a minimum of 20 • feet. Snow removal responsibilities in all alleys shall be private. Other maintenance needs in the alleys shall be the responsibility of the City. • Baxter Meadows Phase II PUD Preliminary Plan#Z-03276 Planning Specific Conditions-Phase IIA Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC Blocks 15, 17, 19 and 21: • 1. If concurrent construction is approved for Phase IIA and Phase IIC, a concurrent construction plan, for an approved final site-specific plan, that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete • and all other conditions have been met. 2. Maximum building height in the B-2 (Community Business District) shall be 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12 or greater in accordance with Section 18.18.060 • of the Bozeman Unified Development Ordinance. This restriction will not preclude applicant from • applying for and receiving CUP for extra height as allowed in B-2 district. This requirement shall be specified in the Development Guidelines. 3. The non-residential parking requirement for site-specific plan(s) shall be based on Section • 18.46.040.13 of the Bozeman Unified Development Code. A 10% adjustment will be given in addition to the standard Community Commercial adjustment. The additional 10% adjustment will not be given to a structure with a maximum building height of greater than 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12. The residential parking requirement for site-specific plan(s) shall be based on Section I8.46.040.A of the Bozeman Unified Development Code. 4. Applicant(s) for site-specific plan(s) shall be required to fulfill the parking requirement established • in Condition # 3 less the number of parking spaces allocated to the specific lot through the subdivision process. These parking spaces shall be provided prior to occupancy of the structure. Applicant may use a combination of the following options. • Option 1. Applicant shall construct on-site parking. Construction shall include but not be limited • to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Option 2. Applicant shall pay cash-in-lieu to be deposited in the escrow account established in • the name of the POA for the sole purpose of providing parking. The cash-in-lieu amount Page 11 shall be based on a per space cost of a parking garaglos determined by the City of Bozeman. • 5. A minimum 50' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. On-site storm water treatment facilities may be located within the Zone 2 portion of the . watercourse setback. • 6. Residential uses on the ground floor may be allowed on Blocks 15, 16, 18, 20 and 21. On Blocks 17 and 19, residential uses (with the exception of apartments and apartment buildings) shall be restricted to the second or subsequent floors. • 7. All site plans with residential uses on the ground floor shall be required to meet all lot coverage and yard requirements in accordance with Chapter 18.18 of the Bozeman Unified Development Ordinance. • 8. All site plans with residential uses on the ground floor shall be required to provide landscaping in accordance with Section 18.48.060 of the Bozeman Unified Development Ordinance. Planning Specific Conditions-Phase IIB Blocks 9, 10, 11, 12, 13 and 14): • 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all • infrastructure improvements are complete and all other conditions have been met. 10. A minimum 35' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent • wetlands. 11. The northernmost utility/access easements in Blocks 9 and 10 shall be a minimum of 25' wide, and shall include at a minimum a Class Il trail. Planning Specific Conditions-All Phases: 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with • the County Clerk and Recorder's office). • 13. Prior to final site plan approval, the applicant shall provide detailed parking plans in compliance with Bozeman Unified Development Ordinance for review and approval by the Planning Department. These parking plans shall included full details for parking to be constructed • immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. 14. Prior to final site plan approval, the applicant shall depict on the final site plan the provision for • handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, • and curb cuts, signage, including dimensioned construction details and the applicant's certification of ADA compliance to be reviewed and approved by the Planning Office. Page 12 15. The applicant shall sub*Development Guidelines that comply with Section 18.36.070 of the • Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The Development Guidelines shall be in an 8%- by 11-inch vertical format, permanently bound to open flat, tabbed, and contain a table of contents. • 16. The Development Guidelines shall specify that development on all lots shall be subject to appropriate site-specific plan review in accordance with Chapter 18.34 of the Bozeman Unified Development Ordinance and that a letter of approval from the Baxter Meadows Design Review Board shall be provided prior to approval of any site-specific plan application. • 17. The applicant shall submit a comprehensive sign plan that complies with Chapter 18.52 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The comprehensive sign plan shall include type(s), location, design, illumination, size, height, and allocation method. 18. Prior to the construction and installation of any signage on-site, a Sign Permit Application shall be reviewed and approved by the Planning Office in accordance with Chapter 18.52 of the Bozeman Unified Development Ordinance; including but not limited to contractor, real estate and lending • institution signs temporarily posted on-site during and after construction of the building. A letter of • approval from the Baxter Meadows Design Review Board shall be provided prior approval of any Sign Permit Application. 19. Prior to final site plan approval, the applicant shall demonstrate at least 20 performance points • pursuant to Section 18.36.090.E.2.a.(7) "Performance" of the Bozeman Unified Development Ordinance. 20. Any unmet code provisions, or code provisions that are not specifically listed as conditions of • approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the • Bozeman Municipal Code or State of Montana. Planning Standard Conditions: • 21. The applicant must submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • 22. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final • Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 23. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements • Agreement must be secured by a method of security equal to one and one-half times (150%) the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the • method of security. Page 13 0 24. The applicant shall submit with the application for Final Plan review and approval, a written • narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 25. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general • and special conditions imposed by the conditional use permit procedure pursuant to Section • 18.34.100.C.I of the Bozeman Unified Development Ordinance. 26. That all of the special conditions shall constitute restrictions running with the land use, shall apply • and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of • the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. • The opportunity to request concurrent construction was approved for this project. Pursuant to conditions of approval for the residential Phase I113, once you have received Engineering's approval of the plans and specification and the final site plan for the PUD has been approved by the Planning Department, you • can submit a concurrent construction plan that addresses all aspects of 16.22.030. Pursuant to conditions • of approval for the commercial Phases IIA and IIC, once you have received Engineering's approval of the plans and specification, the final site plan for the PUD has been approved by the Planning Department and the Planning Department has approved a site specific final site plan, you can submit a concurrent construction plan for the site specific final site plan that addresses all aspects of 16.22.030. • When you request concurrent construction, we will need 10 sets of the concurrent construction plan, and the plan will be scheduled for DRC review and approval. After the concurrent construction plan has been given final approval, building permit(s) can be approved. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. If you have any further concerns or questions,please feel free to contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, • Lanette Windemaker, AICP Contract Planner cc: Jeff Kanning, Collaborative Design Architects, 2280 Grant Road, Suite C, Billings, MT 59102 • Phil Porrini, Robert Peccia&Associates, P.O. Box 5653, Helena, MT 59604 • WM. Russell McElyea, Life of Montana Building, 601 Haggerty Lane, Suite 10, Bozeman, MT 59715 Page 14 • _1 • , • • • • { � 2 • • • • • • • • ®� • - • • • • _ - • • • • • � . • • • • • • • • %AXTER MEADOWS P.U.D.9 • • EXISTING ZONING DESIGNATIONS • • Prepared by: PC Development • AS Last Update: 9-12-05 (COUNTY) • VACA.\'f LM'D • — CATTAIL - I C--3 FXISTO:G COK PKOPF • DAIRY FA w uaao • qam rcio:'sc :�'- .mwerau ml ` • � : - F A ASRETAI. CO ��Iyy�� Ialsrinc • ( / I CLING .Iiei...T 5 .cur eo„flT ,.L�' ' R,Av,A ,rR,A,•,A„ • � rx,urrs rxut 40.O mwa dcawsr. N [ C t • a 911oP.n.nnL i S I FIGURES dD R 4E BAXTER • BAXTER FGNDF. MIURD -- —_ O R • P TCITY) • % MTnTFM - „ LEGEND AS • (COUNTY) 9UBDM9IDK • ;� R-3 (RESIDENTIAL, MED. DENSITY) • EX. ZONING ACREAGE TABLE �� s R-s (RESIDENTIAL SUBURBAN) • R-1 (RESIDENTIAL SINGLE HOUSE-HOLD, LOW DEN.): 84.56 ACRES A B-2 (COMMUNITY BUSINESS) s • PLI(PUBLIC LANDS AND INSTITUTIONS) R-3 (RESIDENTIAL , DENSITY): 114.88 ACRES 0 • PLI R—i(RESIDENTIAL SINGLE HOUSE—HOLD,LOW DEN.) • R—S (RESIDENTIAL SUBURBAN): 15.3o ACRES • RFP^ORK NAL __ _ !PLATTED BOUNDARY LINE • B-2 (COMMUNITY BUSINESS): 125.13 ACRES — PRELIMINARY PLAT APPROVAL BOUNDARY • PLI (PUBLIC LANDS AND INSTITUTIONS): 100.25 ACRES Scale: 1"=300'-0" • CTRS HION a Isa san eon • 1 Scale in Feet North • • •• • • • • • • • • • h • • • • • • • • • • • • • • • • • • • • � • • • • • ' • . • • • • • • • . . • r I r • • 4 • �,® • �� • • • • • • • • • • • • • • • • • • • • • • • • LOTS AVAILABLE TO BE COUNTED AS RSL • PHASES 2C (BLOCKS 12 - 13) • • ZONING R-3 R-3 R-3 R-3 R-3 R-3 • TYPE SFR SFR SFR SFR SFR SFR • • LOT(S)/ BLK 12 - BLK 12 - • BLOCKS) LOTS 8 -9 LOT 10 BLK 13 LOTS BLK 13- BLK 13- BLK 13 - LOTS BLK 13- LOT 1 2-4 &6-11 LOT 12 LOT 16 13, 14, 15 & 17 • 25 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ' � • � 5 • • • � �_ • • • • • • • • • • • • • • • MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 2, 2004 Public hearing-Conditional Use Permit for Baxter Meadows,Phase ll,Planned Unit Development-neo- traditional mixed use residential and commercial development on±76 acres described as a portion of the SV2 of Section 34,T1 S, RSE, MPM,and the NE%of Section 3,T2S, RSE, MPM,with relaxations from • several zoning regulations -Collaborative Design Architects, Inc., for Baxter Meadows Development (along north side of Baxter Lane at Flanders Mill Road extended) (Z-03276) • This was the time and place set for the public hearing on the Conditional Use Permit for Baxter Meadows, Phase II, Planned Unit Development, as requested by Collaborative Design Architects, Inc., for Baxter Meadows Development under Application No.Z-03276,to allow a neo-traditional mixed use residential and commercial development on ±76 acres described as a portion of the South one-half of Section 34, Township 1 South, Range 5 East, Montana Principal Meridian, and the Northeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, with relaxations from the following zoning regulations: (1) from Section 18.18.030, to increase maximum lot coverage to 55 percent; (2) from Section • 18.16.040,to decrease minimum lot area to 2,432 square feet and decrease minimum lot width to 25 feet; (3) from Section 18.16.050,to decrease minimum front yard setback to 10 feet and minimum rear yard setback to 2 feet; (4)from Section 18.18.020, to allow residential uses; (5)from Section 18.18.030, to omit lot coverage • requirements; (6) from Section 18.18.040, to decrease minimum lot width to 46 feet; (7) from Section 18.18.050, to omit yard requirements; (8)from Section 18.18.060, to increase maximum building height to 72 feet; (9) from Section 18.42.020, to decrease street frontage to less than 50 percent of perimeter; (10) from Section 18.42.100.B., to decrease minimum watercourse setback to 35 feet; (11)from Section 18.42.140, to • allow use of alleys for loading; (12)from Section 18.44.100,to measure street vision triangle from the bulb-out curb line; (13)from Section 18.46.020.D.,to allow backing into public rights-of-way; (14)from Section 18.4.040, to reduce total number of parking spaces required for non-residential uses, locate required parking spaces in • public right-of-way, and count on-street parking spaces; and (15) from Chapter 18.48, to landscape in accordance with submitted plan. The subject property is located along north side of Baxter Lane at Flanders Mill Road extended. Mayor Cetraro opened the public hearing. Contract Planner Windemaker presented the staff report, noting staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the staff report. Planner Windemaker noted the western portion of this phase of development, 1113, is zoned R-3,the north and eastern portions, IIC, are zoned B-2, and the southern portion, IIA, is zoned R-3. The density of the residential portion is eight units per net acre,which is consistent with the established guidelines. The applicant is requesting to have their parking requirements calculated based on a special formula, which would provide less parking than required. Contract Planner Windemaker stated it is difficult to determine how . much of a decrease the applicant is requesting; it could be a 12 to 35 percent reduction, based on two-story structures. Staff's recommended condition allows a 10 percent reduction. Therefore, the Design Review Board is unwilling to support the requested deviation to building height in the B-2 area. The applicant has stated it is not his intention to under-park the commercial area, and he has also offered to establish an escrow • account for additional parking and improvements. Responding to Commissioner Youngman's request, Contract Planner Windemaker outlined the • requested deviations, noting the first three requested deviations apply to the R-3 zoned areas. Those deviations are not addressed in any condition and are acceptable as proposed. The next deviation pertains to authorized uses and is addressed in condition six. That condition says residential uses on the ground floor are - 2 - • not appropriate in certain blocks, so staff recommends partial acceptance of this deviation. The next three • requested deviations pertain to the B-2 zone and are addressed by condition 7. The recommendation is for partial acceptance. Requested deviation 8, building height, is addressed by condition 2 and was rejected by the Design Review Board. Contract Planner Windemaker stated requested deviation 9, neighborhood centers, • is recommended for acceptance. The requested deviation regarding watercourse setbacks is addressed in both condition 5 and condition 10. Condition 5 rejects the deviation forthe commercial area,while condition 10 accepts the deviation for the residential area. The deviation to allow the use of alleys for loading was recommended for acceptance. The deviation to allow backing into the public rights-of-way was accepted, • given the plat conditions. The landscaping deviation was recommended to be accepted. Jeff Kanning addressed condition 2, building height, saying they once were at 96 feet; now they are • asking to be allowed to construct four-story buildings,with a maximum height of 56 feet. That would allow them to stay at four stories,while giving them the opportunity to do something different with the roof design elements. They believe this is an adequate compromise. Mr. Kanning said the real parking issue is how much parking • has to be constructed up front. They want to use their formula because they don't know how this is going to build out. The parking requirement is placing an undue burden on Baxter Meadows at this point because they can't foresee what is going to happen. The applicant wants to use the 600 planned spaces initially and establish an escrow account so there will be a money source available for providing the additional parking • spaces and other improvements needed for the public right of way. Mr. Kanning said the applicant wants to reach an amenable agreement on the parking issue and proceed with the construction of Baxter Meadows. Commissioner Hietala polled the other Commissioners to determine how they want to deal with the parking proposal. Contract Planner Windemaker noted the applicant's parking formula is based on a two-story building,which is why staff believes this issue needs to be revisited each time. Commissioner Krauss stated it doesn't benefit anyone if there is money available, but nowhere to put the additional parking. • Commissioner Hietala asked if the other Commissioners were supportive of the request for four-story buildings, with a maximum height of 56 feet. He then pointed out if the City compromised with the applicant on 750 initial parking spaces,that would accommodate a building height of three stories. Commissioner Krauss stated he is • more inclined to give in on building height, rather than on the number of required parking spaces. Jerry Williams stated they are not proposing to build four-story buildings with the amount of parking • required now. If someone were to buy a lot and come forward with a four-story building proposal, there would be extra parking required. The higher the building, the more parking spaces that are going to be required for that particular building; that is outlined in the conditions. Responding to questions from Commissioner Hietala and Commissioner Kirchhoff, the Contract Planner explained that this is where conditions three and four come into play. With a site specific application, the number of stories dictates the parking requirements, as outlined in the Bozeman Unified Development • Ordinance. The applicant would receive a 10-percent reduction in the number of required parking spaces; but then if there is still a shortage,those spaces would have to be provided on site as private parking spaces rather than the public ones addressed in the plat. The additional parking probably would be located beside or under • the building. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Mayor Cetraro questioned the concurrent construction, and Planner Windemaker responded the applicant has requested concurrent construction for the entire phase. That can be addressed in two ways; in the commercial area, condition one requires each site plan to go to the Development Review Committee for • review, and in the residential portion, condition 9 gives the applicant the opportunity to bring forward one concurrent building proposal and receive blanket approval for concurrent construction, if the Commission agrees. • Commissioner Hietala noted that still leaves the question of building height,to which Contract Planner Windemaker replied there is a provision in the code that with a conditional use permit, the building height in a • B-2-zoned area can increase up to 30 percent. The numbers in condition two would have to be changed to"49 • feet" and "57 feet", in place of the current"38 feet" and "44 feet". • Mayor Cetraro noted that part of the effort of the Unified Development Ordinance was to provide for taller buildings; but if a developer wanted to go above the standard allowed, it would be through the Conditional Use Permit process. That gives the City the opportunity to impose conditions to mitigate height. • Commissioner Kirchhoff said he doesn't believe a blanket approval of height should be given. He is in favor of keeping the height as proposed in the staff report and dealing with the additional height through the Conditional Use Permit process. • It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit for Baxter Meadows, Phase II, Planned Unit Development, as requested by Collaborative Design Architects, Inc., for Baxter Meadows Development under Application No. Z-03276, to allow a neo-traditional • mixed use residential and commercial development on±76 acres described as a portion of the South one-half of Section 34, Township 1 South, Range 5 East, Montana Principal Meridian, and the Northeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, with relaxations from the following zoning regulations: (1) from Section 18.18.030, to increase maximum lot coverage to 55 percent; (2) from Section 18.16.040, to decrease minimum lot area to 2,432 square feet and decrease minimum lot width to 25 feet; (3) from Section 18.16.050, to decrease minimum front yard setback to 10 feet and minimum rear yard setback to 2 feet; (4)from Section 18.18.020, to allow residential uses; (5)from Section 18.18.030, to omit lot • coverage requirements; (6)from Section 18.18.040,to decrease minimum lot width to 46 feet; (7)from Section 18.18.050, to omit yard requirements; (8)from Section 18.18.060, to increase maximum building height to 72 feet; (9) from Section 18.42.020, to decrease street frontage to less than 50 percent of perimeter; (10) from Section 18.42.100.B., to decrease minimum watercourse setback to 35 feet; (11)from Section 18.42.140, to allow use of alleys for loading; (12)from Section 18.44.100,to measure street vision triangle from the bulb-out curb line; (13)from Section 18.46.020.D.,to allow backing into public rights-of-way; (14)from Section 18.4.040, to reduce total number of parking spaces required for non-residential uses, locate required parking spaces in public right-of-way, and count on-street parking spaces; and (15) from Chapter 18.48, to landscape in accordance with submitted plan, be approved subject to the following conditions: • �� • �� • A • • • • • • • • • w • • �� w • • • • • � 6 • • • � � • • • • w • • • • • MINUTES OF THE SPECIAL MEETING AND WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA May 23, 2005 w • Informal review-allow construction of mid-rise condominium project containing 283 dwellina units on • approximately 6.75 acres in Baxter Meadows Subdivision, Phase II (Vida Urbana) (1-05013) • Included in the Commissioners' packets was a conceptual plan for Vida Urbana, a mid-rise • condominium project containing 283 dwelling units on approximately 6.75 acres in Phase II of the Baxter Meadows Planned Unit Development Subdivision. • Contract Planner Lanette Windemaker noted that this request is for a mid-rise condominium project on Block 15, Baxter Meadows Subdivision, Phase II. The subject block is located north of the Trakker building and is bounded by Kimberwicke Street, Caspian Avenue, Galloway Street and Vaquero Parkway. She stated that, through the conditional use process, buildings in the B-2 zone may be extended to 49 to 57 feet, • depending on the pitch of the roof, but not to the 65-foot height proposed. She reminded the Commissioners that in 2004, Baxter Meadows asked that a 72-foot height limit be established in the B-2 zone within that • subdivision, but the Commission did not approve the request. She concluded her presentation by noting that, • on July 11,the Commission will be considering a concept plan from Baxter Meadows that would allow 96-foot- tall buildings in the B-2 zoning district. • • Mr. Greg Allen, applicant, noted that at the February 2, 2004, Commission meeting, when the • conditional use permit for the planned unit development was considered, there was much discussion about building height,design and parking. He indicated this proposal includes a parking plan that provides adequate parking on site and almost 3 acres of open space in the center of the complex. He noted that this block is • immediately north of the plaza in the neighborhood business district. Responding to Commissioner Kirchhoff, Mr. Allen stated that the dwelling units are to range from a • 750-square-foot, one-bedroom unit to a unit with slightly over 2,000 square feet. A majority of the units will be small, and it is anticipated that they will be priced at$125,000 and up. All units are condominiums for sale,with • the target market being young professionals on limited incomes and empty nesters. • Further responding to Commissioner Kirchhoff, Mr. Allen stated that all setback requirements have been met; and he will work on the landscaping requirements to ensure that they are also met. He then turned his attention to the alignment of entrances, noting that is another issue that has arisen during the review process. He indicated that the proposed alignments are close to those in the master plan for the subdivision, and they can be moved slightly if necessary. He suggested that since this is the first development in this area, • the entrances for other developments should be established to align with those in this development. Commissioner Kirchhoff identified the proposed height as the big issue and noted that is no problem to • him. He noted the schematic reflects attractive buildings, and he is encouraged by the price points that have been identified. He stated that when the height issue was previously discussed, his concern was not allowing • essentially a downtown that competes with the community's crown jewel; in this instance, he does not view the proposed housing development as a competing project. • • Commissioner Hietala characterized this project as great in the core downtown, but not in the northwest quadrant of the community. • • • • Responding to questions from Commissioner Krauss, Mr. Allen stated that the typical floor to ceiling height for lofts is 12'/z feet;this proposal includes a height of 11 feet. He then indicated that these buildings are 4'/z to 5 stories tall, but the high ceilings in these living units result in tall buildings. He indicated that the top • floor is actually a deck for the top level units. He concluded by stating that this project would not be economically feasible in the downtown area, where land costs are substantially higher. • Responding to Commissioner Youngman, Mr. Allen stated this parcel is one-quarter mile from the regional park. He also noted that, because of its relationship to the park, development would not block the • view of the Bridger Mountains from the park. A City Manager Kukulski noted that,with sprinkler systems and separation walls,fire issues and concerns can be adequately addressed. • Commissioner Youngman acknowledged that she supports "height in the abstract better than in the concrete". She noted that the fabric in this area is low,with one and two-story units currently located within this • subdivision; however, she recognized that heights will increase and become mixed in the adjoining neighborhood business district. She acknowledged the difference between 57 feet and 65 feet is not much; and she is pleased to learn that the other concerns seem to have been resolved. She recognized that it may • be possible to make the 65-foot height work; however, she is totally resistant to a 96-foot height. • Mayor Cetraro stated he is willing to support a 57-foot height but cannot support additional height. • Responding to Commissioner Krauss, Mr.Allen characterized the proposed structures as four stories • with a mezzanine, which allows the rooftop decks, approximately 400 square feet,for each of the upper units. Commissioner Krauss stated he has problems allowing over the 57-foot height without excellent reasons to do so. He voiced appreciation for the structured parking that is included with this design. Responding to Commissioner Youngman, Mr. Allen stated that a decreased height would result in shrinking the heights of the living units or deleting a floor. He then stressed that those purchasing this type of unit like the higher ceilings, noting they are not interested in purchasing an apartment but want a more open • feel. He then indicated that, since most of these units have only one exterior wall, they will be more energy efficient than a house, even with the higher ceilings. • City Manager Kukulski noted it is hard to conceive that Bozeman will grow to 88,000; however, growth is currently outpacing all estimates. He cited the Village Lofts project in the downtown area, noting that each tower contains 40 units; 29 of the units were sold the first night they were on the market and a total of 36 units have already been sold despite the fact that construction has just begun. He stated 85 percent of those buyers • are from Bozeman. • Commissioner Kirchhoff thanked the applicants for giving the community a model project and an • environment that he feels Bozeman must start embracing unless it wishes to push out in all directions. He appreciates the density, noting that if this project were built at average residential densities, it would cover 47 • acres instead of just under 7 acres. Commissioner Hietala stated he feels this is a great condensed project in an appropriate zone. His w only concern is"creating a little Dallas here", noting that the Commission has received comments that residents • don't want to see tall buildings scattered throughout the community but that is what the current planning and • zoning maps promote. He reiterated his interest in seeing this type of project in the downtown core ratherthan creating sprawl in the outer edges of the community. • Commissioner Krauss stated that, for him to support the increased height,the overall project must be • designed to meet the community needs and address all of the other issues that have been identified during this • review. • Mayor Cetraro thanked the applicants for the opportunity to review this proposed project. • • • ^� ,�� • • • • • > • • • .. • • • • ' • • • •• • • r • • • • • • • r • { i CITY COMMISSION STAFF REPORT BAXTER MEADOWS PHASE II PUD PRELIMINARY PLAN FILE#Z-032761 • Item: Zoning Application#Z-03276—An application for preliminary plan review of Baxter Meadows Phase II PUD to allow construction of a neo-traditional mixed- use development.The property,located on the north and south sides of Baxter Lane between Davis Road and Harper Puckett Road,is described as being part • of the S V2 of Section 34,T1S,R5E,PMM and the NE%of Section 3,T2S,R5E, • PMM,City of Bozeman,Gallatin County,Montana.The property is zoned R-3 (Residential Medium Density district) and B-2 (Community Business district). Applicant/Owner: Baxter Meadows Development(Jerry Williams),P.O.Box 11060,Bozeman,MT 59719 Representative: Jeff Kanning,Collaborative Design Architects,Inc.,2280 Grant Road,Suite C, Billings,MT 59102 • Date/Time: City Commission: 7:00 P.M.on Monday,February 2,2004. The meeting will be • held in the Commission Meeting Room of City Hall, 411 East Main Street, Bozeman,Montana Report By: Lanette Windemaker,AICP; Contract Planner 0 Recommendation: Conditional Approval • PROJECT LOCATION The property is legally described as being part of the S '/2 of Section 34,T1 S,R5E,PMM and the NE '/4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District)and B-2 (Community Business District)and is generally located on • the north and south sides of Baxter Lane between Davis Road and Harper Puckett Road. In accordance with Section 18.64.080 of the Bozeman Unified Development Ordinance,this application will be reviewed under 0 the Bozeman Unified Development Ordinance. Please refer to the vicinity map on the following page. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 1 R- UJ ubject W Property � EQUESfRIA • WE A • PROPOSAL/BACKGROUND Application has been made for a Preliminary Plan review of the Baxter Meadows Phase II Planned Unit Development to allow the construction of a neo-traditional mixed-use development. The proposal is for 143 • lots consisting of 73 residential, single family lots; 7 residential, multi-family lots; 52 commercial lots; 6 parking lots; 5 park/recreation/open space lots;and related site improvements on±76 acres. The application is undergoing concurrent subdivision preliminary plat review. The subject property is zoned "R-3" (Residential Medium Density District) and `B-2" (Community Business District). The average residential density of the residential"R-3"portion of the project is 8 dwelling units per net acre. i This is consistent with the average minimum density of six units per net acre set forth in the"Residential" land use guidelines of the Bozeman 2020 Plan. The applicant has proposed that on-street diagonal parking, common parking lots, and parking garage • • provide parking for the commercial area. This proposal included a request to calculate parking based on a special formula,which would provide less parking than required under the Bozeman Unified Development Ordinance. The Environmental Assessment and Community Impact Statement have been submitted with the preliminary • plan application. Included with the preliminary plan application was a traffic report prepared for the subdivision,which addresses traffic concerns on surrounding streets and improvements to these streets. The applicant is requesting the following deviations from the Bozeman Unified Development Ordinance: • • Section 18.16.030 (Lot Coverage),to increase maximum lot coverage to 55%. • Section 18.16.040 (Lot Area and Width), to decrease minimum lot area to 2,432 sq. ft. and decrease minimum lot width to 25'. • Section 18.16.050(Yards),to decrease minimum front yard to 10' and to decrease minimum rear yard to 2'. • • Section 18.18.020 (Authorized Uses), to allow residential uses. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 2 . • • Section 18.18.030 (Lot Coverage), to omit lot coverage requirements. • Section 18.18.040 (Lot Area and Width), to decrease minimum lot width to 46'. • Section 18.18.050 (Yards), to omit yard requirements. • Section 18.18.060 (Building Height), to increase maximum building height to 72'. • Section 18.42.020 (Neighborhood Centers), to decrease street frontage to less than 50% of perimeter. • • Section 18.42.100.B (Watercourse Setback), to decrease minimum to 35'. • • Section 18.42.140 (Off-street Loading Berth Requirements), to allow the use of alleys for loading. • Section 18.44.100 (Street Vision Triangle), to measure from the bulb-out curb line. • Section 18.46.020.D(Stall,Aisle and Driveway Design),to allow backing into the public rights-of-way. • Section 18.46.040 (Number of Parking Spaces Required),to reduce the total number of parking spaces required for nonresidential uses, to locate required parking spaces in the public right-of-way, and to count on-street parking spaces. • Chapter 18.48 (Landscaping),to landscape in accordance with submitted plan. ZONING DESIGNATION & LAND USES • The property is zoned R-3 (Residential Medium Density District)and B-2(Community Business District). The Trakker mixed-use commercial building is under construction on the subject property. North: `B-2" (Community Business)—undeveloped • "R-3" (Residential Medium Density District)—undeveloped East: `B-2" (Community Business)—undeveloped "R-3" (Residential Medium Density District)—undeveloped South: "R-3" (Residential Medium Density District)—lots and undeveloped West: "R-3" (Residential Medium Density District)—various residences and undeveloped regional park • "R-S" (Residential Suburban Density District)—estate lots ADOPTED GROWTH POLICY DESIGNATION • The property is currently designated "Residential" and "Community Commercial" in the Bozeman 2020 Community Plan. The`R-3' zoning designation is consistent with the"Residential"land use designation of the property. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences area also acceptable such as parks, low intensity home based occupations,fire stations,churches,and schools. With the"Residential"land use designation,it is expected • that areas of higher density housing would be likely located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support S businesses within commercial centers. High-density areas should have an average minimum density of eighteen units per net acre.All residential housing shall be arranged with consideration given to the existing • character of adjacent development, any natural constraints such as steep slopes, and in a fashion, which advances the overall goals of the Bozeman 2020 Community Plan. The `B-2" zoning designation is consistent with the"Community Commercial"land use designation of the property. Activities within this land use category are the basic employment and services necessary for a vibrant community.Establishments located within these categories draw from the community as a whole for their employee and customer base • and are sized accordingly. A broad range of functions including retail,education,professional and personal • services, offices, residences, and general service activities typify this designation. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 3 STAFF FINDINGS/REVIEW CRITERIA The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit for a . Planned Unit Development application and deviations against the criteria set forth in Section 18.34.090 and • Section 18.34.100 of the Unified Development Ordinance The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee(DRC)and the Design Review Board (DRB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title,the Planning Director,City Commission, DRC, and when appropriate,the ADR staff,the DRB or WRB shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy. The development proposal is in conformance with the Bozeman 2020 Community Plan including the "Residential" and"Community Commercial" land use designations. 2. Conformance to this title, including the cessation of any current violations. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Unified Development Ordinance. Other than the deviations noted above and the conditions recommended for approval, Staff has found the application in general compliance with • the requirements set forth in the Unified Development Ordinance. Any unmet code provisions, or code provisions that are not specifically approved as deviations or listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code. All planned unit developments shall be reviewed against the development standards established in this title. • However,in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this title may be granted by the City Commission after considering the recommendations of the applicable review bodies established by this title. Pursuant to Section 18.36.030.D,the City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the • existing standards of this title, and which will be consistent with the intent and purpose of this chapter,with the adopted goals of the Bozeman growth policy and with any relevant adopted Design Objectives Plan. The Design Review Board and Administrative Design Review staff considered the request against the merits • of the proposal. Based on the information and data provided in the application for a Planned Unit Development Preliminary Plan,and recommended conditions of approval by the DRC and DRB,the planned unit development application will generally comply with the all conditions stipulated in Chapter 18.36. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 4 • 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB,the elements of the PUD plan including the land use patterns,circulation,and open space are arranged in an appropriate manner for a neo-traditional mixed-use • development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval,the PUD • plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing all of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia&Associates, dated October 2001, and the updated report, dated October 2003. • The applicant has proposed that on-street diagonal parking, common parking lots, and parking garage • provide parking for the commercial area. This proposal included a request to calculate parking based on a special formula,which would provide less parking than required under the Bozeman Unified Development Ordinance. • City of Bozeman Parking Requirements Example • Trakker USE GROSS SF 85%: NET SF PARKING Office 6,867 5,837 23 (4/1,000) Warehouse 8,813 7,491 7 (1/1,000) • Office/Residential 10,911 9,274 37 (4/1,000) • TOTAL 26,591 22,602 67 FINAL TOTAL 60 (10% reduction) Office 8,813 7,491 30 (4/1,000) TOTAL 26,591 22,602 90 • HIGH TOTAL 81 (10%reduction) Baxter Meadows Phase II Parking Proposal Example Trakker • Lot GROSS SF X 2 80%: NET SF PARKING • Lot 10, Block 18 19,234x2=38,468 30,774 53 (1.72/1,000) The Baxter Meadows Phase II parking proposal is based on a different calculation process than used by the Bozeman Unified Development Code. Using the proposed 1.72/1,000 with the Baxter Meadows II calculation process, it is a request for an additional 12 to 35% reduction in parking requirements. • However,this is predicated on an average of 2-story structures. Therefore,it is imperative that the relaxation of height standards not be granted. As it is the intent of the developer to have common parking for the commercial area,the common parking is a required subdivision improvement. Therefore, common parking for commercial area shall be required • based on the following calculation: net building area(gross lot area minus 20%)x 2(floors)/ 1,000 x 1.72. (Plat Conditions#2 and#3) In addition,the developer's parking proposal indicates that it is appropriate to study parking demand as development progresses and adjust the common parking requirement accordingly. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 5 Therefore,with Phase IIC we have provided the opportunity to adjust the common parking requirement to more closely meet the needs of the development. (Plat Conditions# 2 and# 3) Further,we know that the developer intends to provide adequate parking,and has no intention of extremely under-parking the area. We believe that a maximum of an additional 10%reduction to the City standards • would achieve this goal. Therefore,the adequacy of the parking provided as a subdivision improvement will • be checked during site-specific plan review. At that time,the individual site owner will have to make up any deficiency. (Plan Conditions# 3 and# 4) With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval,the PUD • plan mitigates the impact of the proposal on parking conditions. 6. Pedestrian and vehicular ingress, egress and circulation. The PUD plan includes interior subdivision streets with access off of Baxter Lane,sidewalks,pedestrian and • equestrian trails. A condition of subdivision review will not allow direct lot access to Baxter Lane. 7.Landscaping,including the enhancement of buildings,the appearance of vehicular use,open space and pedestrian areas, and the preservation or replacement of natural vegetation. • The applicant has proposed a deviation to allow no on-site landscaping in the neighborhood center area with the exception of parking lots. This is coupled with a subdivision deviation request to omit landscaped boulevards in the neighborhood center area. The City Commission will need to determine if this produces an environment,landscape quality and character superior to that produced by the existing standards. Condition • #8 requires that residential developments in the neighborhood center be landscaped in accordance with the • code. 8. Open space. Landscaping of the watercourse setback will enhance the natural environment. All proposed public parks • and open space have vehicular and pedestrian access,however,several areas have street frontage of less than 50% of the perimeter. Between the sand volleyball area and the trail system, the PUD plan provides for more than 150 square feet of active recreation area for the 73 dwelling units in the R-3 zoned area. 9. Building location and height. The applicant has requested a building height deviation that the Design Review Board found to be inappropriate for this area. Condition#2 restricts the neighborhood center to the standard building height. 10. Setbacks. The applicant has requested deviations from Chapter 18.18 to allow the neighborhood center to have 100% lot coverage with no required yards. While this may be appropriate for the commercial center, it does not appear to be appropriate for residential uses. Condition#7 requires sites with residential uses on the ground • floor to meet the standard yard requirement with the corresponding landscaping required by Condition#8. In addition, the applicant has requested deviations from Chapter 18.16 to allow portions of the residential area to have increase lot coverage and decrease yards. This is in keeping with the concept of this PUD. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 6 • 11. Lighting. The PUD will need to provide subdivision lighting in accordance with the Bozeman Unified Development • Ordinance. This is a condition of preliminary plat approval. Prior to final plan and plat approval,staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. • The PUD will need to provide utilities in accordance with the Bozeman Unified Development Ordinance. This is a condition of preliminary plat approval. The Water System Design Report and the Sanitary Sewer System Design Report have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The Storm Drain Design Report has been submitted to the Engineering Department for review. • 14. Loading and unloading areas. The applicant has requested a deviation to allow the use of alleys for loading and unloading areas. This is similar to the current situation in downtown Bozeman. • 15. Grading. Plans and specifications for utilities, roads and storm water control will have to address grading and be submitted to the Engineering Department for review. • 16. Signage. The applicant is required by Condition# 17 to submit a comprehensive sign plan that complies with Chapter 18.52 of the Unified Development Ordinance. • 17. Screening. During individual site plan reviews,required by Condition# 16,the placement of all ground-mounted and rooftop mechanical equipment will be reviewed to ensure that the equipment is screened from the view of adjoining properties. 18. Overlay district provisions. Not applicable. • 19. Other related matters, including relevant comment from affected parties. No comments have been received to date. Any comments received after this writing will be distributed to the City Commission at the public hearing on February 2, 2004. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 7 20.If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or • more elements of the development to become nonconforming. • Within the neighborhood center area,the applicant has proposed off-site joint use of parking facilities. It is a requirement of the BMC that a properly drawn legal instrument,executed by the parties concerned for joint use of parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be • filed with the Clerk of Commission and recorded with the County Clerk and Recorder. Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits" The City Commission, in approving a conditional use permit, shall review the application against the • following review requirements: 1.That the site for the proposed use is adequate in size and topography to accommodate such use,and all yards,spaces,walls and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. • This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Unified Development Ordinance. Other than the deviations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to • accommodate the potential uses and related site improvements. • 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase II PUD proposal is an interior phase of a six-phase development. Therefore,it will • generally have no material adverse effect upon the abutting property. • 3. That any additional conditions stated in the approval are deemed necessary to protect the public health,safety and general welfare.Such conditions may include,but are not limited to: a.Regulation of use; b. Special yards,spaces and buffers; c. Special fences,solid fences and walls; d. Surfacing of • parking areas; e.Requiring street,service road or alley dedications and improvements or appropriate • bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i.Regulation of noise,vibrations and odors;j.Regulation of hours for certain activities;k.Time period within which the proposed use shall be developed;1.Duration of use; in. Requiring the dedication of access rights; and n. Other such conditions as will make possible the • development of the City in an orderly and efficient manner. • Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 8 • Chapter 18.36 "Planned Unit Development Design Obiectives and Criteria" In approving a Planned Unit Development, the City Commission is charged with finding that criteria outlined in Section 18.36 are adequately addressed and may consider any conditions deemed necessary to • protect public health, safety and welfare. All Development (1)Does the development comply with all City design standards,requirements and specifications for the following services:water supply,trails/walks/bike ways,sanitary supply,irrigation companies,fire . protection,electricity,flood hazard areas,natural gas,telephone,storm drainage,cable television,and streets? The applicant has requested a deviation from subdivision review to allow non-standard private utility easements. The project, as conditioned through subdivision review, generally complies with city design • standards. (2)Does the project preserve or replace existing natural vegetation? There is no significant natural vegetation in the project. Landscaping for the watercourse setback will • require the replacement of natural vegetation. The proposed development will mitigate the noxious weed problem on this property and replace natural vegetation. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) • designed and arranged to produce an efficient, functionally organized and cohesive planned unit • development? The elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. • 4 Does the design and arrangement of elements of the site plan a building construction • ( ) g g P ( •g• g orientation,and placement;transportation networks;selection and placement of landscape materials; and/or use of renewable energy sources; etc.)contribute to the overall reduction of energy use by the project? The availability of walk-to-work opportunities with the internal pedestrian circulation created by sidewalks, pathways,and the trail system;and the inclusion of transit stops contribute to the overall reduction of energy use by the project. • (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) • designed and arranged to maximize the privacy by the residents of the project? Within the PUD,the residential areas are generally designed for some level of privacy,with separation from the larger open space areas and separation from the commercial areas. • #Z—03276 Baxter Meadows Phase Il PUD Preliminary Plan Staff Report 9 (6)Park Land.Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020,BMC? As a condition of preliminary plat approval,the applicant must demonstrate compliance with §18.50.020, • BMC. ( ) Performance. All PUDs shall earn at least twenty performance points. Condition# 19 requires the applicant to demonstrate the achievement of at least 20 performance points. • (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? The design of the PUD provides integrated circulation patterns with future connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. Residential Development • (1) On a net acreage basis,is the average residential density in the project(calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? The average residential density of the residential"R-Y portion of the project is 8 dwelling units per net acre. This is consistent with the average minimum density of six units per net acre set forth in the"Residential" land use guidelines of the Bozeman 2020 Plan. (2)Does the project provide for private outdoor areas(e.g.,private yards,patios and balconies,etc.) • for use by the residents and employees of the project which are sufficient in size and have adequate • light, sun,ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas,both private and public. • (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a sand volleyball area,pedestrian and equestrian trail(s),as • well as areas for passive recreation. (4)If the project is proposing a residential density bonus as described below,does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? • Not applicable. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 10 • (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development, the overall project is designed to enhance the natural • environment, conserve energy and to provide efficient public services and facilities. (6)Residential Density Bonus. Not applicable. (7)Limited Commercial. Not applicable. • (8)Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a neo-traditional mixed-use development in a largely rural and undeveloped area. • However, the Bozeman 2020 plan has designated this area as a "Community Commercial" node with • adjacent "Residential" land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting equestrian access, pedestrian trails, and by preserving watercourses. • Commercial Development • (1)If the project contains any use intended to provide adult amusement or entertainment,does it meet the requirements for adult businesses? Not applicable. • (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? The overall project is adjacent Harper Puckett- a major arterial, and Baxter Lane and Davis Road-minor • arterials. This portion of the project,Phase II,is adjacent to Baxter Lane. Controlled access to Baxter Lane • is a condition of preliminary plat approval. (3) Is the project on at least two acres of land? • Phase II of the Baxter Meadows PUD contains 76 acres. (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and . facilities, etc.? This project provides integration of uses through pedestrian and vehicular circulation, and utilization of common open space. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 11 (5) Is it compatible with and does it reflect the unique character of the surrounding area? • The overall project is a neo-traditional mixed-use development in a largely rural and undeveloped area. However, the Bozeman 2020 plan has designated this area as a "Community Commercial" node with adjacent "Residential" land use. Therefore, this project promotes the rural character of the adjacent • neighborhood by allowing and promoting equestrian access, pedestrian trails, and by preserving • watercourses. (6)Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? • All parking areas are directly accessible to adjacent streets and sidewalks. (7)Does the project encourage infill,or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? • This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan.by advancing the intent of"Community Commercial" land use designation. (8)Does the project provide for outdoor recreational areas(such as additional landscaped areas,open • spaces,trails or picnic areas) for the use and enjoyment of those living in,working in or visiting the development? The PUD plan provides outdoor recreational areas—common open space, and trail(s), for the project. • RECOMMENDED CONDITIONS OF APPROVAL Planning Staff,the Bozeman Development Review Committee(DRC)and the Design Review Board(DRB) • have reviewed the Preliminary Plan for a Planned Unit Development against the criteria set forth in Chapter • 18.34 and Chapter 18.36 of the Unified Development Ordinance. Based on the evaluation of said criteria and findings by the Planning Staff,staff finds that the application,with conditions,is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance and recommends the following conditions of approval and code provisions to the City Commission: • Planning Specific Conditions-Phase IIA Blocks 16, 18,20 and Tracts 1A,1B)and Phase IIC(Blocks 15, 17, 19 and 2 1: 1. If concurrent construction is approved for Phase HA and Phase IIC,a concurrent construction plan,for an • approved final site-specific plan, that addresses all aspects of Section 18.74.030.1) of the Bozeman • Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. 2. Maximum building height in the B-2(Community Business District)shall be 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12 or greater in accordance with Section 18.18.060 of the Bozeman Unified Development Ordinance. This requirement shall be specified in the Development Guidelines. #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 12 • • � i • • 3. The non-residential parking requirement for site-specific plan(s)shall be based on Section 18.46.040.13 • of the Bozeman Unified Development Code. A 10%adjustment will be given in addition to the standard • Community Commercial adjustment. The additional 10% adjustment will not be given to a structure • with a maximum building height of greater than 3 8 feet for a roof pitch of less than 3:12 and 44 feet for a • roof pitch of 3:12. • The residential parking requirement for site-specific plan(s)shall be based on Section 18.46.040.A of the • Bozeman Unified Development Code. • 4. Applicant(s) for site-specific plan(s) shall be required to fulfill the parking requirement established in • Condition # 3 less the number of parking spaces allocated to the specific lot through the subdivision • process. These parking spaces shall be provided prior to occupancy of the structure. Applicant may use • a combination of the following options. • Option 1. Applicant shall construct on-site parking.Construction shall include but not be limited to • continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. • Option 2. Applicant shall pay cash-in-lieu to be deposited in the escrow account established in the • name of the POA for the sole purpose of providing parking. The cash-in-lieu amount shall • be based on a per space cost of a parking garage as determined by the City of Bozeman. • 5. A minimum 50' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent • wetlands. On-site storm water treatment facilities may be located within the Zone 2 portion of the • watercourse setback. 6. Residential uses on the ground floor may be allowed on Blocks 15, 16, 18,20 and 21. On Blocks 17 and • 19,residential uses(with the exception of apartments and apartment buildings)shall be restricted to the second or subsequent floors. • 7. All site plans with residential uses on the ground floor shall be required to meet all lot coverage and yard • requirements in accordance with Chapter 18.18 of the Bozeman Unified Development Ordinance. • • 8. All site plans with residential uses on the ground floor shall be required to provide landscaping in • accordance with Section 18.48.060 of the Bozeman Unified Development Ordinance. • Planning Specific Conditions-Phase IIB Blocks 9, 10, 11, 12, 13 and 14): • • 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all • aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure • improvements are complete and all other conditions have been met. • • 10. A minimum 35' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified • Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. • • • • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 13 11. The northernmost utility/access easements in Blocks 9 and 10 shall be a minimum of 25'wide,and shall include at a minimum a Class II trail. Planning Specific Conditions-All Phases: 12. Adequate snow storage area must be designated outside the sight triangles,but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 13. Prior to final site plan approval, the applicant shall provide detailed parking plans in compliance with • Bozeman Unified Development Ordinance for review and approval by the Planning Department. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. 14. Prior to final site plan approval, the applicant shall depict on the final site plan the provision for handicapped accessibility,including but not limited to wheelchair ramps,parking spaces,handrails,and curb cuts,signage,including dimensioned construction details and the applicant's certification of ADA compliance to be reviewed and approved by the Planning Office. 15. The applicant shall submit Development Guidelines that comply with Section 18.36.070 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The Development Guidelines shall be in an 8'/2- by 11-inch vertical format, permanently bound to open flat, tabbed, and contain a table of contents. • 16. The Development Guidelines shall specify that development on all lots shall be subject to appropriate site-specific plan review in accordance with Chapter 18.34 of the Bozeman Unified Development Ordinance and that a letter of approval from the Baxter Meadows Design Review Board shall be provided prior to approval of any site-specific plan application. • 17. The applicant shall submit a comprehensive sign plan that complies with Chapter 18.52 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The comprehensive sign plan shall include type(s),location,design,illumination,size,height, and allocation method. • 18. Prior to the construction and installation of any signage on-site, a Sign Permit Application shall be reviewed and approved by the Planning Office in accordance with Chapter 18.52 of the Bozeman Unified Development Ordinance; including but not limited to contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. A letter of • approval from the Baxter Meadows Design Review Board shall be provided prior approval of any Sign • Permit Application. 19. Prior to final site plan approval,the applicant shall demonstrate at least 20 performance points pursuant to Section 18.36.090.E.2.a.(7) "Performance" of the Bozeman Unified Development Ordinance. • 20. Any unmet code provisions,or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 14 • 1 Planning Standard Conditions: 21. The applicant must submit seven (7) copies a Final Site Plan within 1 year of preliminary approval • containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 22. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site • surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 23. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of • required on-site improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements,the Improvements Agreement must be secured by a method of security equal to one and one-half times(150%)the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period • of not less than twelve (12) months; however, the applicant shall complete all on-site improvements • within nine (9)months of occupancy to avoid default on the method of security. 24. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. • 25. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. • 26. That all of the special conditions shall constitute restrictions running with the land use, shall apply and • be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of • the Bozeman Unified Development Ordinance. CONCLUSION/RECOMMENDATION • The Bozeman Development Review Committee (DRC) has reviewed the application for a Planned Unit • Development Preliminary Plan to allow±76 acres to be developed into a neo-traditional mixed-use planned unit development and as a result recommends to the City Commission conditional approval of said application with conditions and code provisions outlined in this staff report. • On December 9, 2003, the Design Review Board(DRB) voted to recommend conditional approval of the • project. Minutes of that meeting are attached. • #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 15 The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final PUD Plan approval. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other • relaxation of the lawful requirements of the Bozeman Municipal Code or state law. • THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET • FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Applicant's Submittal. • DRB minutes of Preliminary Plan review(December 9, 2003). cc: Baxter Meadows Development, Attn: Jerry Williams, P.O. Box 11060, Bozeman, MT 59719 Jeff Kanning, Collaborative Design Architects, 2280 Grant Road, Suite C, Billings, MT 59102 • Phil Porrini, Robert Peccia&Associates, P.O. Box 5653, Helena, MT 59604 WM. Russell McElyea, Life of Montana Building, 601 Haggerty Lane,Suite 10, Bozeman,MT 59715 #Z—03276 Baxter Meadows Phase II PUD Preliminary Plan Staff Report 16 • �� • 1 •• S s • AJ � - ® 1 } ® ' i • Existing 33 ft tall townhouse fronting Existing 33 ft tall Trakker • ' on north side of Baxter Lane Building beyond h • 70 FT Height • _ an FT Heigbt - - and Lind r _ qA v..' a. ( a • • • • Perspective View 2: • North Side of Kendeda Lake • Looking North 0 • _ — _ Approximate 7o'building height for future buildings fronting • on north side of Baxter Lane 0 0 • • • • • • • - 1 • � _ `'' 7o Fr Building Height @ East Side of Vaquero • 44. " • • • • • • • • • • • • • • • • • Perspective View• 3 • West side of Baxter-Border Ditch Looking East • • _ _ _ Approximate 7o'building height for future buildings along east • side of Vaquero Parkway • 0