HomeMy WebLinkAboutBAXTER MEADOWS PH.1
CITY COMMISSION STAFF REPORT
BAXTER MEADOWS PHASE I MODS CUP/PUD FILE NO. #Z-05264
#Z-05264 Baxter Meadows Phase I Mods CUP/PUD Staff Report 1
Item: Zoning Application #Z-05264 An application for modification of the
Conditional Use Permit for a Planned Unit Development for the
Baxter Meadows Phase I Planned Unit Development Preliminary Plan
to allow a change in land use designations and to allow additional
relaxations to use existing residences in Phase 1 to be to meet the
Restricted Size Lot requirement in Phase 3. The modifications will
impact Lot 1, Block 1 and Lots 1-40, Block 4 and Lots 5-6, Block 2,
Baxter Meadows Subdivision Phase 1, City of Bozeman, Gallatin
County, Montana. The property is zoned “R-3” (Residential Medium
Density District).
Owner: Baxter Meadows Development, LP Helena Springs Partners
P.O. Box 81487 P.O. Box 10968
Billings, MT 59108 Bozeman, MT 59719
Representatives: PC Development
3985 Valley Commons Drive
Bozeman, MT 59718
Date: Before the Bozeman City Commission on Tuesday, January 17, 2006 at
7:00 p.m., in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
Report By: Jami Morris, Associate Planner
Recommendation: Conditional Approval of the PUD
PROJECT LOCATION
The subject properties impacted by the modification are legally described as Lot 1, Block 1 and Lots 1-40,
Block 4 and Lots 5-6, Block 2, Baxter Meadows Subdivision Phase I, City of Bozeman, Gallatin County,
Montana. The property is zoned “R-3” (Residential Medium Density District). Please refer to the following
vicinity map.
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PROPOSAL
The proposed modifications would allow a change from a designation of Community Center to Residential
on Lot 1, Block 1 which is already developed with a residence, a type 1 service building and a barn. A
majority of the lot is currently vacant and the landowner would like to construct some condominiums on
the west side of the property. The existing residence on the east side of the property was originally planned
to be converted to a bed and breakfast and is now planned for use as a residence only. The type I service
building houses Vivid Network and the barn is currently used by the property owner for storage.
The applicant has also requested a change in designation on two lots planned for Live/Work to be
designated strictly Residential. The applicant feels the Tracker building to the east has successfully
incorporated the live/work concept and would prefer to have the restriction lifted from the two lots in
order for a residential condominium project to be developed.
In addition to modifying the overall plan for Phase 1 the applicant is also seeking relaxations from the
Unified Development Ordinance to allow forty of the existing residences in Block 4 of Phase 1 to be used
to meet the Restricted Size Lot requirement being generated with the development of Phase 3 of Baxter
Meadows Subdivision. The Baxter Meadows Planned Unit Development and Phase 1 of the subdivision
were approved prior to the Restricted Size Lot requirement in the City’s ordinance. Originally, Phase 1 was
granted significant lot size relaxations in order to construct average sized homes on much smaller lots.
Since then Baxter Meadows has submitted an application for the subdivision of the remainder of the
property as Phase 3. Only Phase 3 is required to meet the RSL requirement and the applicant would prefer
to use the smaller, previously developed lots to reduce their overall RSL needs in Phase 3. Therefore,
additional relaxations must be requested for Phase 1 since the existing homes do not meet the minimum
standards for a Restricted Size Lot.
The requested relaxation would apply to the single household lots that average 2,600 to 3,050 square feet in
size with homes that range from less than 1,515 square feet to 1,776 square feet in size. The lots do not
meet the 5,000 square foot lot size requirement and the homes do not meet the floor area ratio of 1:3.3.
Naturally, the current homeowners have to agree to the deed restriction to convert their lots and homes to
RSL. If the City Commission approves the requested relaxations then the existing homes could not be
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expanded. This may not be much of a problem since a majority of properties were developed to the
maximum extent possible to still meet the setback and lot coverage restrictions applicable to Baxter
Meadows.
The requested modifications and relaxations to the approved Baxter Meadows Phase I Planned Unit
Development and Planning Staff’s recommendations are as follows:
a) A modification to an approved Planned Unit Development for a change in land use designation for Lot
1, Block 1, Baxter Meadows Subdivision from Community Center to Residential. Planning Staff supports
the modification from Community Center to Residential on Lot 1A, Pebble Brook Minor Subdivision only. The lots
supporting the barn, bed and breakfast and the type I essential service shall remain Community Center.
b) A modification to an approved Planned Unit Development for a change in land use designation for Lots
5 and 6, Block 2, Baxter Meadows Subdivision Phase 1 from Live/Work to Residential. Planning Staff
supports this relaxation.
c) Section 18.42.180.C to allow Restricted Size Lots (RSL) to be less than 5,000 square feet for single
household detached dwelling; Planning Staff supports the idea that smaller lots sizes help to increase affordability,
and supports this relaxation subject to conditions of approval.
d) Section 18.42.180.D to allow dwellings constructed on RSL to not be subject to Section 18.16.030.C,
which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lot
sizes more floor area could be constructed in the house for the same cost, and recommends conditional approval.
ZONING DESIGNATION & LAND USES
Phase 1 of Baxter Meadows Subdivision is zoned R-3 (Residential Medium Density District) and B-2
(Community Business District) and the impacted properties are all zoned R-3 (Residential Medium Density
District).
Lots 1-40, Block 4 proposed to meet the RSL requirement are located between Ferguson Avenue and
Gallatin Green on the south side of Equestrian Drive. The properties are developed with single household
residences and are adjacent to other single household residences to the south and west with multi-household
development to the east. The area to the north is planned residential as well.
Lots 5-6, Block 2 planned for Live/Work units are located just east of Lots 1-40, Block 4 across Gallatin
Green. The lots are vacant with the Tracker building (a mixed use building with commercial and residential)
to the east and multi-household to the south. The area to the north is planned for residential.
Lot 1, Block 1 is located on the southeast corner of Baxter Lane and Ferguson Avenue extended. The
property is already developed with a residence, the Vivid Networks facility and a barn. The property owner
would like to construct the west half of the property with residential condominiums. The properties to the
north (across Baxter Lane) are developed with single household residences and the Regional Park is adjacent
to the lot along the south and east lot lines. The property to the west will likely be residential development
as well.
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ADOPTED GROWTH POLICY DESIGNATION
The impacted properties are designated as Residential in the Bozeman 2020 Community Plan.
Residential. This category designates places where the primary activity is urban density living quarters.
Other uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. The residential designation also indicates that it is
expected that development will occur within municipal boundaries which may require annexation prior to
development. The dwelling unit density expected within this classification varies. It is expected that areas of
higher density housing would be likely to be located in proximity to commercial centers to facilitate the
broadest range of feasible transportation options for the greatest number of individuals and support
businesses within commercial centers. Low density areas should have an average minimum density of six
units per net acre. Medium density areas should have an average minimum density of twelve units per net
acre. High density areas should have an average minimum density of eighteen units per net acre. A variety
of housing types should be blended to achieve the desired density with large areas of single type housing
being discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally expected
within this classification.
All residential housing should be arranged with consideration given to the existing character of adjacent
development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals
of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal
locations for additional housing within the Planning Area.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters
of the Unified Development Ordinance (UDO), and as a result offers the following summary review
comments below. The findings outlined in this report include comments and recommended conditions
provided by the Development Review Committee (DRC) and the Design Review Board (DRB).
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission shall consider
the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the “Residential” land use classification
in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020
Community Plan include the following:
Goal 4.9.1 Community Design- Create a community composed of neighborhoods
designed for human scale and compatibility in which services and amenities are
convenient, visually pleasing, and properly integrated and designed to encourage
walking, cycling and mass transit use.
and
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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 modification from the PUD Live/Work designation to Residential would allow
the property owner to construct residential condominiums similar to the units
previously constructed directly adjacent to the south so any future development
should be compatible with the existing pattern of development along the east side of
Gallatin Green Drive.
One of the objectives of this goal is to provide for a “mix of housing types, sizes and
styles to encourage a wide variety of housing within each neighborhood.” The
Baxter Meadows PUD was always planned to provide a variety of housing types and
Phase I has adequately met this goal. The RSL relaxations requested by the applicant
would enable the developers to get credit for the bungalow homes constructed on
the smaller lots. The units were constructed prior to the RSL requirement so they do
not meet the City’s adopted square footage ratio of 1:3.3 nor do the lots meet the
minimum lot size requirements. However, the units do provide an alternative to the
typical 1,515 square foot home on a 5,000 square foot Restricted Size Lot.
If the City Commission approves the request for a modification from Community
Center to Residential on Lot 1, Block 1 then the property owner plans to further
develop the west half of the property with 20 residential condominiums. The
applicant has argued that the Community Center designation will not go away
entirely but will instead be met with the YMCA which will likely be located to the
southeast of the subject property. The Planning Staff is still optimistic that if the
existing residence and the barn remain Community Center there is still the potential
that the structures could fulfill some neighborhood need as a meeting hall for the
Baxter Meadows residents.
Although the requested modifications are not incompatible with the overall
development plan for Baxter Meadows Phase I or any of the future phases it does
concern City Staff that the proposed modifications may be construed as a
substantive change for home owners in Phase I that purchased their homes based on
the original PUD Plan which depicted Live/Work units on Lots 5-6, Block 2 and
Community Center use on Lot 1, Block 1.
Goal 8.14.1 Protect the public health, safety and welfare of Bozeman area
residents, and protect private and public property.
Additional buffers and screening will likely be required if the Pebble Brook site is
permitted to develop as Residential instead of Community Center. The Planning
Board expressed concern over residences being constructed directly adjacent to the
Regional Park.
In the event the City Commission allows the developer to count the existing
residences in Baxter Meadows Phase I towards the RSL requirement in Baxter
Meadows Phase III then the home owners on Lots 1-40, Block 4 will have to sign an
agreement allowing a deed restriction to be placed on their property.
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2. Conformance to this title, including the cessation of any current violations
a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final PUD Plan
within 1 year of preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Office. The Final PUD
Plan approval must be obtained prior to work on the property.
b. Section 18.34.100.C states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional
Use Permit procedure. All special conditions and code provisions shall constitute
restrictions running with the land, shall be binding upon the owner of the land, his
successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner
of the land, successor or assigns.
c. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure
pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances, and regulations
The applicant is required to provide copies of all applicable permits, in regards to storm
water, wetlands and stream requirements, with the Final Plan submittal.
4. Relationship of site plan elements to conditions both on and off the property
Not applicable, with the conditions required in the previous approval of Baxter Meadows
Phase I, the elements of the PUD plan including the land use patterns, circulation, and open
space are arranged in an appropriate manner for a neo-traditional mixed-use development
and would be compatible with the conditions both on and off the property.
As previously stated, the Planning Board was not generally supportive of allowing a
residential development to be constructed directly adjacent to the Regional Park.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Not applicable, the impact of the proposal on the existing and anticipated traffic and parking
conditions was addressed with the previous approval of Baxter Meadows Phase I PUD. Any
additional impacts to traffic will be evaluated with future development or redevelopment of
the Pebble Brook site.
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6. Pedestrian and vehicular ingress and egress
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD.
8. Open space
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD.
9. Building location and height
The existing buildings proposed to meet the RSL requirement have already been constructed
and do not exceed the City’s maximum height requirements.
Future construction on Lots 5-6, Block 2, currently designated Live/Work and Lot 1, Block
1 (Lot 1A, Pebble Brook) are currently vacant. Future construction could not exceed the
maximum building height in the “R-3” zoning district:
32 feet for a roof pitch less than 3:12
38 feet for a roof pitch between 3:12 and 6:12
40 feet for a roof pitch between 6:12 and 9:12
42 feet for a roof pitch greater than 9:12
10. Setbacks
Minimum yard setbacks in the “R-3” zoning district:
15 or 20 foot front yard setback (20 feet for the garage and 15 feet for the remainder
of the house)
20 foot rear yard
5 foot side yard
25 foot arterial street setback adjacent to Baxter Lane
50 foot watercourse setback from the wetland edge
11. Lighting
The street lights to be installed along Ferguson Avenue must match the lights approved with
the Baxter Meadows PUD.
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12. Provisions for utilities, including efficient public services and facilities
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD.
13. Site surface drainage
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD and with the Pebble Brook Minor Subdivision.
14. Loading and unloading areas
Not applicable.
15. Grading
Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase I
PUD and Pebble Brook Minor Subdivision.
16. Signage
Not applicable.
17. Screening
Should the City Commission approve the requested change in land use designation on Lot 1,
Block 1 (Pebble Brook) from Community Center to Residential then the Planning Office
will evaluate special buffers and screening of any future residential development from the
adjacent Regional Park.
18. Overlay district provisions
Not applicable
19. Other related matters, including relevant comment from affected parties
Not applicable.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
Not applicable.
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Section 18.34.100 “City Commission Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
This Planned Unit Development application for a neo-traditional mixed-use development
includes a request for two deviations from the Unified Development Ordinance. Other than the
deviations noted in the report and the conditions recommended for approval, the site is
generally adequate in size and topography to accommodate the potential uses and related site
improvements.
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof.
The proposed modifications as suggested by the Planning Staff should not create any adverse
effect on the abutting property. The removal of the Live/Work land use designation will allow
construction of residential units similar to the adjacent properties. Allowing the existing homes
in Baxter Meadows Phase I to count as RSL for Baxter Meadows Phase III does not change the
character of the neighborhood. The residences do not change. In fact the modification would
prohibit a majority of the proposed units from further expanding. The modification from
Community Center to Residential is the only change that has the potential for impacting adjacent
properties. However, Planning Staff is confident that a majority of the issues could be dealt with
through additional setbacks, vegetative buffers and fence restrictions and/or requirements.
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Regulation of use. The City Commission voted to allow the Restricted Size Lots in Baxter
Meadows Phase II to be as large as 1,575 square feet. For the purposes of being consistent
throughout the PUD the Planning Staff has recommended a condition of approval that
would restrict the developer from counting any of the existing residences within Lots 1-40,
Block 4 that exceed 1,575 square feet.
The only regulation of use would be the deed restrictions potentially placed on the existing
residences on Lots 1-40, Block 4 which would be prohibited from exceeding 1,575 square
feet exclusive of the garage. According to the memo from Jason Leep there are 2 residences
at 1,776 square feet, 8 residences at 1,576 square feet and 15 residences less than 1,515
square feet. This accounts for 25 of the 40 lots within Block 4. Planning Staff is under the
impression that the remaining 15 homes already exceed 1,800 square feet that the developer
has requested as the maximum square footage for the relaxation.
The current land use designation of Community Center on the Pebble Brook site and the
existing Live/Work designation currently restrict the potential development of those lots.
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The developer is requesting to lift those restrictions so that the two lots designated
Live/Work could be developed solely with residential units and so that Pebble Brook could
be further developed with residential condominiums. The Live/Work designation would be
fulfilled in the Tracker Building and the Community Center designation would be met
elsewhere in Baxter Meadows with the YMCA.
b. Special yards, spaces and buffers. Planning Staff has not recommended any additional
conditions addressing special landscaped yards and buffers with this application. There will
likely be conditions of approval imposed on the site development for Pebble Brook if they
are permitted to construct condominiums instead of a Community Center.
c. Special fences, solid fences and walls. Planning Staff has not recommended any additional
conditions addressing special fences. There will likely be conditions of approval imposed on
the site development for Pebble Brook if they are permitted to construct condominiums
instead of a Community Center.
d. Surfacing of parking areas. Not applicable.
e. Requiring street, service road or alley dedications and improvements or appropriate bonds.
All public streets will be dedicated and improved.
f. Regulation of points of vehicular ingress and egress. Not applicable, previously addressed at
preliminary approval of Baxter Meadows Phase I PUD and Pebble Brook Minor
Subdivision.
g. Regulation of signs. Not applicable.
h. Requiring maintenance of the grounds. Not applicable, previously addressed at preliminary
approval of Baxter Meadows Phase I PUD and Pebble Brook Minor Subdivision.
i. Regulation of noise, vibrations and odors. The proposed modifications should not create
any issues with noise, vibrations and odors.
j. Regulation of hours for certain activities. The proposed modifications should not create any
issues that would require the regulation of hours.
k. Time period within which the proposed use shall be developed The applicant must submit
the Final Plan within 1 year of City Commission approval, and must undertake development
of the project within 2 years of Final Plan approval.
l. Duration of use. Conditional use permits run with the land, subject to application and
adherence to all special conditions of approval. Planning Staff has not recommended any
additional conditions addressing duration of use.
m. Requiring the dedication of access rights. It is a code provision that all rights of way be
dedicated.
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n. Other such conditions as will make possible the development of the City in an orderly and
efficient manner. Any additional conditions stated in this approval are deemed necessary to
protect the public health, safety and general welfare.
Section 18.36.090 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unite development, find favorably as follows:
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?
The applicant has not requested a deviation, waiver or relaxation from any of the above
listed services, and the development generally complies with city design standards.
2. Does the project preserve or replace existing natural vegetation?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
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6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area
of park land or open space been provided for each proposed dwelling as required by
'18.50.020, BMC?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential
developments within the North 19th Avenue/Oak Street corridor shall earn thirty
points. Points may be earned in any combination of the following. The applicant
shall select the combination of methods but the City may require documentation of
performance, modifications to the configuration of open space, or other assurances
that the options selected shall perform adequately.
(a) Provision of affordable housing: Two points for each percent of constructed
dwellings in the residential development; OR – One point for each constructed
dwelling or lot donated to the City;
(b) Additional open space: One point for each percent of the project area that is
provided as non-public open space; or one and one quarter points for each
percent of the project area that is provided as publicly accessible open space.
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD. No
additional amenities have been proposed in lieu of the requested modifications. The
applicant feels that the spirit and intent of the overall PUD will still be maintained.
8. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated “pad” to adjoining development?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
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 limited commercial development.
1. On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set
forth in the land use guidelines of the Bozeman growth policy?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
2. Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
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3. Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
Previously addressed at preliminary approval of Baxter Meadows Phase I PUD.
4. If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide
issues of affordability and diversity of housing stock?
The applicant is not proposing a density bonus.
5. Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities?
As a neo-traditional mixed-use development, the overall project is designed to enhance the
natural environment, conserve energy and to provide efficient public services and facilities.
6. Residential Density Bonus. 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 Chapter 18.16, BMC, does the
proposed project exceed the established regulatory design standards (such as for
setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent
neighborhood development?
Not applicable.
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?
Not applicable.
8. Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
The requested modifications will still preserve the unique character of the neighborhood.
Although the requested modifications are not incompatible with the overall development
plan for Baxter Meadows Phase I or any of the future phases it does concern City Staff that
the proposed modifications may be construed as a substantive change for home owners in
Phase I that purchased their homes based on the original PUD Plan which depicted
Live/Work units on Lots 5-6, Block 2 and Community Center use on Lot 1, Block 1.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the following analysis, the Planning Staff, Development Review Committee, the Design Review
Board and the Community Affordable Housing Advisory Board find that the application, with conditions, is
in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development
Ordinance.
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The Planning Staff and the Design Review Board could not support all of the relaxation as requested by the
applicant and instead find the modifications to the Planned Unit Development only supportable as follows:
a) A modification to an approved Planned Unit Development for a change in land use designation for Lot
1, Block 1, Baxter Meadows Subdivision Lot 1A, Pebble Brook Subdivision from Community Center to
Residential.
b) A modification to an approved Planned Unit Development for a change in land use designation for Lots
5 and 6, Block 2, Baxter Meadows Subdivision Phase 1 from Live/Work to Residential.
c) Section 18.42.180.C to allow Restricted Size Lots (RSL) to be less than 5,000 square feet for single
household detached dwelling.
d) Section 18.42.180.D to allow dwellings constructed on RSL to not be subject to Section 18.16.030.C,
which establishes a maximum floor area ratio of 1:3.3.
The following conditions of approval are recommended:
1. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180,
Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet.
on Lots 1-40, Block 4, Baxter Meadows Subdivision Phase 1.
2. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title
search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur
after verification of dwelling unit size compliance on all constructed lots subject to Planning
Department review and approval.
3. The owner shall execute and submit the following documents prior to final plan approval:
a. A certificate of completion and compliance stating that they understand any conditions of approval
and the submitted final site plans or master site plan have complied with any conditions of approval
or corrections to comply with code provisions.
b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge
that construction not in compliance with the approved final site plan may result in delays of
occupancy or costs to correct noncompliance.
c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal
Code and any conditions considered necessary by the approval body.
CONCLUSION/RECOMMENDATION
The DRC, DRB and CAHAB have reviewed the requested modifications to the Baxter Meadows Phase I
Planned Unit Development application to allow a change in land use designations and to allow additional
relaxations to use existing residences in Phase I to be to meet the Restricted Size Lot requirement in Phase
III, and as a result recommend to the City Commission conditional approval of said application with the
conditions and code provisions outlined above. Planning Staff has identified various code provisions which
are currently not met by this application. Some or all of these items are listed in the findings of this staff
report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance,
which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does
#Z-05264 Baxter Meadows Phase I Mods CUP/PUD Staff Report 15
not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
Attachments: Applicant’s Submittal Materials
DRB Minutes
Memo from Jason Leep dated November 17, 2005
Report Sent To: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718
Helena Springs Partners, P.O. Box 10968, Bozeman, MT 59719