HomeMy WebLinkAboutBAXTER SQUARE MASUB
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
August 27, 2003
JKG & Associates
284 Frontier Drive
Bozeman, MT 59718
Re: Baxter Square PUD #Z-03184
At its August 11, 2003 meeting the Bozeman City Commission voted 4-0 to conditionally
approve the Conditional Use Permit application for a Planned Unit Development for the unified
development of 101-townhouses and two 8-plex multi-household units in association with the approval
for Baxter Square Subdivision PUD. The project was approved for concurrent construction of buildings
and the subdivision infrastructure as outlined for Planned Unit Developments in Section 18.50.030.D
“Water and Sanitary Sewer System Requirements” in the City of Bozeman Zoning Ordinance. The
project was also approved for relaxations from: a) Section 18.20.020 “Permitted Uses” to allow two 8-
plex apartment buildings in the “R-3” zoning district; b) Section 18.20.030 “Lot Area and Width” to
allow the townhouse clusters to be constructed on an average lot area less than 3,000 square feet; d)
Section 18.50.060.A “Permitted Encroachments Into Yards” to allow the townhouse patios to
encroach up to ten feet into the twenty foot rear yard setback; and g) Section 18.50.110.K “No Parking
Permitted in Required Front or Side Yards” to allow the parking lots for the 8-plexes to encroach up
to seven feet into the front yard setback and completely into the five foot side yard setback.
The proposal was evaluated against the review criteria and requirements of the City of Bozeman
Subdivision Regulations, adopted Growth Policy and the City of Bozeman Zoning Ordinance. The
Commission’s decision was based on the fact that, with conditions, the proposal will not be detrimental
to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the
Bozeman Zoning Ordinance and the Adopted Growth Policy. The decision of the City Commission is
final.
Seven copies of a final site plan, which shows how all conditions of approval and code
provisions have been addressed, must be submitted to the Planning & Community Development
Department, within 6 months, by February 11, 2004. A written narrative explaining how all of the
conditions of approval have been addressed must accompany the submittal. The conditions for
approval are as follows:
CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building 20 East Olive Street
Mailing address: P.O. Box 1230
Bozeman, Montana 59771-1240
Phone: (406) 582-2260
Fax: (406) 582-2263
E-mail: planning@bozeman.net World wide web: www.bozeman.net
Page 2
Conditions for Approval:
1. A materials sample board and color palette shall be provided with the Final Site Plan for review
and approval by the Administrative Design Review Staff.
2. Street trees shall be provided within the front yard setback on the streets without boulevards.
Standard Conditions of Approval:
3. 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.
4. 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.
5. 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.
6. The applicant must submit seven (7) copies a Final Site Plan within 6 months of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
7. A Building Permit must be obtained prior to the work, and must be obtained within one year of
Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation, but
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
8. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half times the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than twelve (12) months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
Code Provisions:
9. The final site plan, building permits and occupancy of all structures shall be in compliance with
the criteria outlined in Section 18.50.030.D.3 for concurrent construction.
10. Per Section 18.49.040.C.3 “Preparation of a Landscape Plan”, landscape plans shall be prepared
and certified by a registered Montana Landscape Architect, an individual with a degree in
Page 3
landscape design and two years of professional design experience, or an individual with a degree
in a related field and at least five years of professional design experience. The final landscape
plan shall indicate both existing vegetation to be preserved and proposed vegetation.
11. The 8-plex parking lots shall conform to Section 18.49.060.C “Parking Lot Landscaping,” which
states that internal parking lot landscaping provided shall be proportionately dispersed so as to
define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with
landscaped areas provided in an appropriate scale to the size of the parking lot. The minimum
width and/or length of any parking lot landscaped area shall be eight feet.
12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining
properties and shall not detract from driver visibility on adjacent streets. Luminaries and lenses
shall not protrude below the edge of the light fixture per Section 18.50.035.A.
13. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g “Setback Planting”.
14. Per Section 18.50.110.B.13 “Pedestrian Facilities in Parking Lots,” concrete sidewalks a
minimum of three feet in width shall be provided between any existing or proposed building and
adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of
sidewalk width is required.
15. Per Section 18.50.110.F.3 “Disabled Accessible Parking Spaces”, parking spaces and access
aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be
located at a distance no greater than five feet from the front of each accessible space and shall
state “Permit Required $100 Fine”. One of the disabled accessible spaces shall also be signed
“Van Accessible”.
16. Section 18.50.110.F.1.b.i “Affordable Housing”, when calculating the amount of required
parking for affordable housing, as defined in Chapter 18.04, if the project is guaranteed for use as
affordable housing for a minimum period of 30 years and the use as affordable housing is subject
to long term monitoring to ensure compliance and continued use as affordable housing, all
parking shall be calculated as if on-street parking were available for each affordable dwelling
unit provided, and shall not exceed that required for a 2 bedroom dwelling.
17. Section 18.54.060.C.4.d “Open Space Maintenance Plan,” requires that the developer submit a
legal instrument setting forth a plan providing for the permanent care and maintenance of open
spaces, recreational areas, communally owned facilities, and parking lots. Once the document
has been approved by the city, the property owner shall file the document with the County Clerk
and Recorder’s Office. A copy of the recording receipt and the signed and notarized document
shall be provided with the final site plan submittal.
18. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of
contents that identifies each chapter and page numbers, with the final site plan as described in
Section 18.54.080.D.2 “Developmental Guidelines Submittal Requirements”. The City of
Page 4
Bozeman shall be third party to any changes or modifications made to the restrictive Covenants
and Architectural Guidelines as they relate to any zoning and/or planning bylaws.
19. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the
construction and installation of any signage on-site in accordance with Section 18.65 of the City
of Bozeman Zoning Ordinance.
Please call me if you have any questions regarding the conditions, code provisions, or the final
site plan approval process.
Sincerely,
Jami Morris
Assistant Planner
JM/jm
cc: Buffalo Land Management, L.L.C., 12720 Camp Creek Road, Manhattan, MT 59741
Evert Wierda, 13707 Camp Creek Road, Manhattan, MT 59741
Baxter Square Partners, L.L.C., 317 Sanders Avenue, Bozeman, MT 59718
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
Baxter Square CUP/PUD Staff Report 1
CITY COMMISSION STAFF REPORT FILE NO. Z-03132
BAXTER SQUARE CUP/PLANNED UNIT DEVELOPMENT
ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-03132. A
PRELIMINARY PLAN FOR A ZONING PLANNED UNIT
DEVELOPMENT FOR A UNIFIED DEVELOPMENT PLAN FOR 101
TOWNHOUSE UNITS, TWO 8-PLEX APARTMENT BUILDINGS
AND ONE EXISTING SINGLE HOUSEHOLD RESIDENCE WITH
REQUESTED RELAXATIONS FROM THE CITY OF BOZEMAN
ZONING ORDINANCE ON PROPERTY LOCATED ON THE NORTH
SIDE OF BAXTER LANE WEST OF THE BAXTER LANE AND
THOMAS DRIVE INTERSECTION AND ZONED "R-3"
(RESIDENTIAL MEDIUM DENSITY DISTRICT).
REPRESENTED: C&H ENGINEERING & SURVEYING, INC.
205 EDELWEISS DRIVE
BOZEMAN, MT 59718
JKG & ASSOCIATES
285 FRONTIER DRIVE
BOZEMAN, MT 59718
OWNERS: BUFFALO LAND MANAGEMENT, L.L.C.
12720 CAMP CREEK ROAD
MANHATTAN, MT 59741
EVERT WIERDA
13707 CAMP CREEK ROAD
MANHATTAN, MT 59741
BAXTER SQUARE PARTNERS, L.L.C.
317 SANDERS AVENUE
BOZEMAN, MT 59718
DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY,
AUGUST 11, 2003, AT 7:00 P.M., IN THE COMMISSION MEETING
ROOM, CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA
REPORT BY: JAMI MORRIS, ASSISTANT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
Baxter Square CUP/PUD Staff Report 2
Project Location:
The subject property is described as E½ W½ SE¼ SW¼, Section 35, T1S, R5E, Gallatin
County, Montana located on the north side of Baxter Lane west of the Thomas Drive and Baxter
Lane intersection. Please refer to the vicinity map provided.
Recommended Conditions of Approval:
The Bozeman Development Review Committee (D.R.C.) and the Design Review Board
(D.R.B.) have reviewed the Conditional Use Permit for a Planned Unit Development against the
criteria set forth in Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. Some of the
issues have been identified in the subdivision staff report and are not duplicated in this staff report.
Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends the
following conditions of approval and code provisions to the City Commission:
Conditions for Approval:
1. A materials sample board and color palette shall be provided with the Final Site Plan for
review and approval by the Administrative Design Review Staff.
2. Street trees shall be provided within the front yard setback on the streets without
boulevards.
Standard Conditions of Approval:
3. 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.
Baxter Square CUP/PUD Staff Report 3
4. 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.
5. 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.
6. The applicant must submit seven (7) copies a Final Site Plan within 6 months of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
7. A Building Permit must be obtained prior to the work, and must be obtained within one year
of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation,
but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS
OBTAINED.
8. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal
to one and one-half times the amount of the estimated cost of the scheduled improvements
not yet installed. Said method of security shall be valid for a period of not less than twelve
(12) months; however, the applicant shall complete all on-site improvements within nine (9)
months of occupancy to avoid default on the method of security.
Code Provisions:
9. The final site plan, building permits and occupancy of all structures shall be in compliance
with the criteria outlined in Section 18.50.030.D.3 for concurrent construction.
10. Per Section 18.49.040.C.3 “Preparation of a Landscape Plan”, landscape plans shall be
prepared and certified by a registered Montana Landscape Architect, an individual with a
degree in landscape design and two years of professional design experience, or an individual
with a degree in a related field and at least five years of professional design experience. The
final landscape plan shall indicate both existing vegetation to be preserved and proposed
vegetation.
11. The 8-plex parking lots shall conform to Section 18.49.060.C “Parking Lot Landscaping,”
which states that internal parking lot landscaping provided shall be proportionately dispersed
so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet,
with landscaped areas provided in an appropriate scale to the size of the parking lot. The
minimum width and/or length of any parking lot landscaped area shall be eight feet.
Baxter Square CUP/PUD Staff Report 4
12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining
properties and shall not detract from driver visibility on adjacent streets. Luminaries and
lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A.
13. A watercourse setback planting plan shall be prepared by a qualified landscape professional
and shall be reviewed and approved by the Planning Department prior to the commencement
of development or site preparation. The plan shall include a schedule for planting and
landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.D.2.g “Setback
Planting”.
14. Per Section 18.50.110.B.13 “Pedestrian Facilities in Parking Lots,” concrete sidewalks a
minimum of three feet in width shall be provided between any existing or proposed building
and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet
of sidewalk width is required.
15. Per Section 18.50.110.F.3 “Disabled Accessible Parking Spaces”, parking spaces and access
aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be
located at a distance no greater than five feet from the front of each accessible space and shall
state “Permit Required $100 Fine”. One of the disabled accessible spaces shall also be
signed “Van Accessible”.
16. Section 18.50.110.F.1.b.i “Affordable Housing”, when calculating the amount of required
parking for affordable housing, as defined in Chapter 18.04, if the project is guaranteed for
use as affordable housing for a minimum period of 30 years and the use as affordable
housing is subject to long term monitoring to ensure compliance and continued use as
affordable housing, all parking shall be calculated as if on-street parking were available for
each affordable dwelling unit provided, and shall not exceed that required for a 2 bedroom
dwelling.
17. Section 18.54.060.C.4.d “Open Space Maintenance Plan,” requires that the developer submit
a legal instrument setting forth a plan providing for the permanent care and maintenance of
open spaces, recreational areas, communally owned facilities, and parking lots. Once the
document has been approved by the city, the property owner shall file the document with the
County Clerk and Recorder’s Office. A copy of the recording receipt and the signed and
notarized document shall be provided with the final site plan submittal.
18. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of
contents that identifies each chapter and page numbers, with the final site plan as described
in Section 18.54.080.D.2 “Developmental Guidelines Submittal Requirements”. The City of
Bozeman shall be third party to any changes or modifications made to the restrictive
Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws.
19. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to
the construction and installation of any signage on-site in accordance with Section 18.65 of
the City of Bozeman Zoning Ordinance.
Baxter Square CUP/PUD Staff Report 5
Proposal:
The Zoning Planned Unit Development application proposes to construct 101 townhouse
units and two 8-unit apartment buildings with requested relaxations and proposed improvements.
The property is being concurrently reviewed for the subdivision of the property. The development is
required to provide 0.03 acres of dedicated parkland per dwelling unit and 30% open space. The
open space requirement includes parkland and stream setbacks. The parkland required equates to
approximately 3.5 acres and the open space would be 3.1 acres. The site plan indicates a soccer field
in the middle of the subdivision and additional parkland being provided adjacent to the 50-foot
stream setback. If additional area cannot be provided to meet the total parkland dedication then
cash-in-lieu of parkland must be paid. A Class I trail, as noted in the Transportation Plan, is required
adjacent to Cattail Creek. The applicant has also depicted benches and associated landscaping for
the stream setback and park facilities.
The subdivision will be developed primarily with townhouse clusters ranging from two to
four units per cluster. However, one of the proposed relaxations is for the allowance for two
apartment-style condominium buildings. The “R-3” zoning district permits up to a four-plex or up to
a five-unit townhouse cluster. The apartment buildings would provide eight dwelling units per
building. The developer is attempting to get the dwelling units certified as affordable housing units.
If the units are certified as affordable then the parking requirement for the apartment buildings will
be reduced by one space per unit. The subdivision is required to have 218 off-street parking spaces
with 117 additional on-street parking spaces permitted. The wider public streets will have parking
on both sides and the narrower private streets will provide parking on one side of the street. The
development will also have parking adjacent to the public park in the center of the subdivision.
Staff does not support all of the requested relaxations from the zoning ordinance. Planning
does not support the reduction in drive aisle width and any of the deviations that would reduce the
parking stall length. Although the applicant has requested a relaxation to the drive aisle width for the
8-plex buildings it may not be required if half of the off-street parking can be eliminated due to the
exception in the code for parking related to affordable housing complexes. If this is the case then the
drive aisle reduction will not be necessary. Staff cannot support the relaxation of the stall length for
a couple of driveways within the corner side yard setback and front yard setback because of the
potential for vehicles to overhang the sidewalk and hinder pedestrian movements. Only compact
vehicles would be able to park in the shortened driveways.
The Planned Unit Development has been advertised with the following requested relaxations
from the Zoning Ordinance in exchange for a unified development and landscape plan. The
developers have indicated they may be able to redesign some of the units to address Staff’s concerns,
which may no longer necessitate the requirement for all of the originally requested relaxations.
a) Section 18.20.020 “Permitted Uses” to allow two 8-plex apartment buildings in the “R-3”
zoning district.
b) b) Section 18.20.030 “Lot Area and Width” to allow the townhouse clusters to be
constructed on an average lot area less than 3,000 square feet.
c) Section 18.20.050 “Yards” to allow the townhouses to encroach up to one and a half feet into
the twenty-foot front yard setback.
Baxter Square CUP/PUD Staff Report 6
d) Section 18.50.060.A “Permitted Encroachments Into Yards” to allow the townhouse patios
to encroach up to ten feet into the twenty foot rear yard setback.
e) Section 18.50.060.C “Special Yard Setbacks” to allow the townhouses to encroach up to two
feet into the fifteen foot corner side yard setback.
f) Section 18.50.110.B “Stall, Aisle and Driveway Design” to allow up to an eight foot
reduction to the standard drive aisle width of twenty-six feet for the 8-plex parking lots and
to allow the townhouse driveway stall length be reduced from twenty feet to eighteen feet.
g) Section 18.50.110.K “No Parking Permitted in Required Front or Side Yards” to allow the
parking lots for the 8-plexes to encroach up to seven feet into the front yard setback and
completely into the five foot side yard setback.
Adjacent Land Uses and Zoning:
The adjacent land uses and zoning designations in the immediate area of the proposed
development are as follows:
NORTH: "R-S"– Single Household Residence on unincorporated land.
SOUTH: "R-3" – Vacant
EAST: "R-S" – Single Household Residence with a janitorial service as a home occupation
WEST: "R-S" – Single Household Residence on unincorporated land.
Staff Findings:
The City of Bozeman Planning Office has reviewed the Planned Unit Development
application against Sections 18.52, 18.53 and 18.54 of the Zoning Ordinance, and offers the
following review comments. The findings outlined in this report include comments and
recommended conditions provided by the Development Review Committee (D.R.C.).
Baxter Square CUP/PUD Staff Report 7
Section 18.52 “Site Plan Review Criteria”
Site plan review criteria from section 18.52.030.F that are not discussed elsewhere follows:
A. CONFORMANCE WITHT THE CITY’S ADOPTED GROWTH POLICY.
• The property is designated Residential. The Residential land use designation denotes areas
where the primary activity is urban density living quarters.
• One of the implementing zoning districts in areas designated Residential is "R-3" Residential
Medium Density District. The intent of the R-3 district is to provide for the development of
one to five-household residential structures near service facilities within the city.
• Townhouse clusters up to five units per cluster is a permitted principal use in the "R-3"
district. Apartment buildings over four dwelling units require approval as a planned unit
development.
B. CONFORMANCE TO THIS TITLE, INCLUDING THE CESSATION OF ANY
CURRENT VIOLATIONS.
• Certain code/policy requirements and recommended conditions will ensure compliance with
the code. Elements that do not meet code have been noted as conditions of approval and code
provisions.
C. CONFORMANCE WITH ALL OTHER APPLICABLE LAWS, ORDINANCES AND
REGULATIONS.
• The intent of Section 18.54 “Planned Unit Development” is to promote maximum flexibility
and innovation in the development of land and the design of development projects within the
city. Per Section 18.54.030.A “a planned unit development may be applied to any
development having one or more principle uses or structures on a single parcel of real
property or contiguous parcels of real property”, as long as the use is consistent with the
Bozeman Growth Policy.
• The site plan has been reviewed against Sections 18.50, 18.52, 18.53 and 18.54 and staff has
found the application in general compliance with the requirements set forth in the Zoning
Ordinance. Any areas not addressed in the applicant’s proposal have been identified as code
provisions that shall be addressed on the Final Site Plan.
D. RELATIONSHIP OF SITE PLAN ELEMENTS TO CONDITIONS BOTH ON AND
OFF THE PROPERTY.
• The property is currently developed with a single household residence on the southwest
corner of the property. The proposal requests the addition of 101 townhouse units and two,
8-plex condominiums.
Baxter Square CUP/PUD Staff Report 8
• The adjacent properties to the north and northeast have not been incorporated into the city
limits. The area is primarily single household residences on parcels ranging from one acre to
ten acres in size.
• Access to the property will be provided primarily from Baxter Lane, which is identified as a
minor arterial street. A local street will be constructed through the subdivision to Thomas
Drive/North 27th Avenue, a collector street, in order to provide secondary access.
• All lots are required to be platted outside the 50-foot watercourse setback. Landscaping
within the setback must follow the guidelines outlined in Section 18.50.060.D.2.g “Setback
Planting”.
E. THE IMPACT OF THE PROPOSAL ON THE EXISTING AND ANTICIPATED
TRAFFIC AND PARKING CONDITIONS.
• According to the Traffic Impact Study each single household unit will generate
approximately 9.57 average weekday trip ends and the apartment buildings will generate
approximately 5.86 average weekday trip ends per unit. This equates to a total of 1,070
weekday trip ends.
• The traffic study estimates that the Baxter Meadows development at full buildout will create
as many as 23,000 new trips per day. The study concludes that the expected impacts of
Baxter Square, at full build out of both Baxter Square and Baxter Meadows, will only
account for 12% of the traffic on Baxter Lane.
• According to the Greater Bozeman Area Transportation Plan 2001 Update, Baxter Lane is
designated as a minor arterial that is expected to support 5,000 to 15,000 vehicles per day
and 27th Avenue is designated as a collector street, which will eventually be designed to
support 2,000 to 10,000 vehicles per day.
• Three parking spaces per two or three bedroom dwelling unit is required. Based on these
figures 218 off street parking spaces must be provided and 117 parking spaces must be
provided within the subdivision. The private streets have parking on one side of the road and
the pubic streets depict parking on both sides of the right of way.
• Parking for affordable housing units can be reduced to two spaces per unit, with half of the
spaces being provided off-street, based on a new provision in the zoning ordinance. This
may alleviate the need for a relaxation of the drive aisle if the applicant is able to eliminate
the extra row of parking depicted on the 8-plex site plan.
Baxter Square CUP/PUD Staff Report 9
F. THE CONSISTENCY OF THE PROPOSAL WITH RESPECT TO LAND USE
REQUIREMENTS.
• 6.6.1 Objective 6. Support infill development which respects the context of the existing
development which surrounds it. 6.6.2 Objective 3. Support and encourage compatible
infill development to avoid sprawl and unnecessary public expense. 4.9.1 Objective 6.
Develop infill within the existing are of the City rather than developing land requiring
expansion of the City’s area.
The east tract, originally called the Syme-Darvis Annexation, was formally annexed at the
end of 2002. The west tract was preliminarily approved for annexation as the D.A.K.
Annexation in 2002 but the City Commission has not yet formally adopted the annexation
agreement.
The proposal for the construction of 117 new dwelling units on the combined parcels will
offer high-density urban infill development within the city limits. The existing single
household residences located to the north and northeast of the subject property, outside of the
city limits, are mostly on one-acre tracts. The average density of the new subdivision is 11
units per net acre compared to the average one dwelling unit per acre of the neighboring
properties. The Bozeman Growth Policy recommends an average of 12 units per acre for
medium density zoning districts. The proposed development is higher in density than the
neighboring properties but consistent with the densities contemplated for Cattail Creek to the
north and future developments to the south. Ultimately, the development will be in harmony
with the expected densities for “R-3” zoned properties that encourage urban density infill
development.
The city limits and city infrastructure extend further west to Baxter Meadows. Additional
infrastructure will be required to be constructed in conjunction with the development
proposal.
G. PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS.
• Full access will be permitted from Baxter Lane and North 27th Avenue.
• The developers have obtained an easement to allow the construction of the local street across
the adjacent county parcels. Aside from the primary north/south street and the east/west
street to be constructed within a 60-foot right of way, the remaining streets will be designated
as private streets and constructed within a 32-foot public street easement.
• Boulevards will not be installed along the private streets.
• A pedestrian/bike trail will be constructed along the east side of Cattail Creek as required in
the Transportation Plan.
Baxter Square CUP/PUD Staff Report 10
H. BUILDING LOCATION AND HEIGHT.
Maximum Allowable Depicted
Building Height 38 feet 28 feet
Building Length 120 feet 65-120 feet
I. LANDSCAPING.
• The landscape plan meets the required Landscape Performance Standards.
• Additional landscaping is required in the form of zone plantings within the watercourse
setback and the apartment building parking lots must be landscaped to meet the mandatory
landscaping requirements.
J. LIGHTING.
• The streetlight indicated in the site plan submittal conforms to our zoning standards as long
as it is equipped with a cut off lens.
K. PROVISIONS FOR UTILITIES.
• One of the recommended conditions of approval associated with the subdivision would
require the subdivider to install an irrigation well for the watering of residential yards, parks
and open space areas. An irrigation well will eliminate the use of treated water for irrigation
purposes and is also a cost saving measure for the residents of the development.
• The 12” water main in Baxter Lane shall be extended to the western boundary of the
subdivision to conform to the City’s Water Master Plan. The developer further proposes to
extend the 8” sewer main located in the south end of Cattail Creek subdivision to the
subdivision along Thomas Drive/North 27th Avenue.
L. SITE SURFACE DRAINAGE.
• Storm water detention ponds are noted for the subdivision to the north of Lot 91, on the west
side of the park and along the west side of the trail.
• The ponds located within the park cannot be calculated towards meeting the dedicated
parkland requirements associated with the subdivision improvements.
M. OPEN SPACE.
• The Planned Unit Development review criteria require a minimum of 30% open space and
under the subdivision review a total of 3½ acres of dedicated parkland is required.
Baxter Square CUP/PUD Staff Report 11
• 30% open space has been provided exclusive of the yard setbacks and the parking lot
landscaping but inclusive of the watercourse setback. As discussed in the subdivision staff
report the parkland dedication has not been fulfilled. Approximately one acre of parkland
must still be accounted for but additional open space is not required.
• An open space maintenance plan must be submitted with the final site plan.
• The site plan indicates the installation of benches along the trail.
N. LOADING AND UNLOADING AREAS.
• Not applicable.
O. GRADING.
• The property will be graded with the subdivision infrastructure to provide adequate drainage
to storm water runoff ponds located on the north and west sides of the property.
P. SIGNAGE.
• A detail for the subdivision sign has been included with the site plan submittal materials.
One subdivision identification sign per entrance is permitted under Section 18.65. Each sign
cannot exceed sixteen square feet in area or five feet in height.
Q. SCREENING.
• Staff did not feel that adding screening between the existing and future development would
encourage integration of the two neighborhoods.
R. SETBACKS.
• The “R-3” (Residential Medium Density District) lots have a twenty-foot front and rear yard
setback and a five-foot side yard setback requirement. Corner lots with driveways within the
corner side yard have a twenty-foot corner side yard setback and a fifteen-foot corner side
yard setback if no driveway is present. The property has an additional fifty-foot stream
setback adjacent to Cattail Creek. The trail amenities are permitted within the setback as
depicted.
• The applicant has requested reductions in the setbacks for a few of the lots. Generally, when
reviewing a subdivision PUD we do not restrict the relaxations to just those lots encroaching
into the setbacks. Therefore, the relaxations have been advertised and if approved would be
permitted for all of the lots within the PUD. Planning Staff does not support the relaxation
of the corner side yard setback.
Baxter Square CUP/PUD Staff Report 12
S. OVERLAY DISTRICT PROVISIONS.
Not applicable.
T. OTHER RELATED MATTERS, INCLUDING EXPRESSED PUBLIC OPINION.
• No public comment has been received.
Section 18.53 “City Commission Consideration and Findings”
In approving a Conditional Use Permit application, the City Commission shall consider the
criteria set forth in Section 18.53.030 of the Zoning Ordinance and find 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.
The site is adequate in size to support the proposed uses. The applicant has requested a
reduction in yard setbacks but the reduction is not necessary for all of the townhouse clusters.
Sufficient parking is depicted on the site plan. The two affordable housing buildings will
qualify for a reduction in parking if they can meet the criteria outlined in Section 18.50.110
“Parking Requirements”. Staff is concerned with the possible reduction of any of the front
yard or corner side yard setbacks in relation to the inadequate stall length that would be
provided if approved. If permitted as proposed the bumpers of vehicles will overhang the
sidewalk and interfere with pedestrian movements.
2. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
City staff including the fire department believes the streets will be adequate in width if
constructed to a minimum width of 28 feet from face of curb to face of curb. This will leave
adequate space for two lanes of traffic and space for parking on one side of the street. The
Fire Department requires a minimum of 20 feet in width for fire trucks and our local street
design allows for on street parking being as narrow as 7 feet. However, the Engineering
Department could not support less than 8 feet for on street parking due to the presence of a
curbwalk and the lack of a boulevard. The conditions of approval will require improvements
to Baxter Lane and Thomas Drive/North 27th Avenue to bring them up to the standards
outlined in the Transportation Plan.
3. That the proposed use will have no adverse effect upon the abutting property.
There is no question that the proposal is dissimilar to the existing character of the
neighborhood. However, the conditions of approval should ensure that the project has
minimal impact on adjacent properties.
Baxter Square CUP/PUD Staff Report 13
4. That the proposed use shall be in conformance with the adopted Growth Policy.
The proposal is in conformance with the adopted Growth Policy as discussed in the
objectives outlined earlier in the staff report
5. That the conditional use has complied with all conditions stipulated in Chapter 18.50.
Section 18.50 establishes general development standards that are intended and designed to
assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance
the peace, health, safety and general welfare of the residents living within the zoning
jurisdiction of the City of Bozeman. The proposal satisfies most of the requirements of
Section 18.50, “General Building and Development Standards” of the Zoning Ordinance, the
Code Provisions listed with the Conditions of Approval will need to be addressed prior to
Final Site Plan approval.
6. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not
limited to: a) Regulation of use; b) Special yards, spaces and buffers; c) Special fences,
solid fences, and walls; d) Surfacing of parking areas; e) Requiring street, service road
or alley dedications and improvements or appropriate bonds; f) Regulation of points of
vehicular ingress and egress; g) Regulation of signs; h) Requiring maintenance of the
grounds; i) Regulation of noise, vibrations, 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; n) Other such conditions as will
make possible the development of the City in an orderly and efficient manner.
On July 8, 2003, the DRC voted 5 to 0 to forward a favorable recommendation based on
compliance with the conditions and code provisions outlined by Staff that identified any of
the potential concerns outlined in the Conditional Use Permit criteria. On July 8, 2003 the
DRB met to discuss the development proposal. Without a quorum they were unable to
forward conditions of approval or a formal recommendation. The board did voice concerns
over the possible lack of sufficient parking and the density of the project. The City
Commission may conclude that there are other conditions necessary to protect the public
health, safety and general welfare.
Section 18.54 “Planned Unit Development Criteria”
In approving a Planned Unit Development, the City Commission is charged with finding that
criteria outlined in Section 18.54.100 are adequately addressed and may consider any conditions
deemed necessary to protect public health, safety and welfare. Planning staff has evaluated the
application against the applicable Planned Unit Development review criteria and offers the following
summary review comments below.
Baxter Square CUP/PUD Staff Report 14
All Development
1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk and
height, neighborhood identity, landscaping, historical character, orientation of
buildings on the site and visual integrity?
The proposal is for mixed housing types at higher urban densities as expected in the “R-3”
zoning designation. Not only does the proposal meet the objectives of the zoning designation
it also meets the goals and objectives of the adopted Growth Policy by providing mixed
housing types (2-5 unit townhouse clusters and two apartment buildings) and affordable
housing units. The only buildings not consistent with the zoning are the 8-plex
condominiums, which the property owners are attempting to get certified as affordable units
through HRDC. The design of the townhouse buildings also helps provide more character
and break up the façade by incorporating different colors and materials for each unit to avoid
the doldrums of the typical multi-unit townhouse structure. The Commission may want to
consider moving the two apartment style buildings into the interior of the subdivision and
reducing the overall number of dwelling units adjacent to the existing single household
residences.
2. Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, sanitary supply, fire protection, flood hazard areas, telephone, cable television, trails/walks/bike ways, irrigation
companies, electricity, natural gas, storm drainage, streets?
The developers have requested concurrent construction of the buildings and the
infrastructure. The proposal will have to comply with the requirements outlined for
concurrent construction. Conditions of approval have been recommended to address the
infrastructure, irrigation, storm drainage and the trail corridor.
3. Does the project preserve or replace existing natural vegetation?
The application proposes to preserve the existing vegetation adjacent to the creek. Otherwise
the only existing mature vegetation is in association with the existing single household
residence.
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
Cattail Creek will not be altered and existing mature vegetation will be preserved within the
stream setback. Therefore, wildlife habitat will be maintained especially for birds, small
mammals and aquatic life.
Baxter Square CUP/PUD Staff Report 15
5. If the proposed project is located within a locally designated historical district or
includes a locally designated landmark structure, is the project in conformance with the city's Historic Preservation Ordinance?
Not applicable.
6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in
such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area?
The proposed streetlight that will be installed at road intersections and trail/road intersections
complies with the zoning requirements as long as the lens is flush with the fixture. The
covenants will ensure general compliance with the zoning ordinance and the desire to
maintain a dark sky policy even in a residential subdivision.
7. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) arranged on the site so that activities are integrated with the
organizational scheme of the community and neighborhood?
The site plan has arranged the site plan elements in a manner that provides an integrated
development proposal to meet the needs of the neighborhood. The plan gives consideration
to producing an interesting streetscape and addressing the new requirements for a center in
the subdivision.
8. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized, and cohesive planned unit development?
The site plan has been designed with consideration given to the watercourse and functional
open space. The dedicated road running north to south jogs slightly to the west where it
aligns with one of the private streets. Although conceptually this seems odd it will serve to
slow traffic on the wider streets with the T-intersection at the park.
9. Is the design and arrangement of elements of the site plan (e.g., buildings, circulation,
open space and landscaping, etc.) in harmony with the existing natural topography;
natural water bodies and watercourses; existing vegetation?
The site plan is in harmony with the natural elements of the property. Each lot will maintain
a 50-foot watercourse setback. Based on the Recreation & Parks Advisory comments for the
subdivision, the only two lots adjacent to the open space area associated with the stream
should be removed. Then the park could be expanded to meet the parkland minimums and
would avoid the drawbacks associated with homes being constructed directly adjacent to
open space amenities. There is also the possibility of the presence of wetlands on the
northwest corner of the property. Fish, Wildlife & Parks has indicated that the head of a
spring lies within this area and that the vegetation associated with the spring provides
significant habitat for birds and wildlife. As a condition of approval the applicant is required
Baxter Square CUP/PUD Staff Report 16
to determine if the area is characterized by wetlands. If wetlands are present then the 50-foot
watercourse setback applies and all lots must be created outside of the setback.
10. 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 continuing extension of the north/south trail identified in the transportation plan should
encourage walking and bike riding. Upon completion of the trail it will extend from the
Bozeman Ponds to as far north as the intersection of Hulbert Road and Fowler Lane.
11. 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?
The site plan has been arranged with all but two buildings to be across the street from the
park and open space areas. This should maximize the privacy of the residents. Although
elimination of the two lots adjacent to the open space area would be further beneficial and
allow the expansion of the park. Expansion of the parkland could be designed in a fashion
that would still maintain an adequate buffer between the existing residence and the public
park.
12. Open space.
Sufficient open space has been provided through the park amenities associated with the
subdivision and the extra buffer to the linear park.
13. Is the active recreational area suitably located and accessible to the residential units it
is intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses?
The trail runs from Baxter Lane to the intersection with the park that will provide an area for
walking and bike riding. The master plan for the park, if approved by the City Commission,
is to construct a small playground and a soccer field.
14. Is the pedestrian circulation system designed to assure that pedestrians can move safely
and easily both within the site and between properties and activities within the
neighborhood area?
Sidewalks will be constructed adjacent to all of the roads. The private streets will not be
constructed with boulevards but will provide 5-foot wide curbwalks. The block lengths do
not exceed the recommended lengths in the subdivision regulations so additional connections
in the middle of the blocks were not recommended with the subdivision improvements.
Baxter Square CUP/PUD Staff Report 17
15. 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 street layout does take into consideration the existing and future circulation patterns.
The supplemental sheet provided by C&H Engineering identifies the major street network of
adjacent developments.
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not
limited to, paving patterns, grade differences, landscaping and lighting?
The applicant has discussed the option for a stop sign and pedestrian crosswalk adjacent to
the park. The Engineering Department will have to evaluate whether stop signs are required.
17. Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments?
As previously stated the trail system will eventually connect as far south as the Bozeman
Ponds and as far north as Hulbert Road.
18. Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas which contribute to their usage and visual appearance?
The landscape plan for the trail corridor and the park will enhance the appearance of the
neighborhood. However, the landscape plan for the streets only depicts street trees being
constructed within the boulevards. The private streets that lack boulevards note that the lot
owners will provide landscaping within the front yards to enhance the streetscape. Planning
Staff has suggested that street trees be installed within the front yards if boulevards are not
present.
19. Does the landscaping plan enhance the building(s)?
The covenants and design guidelines recorded for the PUD will require landscaped yards.
Additional landscaping will also be required for the apartment buildings in order to meet the
mandatory landscaping requirements.
20. If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the site plan to avoid interfering with public
access to that area?
No parkland currently exists adjacent to the proposed development. The regional will be
located to the west in Baxter Meadows and Rose Park lies to the southeast on Oak Street.
Baxter Square CUP/PUD Staff Report 18
Residential
1. On a net acreage basis, is the average residential density in the project (calculated
for residential portion of the site only), consistent with the development densities set
forth in the land use guidelines of the Bozeman Growth Policy?
The adopted Growth Policy recommends an average of 12 units per acre for Medium
Density zoned properties. The proposal is for an average of 11 units per acre.
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?
Adequate yard spaces will exist for the benefit of the residents. All of the units will
maintain a 20-foot rear yard setback. Only a few of the townhouses actually depict the
patio area encroaching more than the 5 feet permitted within the rear yard setback. In
addition, the condominiums have been designed in a horseshoe configuration in order to
provide a courtyard area for the residents to use for active recreation.
3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities?
The development will have a 2.2 acre park in the center of the subdivision, a linear park
and trail on the northwest portion of the property and individual outdoor spaces tied to
each privately owned yard.
4. If the project is proposing a residential density bonus, does it include a variety of
housing types and styles designed to address community wide issues of affordability
and diversity of housing stock?
The project does not request a density bonus but does provide a mixture of housing types
and affordable housing units.
5. Is the project within two thousand feet of an existing or approved neighborhood
service center, public school, day care center, major employment center, or public
neighborhood or community park?
The project is within two thousand feet of Gallatin Center, which is identified in the
adopted Growth Policy as a regional center. The property is within 2,500 feet of Bridger
Peaks Town Center and 2,700 feet of the regional park.
Baxter Square CUP/PUD Staff Report 19
6. Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities?
The proposal will enhance the natural environment by maintaining the existing stream
corridor and providing outdoor amenities for the residents and the public. The bike trail
will help conserve energy by encouraging people to utilize the future trails and bike lanes.
7. If the project contains limited commercial developments as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets.
Not applicable. The project does not propose any commercial development.
8. If limited commercial development as defined above is proposed within the project,
is less than twenty 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. The project does not propose any commercial development.
9. If neighborhood service activities are proposed within the project, is a market
analysis provided demonstrating that less than fifty percent of the market required to support proposed neighborhood service activities is located outside the immediate
area of the PUD and are the neighborhood services of a nature that does not require
drive-in facilities or justification for through traffic?
Not applicable. The project does not propose any commercial development.
10. If the project contains limited commercial developments as defined above, is the
project located at the intersection of arterial streets, or arterial and collector streets.
Not applicable. The project does not propose any commercial development.
11. If the project contains limited commercial development as defined above, has the project been sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood and have the commercial
activities been developed at a scale compatible with residential development?
Not applicable. The project does not propose any commercial development.
12. Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
The existing neighborhood can be characterized primarily by ranch style single household
residences on at least one acre with some homes on lots as large as ten acres. The City of
Bozeman has very few examples of residential developments that would mimic the existing
densities especially on a property that was approved by the Commission for “R-3” zoning.
Baxter Square CUP/PUD Staff Report 20
Developments such as Sundance Springs on the south end of town do not necessarily
promote the objectives of the adopted Growth Policy which touts the need for mixed housing
types, affordable housing and smaller lots that discourage sprawl.
Conclusion/Recommendation:
The Bozeman Development Review Committee (D.R.C.) and Design Review Board (D.R.B.)
have reviewed the application for a Conditional Use Permit for a Planned Unit Development, and
recommend to the City Commission conditional approval of said application with conditions and
code provisions outlined at the beginning of the staff report.
The Planning Staff has identified various code provisions that are not currently met by this
application. Some or all of these items are listed in the findings of this staff report. The applicant
must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project prior to receiving Final Site Plan approval. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in
any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
BECAUSE THIS APPLICATION IS FOR A CONDITIONAL USE PERMIT/PLANNED
UNIT DEVELOPEMENT, THE BOZEMAN CITY COMMISSION SHALL MAKE THE
FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN
SECTION 18.58 OF THE ZONING ORDINANCE.
Attachments:
Applicant’s Submittal for a Planned Unit Development
Attachment A-Existing & Proposed Major Street Network
Attachment B- Design Review Board Staff Report
Attachment C- Design Review Board Minutes
Mailed To:
Buffalo Land Management, L.L.C., 12720 Camp Creek Road, Manhattan, MT 59741
Evert Wierda, 13707 Camp Creek Road, Manhattan, MT 59741
Baxter Square Partners, L.L.C., 317 Sanders Avenue, Bozeman, MT 59718
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
JKG & Associates, 284 Frontier Drive, Bozeman, MT 59718