HomeMy WebLinkAboutBRIDGER PEAKS
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
August 28, 2003
Philip Saccoccia, Jr. IRA Rollover
Hancock Bank Custodian
991 East Beach
Pass Christian, MS 39571
Re: Bridger Peaks Village PUD #Z-03175
At its August 25, 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 120-unit affordable, senior and handicapped housing complex. 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 18.30.010 “Permitted Uses” to allow construction of three apartment buildings in the “B-2”
zoning district, b) Section 18.50.060.D “Watercourse Setback” to allow the reduction of the
stream/ditch setback from 50 feet to 35 feet from the high water mark and c) Section 18.50.110.F.1
“Number of Spaces Required” to allow a reduction from the 120 parking spaces required to 111
parking spaces.
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 25, 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
Design Review Board Conditions:
1. The final site plan shall be reviewed and approved by the Design Review Board.
2. The drawings shall be updated to include trash enclosures, lighting, and any site corrections.
3. The parking on the corner of Oak Street and 15th Avenue shall be screened with a physical barrier
at least four feet tall.
4. Open space areas shall be delineated on the plan for resident and public access points.
5. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties
and public streets. All mechanical equipment shall be completely screened from view and
depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be
incorporated into the roof form as an architectural feature that incorporates similar materials and
elements as that of the building and all ground or wall mounted equipment shall be completely
screened from view, prior to temporary occupancy being issued for the building. In order to
screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the
installation of a wall constructed of materials matching the building or the installation of
evergreen shrubs planted at a height to obscure the equipment.
Standard Conditions of Approval:
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
Page 3
11. 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:
12. 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.
13. A landscape grouping as described in Section 18.49.060 shall be installed in every parking lot
landscape island.
14. The final landscape plan shall identify how all of the point requirements under Section 18.49
have been met.
15. The landscaping for the Greenway Park along Oak Street shall meet the requirements outlined in
Section 18.54.110.F “Greenway Corridor Landscape Standards”.
16. The final site plan shall fulfill all of the concurrent review criteria outlined in Section
18.50.030.D.3.a-k “Water and Sanitary Sewer System Requirements”.
17. 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. Additional cut
sheets with a clearer picture of the fixture shall be provided with the final site plan.
18. The final site plan shall include a trash enclosure detail as outlined in Section 18.50.035.D
“Trash and Garbage Incineration Enclosures”.
19. The location and detail for bike racks as outlined in Section 18.50.035.R “Bicycle Racks
Required” shall be noted on the final site plan.
20. 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”.
21. 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
Page 4
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”.
22. 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.
23. All subsequent phases of development shall be reviewed as required under the guidelines of
Section 18.52.030 “Site Plan Review” and Section 18.54.080.C “Phased PUD Review Criteria”.
24. 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.
25. 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: Sparrow Group, L.L.C., 5014 Elk Hill Court, Missoula, MT 59803
Morrison-Maierle, Inc., 306 West Railroad Street, Missoula, MT 59802
Bridger Peaks Village CUP/PUD Staff Report 1
CITY COMMISSION STAFF REPORT FILE NO. Z-03175
BRIDGER PEAKS VILLAGE CUP/PUD
ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-03175. A
PRELIMINARY PLAN FOR A ZONING PLANNED UNIT
DEVELOPMENT FOR A UNIFIED DEVELOPMENT PLAN FOR A
120-UNIT AFFORDABLE, SENIOR AND HANDICAPPED HOUSING COMPLEX WITH REQUESTED RELAXATIONS FROM THE CITY
OF BOZEMAN ZONING ORDINANCE ON PROPERTY LOCATED
ON THE NORTHWEST CORNER OF THE INTERSECTION OF
OAK STREET AND THE EXTENSION OF NORTH 15TH AVENUE
AND ZONED "B-2" (COMMUNITY BUSINESS DISTRICT).
REPRESENTED: MORRISON-MAIERLE, INC. 306 WEST RAILROAD STREET
MISSOULA, MT 59802
APPLICANT: SPARROW GROUP, L.L.C.
5014 ELK HILL COURT
MISSOULA, MT 59803
OWNER: PHILIP SACCOCCIA, JR. IRA ROLLOVER
HANCOCK BANK CUSTODIAN 991 EAST BEACH
PASS CHRISTIAN, MS 39571
DATE/TIME: BEFORE THE BOZEMAN CITY COMMSSION ON MONDAY,
AUGUST 25, 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
Project Location:
The subject property is described as Tract 4B-1, C.O.S. 1215 D, City of Bozeman, Montana
located on the northwest corner of the intersection of Oak Street and the extension of North 15th
Avenue. Please refer to the vicinity map provided.
Bridger Peaks Village CUP/PUD Staff Report 2
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:
Design Review Board Conditions:
1. The final site plan shall be reviewed and approved by the Design Review Board.
2. The drawings shall be updated to include trash enclosures, lighting, and any site corrections.
3. The parking on the corner of Oak Street and 15th Avenue shall be screened with a physical
barrier at least four feet tall.
4. Open space areas shall be delineated on the plan for resident and public access points.
5. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent
properties and public streets. All mechanical equipment shall be completely screened from
view and depicted as such on the final site plan. Any proposed rooftop mechanical
equipment shall be incorporated into the roof form as an architectural feature that
incorporates similar materials and elements as that of the building and all ground or wall
mounted equipment shall be completely screened from view, prior to temporary occupancy
being issued for the building. In order to screen wall and/or ground-mounted mechanical
equipment, the Planning Office will accept the installation of a wall constructed of materials
Bridger Peaks Village CUP/PUD Staff Report 3
matching the building or the installation of evergreen shrubs planted at a height to obscure
the equipment.
Standard Conditions of Approval:
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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:
12. 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.
Bridger Peaks Village CUP/PUD Staff Report 4
13. A landscape grouping as described in Section 18.49.060 shall be installed in every parking
lot landscape island.
14. The final landscape plan shall identify how all of the point requirements under Section 18.49
have been met.
15. The landscaping for the Greenway Park along Oak Street shall meet the requirements
outlined in Section 18.54.110.F “Greenway Corridor Landscape Standards”.
16. The final site plan shall fulfill all of the concurrent review criteria outlined in Section
18.50.030.D.3.a-k “Water and Sanitary Sewer System Requirements”.
17. 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.
Additional cut sheets with a clearer picture of the fixture shall be provided with the final site
plan.
18. The final site plan shall include a trash enclosure detail as outlined in Section 18.50.035.D
“Trash and Garbage Incineration Enclosures”.
19. The location and detail for bike racks as outlined in Section 18.50.035.R “Bicycle Racks
Required” shall be noted on the final site plan.
20. 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”.
21. 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”.
22. 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.
23. All subsequent phases of development shall be reviewed as required under the guidelines of
Section 18.52.030 “Site Plan Review” and Section 18.54.080.C “Phased PUD Review
Criteria”.
Bridger Peaks Village CUP/PUD Staff Report 5
24. 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.
25. 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.
Proposal:
The Zoning Planned Unit Development application proposes construction of a 61-unit senior
housing complex on lot 1 as Phase 1, a 41-unit senior housing complex on lot 2 and an 18-unit
handicap housing complex. The phased planned unit development will require the applicant to get
approval of the master plan for the entire development including phase 1. All subsequent phases will
be reviewed as Major Site Plans. The senior housing units are proposed as low-income housing.
The property is being concurrently reviewed as a five-lot subdivision. Through the Planned
Unit Development, 30% open space is required. The plans depict 49% open within the stream
setback and greenway easement. The applicant is seeking approval of a 35-foot stream setback as
approved with the original phase of Bridger Peaks Town Center. A Class I asphalt trail, as noted in
the Transportation Plan, is proposed to be constructed along the east side of Walton Stream/Ditch. A
bridge will also be installed to connect the housing development to the Bridger Peaks Town Center
shopping complex.
The “B-2” zoning district permits apartments only on the second or subsequent floors. The
PUD would allow construction of apartment buildings on all three of the proposed floors. One
parking space per guestroom is required for group homes and community residential facilities.
Based on a recommendation by the City Commission the applicant has requested the relaxation of
the parking requirements to provide 0.9 spaces per unit. 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:
a) Section 18.30.010 “Permitted Uses” to allow construction of three apartment buildings in
the “B-2” zoning district.
b) Section 18.50.060.D “Watercourse Setback” to allow the reduction of the stream/ditch
setback from 50 feet to 35 feet from the high water mark.
c) Section 18.50.110.F.1 “Number of Spaces Required” to allow a reduction from the 120
parking spaces required to 111 parking spaces.
Bridger Peaks Village CUP/PUD Staff Report 6
Adjacent Land Uses and Zoning:
The adjacent land uses and zoning designations in the immediate area of the proposed
development are as follows:
NORTH: "B-2" – Vacant preliminarily approved by City Commission for a 5-lot
commercial Planned Unit Development
SOUTH: "R-O" – Walton Planned Unit Development
"R-3" – Unincorporated mobile home park
EAST: "B-2" – Vacant
WEST: "B-2" – Bridger Peaks Town Center
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.) and the Design
Review Board (D.R.B.).
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 Regional Commercial. The Regional Commercial master plan
land use designation denotes areas within the city limits where retail, education, health
services, public administration and tourism activities are provided for a multi-county region
(Bozeman 2020 Community Plan).
The "B-2" (Community Commercial) zoning district is one of the implementing zoning
districts in areas designated Regional Commercial. The intent of the B-2 district is to
provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets (City of
Bozeman Zoning Ordinance).
Apartment buildings are conditional uses in the Community Commercial zoning district.
The adopted Growth Policy supports residential development that provides housing that is
diverse in type, density and location (5.7.1 Objective 1), promotes development that provides
an adequate supply of affordable housing (5.7.1 Objective 2) and provides housing in
proximity to shopping/employment centers.
Bridger Peaks Village CUP/PUD Staff Report 7
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 vacant with the previous two phases of Bridger Peaks constructed
to the west of the subject property. The proposal requests the development of the property
with a total of 120 affordable housing units.
Access to the property will be provided primarily from North 15th Avenue, which is
designated as a collector street. Oak Street, a principal arterial street, provides access to 15th
Avenue. North 15th Avenue will connect to Tschache Lane with the development of the final
phase of Bridger Peaks.
The proposal requests relaxation of the current stream setback regulations. A 35-foot setback
was originally approved for the stream/ditch with the platting of phase one of Bridger Peaks.
Staff supports the relaxation to the watercourse setback based on the fact that the
stream/ditch functions primarily as a ditch. Walton’s Ditch does not become classified as a
stream/ditch until it crosses Oak Street. However, the ditch is fed by a perennial spring on
the on the north end of the property giving it the stream/ditch classification.
Bridger Peaks Village CUP/PUD Staff Report 8
E. THE IMPACT OF THE PROPOSAL ON THE EXISTING AND ANTICIPATED
TRAFFIC AND PARKING CONDITIONS.
The traffic study performed by Marvin & Associates in May 2002 for Walton Subdivision
indicated an estimated 11,700 average daily trips would be generated on Oak Street upon full
build-out. The property owner’s engineer estimates that the proposed development will
generate 3.5% additional average daily trips on Oak Street.
According to the Greater Bozeman Area Transportation Plan 2001 Update, Oak Street is
designated as a principal arterial that is expected to support 10,000 to 35,000 vehicles per day
and 15th Avenue is designated as a collector street, which will be constructed to support
2,000 to 10,000 vehicles per day.
The proposal depicts 93 standard parking spaces, 18 disabled accessible spaces and 20 on-
street parking spaces. Under the standard calculations for a residential complex of this size,
205 standard parking stalls would be required. Originally, staff reviewed the application
under the affordable housing criteria for required parking. Upon further discussion with
staff, our office has come to the conclusion that since the property is one phase of a multi-
phase master planned development the proposal should be evaluated as a mixed use
development in conjunction with the previously developed phases of Bridger Peaks. The
parking calculation could be reduced to 0.75 parking spaces per dwelling unit as long as the
total is not less than 50% of the total required. Therefore, only 103 standard parking spaces
would be required. Once reduced for the on-street parking provided, the total off-street
parking required would be as low as 83 standard parking stalls. Based on these calculations a
relaxation to the parking requirement, as advertised, would not be necessary.
F. THE CONSISTENCY OF THE PROPOSAL WITH RESPECT TO LAND USE REQUIREMENTS.
6.6.2 Objective 1. Develop a land use pattern oriented on half-mile radius neighborhood
service centers incorporating employment, recreation and residential uses.
The proposal provides residential development in conjunction with the previously
development commercial component of Bridger Peaks Subdivision. Bridger Peaks Town
Center is within walking distance of the neighboring retail and restaurant amenities. A
bridge between the open space will offer the residents easy access to adjacent shopping and
employment facilities. The pedestrian/bike trail will allow the residents of the development
to enjoy recreational pursuits in close proximity to their home.
G. PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS.
Full access will be permitted from North 15th Avenue.
A pedestrian/bike trail will be constructed along the east side of Walton’s Stream/Ditch as
required in the Transportation Plan. Installation of a Class II trail is required. The applicant
Bridger Peaks Village CUP/PUD Staff Report 9
proposes the construction of a Class I trail. The Recreation Department has recommended
that the property owner install a Class II trail with soil binder similar to that used on the
Gallagator Trail. The trail would be more natural in appearance but still durable enough to
support bicycle and wheelchair use.
H. BUILDING LOCATION AND HEIGHT.
Building height cannot exceed 44 feet. The elevations indicate a three-story building at 35
feet in height.
I. LANDSCAPING.
The landscape plan must meet the required Landscape Performance Standards outlined in
Section 18.49 “Landscaping”.
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 yards 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 applicant has requested review for concurrent construction of buildings and
infrastructure.
The utilities have been addressed in the subdivision application.
L. SITE SURFACE DRAINAGE.
The storm water detention pond is noted on the north end of the property.
M. OPEN SPACE.
The Planned Unit Development review criteria require a minimum of 30% open space which
can include the 35-foot proposed stream/ditch setback adjacent to Walton’s Stream/Ditch and
the 50-foot greenway park adjacent to Oak Street.
Bridger Peaks Village CUP/PUD Staff Report 10
49% open space has been calculated and depicted on the site plan.
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 side of the property.
P. SIGNAGE.
All signage will be reviewed against Section 18.65. The applicant must submit for a sign
permit prior to installation of any signage.
Q. SCREENING.
The Design Review Board has recommended the addition of vegetation for the purpose of
screening the parking lot adjacent to Oak Street.
R. SETBACKS.
The “B-2” (Community Business District) lots have a 7-foot front yard, 10-foot rear yard and
5-foot side yard setback for structures. The parking lot must maintain a 25-foot front yard,
10-foot rear yard and 8-foot side yard setback.
There is a 50-foot greenway setback required along Oak Street since the property is within
the North 19th Avenue/Oak Street Entryway Corridor.
There is a 15-foot corner side yard setback from North 15th Avenue.
A 50-foot stream setback is recommended under the zoning for Walton’s Stream/Ditch.
Staff supports the requested reduction to a 35-foot watercourse setback.
S. OVERLAY DISTRICT PROVISIONS.
Bridger Peaks Village CUP/PUD Staff Report 11
Additional landscaping along Oak Street is required since the property is located within the
North 19th Avenue/Oak Street Entryway Corridor.
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
consideration of a reduced watercourse setback as originally approved with the Bridger Peaks
master plan and plat. The parking could be reduced to as many as 103 standard parking
stalls, including on-street parking, according to the parking regulations for mixed-use
residential developments. The plan depicts 113 parking spaces inclusive of on-street
parking.
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.
The section of Oak Street adjacent to the property must be expanded an additional lane to
match up to the existing principal arterial street standard installed in front of Bridger Peaks
Town Center. North 15th Avenue must be constructed to half a collector street standard from
Oak Street to the northern extent of proposed Lot 3. The rest of North 15th will have to be
constructed to Tschache Lane upon development or further subdivision of the area noted as
“the remainder”. Through the subdivision application the applicant has requested the
relaxation of the collector street width for North 15th Avenue to reflect the street standard
previously approved with the original Bridger Peaks master plan. The old collector street
width required 65 feet of right-of-way and the current standards are for 90 feet of right-of-
way.
3. That the proposed use will have no adverse effect upon the abutting property.
The Planning Office has encouraged residential development in close proximity to
commercial development. In addition, the adopted Growth Policy encourages mixed-use
developments such as these.
4. That the proposed use shall be in conformance with the adopted Growth Policy.
Bridger Peaks Village CUP/PUD Staff Report 12
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 August 5, 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 August 12, 2003
the DRB voted 4-0 to recommend conditional approval of the plan with five additional
conditions outlined at the beginning of the staff report. 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.
All Development
Bridger Peaks Village CUP/PUD Staff Report 13
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 affordable senior housing adjacent to Bridger Peaks Town Center. Only
Phase 1 on Lot 3 is currently under review. All subsequent phases will undergo site plan
review. The remaining two buildings will be required to incorporate design features similar
to the fronts of the buildings in order to avoid presenting a backside of a building towards
15th Avenue and Oak Street. The proposed building design for the first phase is
complimentary in design and color to the existing phases of Bridger Peaks Town Center.
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. However, some of the
conditions have been identified with the subdivision application.
3. Does the project preserve or replace existing natural vegetation?
The 35-foot watercourse setback should guarantee adequate protection of the existing natural
vegetation associated with Walton’s Stream/Ditch.
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
Walton’s Stream/Ditch will not be altered and existing vegetation will be preserved within
the stream setback. Therefore, wildlife habitat will be maintained especially for birds, small
mammals and aquatic life.
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.
Bridger Peaks Village CUP/PUD Staff Report 14
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.
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 been arranged so that the residents of the complex will be able to take
advantage of the retail businesses next door and provides a usable trail area for the residents
to get out and enjoy. The Design Review Board expressed concern over the stream/ditch
setback on both sides of the watercourse counting towards the open space requirement due to
minimal accessibility. The zoning ordinance requires developers to plant vegetation along
both sides of a watercourse if it falls completely within the developed lot. It stands to reason
that if the developer is required to landscape both sides of the stream/ditch then both sides
should count towards the open space requirement. The open space for all phases of Bridger
Peaks Subdivision was contemplated during the initial review of the master plan.
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, functional open
space and the needs of the residents.
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. A 35-foot setback is a
reasonable setback given the nature of the watercourse. The linear trail will connect with a
bike lane in Walton’s Subdivision and continue to eventually to Baxter Lane. The design
and arrangement of the buildings is consistent with the original phases of Bridger Peaks.
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 Main
Street to Baxter Lane and will eventually connect across North 7th Avenue to the East
Gallatin River.
Bridger Peaks Village CUP/PUD Staff Report 15
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 to provide a 15-20 foot setback from the linear trail. The
rear yard setback in the “B-2” district is 10 feet for structures.
12. Open space.
Sufficient open space has been provided in the stream setback and greenway 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 linear trail runs the length of the development. Landscaping in accordance with Section
18.50.060.D “Watercourse Setbacks” will ensure that adequate screening of the ground floor
units is provided.
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?
The walking and bike riding trail runs from Oak Street to the north end of Lot 3. Benches for
relaxation and enjoyment will be installed along the trail at regular intervals. The developer
also proposes construction of a bridge over Walton’s Stream/Ditch to facilitate pedestrian
movements from the residential development to the commercial area during seasonal flow.
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 subject property is part of Phase 3 of the Bridger Peaks Master Plan. The original plan
identified the necessary pedestrian and vehicular patterns to ensure connectivity within the
development as well as to avoid isolation from 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 area between the buildings did not seem significant enough in width to suggest the need
for pigmented or stamped paving. The Design Review Board did not address this issue but
the City Commission may deem the added design feature as a necessary pedestrian amenity.
Bridger Peaks Village CUP/PUD Staff Report 16
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 Main Street and
as far north as the East Gallatin River trail system.
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. In addition, the Design Review Board suggested additional screening of the
parking lot adjacent to Oak Street.
19. Does the landscaping plan enhance the building(s)?
The landscape plan will enhance the building design once it meets the requirements outlined
in Section 18.49 “Landscaping”.
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. Rose Park lies to the
west across North 19th Avenue.
Commercial
1. If the project contains any use intended to provide adult amusement or entertainment?
Not applicable. The proposal is for a affordable senior and handicapped housing.
2. Is the project contiguous to an arterial street, and has adequate but controlled access
been provided?
The property is located adjacent to Oak Street, which is designated as a principal arterial
street. Access has been limited to strictly to North 15th Avenue. The Planning Board did
express concerns with the subdivision’s lack of pedestrian facilities to cross Oak Street. The
Transportation Plan does not indicate the installation of a signal at the intersection of Oak
Street and North 15th Avenue.
3. Is the project on at least two acres of land?
The total area is 18 acres with the Planned Unit Development proposed for approximately 6
acres.
Bridger Peaks Village CUP/PUD Staff Report 17
4. If the project contains two or more significant uses (for instance, retail, office,
residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design,
utilization of common open space and facilities, etc.?
The project is part of a mixed-use development. The original phases of the development
were for retail but the current phase will be strictly residential.
5. Is it compatible with and does it reflect the unique character of the surrounding area?
The building design does reflect the unique character of the surrounding area. The building
design is compatible is materials and colors with the first phases of Bridger Peaks.
6. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces?
Not applicable.
7. Does the project encourage infill, or does the project otherwise demonstrate compliance
with the land use guidelines of the Bozeman master plan?
The project does encourage infill and demonstrates compliance with the land use guidelines
and objectives as previously outlined in the staff report. The proposal would allow the
addition of affordable housing next door to commercial development.
8. Does the project provide for outdoor recreational areas (such as additional landscaped
areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development?
Aside from the landscape requirements for the stream/ditch setback and the landscaping
required by the North 19th Avenue/Oak Street corridor the developer has indicated that the
areas for flower and vegetable gardening around the buildings.
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
Bridger Peaks Village CUP/PUD Staff Report 18
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: Attachment A-Applicant’s Submittal for a Planned Unit Development
Attachment B- Design Review Board Staff Report
Attachment C- Design Review Board Minutes
Mailed To: Philip Saccoccia, Jr. IRA Rollover, Hancock Bank Custodian, 991 East Beach,
Pass Christian, MS 39571
Sparrow Group, L.L.C., 5014 Elk Hill Court, Missoula, MT 59803
Morrison-Maierle, Inc., 306 West Railroad Street, Missoula, MT 59802