HomeMy WebLinkAboutNEW Z13131_Ellis_View_PUD SR.pdfPage 1 of 29
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit
Development
Date: City Commission public hearing is on November 4, 2013
Project Description: A preliminary Planned Unit Development in conjunction with a major
subdivision with nine residential lots, two open space parcels, and a park parcel.
Eight relaxations to development standards are requested as part of the project.
Project Location: 3601 Good Medicine Way. It is legally described as Lot 4A, Minor
Subdivision 35C, located in the NE 1/4, Section 25, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z-13131 and move to approve
the preliminary planned unit development with conditions and subject to all
applicable code provisions and including relaxations 1-4 and 6-8.
Report Date: Thursday, October 31, 2013
Staff Contact: Chris Saunders, Policy and Planning Manager
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL ....................................... 5
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 5 –REQUESTED RELAXATIONS ....................................................................... 5
SECTION 6 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 9
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 18
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 21
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 24
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 26
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 27
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 28
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 28
APPENDIX F –PLANNED UNIT DEVELOPMENT INTENT ........................................... 28
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 2 of 29
Sec. 38.20.010. Intent. ...................................................................................................... 28
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Single detached homes: zoned RS, Residential Suburban
South: Open Space and future commercial: zoned RS, Residential Suburban
East: Single detached homes: zoned RS, Residential Suburban
West: Unannexed, agriculture: zoned RS, Residential Suburban
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 3 of 29
Vicinity Map from Growth Policy Figure 3-1
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 4 of 29
Parks and Open Space Vicinity Map
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 5 of 29
SECTION 2 –REQUESTED RELAXATIONS
The following relaxations have been requested. The majority are related to the street and
sewer improvements. A detailed description of each requested relaxation is attached. This is
an extract from the Plat Supplements section of the subdivision application.
1) Section 38.27.060.A Allow Park Frontage to have less than 100% direct street frontage.
This relaxation is addressed under site plan criterion 8.
2) Section 38.24.090.D.3 Access – Separation between the intersections of S. 3rd Ave and
Ellis View Loop to be approximately 2 feet closer together than normal. This relaxation is
addressed under site plan criterion 6.
3) Section 38.24.050.A.1 Street right of way width and construction standards – To provide a
narrower right-of-way width for Ellis View Loop of 53 feet. This relaxation is addressed
under site plan criterion 6.
4) Section 38.24.060.A Street Improvement Standards – to have a smaller curve radii on a
smaller street. This relaxation is addressed under site plan criterion 6.
5) Design standard for required all weather access to sewer manhole – provide manholes
which do not have an all weather access road. This relaxation is addressed under site plan
criterion 12.
6) Section 38.23.070.A.3 Municipal water, sanitary sewer, and storm sewer systems – To not
install the master planned trunk sewer along S. 3rd Avenue. Sewer access is proposed along
an existing sewer easement to the southeast. This relaxation is addressed under site plan
criterion 12.
7) Section 38.24.010.A Streets – To not construct the S. 3rd Avenue road cross section to the
standards normally required for a collector street. This relaxation is addressed under site plan
criteria 5 and 6.
8) Section 38.24.080.A Sidewalks – To construct a gravel fines trail along Good Medicine
Way in lieu of a standard concrete sidewalk. This relaxation is addressed under site plan
criterion 6.
SECTION 3- RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. The proffered park improvements shall be constructed as described in Plat Supplement
section Q and the proposed park master plan Appendix I of the application; and in
accordance with the City of Bozeman’s park development standards unless a relaxation is
approved.
2. The area of park as depicted on the subdivision plat shall not be reduced in size.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 6 of 29
3. A section shall be included within the covenants to be recorded with the property which
clearly identifies those provisions to which the City is a party and noting that those sections
may not be revised without the City’s consent.
4. No changes to the terms of the covenants which address municipal code requirements or
conditions may be made without written approval of the City.
5. No property may be removed from the property owner’s association without written approval
of the City.
6. The covenants shall be revised to specifically state whether or not Accessory Dwelling Units
are permitted within the development.
7. A front yard minimum setback of 20 feet to the main façade of the house and 25 feet to the
vehicle entrance to the garage or other parking area shall be provided.
8. A side yard minimum setback of 8 feet shall be provided.
9. A rear yard minimum setback of 20 feet shall be provided.
10. The yard facing Good Medicine Way is a rear yard for the purpose of determining yard
setbacks.
11. Fence heights within the development may not exceed four feet.
12. Lot coverage for each lot in the Ellis View Estates shall not exceed 25% of the total area of
the lot.
13. A public access easement shall be provided for those portions of the Good Medicine Way
trail which lie outside of the existing public right of way.
14. A one foot wide no access strip shall be placed along the western border of Lots 6 and 9
prohibiting vehicle access to South 3rd and along the eastern border of Lots 1-4 prohibiting
vehicle access to Good Medicine Way.
15. The bicycle lane on the east side of South 3rd Avenue shall be extended from its current end
point at the intersection with Wagonwheel Road to the southern property line of the
development. Any tapers or transitions shall occur within the public right of way past the
southern property line. A connection of similar width of trail from the end of the bicycle lane
to the existing adjacent trail on the south side of the property in the designated open space of
Sundance Springs shall be provided.
16. Temporary irrigation or other support necessary to fully reestablish the vegetation in the open
space area disrupted by construction shall be provided for at least two years. If private
improvements or vegetation within an easement are disrupted they shall be returned to
essentially preconstruction condition.
17. A trail totem conforming to the City of Bozeman standard shall be provided at the beginning
point of the trail within the public park identifying the trail as public access.
18. The park master plan has several incorrect references which shall be corrected prior to any
final action to approve the PUD.
19. The remaining water rights, or cash in lieu thereof due for the property shall be paid with the
filing of the final plat in accordance with Section 38.23.180, BMC.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 7 of 29
20. 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 Sixth 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.
21. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final
Site Plan approval.
22. Ditch relocation or modification:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to Final Site Plan approval.
b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch relocation
or modification.
23. 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.
24. Project phasing shall be clearly defined including installation of infrastructure with the plans
and specifications infrastructure drawings submitted for engineering review.
25. 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.
26. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
27. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
28. The applicant shall submit with the application for final plan review and approval, a written
narrative stating how each of the conditions of preliminary plan approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire final plan submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 8 of 29
29. The east half of South 3rd Avenue shall be constructed to a collector standard as shown in
the Greater Bozeman Area Transportation Plan alone the entire frontage of the subdivision.
This shall include tapers meeting AASHTO standards to transition back to the existing
roadway width on the north and south.
30. The master planned 12” trunk sewer main shall be installed along the entire frontage of the
subdivision as shown on the Wastewater Facility Plan.
31. An all weather access road shall be provided to all manholes that are located outside a street
or parking area.
32. If an all weather surface is required to be provided to access sewer manholes an alternative
support material for the outer sections shall be provided so that the all weather surface within
the Ellis View Estates and Sundance Springs open spaces or any private lot appears as no
more than a 6 foot wide gravel fines pedestrian trail.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. Private utility easements shall be provided per Section 38.23.060.B and depicted on the final
PUD plan and final plat.
B. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as future work.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Ellis View Estates planned unit development preliminary plan
File: Z-13131
The DRB considered the application on June 26, 2013 and recommended conditional
approval of the application.
The Development Review Committee (DRC) held multiple meetings to consider the
application and after finding the application had adequate material to proceed recommended
approval of the application.
The Planning Board conducted a public hearing on the related subdivision on October 15,
2013 and made a recommendation to the City Commission.
The Recreation and Parks Advisory Board subdivision review committee considered the
application and recommends conditional approval.
The City Commission will consider the proposal on November 4, 2013. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 pm.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 9 of 29
SECTION 6 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis below is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The site is not within an overlay district and does not have any applicable special use review
criteria unique to the project. All planned unit developments are subject to the conditional
use review criteria and the planned unit development review criteria in addition to the regular
site plan criteria. Review of the related subdivision will occur under application P-13019.
Staff has not identified various code provisions that are currently unmet by this application
that are not included with the requested PUD relaxations. The applicant must comply with
all provisions of the Bozeman Municipal Code, which are applicable to this project, prior to
receiving final plan approval. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This development proposal for residential infill development is in conformance with the
Bozeman Community Plan. Figure 3-1 of the growth policy designates the property as
Suburban Residential indicating that there is a semi-rural configuration in the surrounding
property. The land use designation is described on page 3-11 of the growth policy and in
Appendix B of this report. The property has been annexed prior to development as
recommended. The property is zoned Residential Suburban which is an implementing district
for the Suburban Residential land use designation as shown in growth policy appendix C.
The property has the correct designation on the future land use map and no inconsistencies
with goals, objectives, or policies have been identified at this time.
2. Conformance to this chapter, including the cessation of any current violations
The final plan for the PUD shall comply with the standards identified in the BMC. 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. There are no known
violations of municipal ordinance currently occurring on the site. The Residential Suburban
district does not have a required minimum density but the lot sizes are determined through
the PUD review process. Setbacks are discussed below in site plan criterion 10. The
subdivision review is also subject to Chapter 38, Unified Development Code.
The applicant has requested eight relaxations from various standards applicable to the
project. The relaxations are listed in Section 2 of this report. The relaxations are addressed
individually under the appropriate review criteria below. If the relaxations are approved
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 10 of 29
through the PUD process then the project will conform to the chapter. Compliance with the
chapter also includes the criteria for conditional use permits and planned unit development.
Compliance with conditions of approval is a requirement of the chapter. The compliance will
be demonstrated through a combination of the final plat, final PUD plan, and plans and
specifications for infrastructure.
3. Conformance with all other applicable laws, ordinances, and regulations
No known existing non-conforming circumstances with non-municipal code provisions have
been identified. The final plan will be reviewed to ensure compliance with this section. The
applicant will require appropriate permits to cross the ditch with a sewer line. The plans and
specifications for municipal infrastructure will be reviewed by the City’s Engineering
division and Park Department prior to any work commencing. Such permits and reviews will
be required to be in hand prior to beginning any work. The plans for future homes will be
evaluated against the requirements of the International Building Code at the time application
is made for a building permit.
4. Relationship of site plan elements to conditions both on and off the property
The proposed design provides for buffers to adjacent uses, open spaces are placed adjacent to
existing open spaces on neighboring properties. The proposed landscaping for the open space
and park is appropriate in scale and character. The trail network connects to and continues
the existing trail segments and provides new safe pedestrian routes outside of the driving area
of Good Medicine Way. The adjacent properties are also zoned as RS both in the City and
under Gallatin County’s zoning jurisdiction. The ditch which passes through the southeast
corner of the property is unimpeded by the proposed development.
The Design Review Board has recommended condition 10 to limit fence heights to not more
than four feet. This restriction is to provide a transition between the open character of the
Sundance Springs development to the south and the heavily hedged areas to the north and
east. The fence height limit will also prevent the development from being a fenced off
enclave isolated from adjacent properties. Integration with adjacent development is a
requirement of the PUD criteria.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The proposed Ellis View Loop will provide all vehicle access to the proposed lots. Condition
13 requires a no access strip to restrict vehicle access to the street. The development is
anticipated to generate approximately 87 new vehicle trips per day. South 3rd Avenue is a
collector street and provides the connection from Ellis View Loop to the rest of the
community. The present capacity of S. 3rd Avenue is adequate to carry the additional traffic.
See application appendix D.
No material impact is expected on parking. Ellis View Loop will provide on street parking
opportunities. The City’s land use regulations require provision of off-street parking with
more parking provided for larger numbers of bedrooms. Street frontage along the park and
open space adjacent to Ellis View Loop will provide enough on-street parking for 20
vehicles. The park frontage provides required parking area for park users. The character of
the park is informal and trail oriented. The provided street frontage should provide adequate
parking for all park users.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 11 of 29
A relaxation has been requested (number 7) to not build the standard City cross section for
the eastern side of S. 3rd Avenue but to retain a more rural character with borrow ditch and no
curbing; this also means that no on-street parking will be provided along S. 3rd Avenue. All
of the proposed lots will have on-street parking even with no parking provided along S. 3rd
Avenue. This criterion addresses PUD requested relaxations 7 and 8.
6. Pedestrian and vehicular ingress and egress
A no vehicle access strip is proposed to be placed along Good Medicine Way. Condition 13
memorializes this by establishing a no access strip. A bicycle lane extension along the east
side of S. 3rd Avenue is required by Condition 14. This provides for the required non-
motorized access along the S. 3rd Ave. frontage of the project. This is also related to the
requested relaxation number seven to not construct the standard full width of collector street
for S. 3rd Avenue. If the Commission is to grant the relaxation there should be an off-setting
public benefit. The extension of the bicycle lane from its current end at the intersection of
Wagonwheel Rd to the south end of the development and the connection to the trail network
will provide a safety improvement and functional transportation improvement in the same
corridor as the requested relaxation. Without the relaxation the development will be required
to build their frontage as a standard collector cross section which will not match any section
north or south and will leave an isolated section of bike lane with no connection to the north.
A waiver of right to protest creation of special improvement districts for improvement to S.
3rd Ave. was recorded as part of the annexation agreement for the property.
There are two trail extensions included with the application. One is a continuation along
Good Medicine Way including provision of required easements per Condition 12. The trail
along Good Medicine Way is in lieu of a standard concrete sidewalk as required by the
municipal code. This is relaxation number 8. The continuation of the trail rather than
placement of a concrete sidewalk is in keeping with the existing character of the pedestrian
network in the area. Placement of the trail will provide a better connection as there is
presently no dedicated pedestrian facility along Good Medicine Way. The other trail
connects Ellis View Loop through the public park area to the existing trail system in the
adjacent Sundance Springs open space. Sidewalks will be provided on both sides of the Ellis
View Loop. Adequate pedestrian and vehicular ingress and egress are provided.
The applicant has requested relaxation to design standards for Ellis View Loop including a
narrower right of way width, a smaller separation distance between intersections of Ellis
View Loop and S 3rd Avenue, and design radii (relaxations 2-4). The constructed cross
section of Ellis View Loop will comply with the transportation standards for a small
residential street with 31 feet width of asphalt. The relaxation is to narrow the right of way
width proportionate to the reduced asphalt width and to have a tighter curve radius. The
narrowness of the street at 31 feet acts to reduce speed which allows for a smaller radius. The
Fire Department and Sanitation have not objected to the relaxations. The applicant has
requested that the street be publicly maintained. The constructed cross section is consistent
with the features of the city’s standards.
The separation requirement for access points to collector streets is recommended at 330 feet
from right of way to right of way in 38.24.0980, BMC. There are no conflicting intersections
on the west side of S. 3rd Avenue. The requested relaxation is approximately 23 feet or 7%.
The purpose of the separation requirement is to help preserve the functionality of collector
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 12 of 29
and arterial streets to carry traffic with reduced conflict points to improve public safety. The
same number of access points would be provided if the park land were reduced in size so the
access point were moved to the south. Such movement would reduce separation between the
new Ellis View intersection and the existing Little Horse Drive intersection. There appears to
be no material detriment from the relaxation. The Development Review Committee reviewed
and recommends approval of the relaxations for Ellis View Loop. This criterion addresses
PUD requested relaxations 2, 3, 4, 7 and 8.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
The proposed landscaping palette and design appears to conform to the requirements of
Article 38.26, Landscaping. A total of 15 performance points is required for the private open
spaces and 15 are shown as having been provided. See the landscaping plan contained within
Appendix I of the application for details. The applicants are proposing to use native species
where appropriate. No conditions are needed to address this review criterion.
8. Open space
The UDC requires certain superior performance from PUDs above and beyond that required
for regular site plans. One option is to provide extra on-site open space, (separate from the
dedicated parkland requirement). This is established under the PUD performance criteria
below but interrelates with this criterion.
The applicant has requested a relaxation to not provide 100% frontage around the entire
dedicated park perimeter (relaxation 1). Per Section 38.27.060 the City may consider less
than 100% frontage under certain conditions. The proposed park is being placed adjacent to
existing publicly accessible open space which has pedestrian access provided by an existing
trail and which connects to open space which is bounded by a street; therefore a street is not
required to be located on the southern boundary. The eastern side of the park has a proposed
trail extension to connect to a nearby existing trail. Additional property is provided with the
park dedication. A minimum area of 11,761 square feet of park is required. An area of 18,184
is provided. The street frontage which is not being installed on the east edge of the park space
would have provided parking for four vehicles which would require approximately 1,450
square feet of paving for access and parking stalls. The development has provided an
additional 4,973 square feet of park area over and above the minimum required. Therefore,
additional park area has been provided and direct pedestrian access is provided. The
additional 4,993 square feet meets the intent of providing constructed improvements and the
request for the relaxation is therefore consistent with the intent of Section 38.27.060 and staff
supports the grant of the relaxation.
The trail connections provide good linkage of open space to existing facilities. To identify
public access and facilitate the use of the trails a totem marker is being required by Condition
15. The applicant has proffered certain park improvements as identified in Plat Supplement Q
and the park master plan Appendix I. The City is relying upon these representations and
proffer to meet requirements of the review criteria for site plan compliance and PUD
qualitative excellence. Therefore Conditions 1 and 2 require that these items be provided and
not changed without City authorization. This criterion addresses PUD relaxation 1.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 13 of 29
The applicant will be required to provide the landscaping of the park and common open
spaces prior to the recording of the final plat for the development. If any work remains to be
done it must be financially guaranteed. The frontage improvements for sidewalks and street
trees must meet the minimum landscaping requirements of Article 38.27.
9. Building location and height
The proposed PUD does not include specific building designs. No relaxation is requested
from the base height regulations of 38.08.060, BMC. See setback discussion below.
10. Setbacks
Section 38.08.050.B establishes the setbacks for the RS, Residential Suburban district. As
noted in that section, the setbacks for all newly created lots in the RS district are established
through the PUD process. The preliminary PUD proposes setbacks of: front yard 20 feet, side
yard 5 feet and rear yard 20 feet. These are slightly larger than the setbacks normally found
in the R-1 district which would allow a 15 foot front yard setback along Ellis View Loop.
The proposed setbacks are considerably smaller than those established for previously existing
lots in the RS district of 35 foot front and 25 foot for side and rear yards.
The RS zoning district is typically placed in areas with environmental constraints. Therefore,
larger lot size and yards are appropriate to provide for adequate building areas which avoid
the constrained areas. In the circumstances of this application the environmental features, the
ditch and slope area, are protected by being placed within common open spaces and not
within individual lots. There are no other environmental restrictions on the property.
The adjacent properties are developed on a range of lot sizes with the more recent lots in
Sundance Springs being smaller with a larger percentage of common open spaces rather than
lower density individual lots. A balance can be found in this development between the City’s
goals to encourage density of development on municipal services and the need to respect the
character of the existing adjacent development.
An open space or park area has been provided on the perimeter of the development. This
provides some separation from adjacent lower density areas and the open areas are proposed
to be landscaped. The overall proposed density is slightly higher than adjacent Sundance
Springs but is consistent with the RS expectations. A balance between the local
circumstances, previous development, and the various aspirations and standards of the City
may be achieved with minor adjustments to the proposed setbacks.
An additional setback for the garage vehicle entry will encourage a greater quality of street
character by emphasizing the main home façade. A garage setback of 25 feet is achievable
and provides a 5 foot incentive to bring the main façade of the home forward giving it more
visual prominence. A slightly wider side yard setback of 8 feet will provide some assurance
of a more open character which is consistent with the large amounts of open space and larger
setbacks for the adjacent existing homes; while not unduly restricting the design flexibility of
the proposed lots which vary between 10,152 and 16,883 square feet. With combined total of
16 feet of side yard setback the narrowest proposed lot, Lot 4 which is wedge shaped, would
still have an accessible frontage of forty feet. The setbacks are established by condition so
they are specifically identified in an action to approve the project.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 14 of 29
An existing overflow ditch is depicted in the southeast corner of the project site. As a ditch,
there is no defined setback requirement as there is for a natural water course. Ditch
maintenance easements are required to be provided by Section 38.23.060.D, BMC.
11. Lighting
New street lighting is proposed to conform to municipal standards. Lighting is only required
at the intersections of S. 3rd Avenue and Ellis View Loop.
12. Provisions for utilities, including efficient public services and facilities
A) Private utilities will be provided within established easements or through new easements
to be established with the final plat. Section 38.23.060 sets minimum standards which will be
verified during final plat review.
B) Public utilities provided to the site include transportation. Access to the street system is
given by S. 3rd Avenue and the proposed Ellis View Loop. Access for transportation appears
adequate. Criterion 5, impact on traffic and parking, Criteria 6, Pedestrian and vehicular
ingress and egress address transportation.
C) Water services will be provided by a new water main to be placed under Ellis View Loop
and connected to the existing water main underneath S. 3rd Avenue. Adequate capacity exists
in the City’s water system to accommodate this additional development. The applicant must
provide cash-in-lieu of water rights in accordance with Section 38.23.180 at the time of final
plat.
D) Sanitary sewer capacity exists at the City’s water reclamation facility. Piping connecting
the new lots to existing piping must be installed. Sewer pipe location options are very
sensitive to the depth of pipe and the grade between existing and proposed development. The
preference is to use gravity flow sewers as they are more dependable and less costly for both
the public and private parties. There are several options which will use gravity flow.
The sewer main routing initially proposed with the application will go from the south leg of
Ellis View Loop, through the new park and open space in a new dedicated utility easement,
and connect to an existing public utility easement which terminates at Peace Pipe Drive. The
existing public utility easement was provided with the Sundance Springs PUD and passes
through open space which is covered with native vegetation. The easement passes between
two homes on Lots 24 and 25. The proposed sewer distance is approximately 700 feet and
includes four manholes which are not under a roadway. The route requires four manholes to
address changes in direction of the pipe. A map of the easement alignment from the
Sundance Springs final plat is provided below with the route marked in red.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 15 of 29
The City requires an all weather access to the sewer manholes as part of its design standards.
The sewer maintenance trucks are quite heavy, in excess of 30 tons, and need good support,
beyond what soil alone will provide, to prevent them from becoming stuck. Each manhole is
visited typically annually, more often if needed to ensure that the pipe stays clear and can
function as needed. Typically the access way must be at least 12 feet wide. The applicant has
requested relaxation 5 to not provide an all weather access to sewer manholes. The DRC does
not support this relaxation.
The requirement for access is normally met by an overlying public street. However, that
alternative is not available for the initial alignment proposed with this project. An all weather
access road is usually constructed of compacted rock and binders. This would be very
visually disruptive to the character of the existing and proposed open space. Other
alternatives to a gravel road do exist to provide the structural support required for the
maintenance trucks which would lessen the visual disruption of the access road. Condition 18
requires use of an alternative support material. The material is not specified so the best option
can be determined during the infrastructure design phase. The option is provided in
Condition 18 to completely vegetate the access road if the applicant so desires or the
Commission so directs.
There is a section of the sewer easement which passes through the new parkland and so the
access would double as a trail section which will connect to the existing Sundance Springs
trail system. As the sewer line leaves the park the entire access way could be vegetated.
Establishment of replacement vegetation will require supportive irrigation. A period of at
least two years of function has been included on the basis of past experience by the City in
establishing natural landscapes.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 16 of 29
Several alternative alignments have been considered and continue to be evaluated as of the
writing of this report.
1) Install the master planned sewer line under S. 3rd Avenue. The current endpoint of the
sewer stops at Cambridge Drive. It is approximately 2,300 feet from Cambridge Drive to
the northern intersection of S. 3rd Ave. and Ellis View Loop. The line would cross
annexed and unannexed developed areas. Only nine homes will be constructed with this
development. To have such a long pipe run with such a light flow may contribute to
maintenance issues as there may not be continuous momentum in the flow to keep the
pipe clear. Eventually when the property to the west develops additional flow will resolve
that issue but there is no schedule or ability to predict for when that might happen.
2) The applicant could construct a more direct connection from the proposed main
location in the project open space through the adjacent Sundance Springs open space to
intersect with the existing sewer at the intersection of Peace Pipe and White Eagle Drive.
There is no existing easement for this route. An easement would need to be obtained from
the Sundance Springs Homeowners Association who owns the property. The route would
be a straight line and would not require manholes outside of a street and therefore would
not require an access road. This would be about half the distance of pipe and therefore
less expensive for the applicant to install and the City to maintain. The route would cross
the ditch and be very shallow at that point. It would be necessary to obtain permission
from the ditch owner to install a culvert and add additional cover to protect the sewer
line. The DRC has no objection to this route but it will require cooperation from at least
two private parties to obtain the legal ability to install it. The alternate route is shown in
red.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 17 of 29
This criterion addresses PUD requested relaxations 5 and 6.
13. Site surface drainage
The design of the pond in open space 2 and associated landscaping appears to conform to
applicable standards. Specific design details will be finalized with the storm water
engineering review. Maintenance of the surface drainage facilities is the responsibility of the
home owners association. The detention pond is designed so in the event of excess flow the
additional water will be directed to the borrow ditch along South 3rd Avenue. The final
design of the detention pond will be evaluated during the plan and specification review for
infrastructure.
14. Loading and unloading areas
No formal loading and unloading areas are required with the proposed residential project.
15. Grading
The site is relatively flat with a slight slope mostly to the southeast. The SE corner drops
more quickly to the SE where the ditch is located. Relatively minor grading of the site is
anticipated with this application in order to accommodate new storm water drainage
provisions. Grading will be addressed in detail with the grading plans required for the storm
water and street design.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 18 of 29
16. Signage
No signage is requested as part of this application. Any future subdivision identification sign
will require a sign permit. No certificate of appropriateness is required.
17. Screening
The only required screening for this project is the standard code requirements for screening
of mechanical equipment. No mechanical equipment or location is identified at this time. As
individual building permits are submitted for homes the issue will be evaluated.
18. Overlay district provisions
Not applicable
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, eight public comments had been received. Primary concerns
from the public comment relate to: 1) the route of the required sewer line (eight comments);
2) the aesthetic and practical consequences of its construction on the open space and adjacent
private property owners (eight comments); 3) control of access to Good Medicine Way (one
comment); 4) architectural and landscape compatibility (one comment); 5) development
timeline (one comment). The proposed conditions or alternatives identified in this report will
address the public comments. The public comments are attached to this report.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 19 of 29
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The proposed open spaces, landscape plan, park, and fence restrictions proposed in the
covenants along with the larger setbacks proposed as conditions of approval address these
issues. Project uses are open space/park which is adjacent to existing open space; and
residences. The lots are of a size adequate to allow reasonable construction.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
No material adverse effects have been identified. The development of the site will generate
additional traffic and demand for utilities but the additional service demands are within
capability to provide service. The conditions as proposed mitigate issues of impact on
abutting property. On-site open space and park land has been provided to meet demand by
new residents and to provide buffers to adjacent properties. Conditions have been proposed
to establish setbacks and lot coverage appropriate to the development. With these conditions
the residential use is acceptable on the site.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 20 of 29
3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may include,
but are not limited to: Only those needing to be addressed beyond the site plan criteria are
noted.
a. Regulation of use; No special regulations of use are required. The covenants should
be explicit about whether accessory dwelling units are intended or not intended to be allowed
within the development.
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls; The Design Review Board has recommended a
restriction on fence heights of four feet as discussed under the site plan review criteria above.
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
As proposed the design does not appear to require extraordinary conditions except as have
been identified under the site plan criteria. To avoid repetition please see those sections.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 21 of 29
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan process;
and will be required to be recorded prior to the approval of the final site plan for the planned
unit development.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the mandatory
"all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural
gas, telephone, storm drainage, cable television, and streets?
All required private utilities are provided for with utility easements. The easements will be
created through the recording of the final plat with the Gallatin County Clerk and Recorder.
A non-standard street section is proposed as allowed by Article 38.24. The proposed cross
section includes services for pedestrians. Extension of public utilities is proposed for water
and sewer. Storm drainage will be addressed privately per the City’s standards. The design
standards will be applied by the Engineering Division and Parks Division before any work
begins. Detailed review will occur through the subdivision review process. Proposed trails
appear to be in logical locations and continue the existing character. An access easement is
needed for portions of the Good Medicine Way trail. No flood hazard areas have been
identified.
(2) Does the project preserve or replace existing natural vegetation?
No significant woody vegetation exists on the site which is covered in grasses. The proposed
landscaping plan identifies revegetation procedures for disturbed areas which will remain as
open space. A condition has been suggested by staff for the reestablishment of vegetation in
areas which are disturbed for construction of the sewer main. There is a considerable amount
of weeds on the property. A weed management plan is provided with the associated
subdivision.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 22 of 29
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized
and cohesive planned unit development?
Yes, the design layout and private design covenants provides a cohesive set of standards.
(4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project?
The proposed extensions of the trail system will facilitate travel by walking and bicycling
which reduces overall energy use. Location as an infill development reduces total travel
distances. The building code will apply energy efficiency standards at the time of building
construction. The extension of the bike lane along S. 3rd will advance the development of the
City’s non-motorized travel network.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
Yes, the open space placement helps provide for privacy by buffering the development from
adjacent uses.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of
park land or open space been provided for each proposed dwelling as required by
section 38.27.020.
The required parkland is provided. See discussion above under site plan criteria eight.
(7) Performance. All PUDs shall earn at least 20 performance points.
The project meets the required performance standard by providing option (b) Additional open
space. An area of 31,882 square feet is required to provide enough private open space to meet
this performance standard. An area of 38,362 of private open space has been provided. More
than the minimum area of public parkland has also been provided. Collectively the park and
open space is 31% of the net project area.
(8) Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated "pad" to adjoining development?
The pedestrian system and open spaces integrate into adjacent development. Significant
public comment was received during the annexation of this project from adjacent residents
asking that the new development not connect to Good Medicine Way. The proposed design
respects that public comment. The use of the site is for residential uses and open space which
is consistent in character of use with adjoining development.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to enhance
the natural environmental, conserve energy, recognize, and to the maximum extent possible,
preserve and promote the unique character of neighborhoods, with provisions for a mix of
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 23 of 29
limited commercial development. For purposes of this section, "limited commercial
development" means uses listed in the B-1 neighborhood service district (article 10 of this
chapter), within the parameters set forth below. All uses within the PUD must be sited and
designed such that the activities present will not detrimentally affect the adjacent residential
neighborhood. The permitted number of residential dwelling units shall be determined by the
provision of and proximity to public services and subject to the following limitations:
(1) On a net acreage basis, is the average residential density in the project
(calculated for residential portion of the site only) consistent with the development
densities set forth in the land use guidelines of the city growth policy?
Yes, the Suburban Residential land use designation describes a preexisting pattern of lots
being two acres or less. The proposed development has lots of less than two acres in size.
Generally, the growth policy encourages infill development at densities respectful to but
which may be higher than what may be currently in place. The lot sizes are considerably
above the minimums required for other single detached homes in other zoning districts in the
City.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios
and balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
Private yards are provided. Open spaces are also provided which allow for separation from
adjacent properties. The size of the open spaces conforms to City standards.
(3) Does the project provide for outdoor areas for use by persons living and working
in the development for active or passive recreational activities?
Public park is provided and connections to the extensive existing trail system in the area. The
nature of the park is more naturalized in keeping with the character of the adjacent open
spaces. The trail networks provide opportunity for a variety of active uses and link to more
developed recreational areas through the community trail network.
(4) If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide issues
of affordability and diversity of housing stock?
No density bonus is requested.
(5) Is the overall project designed to enhance the natural environment, conserve
energy and to provide efficient public services and facilities?
Yes, the density of the project provides for less energy use and more efficient public services
by shortening travel distances and length of required utility extensions. The existing ditch on
the site is protected and enhanced with landscaping. Providing a higher density development
places less demand on municipal services both with initial installation and long term
maintenance. Several alternatives for sewer main routing are discussed above.
(6) Residential density bonus. If the project is proposing a residential density bonus
(30 percent maximum) above the residential density of the zoning district within which
the project is located and which is set forth in article 8 of this chapter, does the
proposed project exceed the established regulatory design standards (such as for
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 24 of 29
setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent
neighborhood development? The number of dwelling units obtained by the density
bonus shall be determined by dividing the lot area required for the dwelling unit type
by one plus the percentage of density bonus sought. The minimum lot area per dwelling
obtained by this calculation shall be provided within the project. Those dwellings
subject to chapter 10, article 8, shall be excluded in the base density upon which the
density bonus is calculated.
No bonus is requested.
(7) Limited commercial. If limited commercial development, as defined above, is
proposed within the project, is less than 20 percent of the gross area of the PUD
designated to be used for offices or neighborhood service activities not ordinarily
allowed in the particular residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve
and promote the unique character of neighborhoods in the surrounding area?
Yes, the PUD is a lower density development on larger lots which is the existing character.
The pattern is similar to the adjacent Sundance Springs development which is also within the
City limits and zoned as Residential Suburban. The adjacent development to the north and
east is not annexed and must be on substantially larger lots to provide onsite water and sewer
treatment. It is expected that these county parcels will annex and redevelop to a higher
density over time but will be unlikely to meet the typical city densities due to slopes,
watercourses, and similar site constraints.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other
process step.
a. Section 38.20.060 requires the applicant to submit a final plan within 12 months of
preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Department of Community Development. The director will set
the required number of copies. This is the final step in the site zoning entitlement process.
An application form and fee is required in addition to the final plan set submittal.
b. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a
subdivision identification sign or other permanent sign.
c. Section 38.20.060 states that the project must be completed within two years of final
approval, or said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Community Development
Director. For your information, Code requirement.
d. Section 38.39.030 requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvements including, but not limited to landscaping, ADA accessibility
requirements, private infrastructure, or other requirement elements were installed in
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 25 of 29
accordance with the approved site plan, plans and specifications. For your information. This
will be required prior to occupancy following construction.
e. All construction activities shall comply with section 38.39.020.A.2 of the Unified
Development Code. 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.
f. Section 38.39.030 requires that 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 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.
g. Storm water Master Plan:
Per Chapter 40, BMC a Storm water Master Plan for the subdivision for a system designed to
remove solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport runoff
to the storm water receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical storm water detention/retention basin and discharge structure details, basin sizing
calculations and a storm water maintenance plan.
h. Per Chapter 40, BMC a Storm Water Management Permit (SMP) must be submitted and
approved by the City Engineer prior to Final Site Plan Approval. The SMP requires
submittals of an application form and a Storm Water Management Plan in compliance with
the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is
independent of any other storm water permitting required from the State of Montana, and
does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP)
if they are required for this development. A copy of the Notice of Intent (NOI), the Storm
Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana
Department of Environmental Quality shall be submitted to the City.
Any storm water ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance of the open space. Storm water 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.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 26 of 29
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.
i. 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 38.39.020.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.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-S” (Residential Suburban District). The intent of the R-S
District is “to allow open space, resource protection and primarily single-household
development in circumstances where environmental constraints limit the desirable density.
All new subdivision and site plan developments in this district shall be subject to the
provisions of article 20 of this chapter, pertaining to planned unit development, and shall be
developed in compliance with the adopted city growth policy.”
Adopted Growth Policy Designation:
The property is designated as “Suburban Residential” in the Bozeman Community Plan. The
Plan indicates that “This category indicates locations generally outside of City limits, but
within the planning area, where a land development pattern has already been set by rural
subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or
less. It is probable that portions of this area may be proposed for annexation within the next
twenty years. The area is able to be served with municipal water and sewer services with
appropriate extensions of main lines. Any further development within this area should be
clustered to preserve functional open space. Individual septic and well services are
discouraged. If development is proposed within reasonable access distances to waste water
and water services, annexation to the City should be completed prior to development.”
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 27 of 29
APPENDIX C – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
The site is located at 3601 Good Medicine Way. The site is 5.01 acres in size. The proposal
is to subdivide an existing parcel in the R-S (Residential Suburban) District to create nine (9)
single-household residential lots, two open space lots, and parkland parcel. Accessory
dwelling units are not being addressed in the covenants. The Planned Unit Development
(PUD) review is required in R-S Districts. No variances are being requested with the
application. However, the Applicant has requested eight relaxations in the PUD application.
A subdivision to create the nine lots is being processed concurrently with the PUD.
Project Background
The parent tract was created through Amended Plat of Minor Subdivision No. 35 filed with
the Gallatin County Clerk & Recorder in November of 1980. A note on plat stated Lot 4, the
subject property, “is to be used as a church site and accessory uses of a church.” This
restriction was later removed. The property was annexed by the City in October, 2012
through Resolution 4415. The Applicant requested an initial zoning designation of R-1
(Residential Single Household Low Density) and was approved for R-S.
After annexation the property went through a Pre-Application subdivision and PUD concept
review. The proposed preliminary plat and plan is substantially similar to the pre-application
proposal including nine residential lots, two open space lots and a park.
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 28 of 29
APPENDIX D – NOTICING
Noticing was provided by posting the site, publication of a legal advertisement in the
Bozeman Daily Chronicle, and by mailing a notice to all landowners within 200 feet of the
perimeter of the planned unit development. Notice was provided at least 15 and not more
than 45 days prior to the City Commission public hearing on November 4, 2013.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Mahar Montana Home, 1627 W. Main Street, #370, Bozeman MT 59718
Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Chris Saunders, Policy and Planning Manager
APPENDIX F –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD) concept,
to promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and
protection of the public health, safety and general welfare, it shall be the intent of this chapter
to promote the city's pursuit of the following community objectives:
1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to
all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
Z-13131, Staff Report for the Ellis View Estates Preliminary Planned Unit Development
Page 29 of 29
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040