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Home My WebLink About07- Baxter Meadows PUD hase 6 Conditions of Approval of a Conditional Use Permit J-466 -." Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street /' \ \11\\\ 11\\1 \11111\\11\\\\11\\\1\ \11111 11\ 11111\\11 \11\ ~~53~~:~~, Charlotte~i 1 l_s-G;o11 ati_n ~o ~TMISC _ 2El.,00_ CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 6, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development; and WHEREAS, the subject property is legally described as a portion of Tract 2A in COS 2202A, located in the SE 'l4 of Section 34, Tl S, RSE, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following 15 conditions and 5 code provisions: 1. The CAHAB advises the City Commission to allow the developer to provide only 7.5% of the net buildable area in RSL's subject to the following conditions: . RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and shall not be larger than 3,384 square feet. . Affordable housing units may exceed the floor area ratio 1 :3.3 and single-household detached houses shall not exceed a maximum square footage of 1,575 square feet of living space or 900 if they are attached. 2. The east/west pedestrian rights-of-way in Blocks 15 and 16 shall be widened to 30 feet. 3. Lots adjacent to the pedestrian rights-of-way in Blocks 15 and 16 shall have 5 foot side yard setbacks adjacent to the walkways. 4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage, minimum lot area, and minimum lot width for each lot. 5. Additional park land shall be provided in the amount calculated at 5,768 square feet (lot frontage (~ 412 feet) x 14 feet (parking on both sides of road) = ~ 5,768 square feet, if the Baxter Meadows Phase 6 Final PUD Plan # Z-06036 PAGE 1 OF4 -" 1111111111111111111111111111111111111111111111111111111 ~~;~~f~~:, Charlotte Mills-Gallatin Co MTMI5C 28.00 frontage of the park changes, this number will be recalculated). It is preferable to see the difference made up by expanding the East West PPW between Ferguson and Milkhouse to a 30' wide dedicated trail corridor. 6. Additional park land, cash in lieu or additional on-site park improvements shall be provided to compensate for the cost of construction of the parking. 7. The final PUD plan shall ensure that a majority of the Community Commercial designated area is developed in compliance with the dominant commercial uses described in the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition include establishment of a required commercial land use FAR that is 2 or 3 times greater than the typical FAR of .25 or .3: 1 (i.e. 1: 1) on equal square footage east of Vacquero Parkway in exchange for the ability to develop Block 14 in ground floor residential uses, or amend the Bozeman 2020 Community Plan with a corresponding zone map amendment. Commercial land uses means those uses indicated as "Principal Uses" within the B-2 zone. 8. The final PUD plan shall depict the school, YMCA, bed and breakfast, community center (barn) and vet clinic as "residential neighborhood services". 9. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 10. Due to the PUD design and relaxations, the applicant shall be required to fully develop the park. 11. 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 per Section 18.34.130.8. 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 per Section 18.34.130.C. 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. 12. That the right to a use and occupancy permit shall be contingent upon the fulfiJlment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.1 OO.C.l of the Bozeman Unified Development Ordinance. 13. 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, shaII be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and Baxter Meadows Phase 6 Final PUD Plan # Z-06036 PAGE 2 OF 4 11111111111111111111111111111111111111111111111 11111111 ~~~3~(~~:A Cl1ar lot te M!!~~Gallatin Co MTMISC 28.00 shall he recorded as such with the County Clerk and Recorder's Officc hy the propeliy owncr prior to the issuance of any building pcrmits, final site plan approval or commencement of the conditional usc pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 14. 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 arc 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. 15. A 10-foot wide trail connector in a 30-foot wide greenway will be constructed in line with the north side of Kimberwicke Street from the Spring Ditch greenway trail to Gallatin Green. a. Per Section 18.18.020, Ground floor residential units on Block 14 will be required to get a CUP approval prior to obtaining a building permit. b. Per Section l8.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. d. 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. e. 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. 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 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. Baxter Meadows Phase 6 Final pun Plan # Z-06036 PAGE 3 OF 4 --! 111111111111111111111111111111111111111111 11111 III/III/ ~~~~~f~~:~ Charlotte Mills-Gallatin Co MTMISC 28.00 NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 15 conditions and 5 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 mixed-use Planned Unit Development. DATED THIS ~ :0- DAY OF J[ t~ ' 200~. p STATEOF~) County of 4Ello."'",~ q On this 5t::::= day of ~ ' 200J, before me, the undersigned, a Notary Public for the State of Montan personally appeared Jerrv WIllIams, known to me to be the Owner, 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. ~ .,................ ~ fJ, /~ .' ~t"..." 'Q..."~:.t """ I~I." . b "-"l;. ';.. .......... ."'<(", -,_ (I a re a ove) .'~~ ,MI 41- .~ '?'" ~ 'J .c:L (J J/ ~ i-O 'V/ :-t~~"'" '% /-Jju IT . x-.~ ~~..~s,t...:~L J: ' ~~~ =e f~~~~:~e ofMontana e-. J..l'.)l. ..;,~,.,~. .' \".: Residing at: I Ii', -''-,:.-i,;;.~~~~,.~<~.:>:. . Commission Expires: fe.11C) lfJ D II . "-;'~,. , (Use 4 digits for ~xpi;ation y~ar) Baxter Meadows Phase 6 Final pun Plan # Z-06036 PAGE40F4