HomeMy WebLinkAboutVillage Homesites PUD
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Village Homesites PUD Phases 1-2 Major Subdivision, #P-08004
MEETING DATE: Monday, July 21, 2008
RECOMMENDATION: The City Commission approves application #P-08004 subject to the
conditions of approval and code provisions outlined in the Staff Report.
BACKGROUND: This is a preliminary plat application to subdivide ~ 17 acres into 19 single
household lots, one multi household lot, park, open spaces and trail system. This request is for two
phases. The project will have access from Village Downtown Boulevard. The property legally
described as Lots 3, 4, and Common Area #2, Village Boulevard Minor Subdivision No. 344,
located in the Northeast ¼ of Section 7, and Northwest ¼ of Section 8, T2S, R6E, PMM, City of
Bozeman, Gallatin County, Montana. The property is located north of the intersection of Village
Downtown Boulevard and Village Crossing Way, and is zoned R-4 (Residential High Density
District). This proposal is being review concurrently with the PUD preliminary plan application
with 12 relaxations.
The applicant has requested a waiver of section 18.42.180.C.5, Provision of Affordable Housing; to
designate 14 units in the Village Lofts multi family development as Restricted Size Units.
UNRESOLVED ISSUES:
• Waiver Request regarding Restricted Size Affordable Housing.
The Community Affordable Housing Advisory Board reviewed the application and this request,
and made the following recommendation addressed by Preliminary Plat condition #1: The request
for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to designate 14 units in
the Village Lofts multi family development as Restricted Size Dwelling Units in an affordable
housing complex is approved subject to the following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the 84
dwelling units constructed in the Village Lofts on Lot 3A was based on the net buildable
area of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village Lofts),
and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not fulfill the
requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and 2
shall be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which lots /
units are reserved to meet the RSL requirement and subject to the RSU restrictions. The
RSL / RSU designation shall be recorded on the individual lots / units in a manner that will
appear on a title search and include reference to the sunset provisions of Section 18.42.180.
• Connection of Village Downtown Boulevard to Front Street (Relaxation #6: Section
18.44.010.A, Relation to Undeveloped Areas; to not extend Village Downtown Boulevard
to the property line).
Village Downtown Boulevard is a curved, ~1,300-foot cul-de-sac, which is an extension of East
Mendenhall Street at its intersection with North Broadway Avenue. In conjunction with the 5-lot
Broadway Boulevard Subdivision conditionally approved on July 22, 2002, a variance was granted
to not extend Village Downtown Boulevard to the southeast due to wetlands. A major subdivision
and a high-density site plan have been approved subsequent to the minor subdivision in 2002. With
approximately 112 dwelling units constructed or under construction, and 84 additional dwelling
units approved, it seems to be appropriate to address connectivity and public health and safety.
Village Downtown Boulevard should be improved to Front Street with Front Street improved to the
northwest. According to information received from MRL, the City of Bozeman’s Front Street right
of way is senior to the MRL easement. Some proponents of cul-de-sacs support them for safety
reasons. Review of literature has found that well-connected streets with plenty of foot traffic and
many highly visible dwellings provide the safest locations. The safest cul-de-sacs are short and
straight, with many highly visible dwellings, and have direct connectivity to through streets.
This relaxation does not provide for adequate vehicular circulation. This lack of adequate
interconnections to ensure a variety of alternatives for trip routing fails to maintain and enhance the
functionality of the transportation system. Therefore, this request is not in conformance to or
consistent with Goal 10.8.1 of the Bozeman 2020 Community Plan.
This relaxation is addressed by PUD Preliminary Plan condition #6 and Preliminary Plat condition
#18: The relaxation, from Section 18.44.010.A, Relation to Undeveloped Areas, to not extend
Village Downtown Boulevard to the property line shall NOT be granted. Village Downtown
Boulevard from the current terminus to Front Street, and Front Street from the extended Village
Downtown Boulevard to Broadway shall be constructed to city standard streets. The streets shall
be constructed or financially guaranteed prior to final plat approval. They shall be constructed
and installed prior to issuance of any building permits.
• Improvement of Front Street; (Relaxation #7: Section 18.44.010.B, Relation to Developed
Areas; to not provide for a continuation of Front Street.
See comments above.
This relaxation is addressed by PUD Preliminary Plan condition #7 and Preliminary Plat condition
#18: The relaxation, from Section 18.44.010.B, Relation to Developed Areas, to not provide for a
continuation of Front Street shall NOT be granted. Village Downtown Boulevard from the current
terminus to Front Street, and Front Street from the extended Village Downtown Boulevard to
Broadway shall be constructed to city standard streets. The streets shall be constructed or
financially guaranteed prior to final plat approval. They shall be constructed and installed prior to
issuance of any building permits.
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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.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
PLANNING DEPARTMENT STAFF REPORT
VILLAGE HOMESITES PUD PHASES 1&2 MAJOR SUBDIVISION #P-08004
Item: Subdivision Preliminary Plat Application #P-08004, to subdivide ~ 17
acres into 19 single household lots, one multi household lot, park, open
spaces and trail system on property legally described as Lots 3, 4, and
Common Area #2, Village Boulevard Minor Subdivision No. 344, located
in the Northeast ¼ of Section 7, and Northwest ¼ of Section 8, T2S, R6E,
PMM, City of Bozeman, Gallatin County, Montana.
Owner/Applicant: The Village Investment Group, Inc., 101 East Main Street, Bozeman,
MT 59715.
Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718.
Date/Time: Before the Bozeman Planning Board on Tuesday, July 1, 2008, at 7:00
p.m. in Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana, and
Before the Bozeman City Commission on Monday, July 21, 2008, at 6:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is described as ~ 17 acres of land located north of the intersection of Village
Downtown Boulevard and Village Crossing Way, is legally described as Lots 3, 4, and Common
Area #2, Village Boulevard Minor Subdivision No. 344, located in the Northeast ¼ of Section 7, and
Northwest ¼ of Section 8, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The
property is zoned R-4 (Residential High Density District). Please refer to the vicinity map on the
following page.
PROPOSAL
The applicant is requesting a Major Subdivision Preliminary Plat approval to subdivide ~ 17 acres
into 19 single household lots, one multi household lot, park, open spaces and trail system within a
residential development. The subdivision would have access from Village Downtown Boulevard.
This proposal is being review concurrently with the PUD preliminary plan application.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC). These lots to be subdivided in this application were created by the Broadway
Boulevard Minor Subdivision which was conditionally approved on July 22, 2002. In conjunction
with the 5-lot Broadway Boulevard Subdivision, a variance was granted to not extend Village
Downtown Boulevard to the southeast due to wetlands as presented to the Commission on July 22,
2002.
The applicant has requested the following PUD relaxations:
1. Section 18.16.030.A, Lot Coverage. To allow lot coverage of up to 66 percent instead of the
maximum of 50 percent lot coverage. This relaxation is addressed by PUD Preliminary Plan
condition #1: The relaxation, from Section 18.16.030.A, Lot Coverage, to allow lot coverage of
up to 66 percent instead of the maximum of 50 percent lot coverage shall be granted.
2. Section 18.16.040.A, Lot Area and Width. To allow a minimum lot area of 4,128 square feet
instead of the minimum lot area of 5,000 square feet. This relaxation is addressed by PUD
Preliminary Plan condition #2: The relaxation, from Section 18.16.040.A, Lot Area and Width,
to allow a minimum lot area of 4,128 square feet instead of the minimum lot area of 5,000
square feet shall be granted.
3. Section 18.16.040.B, Lot Area and Width. To allow a minimum lot width of 36 feet instead
of the minimum lot width of 50 feet. This relaxation was addressed by PUD Preliminary Plan
condition #3: The relaxation, from Section 18.16.040.B, Lot Area and Width, to allow a
minimum lot width of 36 feet instead of the minimum lot width of 50 feet shall be granted.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 2
4. Section 18.16.050, Yards. To allow a minimum 4 foot side yard setback instead of
minimum 5 foot side yard setback. This relaxation is addressed by PUD Preliminary Plan
condition #4: The relaxation, from Section 18.16.050, Yards, to allow a minimum 4 foot side
yard setback instead of minimum 5 foot side yard setback shall be granted.
5. Section 18.16.050, Yards. To allow a 10 foot rear yard setback instead of minimum
requirement of 20 feet with alley opening doors. This relaxation is addressed by PUD
Preliminary Plan condition #5: The relaxation, from Section 18.16.050, Yards, to allow a 10 foot
rear yard setback instead of minimum requirement of 20 feet with alley opening doors shall
NOT be granted. All vehicle entrances into garages shall be no closer than 20 feet to the rear
property line.
6. Section 18.44.010.A, Relation to Undeveloped Areas. To not extend Village Downtown
Boulevard to the property line. This relaxation is addressed by PUD Preliminary Plan
condition #6 and Preliminary Plat condition #18: The relaxation, from Section 18.44.010.A,
Relation to Undeveloped Areas, to not extend Village Downtown Boulevard to the property line
shall NOT be granted. Village Downtown Boulevard from the current terminus to Front Street,
and Front Street from the extended Village Downtown Boulevard to Broadway shall be
constructed to city standard streets. The streets shall be constructed or financially guaranteed
prior to final plat approval. They shall be constructed and installed prior to issuance of any
building permits.
7. Section 18.44.010.B, Relation to Developed Areas. To not provide for a continuation of
Front Street. This relaxation is addressed by PUD Preliminary Plan condition #7 and
Preliminary Plat condition #18: The relaxation, from Section 18.44.010.B, Relation to
Developed Areas, to not provide for a continuation of Front Street shall NOT be granted.
Village Downtown Boulevard from the current terminus to Front Street, and Front Street from
the extended Village Downtown Boulevard to Broadway shall be constructed to city standard
streets. The streets shall be constructed or financially guaranteed prior to final plat approval.
They shall be constructed and installed prior to issuance of any building permits.
8. Section 18.44.060.D, Level of Service Standards. To allow the East Main Street and North
Broadway Avenue intersection to operate at level of service less than “D”. This relaxation is
addressed by PUD Preliminary Plan condition #8 and Preliminary Plat condition #19: The
relaxation, from Section 18.44.060.D, Level of Service Standards, to allow the East Main Street
and North Broadway Avenue intersection to operate at level of service less than “D” shall be
granted provided the warrant analysis that was completed 2006 shall either be updated or a
letter from the traffic engineer submitted that certifies he has reviewed current traffic data and
that the results of the warrant analysis are still accurate. If a signal is now warranted, it shall
be installed or financially guaranteed prior to final plat approval. Any required improvements
shall be installed and accepted prior to issuance of any building permits.
9. Section 18.50.060, Frontage. To allow park land to have no frontage on a street. This
relaxation is addressed by PUD Preliminary Plan condition #9: The relaxation, from Section
18.50.060, Frontage, to allow park land to have no frontage on a street shall be granted due to
site constraints including the railroad right-of-way, and the watercourse and floodplain. Signs
shall be installed at all public entrances to the park, with a larger park identification sign being
placed at the primary access to the park. All signage must comply with Parks Division
specifications.
10. Section 18.50.060, Frontage. To not provide the direct pedestrian access to all perimeters of
the park. This relaxation is addressed by PUD Preliminary Plan condition #10: The relaxation,
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 3
from Section 18.50.060, Frontage, to not provide the direct pedestrian access to all perimeters
of the park shall be granted due to the small size of this mini park. Direct pedestrian access shall
be provided as shown in the proposed park plan.
11. Section 18.50.060, Frontage. To not provide land for the required off street parking for the
park. This relaxation is addressed by PUD Preliminary Plan condition #11: The relaxation,
from Section 18.50.060, Frontage, to not provide land for the required off street parking for the
park shall be granted. The additional land as shown in the proposed plan shall be provided. The
applicant shall provide cash in lieu of the remaining additional land for a parking area based on
park perimeter (~ 760 feet) x 14 feet for ~ 10,640 square feet. As the perimeter of the park is
verified, this number shall be recalculated.
12. Section 18.50.060, Frontage. To not construct or provide cash in lieu for the additional off
street parking. This relaxation is addressed by PUD Preliminary Plan condition #12: The
relaxation, from Section 18.50.060, Frontage, to not construct or provide cash in lieu of the
additional off street parking shall NOT be granted. The applicant shall provide, in addition to
construction of the off street parking shown on the proposed plan, an equivalent dollar value of
non-parking improvements to the park or public trail corridor in lieu of construction of
additional parking.
The applicant has requested the following waiver:
• Section 18.42.180.C.5, Provision of Affordable Housing. To designate 14 units in the Village
Lofts multi family development as Restricted Size Units. This waiver is addressed by
Preliminary Plat condition #1: The request for a waiver under Section 18.42.180.C.5, Provision
of Affordable Housing, to designate 14 units in the Village Lofts multi family development as
Restricted Size Dwelling Units in an affordable housing complex is approved subject to the
following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2, including
Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net buildable area is
~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the 84
dwelling units constructed in the Village Lofts on Lot 3A was based on the net buildable area
of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village Lofts),
and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not fulfill the
requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted Size
Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and 2 shall
be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which lots /
units are reserved to meet the RSL requirement and subject to the RSU restrictions. The RSL
/ RSU designation shall be recorded on the individual lots / units in a manner that will
appear on a title search and include reference to the sunset provisions of Section 18.42.180.
ZONING DESIGNATION & LAND USES
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 4
The subject property is zoned R-4 (Residential High Density District). The intent of the R-4
residential district is to provide for high-density residential development through a variety of
housing types within the City with associated service functions. This will provide for a variety of
compatible housing types to serve the varying needs of the community’s residents. The net density,
as defined in Chapter 18.80, BMC, for new “R-4” developments shall be 8 dwellings per acre or
greater. The 19 single household lots in the Village Homesites project have a net density of ~ 8
dwelling units per acre. The following land uses and zoning are adjacent to the subject property:
North: M-1 (Light Manufacturing); Industrial uses.
M-2 (Manufacturing and Industrial); Railroad right-of-way.
South: R-4 (Residential High Density); Village Lofts.
R-O (Residential Office); Village Townhouses.
East: M-1 (Light Manufacturing); Railroad right-of-way, wetlands.
West: M-1 (Light Manufacturing); Industrial uses.
ADOPTED GROWTH POLICY
The property is currently designated as “Residential” in the Bozeman 2020 Community Plan. The
R-4 (Residential High Density District) zoning designation is consistent with the “Residential” land
use designation of the property.
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.
Specific residential goals described in 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
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 5
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.
The proposal is not in conformance to or consistent with the Bozeman 2020 Community Plan
relating to the following transportation goals.
• Goal 10.8.1. Transportation System–Maintain and enhance the functionality of the
transportation system.
• Objective 4. Ensure that adequate interconnections are made throughout the
transportation system to ensure a variety of alternatives for trip routing.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application was reviewed by DRC prior to the City Commission review on April 23, 2007,
and the following concerns were noted: connection of Village Downtown Boulevard to Front Street;
improvement of Front Street; level of service at North Broadway Avenue onto East Main Street;
wetlands preservation; park frontage and parking; pedestrian access; project design in accordance
with code; relaxations; impact on the Village Downtown Lofts PUD Approved Final Plan.
Provided below is a summary review of the Preliminary Plat Supplements submitted with the
Preliminary Plat application.
A. Surface Water:
The Mill Ditch Diversion borders the property on the west and north sides. The Streams and Ditches
Map for the City of Bozeman, provided by the Montana Department of Fish, Wildlife & Parks,
identified the watercourse as a “ditch”. A wetlands delineation of the property was previously
prepared. A wetland on the northeast portion of the property, is classified as depressional and due to
the hydrologic connection with the East Gallatin River, is likely jurisdictional. As a result, any
activity within the identified watercourse and/or wetlands area (i.e., road construction) will require
applicable 310 and/or 404 permits. The Wetlands Review Board reviewed the wetlands proposal.
The following conditions address the wetlands.
• Plat Condition #2. If required by the U.S. Army Corps of Engineers, the northwest boundary of
Wetland #1 shall be redelineated.
• Plat Condition #3. A scaled drawing identifying any nearby surface water occurrences;
including watercourses, wetlands, watercourse setbacks, floodplains, etc. shall be provided to
verify that all BMC requirements are met.
• Plat Condition #4. A scaled drawing showing the redelineation of Wetland #1 which includes
updated representative wetland boundaries and setbacks from those boundaries shall be
provided. On that map provide proposed site development including: infrastructure, trails
bridges, stormwater facilities and lot layout. Also show wetland or water features that occur on
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 6
immediately adjacent land to Village Homesites property – along any property boundary where
proposed development is planned.
• Plat Condition #5. Within a 50-foot buffer extending from the wetland boundary, measures
should be taken to protect existing trees. The final plat/plan submittal shall describe the
preservation measures being implemented to protect the existing trees.
• Plat Condition #6. No building shall be located within a 50-foot buffer extending from the
wetland boundary.
B. Floodplains:
A Flood Hazard Evaluation has previously been prepared for the Mill Ditch Diversion and a 100-
year floodplain established by FEMA. A portion of the original Lot 3 falls within the floodplain,
none of the proposed residential lots fall within the floodplain. The 100-year floodplain shall be
shown on the final plat. All building must be flood proofed to at least 2’ above the 100-year flood
elevation. Any activity within the designated floodplain will require a Floodplain Development
Permit.
C. Groundwater:
Groundwater depths in the area of Village Downtown vary greatly due to topography changes, and
proximity to the ditch, watercourse and wetlands. The applicant’s supplemental information
anticipates shallow groundwater depths of 1 to 3 feet. Buildings proposed for construction with
crawl spaces or basements shall include Engineer Certification regarding depth of ground water and
soil conditions and proposed mitigation methods to be submitted with each Building Permit. The
Final Plat shall include a notation that due to high ground water conditions full or partial basements
are not recommended. Installation of municipal water and sanitary sewer services will greatly
reduce any concerns regarding the potential of groundwater degradation.
D. Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade
are evident.
Of the principle soil types identified by the Department of Natural Resources Conservation Service
in the area, they are considered to have fair to limited for most types of development due to potential
for shrink-swell, depth to saturation zone and potential for flooding.
E. Vegetation:
Some significant levels of mature vegetation (trees and large bushes) exist in and around the
wetlands portion of the site. The Wetlands Review Board has recommended that trees located
adjacent to the wetlands shall be protected.
F. Wildlife:
Due to the historic use of the property, any potential impacts to wildlife and wildlife habitat are
limited to white-tailed deer, small mammals and birds. No known endangered species or critical
game ranges have been identified in the area. The 50-foot setback along the Mill Ditch Diversion
will protect any riparian environment already established on the property. The applicant’s
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 7
supplemental information indicates that the wetland area will be left undisturbed and undeveloped.
G. Historical Features:
A historic overview of the property was developed in 2002. A plaque was previously installed on the
property to document the history of the site.
H. Agriculture:
There have not been agricultural operations on the property for many years. This property has been
located within the municipal limits and designated for urban development for many years.
I. Agricultural Water User Facilities:
The applicant has indicated that agricultural water levels in the Mill Ditch Diversion will be
maintained.
J. Water and Sewer:
An extension of municipal water mains in the area provides water for domestic and fire protection
services. An extension of municipal sewage lines provides for sewage collection and disposal. Final
approval of the water distribution system and sewage collection and disposal system for this
subdivision proposal will be obtained through the normal approval procedures of preliminary and
final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana
Department of Environmental Quality.
K. Stormwater Management:
Detention ponds located within the open space areas of the subdivision will provide stormwater
management. The standard requirement for a Stormwater Master Plan applies to this project.
L. Streets, Roads, and Alleys:
Access: Access to the subdivision will be from Village Downtown Boulevard. Village Downtown
Boulevard is a curved, ~1,300-foot cul-de-sac, which intersects with East Mendenhall Street at
North Broadway Avenue. In conjunction with the 5-lot Broadway Boulevard Subdivision
conditionally approved on July 22, 2002, a variance was granted to not extend Village
Downtown Boulevard to the southeast due to wetlands. A major subdivision and a high-density
site plan have been approved subsequent to the minor subdivision in 2002. With approximately
112 dwelling units constructed or under construction, and 84 additional dwelling units approved,
it seems to be appropriate to address connectivity and public health and safety. Village
Downtown Boulevard should be improved to Front Street with Front Street improved to the
west. According to information received from MRL, the City of Bozeman’s Front Street right of
way is senior to the MRL easement. Some proponents of cul-de-sacs support them for safety
reasons. Review of literature has found that well-connected streets with plenty of foot traffic and
many highly visible dwellings provide the safest locations. The safest cul-de-sacs are short and
straight, with many highly visible dwellings, and have direct connectivity to through streets.
The relaxations requested by the applicant for the extension of Village Downtown Boulevard to
connect to Front Street and improvement of Front Street do not provide for adequate vehicular
circulation. This lack of adequate interconnections to ensure a variety of alternatives for trip
routing fails to maintain and enhance the functionality of the transportation system. Therefore,
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 8
this request is not in conformance with Goal 10.8.1. of the Bozeman 2020 Community Plan, and
denial of these relaxations was recommended.
Capacity: Village Downtown Boulevard is a local street.
Relaxation: The applicant has requested the following relaxations:
• Section 18.44.010.A, Relation to Undeveloped Areas. To not extend Village Downtown
Boulevard to the property line. This relaxation is addressed by PUD Preliminary Plan
condition #6 and Preliminary Plat condition #18: The relaxation, from Section 18.44.010.A,
Relation to Undeveloped Areas, to not extend Village Downtown Boulevard to the property line
shall NOT be granted. Village Downtown Boulevard from the current terminus to Front Street,
and Front Street from the extended Village Downtown Boulevard to Broadway shall be
constructed to city standard streets. The streets shall be constructed or financially guaranteed
prior to final plat approval. They shall be constructed and installed prior to issuance of any
building permits.
• Section 18.44.010.B, Relation to Developed Areas. To not provide for a continuation of
Front Street. This relaxation is addressed by PUD Preliminary Plan condition #7 and
Preliminary Plat condition #18: The relaxation, from Section 18.44.010.B, Relation to
Developed Areas, to not provide for a continuation of Front Street shall NOT be granted.
Village Downtown Boulevard from the current terminus to Front Street, and Front Street from
the extended Village Downtown Boulevard to Broadway shall be constructed to city standard
streets. The streets shall be constructed or financially guaranteed prior to final plat approval.
They shall be constructed and installed prior to issuance of any building permits.
• Section 18.44.060.D, Level of Service Standards. To allow the East Main Street and North
Broadway Avenue intersection to operate at level of service less than “D”. This relaxation is
addressed by PUD Preliminary Plan condition #8 and Preliminary Plat condition #19: The
relaxation, from Section 18.44.060.D, Level of Service Standards, to allow the East Main Street
and North Broadway Avenue intersection to operate at level of service less than “D” shall be
granted provided the warrant analysis that was completed 2006 shall either be updated or a
letter from the traffic engineer submitted that certifies he has reviewed current traffic data and
that the results of the warrant analysis are still accurate. If a signal is now warranted, it shall
be installed or financially guaranteed prior to final plat approval. Any required improvements
shall be installed and accepted prior to issuance of any building permits.
Traffic Generation: The May 2003 Traffic Impact Study is included in the applicant’s submittal.
This study did not specifically address these proposed units, however interpreted from the
study, this subdivision will generate about 112 average weekday trip ends. The study
indicates that the entire project will generate 1,379 average weekday trip ends.
Trails: One future trail corridor through this project is indicated on Figure 6.5 of the Bozeman Area
Transportation Plan 2001 Update. The indicated trail corridor runs northwest / southeast,
from Front Street to the existing trail corridor on the old railroad berm at the southeastern
property line. The trail system around the subdivision appears to provide this connectivity.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 9
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services. All utilities and necessary utility easements will be provided and depicted on the final plat.
Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be
provided unless written confirmation is submitted to the Planning Department from ALL utility
companies providing service indicating that front yard easements are not needed.
N. Educational Facilities:
Bozeman School District #7 responded in 2003 that the current bus system can accommodate the
students generated by this subdivision.
O. Land Use:
Village Homesites PUD Subdivision contains residential land uses with 19 single-household lots and
one multi household lot. The 19 single household lots in the Village Homesites project have a net
density of ~ 8 dwelling units per acre. The Community Affordable Housing Advisory Board
reviewed the proposal and waiver request, and recommended conditions. This subdivision
preliminary plat was submitted prior to August 15, 2007 and is not subject to the Workforce Housing
Ordinance.
RSLs: The applicant has requested the following waiver:
• Section 18.42.180.C.5, Provision of Affordable Housing. To designate 14 units in the Village
Lofts multi family development as Restricted Size Units. This waiver is addressed by
Preliminary Plat condition #1: The request for a waiver under Section 18.42.180.C.5, Provision
of Affordable Housing, to designate 14 units in the Village Lofts multi family development as
Restricted Size Dwelling Units in an affordable housing complex is approved subject to the
following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2, including
Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net buildable area is
~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the 84
dwelling units constructed in the Village Lofts on Lot 3A was based on the net buildable area
of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village Lofts),
and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not fulfill the
requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted Size
Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and 2 shall
be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which lots /
units are reserved to meet the RSL requirement and subject to the RSU restrictions. The RSL
/ RSU designation shall be recorded on the individual lots / units in a manner that will
appear on a title search and include reference to the sunset provisions of Section 18.42.180.
Relaxations: The applicant has requested the following relaxations:
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 10
• Section 18.16.030.A, Lot Coverage. To allow lot coverage of up to 66 percent instead of the
maximum of 50 percent lot coverage. This relaxation is addressed by PUD Preliminary Plan
condition #1: The relaxation, from Section 18.16.030.A, Lot Coverage, to allow lot coverage of
up to 66 percent instead of the maximum of 50 percent lot coverage shall be granted.
• Section 18.16.040.A, Lot Area and Width. To allow a minimum lot area of 4,128 square feet
instead of the minimum lot area of 5,000 square feet. This relaxation is addressed by PUD
Preliminary Plan condition #2: The relaxation, from Section 18.16.040.A, Lot Area and Width,
to allow a minimum lot area of 4,128 square feet instead of the minimum lot area of 5,000
square feet shall be granted.
• Section 18.16.040.B, Lot Area and Width. To allow a minimum lot width of 36 feet instead
of the minimum lot width of 50 feet. This relaxation was addressed by PUD Preliminary Plan
condition #3: The relaxation, from Section 18.16.040.B, Lot Area and Width, to allow a
minimum lot width of 36 feet instead of the minimum lot width of 50 feet shall be granted.
• Section 18.16.050, Yards. To allow a minimum 4 foot side yard setback instead of
minimum 5 foot side yard setback. This relaxation is addressed by PUD Preliminary Plan
condition #4: The relaxation, from Section 18.16.050, Yards, to allow a minimum 4 foot side
yard setback instead of minimum 5 foot side yard setback shall be granted.
• Section 18.16.050, Yards. To allow a 10 foot rear yard setback instead of minimum
requirement of 20 feet with alley opening doors. This relaxation is addressed by PUD
Preliminary Plan condition #5: The relaxation, from Section 18.16.050, Yards, to allow a 10 foot
rear yard setback instead of minimum requirement of 20 feet with alley opening doors shall
NOT be granted. All vehicle entrances into garages shall be no closer than 20 feet to the rear
property line.
P. Parks and Recreation Facilities:
Dedication: For 19 single-household lots, 0.57 acres of park land is required to be dedicated to the
City of Bozeman. The preliminary plat shows 0.72 acres for dedication as park land. The Village
Lofts site plan has previous met the park land requirements through cash-in-lieu. The
Subdivision Review Committed of the Recreation and Parks Advisory Board reviewed the park
proposal and recommended conditions.
The 2008 PROST Plan would describe this as a mini park. According to the PROST Plan, mini
parks are used to address limited, isolated or unique recreational needs. They are often
developed as tot lots to provide recreational opportunities for young children with slides, swings,
spring toys and the like. They may also function as landscaped public use areas in
commercialized parts of town. The service area for a mini park is a ¼-mile radius around the
park in a residential setting. Accessibility by way of interconnecting trails, sidewalks, or low-
volume residential streets increases use opportunities. Recognizable public access should be
provided with at least 50 feet of frontage on a public or approved private street. In terms of size,
they are generally between 2,500 square feet and one acre in size. Soroptomist and Creekside
Parks are good examples of mini parks.
Because of the maintenance costs with mini parks, the following condition is suggested:
Plat Condition #7. Due to the small size of this mini park, the property owner’s association shall
be responsible of maintenance of the dedicated park in perpetuity.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 11
Relaxations: The applicant has requested the following relaxations:
• Section 18.50.060, Frontage. To allow park land to have no frontage on a street. This
relaxation is addressed by PUD Preliminary Plan condition #9: The relaxation, from Section
18.50.060, Frontage, to allow park land to have no frontage on a street shall be granted due to
site constraints including the railroad right-of-way, and the watercourse and floodplain. Signs
shall be installed at all public entrances to the park, with a larger park identification sign being
placed at the primary access to the park. All signage must comply with Parks Division
specifications.
• Section 18.50.060, Frontage. To not provide the direct pedestrian access to all perimeters of
the park. This relaxation is addressed by PUD Preliminary Plan condition #10: The relaxation,
from Section 18.50.060, Frontage, to not provide the direct pedestrian access to all perimeters
of the park shall be granted due to the small size of this mini park. Direct pedestrian access shall
be provided as shown in the proposed park plan.
• Section 18.50.060, Frontage. To not provide land for the required off street parking for the
park. This relaxation is addressed by PUD Preliminary Plan condition #11: The relaxation,
from Section 18.50.060, Frontage, to not provide land for the required off street parking for the
park shall be granted. The additional land as shown in the proposed plan shall be provided. The
applicant shall provide cash in lieu of the remaining additional land for a parking area based on
park perimeter (~ 760 feet) x 14 feet for ~ 10,640 square feet. As the perimeter of the park is
verified, this number shall be recalculated.
• Section 18.50.060, Frontage. To not construct or provide cash in lieu for the additional off
street parking. This relaxation is addressed by PUD Preliminary Plan condition #12: The
relaxation, from Section 18.50.060, Frontage, to not construct or provide cash in lieu of the
additional off street parking shall NOT be granted. The applicant shall provide, in addition to
construction of the off street parking shown on the proposed plan, an equivalent dollar value of
non-parking improvements to the park or public trail corridor in lieu of construction of
additional parking.
PUD Open Space: Since all of the open space in this proposed subdivision is publicly accessible
with recreation pathways, only 16% of the non-dedicated portion of the project must be PUD
open space. The open space shall be landscaped by the applicant in a manner that shall meet
or exceed the standards of Chapter 18.48. The Open Space Plan depicts several linear
landscaped areas and trail system. The Open Space Plan encircles the wetlands, but does not
include all of it.
Q. Neighborhood Center Plan:
The Village Homesites PUD project has a net lot area of ~ 2.5 acres, and is not required to provide a
neighborhood center.
R. Lighting Plan.
Street lighting was addressed with the Broadway Boulevard Minor Subdivision in 2002. The
street lights need to be installed, and are financially guaranteed.
S. Miscellaneous:
The proposed subdivision is not adjacent to any public lands. No direct impacts to any public lands
have been identified with this subdivision proposal.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 12
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity and the effect on the local fire service area discussed below.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrates that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and
other adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the
following primary review criteria for the governing body to consider when evaluating subdivisions.
Planning Staff, the DRC, the WRB, the R&PAB Subdivision Review Committee and other
reviewing agencies have made comments in relation to those and other criteria as described below,
and have recommended conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
The property is annexed, and has been zoned and master planned for residential development
for many years.
2. Effects on Agricultural Water User Facilities.
The applicant has indicated that agricultural water levels in the Mill Ditch Diversion will be
maintained. In addition, the Montana Fish, Wildlife and Parks, NRCS, Montana Department
of Environmental Quality, and Army Corps of Engineer's must be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final plat approval.
3. Effects on Local Services.
Water/Sewer: The standard code requirements apply, including the requirements for plans
and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required water and sewer infrastructure improvements, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior
to final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu
must be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 13
subdivider must obtain addresses for the new lots from the City Engineering Division prior
to filing of the final plat to facilitate fire and police response to the site.
Streets: Access to the subdivision will be from Village Downtown Boulevard. The standard
code requirements apply, including the requirements for plans and specifications, detailed
design reports, and engineering services for construction inspection, post-construction
certification and preparation of mylar record drawings applies. No building permits will be
issued prior substantial completion and City acceptance of required street infrastructure
improvements, unless otherwise permitted under the BMC. Street improvements, including
lighting, must be completed or financially guaranteed prior to final plat approval.
The applicant has requested two relaxations that are related to the effects on streets.
• Connection of Village Downtown Boulevard to Front Street (Relaxation #6: Section
18.44.010.A, Relation to Undeveloped Areas; to not extend Village Downtown
Boulevard to the property line).
• Improvement of Front Street; (Relaxation #7: Section 18.44.010.B, Relation to
Developed Areas; to not provide for a continuation of Front Street).
Village Downtown Boulevard is a curved, ~1,300-foot cul-de-sac, which is an extension of
East Mendenhall Street at its intersection with North Broadway Avenue. In conjunction with
the 5-lot Broadway Boulevard Subdivision conditionally approved on July 22, 2002, a
variance was granted to not extend Village Downtown Boulevard to the southeast due to
wetlands. A major subdivision and a high-density site plan have been approved subsequent
to the minor subdivision in 2002. With approximately 112 dwelling units constructed or
under construction, and 84 additional dwelling units approved, it seems to be appropriate to
address connectivity and public health and safety. Village Downtown Boulevard should be
improved to Front Street with Front Street improved to the northwest. According to
information received from MRL, the City of Bozeman’s Front Street right of way is senior to
the MRL easement. Some proponents of cul-de-sacs support them for safety reasons. Review
of literature has found that well-connected streets with plenty of foot traffic and many highly
visible dwellings provide the safest locations. The safest cul-de-sacs are short and straight,
with many highly visible dwellings, and have direct connectivity to through streets.
These relaxations do not provide for adequate vehicular circulation. This lack of adequate
interconnections to ensure a variety of alternatives for trip routing fails to maintain and
enhance the functionality of the transportation system. Therefore, this request for these two
relaxations potentially has an adverse effect on the provision of local services.
In addition, the applicant has requested a third relaxation related to streets.
• Relaxation #8: Section 18.44.060.D, Level of Service Standards; to allow the East Main
Street and North Broadway Avenue intersection to operate at level of service less than
“D”. The relaxation, from Section 18.44.060.D, Level of Service Standards, to allow the
East Main Street and North Broadway Avenue intersection to operate at level of service
less than “D” shall be granted provided the warrant analysis that was completed 2006
shall either be updated or a letter from the traffic engineer submitted that certifies he has
reviewed current traffic data and that the results of the warrant analysis are still
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 14
accurate. If a signal is now warranted, it shall be installed or financially guaranteed
prior to final plat approval. Any required improvements shall be installed and accepted
prior to issuance of any building permits.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat.
Based on the information provided, staff is recommending that the Final Plat shall include a
notation that due to high ground water conditions full or partial basements are not
recommended. Installation of municipal water and sanitary sewer services will greatly
reduce any concerns regarding the potential of groundwater degradation. Buildings proposed
for construction with crawl spaces or basements shall include Engineer Certification
regarding depth of ground water and soil conditions and proposed mitigation methods to be
submitted with each Building Permit.
5. Effects on Wildlife and Wildlife Habitat.
Due to the historic use of the property, any potential impacts to wildlife and wildlife habitat
are limited to white-tailed deer, small mammals and birds. No known endangered species or
critical game ranges have been identified in the area. The 50-foot setback along the Mill
Ditch Diversion will protect any riparian environment already established on the property.
The applicant’s supplemental information indicates that the wetland area will be left
undisturbed and undeveloped.
6. Effects on Public Health and Safety.
Because municipal sewer will service future development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and
general welfare. The subdivision has been reviewed and determined to be in general
compliance with the title. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report.
B. Compliance with the following:
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 15
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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 following requirements are standards of the Bozeman Municipal Code and
shall be addressed on the final plat:
a. Per Section 18.50.090, 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.
b. Section 18.50.080.D states that storm water retention or detention facilities may be
located within a park but cannot count towards the final parkland dedication.
c. Section 18.50.080 states that the subdivider must decide on the improvements to be
completed by the subdivider prior Final Park Plan approval. At a minimum these
improvements included; leveling any park area(s), amending the soil, seeding disturbed
areas to allow mowing with turf type mowers, installing an underground irrigation
system with well, boundary posts and sidewalks. In addition, these improvements
include the parking area or improvements in lieu, the trail system to provide direct
pedestrian access to the perimeter, and watercourse landscaping.
d. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’
association shall be submitted with the final plat application for review and approval by
the Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public pathway/trails, snow removal, and other
areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal
Code.
e. Prior to final plat approval, a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Municipal Code. 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
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 16
f. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior
to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
g. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
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;
one (1) PDF copy; and five (5) paper prints.
h. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the subdivider may submit a letter of request for the extension of the
period to the Planning Director for the City Commission’s consideration. The City
Commission may, at the written request of the subdivider, extend its approval for no
more than one calendar year, except that the City Commission may extend its approval
for a period of more than one year if that approval period is included as a specific
condition of a written subdivision improvements agreement between the City
Commission and the subdivider, provided for in §18.74.060, BMC.
i. If it is the subdivider’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, 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 subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
j. 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, and shall include a digital copy (pdf) of the entire Final
Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
k. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 17
silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location
of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the 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 generated by the subdivision (e.g., general lot runoff, public
or private 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.
l. 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. All plans and specification shall comply
with the current version (including all addenda) of the City of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications To Montana
Public Works Standard Specifications Fifth Edition that have been adopted at the time of
approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
m. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public 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.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30 days said
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 18
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
n. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
o. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to
any construction within the floodplain.
b) The 100 year flood plain boundary and flood elevations must be depicted on the final
plat.
c) Culvert sizing design calculations shall be provided for the stream crossing.
d) All buildings must be flood proofed to at least 2' above the 100 year flood elevation.
Elevation Certificates must be provided for each building following completion
of construction.
p. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained
prior to FSP approval.
q. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
r. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
s. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of
the Unified Development Ordinance. This shall be submitted as part of the final site plan
for site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
t. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
u. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 19
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
A subdivision preapplication was submitted in February 9, 2007. The preapplication was
reviewed by the DRC on February 28, March 6, and 17, 2007. The preapplication was
reviewed by the City Commission on April 23, 2007, and a copy of the staff report was
provided to the applicant. The applicant had until April 23, 2008 to submit a preliminary
plat application.
A preliminary plat application was submitted on June 27, 2007. On June 29, 2007, the
applicant was informed that staff was unable to determine that the applications are
acceptable for initial review. Additional information was submitted on these applications on
January 11, 2008. On January 14, 2008, the applicant was informed that the applications did
not contain all of the required information and had been deemed unacceptable for initial
review. Additional information was submitted on the applications on April 17, 2008 and the
required acceptability letter was sent on April 30, 2008.
The preliminary plat was reviewed by the DRC on May 7, 14 and 21, 2008. The required
adequacy letter was hand delivered on May 21, 2008. On the third and final week of DRC
review, a conditional recommendation was forwarded for consideration by the Planning
Board and City Commission.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. Public notice for this application was
placed in the Bozeman Daily Chronicle on Sunday, June 15 and 22, 2008. The site was
posted with a public notice on June 13, 2008. Finally, notice was sent to adjacent property
owners via certified mail, and to other property owners of record within 200 feet of the
subject property via first class mail, on June 13, 2008.
The subdivision staff report was drafted and forwarded with a recommendation of
conditional approval to the Planning Board for consideration at its July 1, 2008, public
hearing. The Planning Board’s advice and comments were forwarded to the City
Commission. The subdivision staff report was forwarded with a recommendation of
conditional approval to the City Commission for consideration. The City Commission will
make a final decision at its July 21, 2008 public hearing. A final decision for a major
subdivision from a tract of record must be made within 60 working days of the date it was
deemed adequate or in this case by August 18, 2008.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall
always be provided unless written confirmation is submitted to the Planning Department
from ALL utility companies providing service indicating that front yard easements are not
needed.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 20
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets.
PUBLIC COMMENT
No public comment has been received to date. Any public comments received after the date of this
report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. The request for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to
designate 14 units in the Village Lofts multi family development as Restricted Size Dwelling
Units in an affordable housing complex is approved subject to the following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the
84 dwelling units constructed in the Village Lofts on Lot 3A was based on the net
buildable area of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village
Lofts), and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not
fulfill the requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and
2 shall be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which
lots / units are reserved to meet the RSL requirement and subject to the RSU restrictions.
The RSL / RSU designation shall be recorded on the individual lots / units in a manner
that will appear on a title search and include reference to the sunset provisions of Section
18.42.180.
2. If required by the U.S. Army Corps of Engineers, the northwest boundary of Wetland #1 shall be
redelineated.
3. A scaled drawing identifying any nearby surface water occurrences; including watercourses,
wetlands, watercourse setbacks, floodplains, etc. shall be provided to verify that all BMC
requirements are met.
4. A scaled drawing showing the redelineation of Wetland #1 which includes updated
representative wetland boundaries and setbacks from those boundaries shall be provided. On that
map provide proposed site development including: infrastructure, trails bridges, stormwater
facilities and lot layout. Also show wetland or water features that occur on immediately adjacent
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 21
land to Village Homesites property – along any property boundary where proposed development
is planned.
5. Within a 50-foot buffer extending from the wetland boundary, measures should be taken to
protect existing trees. The final plat/plan submittal shall describe the preservation measures
being implemented to protect the existing trees.
6. No building shall be located within a 50-foot buffer extending from the wetland boundary.
7. Due to the small size of this mini park, the property owner’s association shall be responsible of
maintenance of the dedicated park in perpetuity.
8. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
9. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25
foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications.
10. All subdivision final plats shall comply with the final approved PUD plan.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public
Access”. Notes shall be included on the plat and in the covenants describing ownership and
maintenance responsibility for all parks, open space, trail corridors, wetlands and/or other
common facilities and areas, e.g.: public park, dedicated to the city and maintained by the
property owners association; and open space, public access, owned by the property owners,
maintained by the property owners association, etc. Park land, open space areas, wetlands and
stormwater facilities shall not be titled as lots or tracts but shall be numbered.
12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval
with the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
13. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat, unless determined by the City Engineer to not be required.
14. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 22
15. 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.
16. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
17. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
18. Village Downtown Boulevard from the current terminus to Front Street, and Front Street from
the extended Village Downtown Boulevard to Broadway shall be constructed to city standard
local streets. The streets shall be constructed or financially guaranteed prior to final plat
approval. They shall be constructed and installed prior to issuance of any building permits.
19. The warrant analysis that was completed 2006 shall either be updated or a letter from the traffic
engineer submitted that certifies he has reviewed current traffic data and that the results of the
warrant analysis are still accurate. If a signal is now warranted, it shall be installed or financially
guaranteed prior to final plat approval. Any required improvements shall be installed and
accepted prior to issuance of any building permits.
20. The relocated storm drain line adjacent to lot 4J shall be shifted east to provide a minimum
clearance of 10’ from the property line.
21. All of the manholes on the portion of sewer main that is being abandoned shall be completely
removed. The abandoned sewer main shall either be completely filled with a lean concrete
mixture, or removed.
22. A street cut permit shall be obtained for the median relocation in Village Downtown Boulevard.
CONCLUSION / RECOMMENDATION
Pursuant to Section 18.06.040.D of the Bozeman Municipal Code, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in
compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to
recommend approval, conditional approval or denial of the preliminary plat application. The Board
shall then provide advice and comments to the Bozeman City Commission for its consideration at its
Monday, July 21, 2008, hearing which begins at 6:00 p.m. The Planning Board Resolution #P-
08004 and minutes from the Planning Board’s July 1, 2008, meeting will be forwarded to the City
Commission and made a part of the Commission’s record.
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 23
#P-08004 Village Homesites PUD Phases 1&2 Major Subdivision Preliminary Plat Staff Report 24
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN
PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY
COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE
APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
BOZEMAN MUNICIPAL CODE.
cc: The Village Investment Group, Inc., 101 East Main Street, Bozeman, MT 59715
C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
Village Homesites PUD Phases 1 & 2 Major Subdivision Preliminary Plat # P08004
RESOLUTION #P-08004
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A SUBDIVISION PRELIMINARY PLAT APPLICATION
ON ~ 17 ACRES TO BE SUBDIVIDED INTO 19 SINGLE HOUSEHOLD LOTS, ONE
MULTI HOUSEHOLD LOT, WITH PARK AND TRAIL SYSTEM. THE PROPERTY IS
ZONED R-4 (RESIDENTIAL HIGH DENSITY DISTRICT), AND IS GENERALLY
LOCATED NORTH OF THE INTERSECTION OF VILLAGE DOWNTOWN BOULEVARD
AND VILLAGE CROSSING WAY. THE PROPERTY IS LEGALLY DESCRIBED AS
LOTS 3, 4, AND COMMON AREA #2, VILLAGE BOULEVARD MINOR SUBDIVISION
NO. 344, LOCATED IN THE NORTHEAST ¼ OF SECTION 7, AND NORTHWEST ¼ OF
SECTION 8, T2S, R6E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the applicant/owner, The Village Investment Group, Inc., 101 East Main Street,
Bozeman, MT 59715; represented by C&H Engineering & Surveying, 1091 Stoneridge Drive,
Bozeman, MT 59718, submitted a Subdivision Preliminary Plat Application on ~ 17 acres to be
subdivide into 19 single household lots, one multi household lot, park and trail system on property
legally described Lots 3, 4, and Common Area #2, Village Boulevard Minor Subdivision No. 344,
located in the Northeast ¼ of Section 7, and Northwest ¼ of Section 8, T2S, R6E, PMM, City of
Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant submitted a PUD Preliminary Plan Application to be reviewed
concurrently with this Subdivision Preliminary Plat Application; and
WHEREAS, the applicant is requesting the following twelve PUD relaxations; and
1. Section 18.16.030.A, Lot Coverage. To allow lot coverage of up to 66 percent instead of the
maximum of 50 percent lot coverage.
2. Section 18.16.040.A, Lot Area and Width. To allow a minimum lot area of 4,128 square feet
instead of the minimum lot area of 5,000 square feet.
3. Section 18.16.040.B, Lot Area and Width. To allow a minimum lot width of 36 feet instead of
the minimum lot width of 50 feet.
4. Section 18.16.050, Yards. To allow a minimum 4 foot side yard setback instead of minimum 5
foot side yard setback.
5. Section 18.16.050, Yards. To allow a 10 foot rear yard setback instead of minimum requirement
of 20 feet with alley opening doors.
6. Section 18.44.010.A, Relation to Undeveloped Areas. To not extend Village Downtown
Boulevard to the property line.
7. Section 18.44.010.B, Relation to Developed Areas. To not provide for a continuation of Front
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Street.
8. Section 18.44.060.D, Level of Service Standards. To allow the East Main Street and North
Broadway Avenue intersection to operate at level of service less than “D”.
9. Section 18.50.060, Frontage. To allow park land to have no frontage on a street.
10. Section 18.50.060, Frontage. To not provide the direct pedestrian access to all perimeters of the
park.
11. Section 18.50.060, Frontage. To not provide land for the required off street parking for the park.
12. Section 18.50.060, Frontage. To not construct or provide cash in lieu for the additional off street
parking.
WHEREAS, the applicant is requesting a waiver from Section 18.42.180.C.5, Provision of
Affordable Housing, to designate 14 units in the Village Lofts multi family development as
Restricted Size Units; and
WHEREAS, the proposed Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Municipal Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, July 1,
2008, to receive and review all written and oral testimony on the request for said Subdivision
Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for
said Subdivision Preliminary Plat Application; and
WHEREAS, relaxation #1 is addressed by PUD Preliminary Plan condition #1: The
relaxation, from Section 18.16.030.A, Lot Coverage, to allow lot coverage of up to 66 percent
instead of the maximum of 50 percent lot coverage shall be granted.; and
WHEREAS, relaxation #2 is addressed by PUD Preliminary Plan condition #2: The
relaxation, from Section 18.16.040.A, Lot Area and Width, to allow a minimum lot area of 4,128
square feet instead of the minimum lot area of 5,000 square feet shall be granted.; and
WHEREAS, relaxation #3 is addressed by PUD Preliminary Plan condition #3: The
relaxation, from Section 18.16.040.B, Lot Area and Width, to allow a minimum lot width of 36 feet
instead of the minimum lot width of 50 feet shall be granted.; and
WHEREAS, relaxation #4 is addressed by PUD Preliminary Plan condition #4: The
relaxation, from Section 18.16.050, Yards, to allow a minimum 4 foot side yard setback instead of
minimum 5 foot side yard setback shall be granted; and
WHEREAS, relaxation #5 is addressed by PUD Preliminary Plan condition #5: The
relaxation, from Section 18.16.050, Yards, to allow a 10 foot rear yard setback instead of minimum
requirement of 20 feet with alley opening doors shall NOT be granted. All vehicle entrances into
garages shall be no closer than 20 feet to the rear property line.; and
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WHEREAS, relaxation #6 is addressed by PUD Preliminary Plan condition #6 and
Preliminary Plat condition #18: The relaxation, from Section 18.44.010.A, Relation to Undeveloped
Areas, to not extend Village Downtown Boulevard to the property line shall NOT be granted.
Village Downtown Boulevard from the current terminus to Front Street, and Front Street from the
extended Village Downtown Boulevard to Broadway shall be constructed to city standard streets.
The streets shall be constructed or financially guaranteed prior to final plat approval. They shall be
constructed and installed prior to issuance of any building permits.; and
WHEREAS, relaxation #7 is addressed by PUD Preliminary Plan condition #7 and
Preliminary Plat condition #18: The relaxation, from Section 18.44.010.B, Relation to Developed
Areas, to not provide for a continuation of Front Street shall NOT be granted. Village Downtown
Boulevard from the current terminus to Front Street, and Front Street from the extended Village
Downtown Boulevard to Broadway shall be constructed to city standard streets. The streets shall be
constructed or financially guaranteed prior to final plat approval. They shall be constructed and
installed prior to issuance of any building permits.; and
WHEREAS, relaxation #8 is addressed by PUD Preliminary Plan condition #8 and
Preliminary Plat condition #19: The relaxation, from Section 18.44.060.D, Level of Service
Standards, to allow the East Main Street and North Broadway Avenue intersection to operate at
level of service less than “D” shall be granted provided the warrant analysis that was completed
2006 shall either be updated or a letter from the traffic engineer submitted that certifies he has
reviewed current traffic data and that the results of the warrant analysis are still accurate. If a
signal is now warranted, it shall be installed or financially guaranteed prior to final plat approval.
Any required improvements shall be installed and accepted prior to issuance of any building
permits.; and
WHEREAS, relaxation #9 is addressed by PUD Preliminary Plan condition #9: The
relaxation, from Section 18.50.060, Frontage, to allow park land to have no frontage on a street
shall be granted due to site constraints including the railroad right-of-way, and the watercourse and
floodplain. Signs shall be installed at all public entrances to the park, with a larger park
identification sign being placed at the primary access to the park. All signage must comply with
Parks Division specifications.; and
WHEREAS, relaxation #10 is addressed by PUD Preliminary Plan condition #10: The
relaxation, from Section 18.50.060, Frontage, to not provide the direct pedestrian access to all
perimeters of the park shall be granted due to the small size of this mini park. Direct pedestrian
access shall be provided as shown in the proposed park plan.; and
WHEREAS, relaxation #11 is addressed by PUD Preliminary Plan condition #11: The
relaxation, from Section 18.50.060, Frontage, to not provide land for the required off street parking
for the park shall be granted. The additional land as shown in the proposed plan shall be provided.
The applicant shall provide cash in lieu of the remaining additional land for a parking area based
on park perimeter (~ 760 feet) x 14 feet for ~ 10,640 square feet. As the perimeter of the park is
verified, this number shall be recalculated.; and
WHEREAS, relaxation #12 is addressed by PUD Preliminary Plan condition #12: The
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relaxation, from Section 18.50.060, Frontage, to not construct or provide cash in lieu of the
additional off street parking shall NOT be granted. The applicant shall provide, in addition to
construction of the off street parking shown on the proposed plan, an equivalent dollar value of non-
parking improvements to the park or public trail corridor in lieu of construction of additional
parking.; and
WHEREAS, the Community Affordable Housing Advisory Board reviewed the application,
waiver requrest and recommended Condition #1: The request for a waiver under Section
18.42.180.C.5, Provision of Affordable Housing, to designate 14 units in the Village Lofts multi
family development as Restricted Size Dwelling Units in an affordable housing complex is approved
subject to the following conditions; and
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the
84 dwelling units constructed in the Village Lofts on Lot 3A was based on the net
buildable area of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village
Lofts), and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not
fulfill the requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and
2 shall be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which
lots / units are reserved to meet the RSL requirement and subject to the RSU restrictions.
The RSL / RSU designation shall be recorded on the individual lots / units in a manner
that will appear on a title search and include reference to the sunset provisions of Section
18.42.180.
WHEREAS, the applicant described the application, expressed concerns with recommended
conditions of approval forwarded by various reviewing agencies and the Development Review
Committee; and
WHEREAS, the applicant expressed concern with the number of lots described - indicating
that the wetlands was a lot; and
WHEREAS, the applicant expressed concern with the recommendations on Relaxations 5, 6,
and 7; and
WHEREAS, the applicant expressed concern with recommended condition of approval #1,
explaining that he did not agree with the CAHAB calculation, 14 restricted size multi-household
units were more than required, and he should not be required to designate two single-household lots
as Restricted Size Lots; and
WHEREAS, the applicant expressed concern with condition of approval #18 explaining that
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the Front Street connection and improvement would jeopardize safety in the development, and that
no traffic from the development would go that way, and that only industrial traffic would use the
connection; and
WHEREAS, the applicant expressed concern with condition of approval #19 emphasizing
that he would not be 100% financially responsible for installation of the traffic signal when it was
warranted; and
WHEREAS, no members of the public were present speaking in favor of or opposition to
said Subdivision Preliminary Plat; and
WHEREAS, members of the City of Bozeman Planning Board discussed the RSL
requirement, CAHAB’s recommendation, and the affordability of the RSLs; and
WHEREAS, City of Bozeman Planning Board, on a vote of 4 to 2, recommends to the
Bozeman City Commission that Condition #1 be amended to read as follows; and
1. The request for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to
designate 14 units in the Village Lofts multi family development as Restricted Size Dwelling
Units in an affordable housing complex is approved. subject to the following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the
84 dwelling units constructed in the Village Lofts on Lot 3A was based on the net
buildable area of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village
Lofts), and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not
fulfill the requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and
2 shall be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which
lots / units are reserved to meet the RSL requirement and subject to the RSU restrictions.
The RSL / RSU designation shall be recorded on the individual lots / units in a manner
that will appear on a title search and include reference to the sunset provisions of Section
18.42.180.
WHEREAS, members of the City of Bozeman Planning Board discussed the relaxation for
the 10” rear yard setback and determined that it was not within their scope; and
WHEREAS, members of the City of Bozeman Planning Board discussed the need for the
Front Street connection, the status of the emergency access, prohibiting truck traffic, the
continuation of Front Street to Oak; and
WHEREAS, City of Bozeman Planning Board, on a vote of 2 to 4, did not recommend to the
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Bozeman City Commission that Condition #18 be struck; and
WHEREAS, members of the City of Bozeman Planning Board recommended that the City
make every effort to restrict use of the Front Street connection to typical residential and local traffic;
and
WHEREAS, City of Bozeman Planning Board, on a vote of 4 to 2, recommends to the
Bozeman City Commission that Condition #18 be amended to read as follows; and
18. Village Downtown Boulevard from the current terminus to Front Street, and Front Street from
the extended Village Downtown Boulevard to Broadway shall be constructed to city standard
local streets. The streets shall be constructed or financially guaranteed prior to final plat
approval. They shall be constructed and installed prior to issuance of any building permits an
emergency access standard.
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a
vote of 5 to 1, recommends to the Bozeman City Commission that the ~ 17 acres to be subdivide into
19 single household lots, one multi household lot, park and trail system on property legally
described Lots 3, 4, and Common Area #2, Village Boulevard Minor Subdivision No. 344, located in
the Northeast ¼ of Section 7, and Northwest ¼ of Section 8, T2S, R6E, PMM, City of Bozeman,
Gallatin County, Montana, be approved with the 22 conditions which follow; and
1. The request for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to
designate 14 units in the Village Lofts multi family development as Restricted Size Dwelling
Units in an affordable housing complex is approved. subject to the following conditions.
f. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
g. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the
84 dwelling units constructed in the Village Lofts on Lot 3A was based on the net
buildable area of Lot 3A.
h. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village
Lofts), and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not
fulfill the requirement of the BMC.
i. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and
2 shall be designated as Restricted Size Lots.
j. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which
lots / units are reserved to meet the RSL requirement and subject to the RSU restrictions.
The RSL / RSU designation shall be recorded on the individual lots / units in a manner
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Village Homesites PUD Phases 1 & 2 Major Subdivision Preliminary Plat # P08004
that will appear on a title search and include reference to the sunset provisions of Section
18.42.180. (Amendment as recommended by Planning Board)
2. If required by the U.S. Army Corps of Engineers, the northwest boundary of Wetland #1 shall be
redelineated.
3. A scaled drawing identifying any nearby surface water occurrences; including watercourses,
wetlands, watercourse setbacks, floodplains, etc. shall be provided to verify that all BMC
requirements are met.
4. A scaled drawing showing the redelineation of Wetland #1 which includes updated
representative wetland boundaries and setbacks from those boundaries shall be provided. On that
map provide proposed site development including: infrastructure, trails bridges, stormwater
facilities and lot layout. Also show wetland or water features that occur on immediately adjacent
land to Village Homesites property – along any property boundary where proposed development
is planned.
5. Within a 50-foot buffer extending from the wetland boundary, measures should be taken to
protect existing trees. The final plat/plan submittal shall describe the preservation measures
being implemented to protect the existing trees.
6. No building shall be located within a 50-foot buffer extending from the wetland boundary.
7. Due to the small size of this mini park, the property owner’s association shall be responsible of
maintenance of the dedicated park in perpetuity.
8. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
9. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25
foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications.
10. All subdivision final plats shall comply with the final approved PUD plan.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public
Access”. Notes shall be included on the plat and in the covenants describing ownership and
maintenance responsibility for all parks, open space, trail corridors, wetlands and/or other
common facilities and areas, e.g.: public park, dedicated to the city and maintained by the
property owners association; and open space, public access, owned by the property owners,
maintained by the property owners association, etc. Park land, open space areas, wetlands and
stormwater facilities shall not be titled as lots or tracts but shall be numbered.
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12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval
with the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
13. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat, unless determined by the City Engineer to not be required.
14. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
15. 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.
16. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
17. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
18. Village Downtown Boulevard from the current terminus to Front Street, and Front Street from
the extended Village Downtown Boulevard to Broadway shall be constructed to city standard
local streets. The streets shall be constructed or financially guaranteed prior to final plat
approval. They shall be constructed and installed prior to issuance of any building permits an
emergency access standard. (Amendment as recommended by Planning Board)
19. The warrant analysis that was completed 2006 shall either be updated or a letter from the traffic
engineer submitted that certifies he has reviewed current traffic data and that the results of the
warrant analysis are still accurate. If a signal is now warranted, it shall be installed or financially
guaranteed prior to final plat approval. Any required improvements shall be installed and
accepted prior to issuance of any building permits.
20. The relocated storm drain line adjacent to lot 4J shall be shifted east to provide a minimum
clearance of 10’ from the property line.
21. All of the manholes on the portion of sewer main that is being abandoned shall be completely
removed. The abandoned sewer main shall either be completely filled with a lean concrete
mixture, or removed.
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Village Homesites PUD Phases 1 & 2 Major Subdivision Preliminary Plat # P08004
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22. A street cut permit shall be obtained for the median relocation in Village Downtown Boulevard.
DATED THIS 1st DAY OF JULY, 2008 Resolution #P-08004
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Planning & Community Development Dept. City of Bozeman Planning Board
City of Bozeman Planning Board Minutes of July 1, 2008.
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MINUTES
CITY OF BOZEMAN PLANNING BOARD,
TUESDAY, JULY 1, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:51
p.m. and directed the secretary to take attendance.
Members Present:
JP Pomnichowski, President
Erik Henyon
Brian Caldwell
William Quinn
Donna Swarthout
Chris Mehl
Cathy Costakis
Staff Present:
Lanette Windemaker, Contract Planner
Chris Saunders, Assistant Director of Planning
Jody Sanford, Senior Planner
Shoni Dykstra, Planning Secretary
Members Absent:
Sean Becker (excused)
Guests Present:
Joseph Shaw
Mike Delaney
Tony Renslow
Tracy Poole
Susan Kozub
Rob Pertzborn
Tom Hennish
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and
not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was none, President Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES
A. MAY 27, 2008
Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski
stated that the minutes from May 27, 2008 would stand as written.
B. JUNE 17, 2008
Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski
stated that the minutes from June 17, 2008 would stand as written.
ITEM 4. PROJECT REVIEW
1. Subdivision Preliminary Plat Application #P-08004 (Village Homesites MaSub
Phases 1 & 2) - A Major Subdivision Preliminary Plat Application on behalf of
City of Bozeman Planning Board Minutes of July 1, 2008.
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the owner, The Village Investment Group, and the representative, C&H
Engineering, to allow the subdivision of 16.82 acres into 20 lots for R-4
(Residential High Density District) development in conjunction with a PUD. The
property is legally described as Lots 3, 4, and Common Area #2, Village
Boulevard Minor Subdivision No. 344, located in the Northeast ¼ of Section 7,
and Northwest ¼ of Section 8, T2S, R6E, PMM, City of Bozeman, Gallatin
County, Montana. (Windemaker)
Staff Report:
Cathy Costakis stated she had a conflict of interest and stepped down from the dais during the
project review.
Lanette Windemaker, Contract Planner, presented the staff report for the Village Homesites Major
Subdivision Phases 1 and 2. She stated this application is for 19 single family lots and included the
already constructed Village Lofts as a multifamily lot. She noted the preliminary plat was in
conjunction with a PUD with 12 relaxation requests.
Mr. Mehl asked for acronyms to be explained to benefit those watching on cable and in the audience.
Planner Windemaker responded a Planned Unit Development is the process projects go through in
order to receive relaxations in exchange for excellence of design. She noted the Board does not
review the PUD, but the preliminary plat is affected by the relaxation requests. Planner Windemaker
noted the applicant had requested the waiver to designate 14 units in the Village Lofts as Restricted
Lot Size lots. She noted the Community Affordable Housing Advisory Board (CAHAB) had
recommended the acceptance of those 14 units with an additional two single family lots. Planner
Windemaker stated the plat lies within an R-4 zoning district and the Growth Policy designation is
Residential. She noted the two phases within the development and stated the first phase would be
nine lots and the park and the second phase would include the wetlands and the additional 10 lots.
She stated the Wetlands Review Board (WRB) had reviewed the application and made
recommendations which became conditions two through five in the Staff report. She noted the most
significant relaxation request was to not extend Village Downtown Boulevard to the property line
and to not provide for a continuation of Front Street. She stated Staff are not supporting these
relaxations requested due to the number of dwelling units currently under construction and the
additional units approved since the granting of the variance to the Broadway Boulevard Subdivision.
Planner Windemaker noted the relaxation request which would allow the Park to be developed
without street frontage and trails around the exterior. She noted the Recreation and Parks Advisory
Board (RPAB) supported most of the relaxation requests, but would like to see the cash-in-lieu be
applied towards amenities such as park benches. She also noted the RPAB recommended the HOA
maintain the park in perpetuity due to its size.
Questions for Staff:
Donna Swarthout sought clarification on the relaxation requests Staff were not in agreement with.
Planner Windemaker noted Staff would like the Village Downtown Boulevard and Front Street
improvements, 20 foot rear yard setbacks, and the provision of cash in lieu for park amenities. She
noted Staff were not in support of the affordable housing waiver.
City of Bozeman Planning Board Minutes of July 1, 2008.
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Mr. Henyon sought clarification on the intersection of Broadway and Main Street. Planner
Windemaker noted turning left onto Main from Broadway at 5:00 p.m. resulted in an unacceptable
level of service. She stated a warrant analysis had been completed and signalization was not
warranted at this time. Mr. Henyon sought clarification on the responsibility of the State in regard to
the intersection. Planner Windemaker noted the State controlled Main Street.
Mr. Mehl sought clarification on condition 2. Planner Windemaker noted the U.S. Army Corps of
Engineers (COE) would decide if the boundary for the wetlands needed to be redelineated. Mr. Mehl
sought clarification on what that entailed. Planner Windemaker responded it could affect the size of
the wetlands. Ms. Swarthout sought clarification on the 50 foot buffer around the wetlands with
regard to buildings. Planner Windemaker responded the WRB had advised measures to be taken to
protect the existing trees within the 50 foot buffer. She noted alleys and driveways could be placed
within the buffer, but garages would not be placed that close to the wetlands.
Mr. Mehl sought clarification on the HOA maintaining the park, mitigation for water runoff, and the
existing gravel road for emergency vehicles. Planner Windemaker noted the right of way exists, and
is owned by the City, so it would have to be constructed to the City Standard for curb, gutter, width
and sidewalks. She noted that most parks are maintained by HOAs within the City. She responded
the applicant had submitted drainage plans which are reviewed by the Engineering department to
mitigate any runoff problems.
President Pomnichowski sought clarification on Lot 3 falling within the floodplain. Planner
Windemaker responded none of the buildable lots fell within the floodplain, but if the applicant was
required to build Front Street they would have to obtain the required permit.
Ms. Swarthout sought clarification on the granting of the waiver regarding affordable housing.
Planner Windemaker noted CAHAB’s recommendations allowed for a greater variety of restricted
size lot size units in the area.
Applicant Presentation:
Mike Delaney presented the applicants presentation. He noted the project has gone through a number
of reiterations. He noted the current proposal was downsized from the original intent of having
upwards of 150 units on the property. He clarified the current application contained 21 lots and the
Downtown Lofts with the wetlands and park becoming separate lots. He noted the traffic and
pedestrian study completed after the construction of over 100 units had resulted with a negligible
change in traffic. He stated the project would not go forward if the completion of Front Street was
required. He stated the improvements would be a safety hazard for pedestrians due to the industrial
traffic in the area. He noted the Fire Department did not need Front Street constructed to City
Standard because of the way it is currently developed. Ms. Swarthout sought clarification on the
impacts of single family residences on traffic versus the impacts by those who reside in the Lofts
currently. Mr. Delaney responded roughly 60% of the Lofts were lived in full time and the other
40% were second residences.
Mr. Delaney noted the 10 foot rear yard setback relaxation request was to preserve the uniformity
City of Bozeman Planning Board Minutes of July 1, 2008.
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within the development. He stated the level of service standard at Main and Broadway should not be
an issue due to the lack of impact the Village Downtown had. He noted when a light is warranted the
applicant was willing to participate, but would not agree to cover the entire cost.
Mr. Delaney specifically addressed the waiver request with regard to RSL units. He stated the
application met the intent of the code, and if the 14 units were not accepted from the Lofts, two
single family residences would be the only requirement by the UDO. He also noted if the lot had
been subdivided into three lots, the applicant would note need to provide any RSL. He also stated if
delineation took place for the wetlands, the size could be reduced, but the applicant did not want to
be surprised if the area was increased and asked for the consideration of the removal of the
condition.
Questions for Applicant and Staff:
Mr. Quinn sought clarification on the May 12, 2003 memo from Greg Megaard regarding the 12
foot wide access not meeting the minimum code. Ms. Windemaker responded the current access
did meet the 20 foot code requirements for emergency access.
Public Comment
Seeing no public comment, President Pomnichowski closed this section of the public hearing.
Discussion
Mr. Mehl sought clarification on Front Street and who would be responsible for bringing the
street to City Standard. Planner Windemaker stated it currently meets the emergency access code
requirements and the applicant would be responsible for bringing it to code. Mr. Caldwell sought
clarification the RSL requirements. Planner Windemaker noted 10% of the lot area is needed and
CAHAB’s calculations made sense. Mr. Caldwell sought clarification on the 14 units satisfying
the RSL criteria by Staff and CAHAB calculations. Planner Windemaker responded the 14 units
did not meet calculations made by Staff or CAHAB. Mr. Caldwell sought clarification on the
size impact of the dedicated units. Planner Windemaker noted code requirements restricted the
size of the units, and also added the applicant would be subject to workforce housing
requirements if the lot referenced by Mr. Delaney was subdivided. Mr. Delaney responded they
were not required to have 14 units when the net buildable lots and the size of the lots came into
play.
Mr. Caldwell sought further clarification on condition 2 if delineation was required by the Corps.
Planner Windemaker noted the applicant would need to write a letter to the Corps and provide
either the results of the delineation or a letter stating the Corps was not interested in having the
wetlands redilineated.
Mr. Henyon noted he would like to address the waiver for affordable housing as he is satisfied
the application met the intent of the UDO and did not feel the applicant should provide the
additional dwelling units recommended by CAHAB.
City of Bozeman Planning Board Minutes of July 1, 2008.
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Motion and Vote
It was moved by Mr. Henyon, seconded by Mr. Caldwell, to amend condition 1 to read: “The request
for a waiver under Section 18.42.180.C.5, Provision of Affordable Housing, to designate 14 units in
the Village Lofts multifamily development as Restricted Size Dwelling Units in an affordable
housing complex is approved. subject to the following conditions.
a. Given the net buildable area of the Village Homesites Subdivision Phases 1 and 2,
including Lot 3A, is ~ 216,456 square feet; a minimum of ten percent (10%) of the net
buildable area is ~ 21,647 square feet.
b. Given the net buildable area of Lot 3A (Village Lofts) is ~ 112,325 square feet, and the
84 dwelling units constructed in the Village Lofts on Lot 3A was based on the net
buildable area of Lot 3A.
c. Given that 21,647 square feet is 19.28% of the net buildable area of Lot 3A (Village
Lofts), and 19.28% of the 84 units are 17 units. Therefore, the 14 units offered do not
fulfill the requirement of the BMC.
d. In addition to the designation of the 14 units in the Village Lofts on Lot 3A as Restricted
Size Units, two (2) single-household lots in Village Homesites Subdivision Phases 1 and
2 shall be designated as Restricted Size Lots.
e. All lots /units so designated shall be subject to the total floor area ratio of Restricted Size
Units under Section 18.16.030. A note on the final plat/PUD plan shall indicate which
lots / units are reserved to meet the RSL requirement and subject to the RSU restrictions.
The RSL / RSU designation shall be recorded on the individual lots / units in a manner
that will appear on a title search and include reference to the sunset provisions of Section
18.42.180.”
Mr. Caldwell stated the intent of the RSL is to create affordable housing. He stated the
recommendation sounded punitive from CAHAB, and he did not feel a 1500 square foot house in
the subdivision would be affordable.
Those voting Aye being Mr. Henyon, Mr. Caldwell, Mr. Mehl, and Mr. Quinn. Those voting No
being Ms. Swarthout and President Pomnichowski. The motion carried 4-2.
Mr. Henyon stated he would also like to address the condition requiring a 20 foot rear yard
setback. He stated the applicant had a compelling reason to request the relaxation to preserve the
continuity of the area with the 10 foot rear yard setbacks, and reconfiguration would come
heavily into play. Mr. Caldwell sought clarification on having public access on the alley to
provide a shorter rear yard setback which would not allow for any parking behind garages.
Planner Windemaker noted the alley is a dedicated right of way. President Pomnichowski noted
there was not a condition addressing the setbacks with the preliminary plat application. Mr. Mehl
noted it was a concern at this point, but not a condition.
Mr. Henyon noted he was concerned about the continuation of Front Street in light of the public
safety concerns. He stated he was not sure of the legality of prohibiting truck traffic on
residential streets. He stated the City should be able to block truck traffic with signage since it
was a City street. Mr. Quinn stated the ingress and egress for emergency vehicles was a safety
concern, and he would like to be satisfied in approaches other than solely having access on
City of Bozeman Planning Board Minutes of July 1, 2008.
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Broadway. Mr. Caldwell stated there is currently a business operating within the right of way for
Front Street, and if the City is desirous of improving Front Street, action to make Front Street
functional from Oak Street to Village Downtown Boulevard needs to be taken. Mr. Mehl sought
clarification from Staff on designating which streets trucks can and cannot utilize. Planner
Windemaker stated there is a process to request studies in order to eliminate adverse impacts of
traffic. Mr. Mehl sought clarification if the study could be done prior to suffering the effects.
Planner Windemaker noted truck traffic might not be a problem due to the street layout in the
area.
It was moved by Mr. Henyon, seconded by Mr. Caldwell, to strike condition 18 from staff
conditions. Those voting Aye being Mr. Henyon and Mr. Caldwell. Those voting No being Mr.
Quinn, Mr. Mehl, Ms. Swarthout, and President Pomnichowski. The motion failed 2-4.
Mr. Mehl noted he would like to see the condition amended to include working with the
applicant in order to restrict traffic to typical residential traffic only. President Pomnichowski
responded it may be better to recommend an effort be made to restrict traffic to typical
residential traffic and local (non business).
Mr. Quinn stated he would be more restrictive and amend the condition to allow for satisfactory
emergency ingress and egress onto Front Street from the property for the applicant to show due
concern for public safety. Mr. Caldwell agreed with Mr. Quinn.
It was moved by Mr. Caldwell, seconded by Mr. Quinn, to amend condition 18 to read “Village
Downtown Boulevard from the current terminus to Front Street, and Front Street from the
extended Village Downtown Boulevard to Broadway shall be constructed to city standard local
streets. The streets shall be constructed or financially guaranteed prior to final plat approval.
They shall be constructed and installed prior to issuance of any building permits an emergency
access standard.” Those voting Aye being Mr. Caldwell, Mr. Quinn, Mr. Mehl, and Mr. Henyon.
Those voting No being Ms. Swarthout and President Pomnichowski. The motion carried 4-2.
It was moved by Mr. Quinn, seconded by Mr. Henyon, to recommend conditional approval to the
City Commission of the Village Homesites Major Subdivision Phases 1 and 2 Preliminary Plat
#P-08004 with the conditions as amended. Those voting Aye being Mr. Quinn, Mr. Henyon, Mr.
Caldwell, Mr. Mehl, and President Pomnichowski. Those voting No being Ms. Swarthout. The
motion carried 5-1.
ITEM 5. BOZEMAN COMMUNITY PLAN UPDATE
Review and discussion of the analysis and the issues with the current/new
chapters of the Bozeman Community Plan as related to Land Use.
Dr. Joseph Shaw, Director of the Optical Technology Center of the department of electrical and
computer engineering at MSU, presented a PowerPoint on the impacts of lighting and light
pollution. He noted the dramatic difference between planned communities and communities
without regulations. He stated it is important to consider the issue of lighting as Bozeman plans.
He stated preserving the unique character of Bozeman’s night sky has many impacts including a
City of Bozeman Planning Board Minutes of July 1, 2008.
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competitive edge for MSU research, economic benefits, safety, and lighting effectiveness. He
stated light pollution is scattered light that obscures the natural sky.
Mr. Shaw stated there are four basic principles to keep in mind with regard to a lighting
ordinance: the use of shielded fixtures, turning lights off when not needed, the use of narrow-
spectrum (long wavelength) bulbs, and adequate but not excessive brightness. He presented
visual affects of using unshielded light fixtures versus shielded fixtures. He also noted snow is an
important factor because the amount of light snow reflects and lower limits for maximum
luminance would mitigate reflective lights. He stated being proactive is key. He would also like
to see a stricter and more specific control of sports lighting. He would like to see enforcement
and an improved definition of “non-security lighting”. He thanked the Board for their
willingness to work with him within the land use part of the 2020 Plan.
Mr. Henyon sought clarification on the upfront costs of replacing wide spectrum lights with
narrow spectrum lights. Mr. Shaw did not have exact answers, but noted the cost was negligible
unless everything was replaced at once.
Tom Henesh stated he was here in behalf of his property on West Main. He noted the property
was approved for a dealership but did not get completed as a subdivision. He noted the property
is designated on the growth policy map as Business Park, and it has been on the market without
any takers for a number of years. He would like to see the B-P designation changed to allow for
more relaxations.
President Pomnichowski sought clarification from Mr. Henesh on specific or general changes he
would like to see changed within the district. Mr. Henesh responded he did not. President
Pomnichowski encouraged him to email any ideas at any time during the process.
Susan Kozub of Intrinsik Architecture shared a potential project developed with Rob Pertzborn
and Tracy Poole. She shared the collective perceptions of what the Board has been discussing,
what is actually taking place, and the project they are working on. She noted the Board has
talked about wanting to see more vibrant housing, more density in appropriate locations, more
compact neighborhoods, and exploration of form based zoning. She noted these are great
concepts, but noted the promotion of those types of projects needs to happen as well. She noted
the excitement of implementing the urban mixed use zoning designation, but it can still be
prohibitive. She noted the City needs to be able to approve the UMU zoning district without
fearing B-2 type developments.
Ms. Kozub shared sketches and photos of the proposed project with Planning Board members.
She noted the proposed project is located at the intersection of Stucky Road and South 19th
Avenue. She noted the proposal has the buildings pushed up to Stucky Road, contains office and
commercial centers to serve the existing residences in the Southwest quadrant of Bozeman. She
noted it could create a central hub for MSU which would create a distinct neighborhood which
would mix well within the overall Bozeman community. She shared the student housing
components, mixed with the lofts above retail space and smaller cottages. She emphasized
creating a sense of place with quality student housing near MSU was important as well as
incorporating the development into the larger community. She noted the project was enhanced
City of Bozeman Planning Board Minutes of July 1, 2008.
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by a connected trail system as well as parkland. She shared options their group had considered in
order to develop the project and move forward.
Ms. Swarthout thanked Ms. Kozub for her presentation and noted she liked the sounds of the
project. She stated the Board is trying to move mixed use, density and infill issues forward
through the update of the Land Use Chapter. She encouraged suggestions and modifications on
specifics in order to move projects similar to the presentation forwards. She noted the Board
consensus had been to make modifications which encouraged and allowed similar projects. Ms.
Kozub noted the appendix for the Land Use chapter is key to the Boards discussion.
Mr. Mehl thanked Ms. Kozub for continuing to move forward. He sought clarification on the
arbitrariness of the form based zoning question and maintaining consistency within the model.
Ms. Kozub responded there are allowances for different uses, but mitigating factors can be
included as well as percentages of uses in specific areas. She noted her earlier proposal would be
a great way to utilize the UMU zoning district as a trial run for form based zoning. Mr. Caldwell
responded a PUD could create an opportunity for form based zoning developments if the process
was different, as PUD applications cannot be brought forward unless they meet the underlying
growth policy designation. He noted PUDs still need to be utilized, and could provide some
safety to moving forward without having to reinvent the designations on the 2020 Land Use
map. President Pomnichowski responded it was an interesting take, but mentioned predictability
was established through the current 2020 and zoning maps. She noted having a sense of
predictability within the Land Use chapter needs to be kept. She noted the character change on
Babcock to College Street and Willson to 8th Avenue when accessory dwelling units were
permitted. She stated the Board cannot add uses and density and tell land owners they live in the
same neighborhood. She thanked Ms. Kozub for the example.
Seeing no further public comment, President Pomnichowski closed public comment.
Mr. Caldwell stated Senate Bill 201 had been passed which provided for cooperation with the
County and its efforts to establish the Transferable Density Credits. He would like to forward a
recommendation to adopt an ordinance formalizing the interlocal agreement between the City
and the County. He stated the City has already met the requirements to move forward with the
agreement. Planner Saunders responded the City Commission is reviewing the options on July
21 and the County on July 28th with the hope that the Belgrade, Bozeman, and the County could
move through the process at the same time.
Planner Saunders sought clarification from the Board regarding the Land Use map interaction
with density chips. Mr. Caldwell sought clarification on the front end assumptions made during
the chip exercise. He stated the Board needed to be critical of the front end assumptions and the
guidelines for the commercial districts.
Planner Saunders presented a short update with the Board. He showed a map provided by the
school district revealing current schools and property under school ownership. He shared the
district boundaries with regard to the Bozeman planning boundary. Mr. Saunders noted that
roughly 30,000 people generated a new high school.
City of Bozeman Planning Board Minutes of July 1, 2008.
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Planner Saunders sought guidance from the Board on the assumptions being made for the Land
Use Mapping exercise for the next regular meeting. The Board consensus was for Planning Staff
to utilize projections with alternative scenario number two.
ITEM 6. NEW BUSINESS
Seeing there was no new business, President Pomnichowski closed this portion of the meeting.
ITEM 7. ADJOURNMENT
Seeing there were no further issues before the Board, President Pomnichowski adjourned the
meeting at 10:31 p.m.
__________________________________ __________________________________
JP Pomnichowski, President Chris Saunders, Assistant Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
*Please refer to your bound copy of the Village
Downtown Home sites Subdivision Phases 1 and 2
for agenda Action Items #2 and #3.
(A digital version of these binders are on your
digital packet cd)
Thanks!