HomeMy WebLinkAboutKAGY CROSSROADS
CITY COMMISSION STAFF REPORT FILE NO. Z-02166
KAGY CROSSROADS APARTMENTS
AMENDMENT TO PLANNED UNIT DEVELOPMENT
ITEM: PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN
APPLICATION #Z-02166. AN APPLICATION TO CREATE A
PLANNED UNIT DEVELOPMENT COMPRISED OF FOUR TWO-
STORY APARTMENT BUILDINGS WITH BASEMENTS,
TOTALING 54 UNITS AND SITE RELATED IMPROVEMENTS
REPRESENTATIVE: SPRINGER GROUP ARCHITECTS, P.C., 201 SOUTH
WALLAVE AVENUE, BOZEMAN, MT 59715
C&H ENGINEERING AND SURVEYING, INC., 205
EDELWEISS DRIVE, BOZEMAN, MT 59718
OWNER: DAVE MACDONALD, DMC, INC., 2055 NORTH 22ND AVENUE,
BOZEMAN, MT 59718
DATE/TIME: CITY COMMISSION: 7:00 P.M. ON MONDAY, SEPTEMBER 23,
2002, IN THE COMMISSION MEETING ROOM OF CITY HALL,
411 EAST MAIN STREET, BOZEMAN.
REPORT BY: KARIN CAROLINE, ASSISTANT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
PROJECT LOCATION:
The subject property is generally located west of South 19th Avenue and north of Remington Way
and is legally described as Lot 1, Block 3 of the corrected plat of Kagy Crossroads Subdivision,
City of Bozeman, Gallatin County, Montana. The property is zoned “R-4" (Residential High
Density District). Please refer to the vicinity map on the following page.
Kagy Crossroads Apartments PUD Preliminary Plan #Z-02166
City Commission 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 Preliminary Plan for a Planned Unit Development against the criteria
set forth in Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. 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:
PUD Plan Specific Conditions:
Planning:
1. Proposed snow storage areas shall not interfere with pedestrian circulation or the
small sports court.
2. Applicant shall install additional landscaping near the northeast corner of the subject
property to offer additional screening and more aesthetics to the proposed detention
pond.
3. Applicant shall verify with the Fire Department that there are adequate turning radii
within the parking lot for emergency vehicles.
4. The Final Site Plan shall show the location of proposed bike racks. There shall be at
least one bike rack per proposed building.
5. Final Site Plan shall show detail for proposed pole light near the sports court.
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City Commission Staff Report 3
6. Applicant shall construct the proposed trash enclosure to better match the
architectural character and materials of the proposed two buildings. Chain link with
plastic slats is not architecturally consistent.
7. Applicant shall relocate one disabled parking space near proposed building A in the
northwest corner of the subject property, ensuring all units have an accessible
disabled space.
8. Details of the sports court, including any benches, shall be shown on the Final Site
Plan.
9. Any roof-top and/or ground-mounted mechanical and utility equipment, including
ground-mounted mechanical power and telephone boxes, shall be noted and shown
accordingly on the Final Site Plan, landscape plan, and exterior elevations. Typical
detail(s) illustrating the materials, color, and method of screening used to screen the
equipment from adjacent properties and public streets shall be provided and noted
accordingly on the Final Site Plan, for review and approval prior to Final Site Plan
approval.
10. All plans (site, landscaping and paving/drainage) shall show proposed and existing
water and sewer lines, including services to the buildings, utility lines, etc.
11. Applicant shall provide additional landscaping along the eastern boundary within the
35-foot stream setback according to Section 18.50.060.D.2.g (Watercourse Setbacks)
and shall be shown on the Final Site Plan.
12. Color and material palette, including brick type, cultured stone, DryVit or synthetic
stucco, roofing material, etc., shall be submitted to the Planning Department for
review and approval prior to any approval of Final Site Plan or issuance of building
permits.
Engineering Site Specific Conditions:
13. The applicant should be aware of the possibility that they may be required to provide
and file with the County Clerk and Recorder’s office executed Waivers of Right to
Protest Creation of S.I.D.’s for the following:
a. Crossing facility (underpass or other appurtenance as required) across South
19th Avenue in the vicinity of Lincoln Road.
The document filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
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City Commission Staff Report 4
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
the property, traffic contribution from the development or a combination thereof.
14. Remington Way, including pavement, curb, gutter, and sidewalk, shall be extended
all the way to the west property line of the proposed development.
Planning Code Provisions:
15. 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.
16. Permanent irrigation systems shall be provided to all landscaped areas. Details and
specifications shall be noted on final landscape plans.
17. All landscape plans shall meet the requirements of the Landscape Performance
Standards. 23 landscaping points are required for this project and need to be shown
on the Final landscaping plans.
18. Any lighting, including that for security purposes, used to illuminate an off-street
parking area, sign or other structure, 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. Final site plan shall the location for, and a detail of, any proposed wall
mounted and/or signage lighting.
Lighting standards used to illuminate off-street parking areas shall not exceed twenty
feet or the height of the tallest building on the lot, whichever is lower.
19. Any proposed or existing wall-mounted lights, including those used for security,
must be shown in detail on the Final Site Plan. Applicant shall submit manufacturer’s
cutsheets for proposed lights to ensure that they comply with the Bozeman Zoning
Ordinance.
20. 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.
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City Commission Staff Report 5
21. That 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 Director.
22. If occupancy of any 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.
23. That the applicant upon submitting the Final Site Plan for approval by the
Planning Director and prior to issuance of a building permit, will also submit a
written narrative outlining how each of the above conditions of approval have
been satisfied or met.
Engineering Conditions:
24. Plans and specifications for the water main, sewer main, and street extensions,
prepared by a Professional Engineer (PE) licensed in the State of Montana, shall
be provided to and approved by the City Engineer. Water and sewer main
extension plans and specifications shall also be provided to approved by the
Montana Department of Environmental Quality (DEQ). The Applicant shall also
provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction
shall not be initiated on the public infrastructure improvements until the plans,
specifications and shop drawings have been approved by the City and a pre-
construction conference has been conducted.
25. Plans and specifications for any fire service line shall be prepared in accordance
with the City's Fire Service Line Policy by a professional engineer, licensed in the
state of Montana, and be provided to and approved by the City Engineer prior to
initiation of construction of the fire service or fire protection system. The
applicant shall also provide professional engineering services for construction
inspection, post-construction certification, and preparation of mylar record
drawings.
26. City of Bozeman applications for sewer and water service shall be completed by the
applicant.
27. A Stormwater Drainage and Grading Plan for a system designed to remove solids,
silt, oils, grease, and other pollutants from the stormwater runoff for the site must
Kagy Crossroads Apartments PUD Preliminary Plan #Z-02166
City Commission Staff Report 6
be provided to and approved by the City Engineer. The plan must demonstrate
that adequate site drainage will be provided by means of including sufficient spot
elevations and flow arrows, existing and proposed contour lines, stormwater
detention/retention basin details including basin sizing and discharge calculations,
discharge structure details, pond typical section and stormwater discharge
destination. If the grading design discloses any adverse impact to off-site
properties, necessary design alterations and/or drainage conveyance devices and
easements must be provided. A stormwater maintenance plan must also be
provided for review and approval. The Maintenance Plan shall include the
following: description of maintenance operations, frequency of inspections and
maintenance, responsible parties and record keeping methodology.
28. All drive approaches shall be constructed in accordance with the City's standard
commercial approach, i.e. concrete apron, sidewalk section, and drop-curb, and
shown as such on the Preliminary Plan. A City Curb Cut and Sidewalk Permit
shall be obtained prior to Preliminary Plan approval.
29. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
30. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department
of Environmental Quality and Army Corps of Engineer's shall be contacted
regarding the proposed project and any required permits shall be obtained prior to
Final Plan approval.
31. Adequate snow storage area must be designated outside the sight triangles, but on
the subject property unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder.
PROPOSAL/BACKGROUND
The applicant is requesting a Planned Unit Development Preliminary Plan approval to allow 3.2
acres to be developed into 4 two-story apartment buildings with basements comprising a total of
54 residential units and site related improvements. The property is zoned R-4 (Residential High
Density District).
The necessary Environmental Assessment and Community Impact Statement have been
submitted with the preliminary plan application. Included in the preliminary plan application was
a traffic report prepared for the Kagy Crossroads Subdivision, which addresses traffic concerns
on surrounding streets and improvements to these streets.
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The applicant is requesting the following relaxations from the Bozeman Zoning Ordinance:
Section 18.50.060.D Watercourse Setbacks) – To reduce the 50-foot setback by 15 feet to
allow for required on-site parking;
Section 18.50.060.D (Watercourse Setbacks) – To allow a small sports court to be built
within the 35-foot watercourse setback; and
Section 18.24.030 (Lot and width) to increase the residential net density by the allowable
30 percent.
Streets and Traffic Calming Measures - The proposed dwelling units would be accessed from
Remington Way. The proposed parking lot loops around the perimeter of the property with the
residential units clustered together. There is a signal at Kagy Boulevard and South 19th Avenue
which will facilitate safe movement onto these streets. Within the subject property leading to the
small sports court, the applicant proposes to install a stamped asphalt pedestrian crossing alerting
drivers to this crossing.
Open Space/Park Areas – Approximately 43% of the subject property is in open space of which
21% could be for active recreational use (small sports court, Frisbee, etc.).
During the Concept Plan review, the Parks and Recreation Advisory Board (PRAB) suggested
some type of recreational court within the open space along the eastern portion of the subject
property. The stream/ditch along the east side of the subject property conveys little water if any
during recent years. Per condition #13, the applicant shall sign and file a Waiver of Right to
Protest the Creation of an SID for a possible pedestrian crossing facility across South 19th
Avenue in the vicinity of Lincoln Road.
Dwelling Densities – The applicant is proposing a mix of one and two bedroom units within the
development. The project hopes to serve the students and faculty of MSU with a convenient,
well-designed residential complex which encourages pedestrian access. The applicant is
requesting the allowable 30% increase in density to accommodate the 54 residential units
proposed.
ADJACENT LAND USES AND ZONING
NORTH: “AS” (Agricultural Suburban) - Undeveloped, county land
EAST: “AS" (Agricultural Suburban) – Undeveloped, county land; further east “R-3”
(Residential Medium Density District) - Evangelical Free Church
SOUTH: “B-2” (Community Business District) – undeveloped lots of Kagy Crossroads
Subdivision
WEST: “AS” (Agricultural Suburban) - Undeveloped, county land
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APPLICABLE REVIEW CRITERIA
In approving a Planned Unit Development application, the City Commission shall consider
the criteria set 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 proposed PUD has ample room to accommodate the proposed dwelling units, on-site parking,
open space, and detention areas.
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 proposed PUD would be serviced by the following existing streets: Remington Way, South 19th
Avenue, and Kagy Boulevard. The intersection of Kagy Boulevard and South 19th Avenue is
signalized and would provide a safe access point.
3. That the proposed use will have no adverse effect upon the abutting property.
No adverse effects upon abutting property have been noted. Most of the areas surrounding the
subject property to the west and north are still in some form of agricultural use. The area directly
adjacent to the east is developed as a church. The original subdivider of the Kagy Crossroads
subdivision relocated the stream/ditch to the east property line (of the subject property). This
relocation has forced a hardship onto the adjacent landowner, the Evangelical Church since the land
is now encumbered by a 50-foot stream setback. Any further expansion of the building or parking lot
encroaching into the 50-foot setback would require the granting of a variance. As of the writing of
this staff report, it is understood that the Church will be proceeding with a variance request.
4. The proposed use shall be in conformance with the Bozeman 2020 Community Plan.
The property is designated as Residential in the Bozeman 2020 Community Plan. The
Residential land use classification designates places where the primary activity is urban density
living quarters. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. The dwelling unit density
expected within this classification varies. It is expected that areas of higher density would be
likely to be located in proximity to commercial centers to facilitate the broadest range of feasible
transportation options for the greatest number of individuals.
Low density areas should have an average minimum density of six units per net acre. Medium
density areas should have an average minimum density of twelve units per net acre. High density
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areas should have an average minimum density of eighteen units per net acre. A variety of
housing types should be blended to achieve the desired density. The proposed PUD would be in
compliance with the Bozeman 2020 Community Plan.
5. That the conditional use has complied with all conditions stipulated in 18.50.
This Planned Unit Development application for a residential development includes a request for the
following relaxations from the Bozeman Zoning Ordinance:
Section 18.50.060.D Watercourse Setbacks) – To reduce the 50-foot setback by 15 feet to
allow for required on-site parking;
Section 18.50.060.D (Watercourse Setbacks) – To allow a small sports court to be built
within the 35-foot watercourse setback; and
Section 18.24.030 (Lot and width) - To increase the residential net density by the
allowable 30 percent.
The intent of planned unit development concept is to promote maximum flexibility and innovation in
the development of land and the design of development projects within the city. The Design Review
Board and Administrative Design Review staff considered the request against the merits of the
proposal; and as a result, determined that a relaxation of the standards will produce an environment,
landscape quality, and character superior to that produced by the existing regulatory standards.
Based on the information and data provided in the application for a Planned Unit Development
Preliminary Plan, and recommended conditions of approval by the D.R.C. and D.R.B., the planned
unit development application will comply with the all conditions stipulated in Chapter 18.50.
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. The recommended conditions of approval provided by the D.R.C.
and D.R.B. are provided at the beginning of this staff report.
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
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City Commission Staff Report 10
application against the applicable Planned Unit Development review criteria and offers the following
summary review comments below.
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 Planned Unit Development is compatible with the immediate environment and surrounding
neighborhoods. The Development hopes to provide needed housing for MSU students and faculty in
an area that encourages pedestrian access.
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 project generally complies with all city design standards with the remaining issues with the
street design and water and sewer improvements being addressed as conditions of approval.
3. Does the project preserve or replace existing natural vegetation?
The majority of the subject property is covered with weeds and some native grasses. When the
subdivision was developed and streets constructed, the subject parcel of land was removed from
agricultural practice. The proposed development will replace the existing vegetation with a nicely
landscaped development.
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
There are no critical or significant wildlife populations on or adjacent to the site.
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.
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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 PUD proposes to install wall-mounted lights with forward-throw optics to illuminate the parking
areas yet not overlight an area characterized as rural in nature. The small sports court will have a pole
mounted light (condition #5)
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 PUD places the four residential structures in a cluster-like courtyard setting with perimeter
parking. There is ample room between buildings for small social gatherings from residents.
Generally, the proposed development will be the only residential development within the
subdivision. The other lots within the Kagy Crossroads subdivision will develop with permitted uses
within the B-2 zoning district.
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 PUD is designed to produce an efficient and cohesive development. The buildings have been
oriented to enhance circulation and minimize the area of pavement.
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 design of the planned unit development enhances the undeveloped parcel of land and creates a
small well-defined residential community which will be close to facilities and nearby services as the
subdivision develops.
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 project is located within close proximity to MSU and nearby services, therefore encouraging
pedestrian and bicyclist traffic. State of the art design and equipment for heating, ventilation, and air
conditioning will be provided, thus keeping energy consumption to a minimum. No parking lot lights
are proposed eliminating any light trespass onto the adjacent rural lands.
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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?
Along the eastern side of the subject property is an area of open space which will separate the
property from adjacent lands. The residential structures have been designed in a cluster-like setting
and the buildings have been separated by landscaped areas to maximize privacy between buildings.
12. Open space.
Approximately 43% of the subject property is in open space of which 21% could be used for active
recreational use (i.e. small sports court, Frisbee, etc.). The Parks and Recreation Advisory Board
recommending the installation of a small recreational court along the eastern area of the subject
property, which the applicant is proposing.
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 active recreational areas (small sports court and interior courtyard areas) are readily accessible
by the area residents. Per condition #2, the applicant will install additional landscaping within the
northeast area of the open space to provide additional screening from adjacent lands.
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?
There are pedestrian facilities leading from Remington Way to the proposed residential structures as
well as sidewalks within the courtyard areas linking buildings to each other. There is a stamped
asphalt pedestrian crossing leading from the residential structures to the small sports court and open
area.
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 was proposed to be an area developed at a higher density providing housing
close to MSU. The Bozeman 2020 Community Plan specifically indicates this area to be for higher
density residential living.
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City Commission Staff Report 13
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?
There are sidewalks leading from the sidewalk along Remington Way to the buildings as well as
sidewalks around the perimeter of the buildings, providing safe passage for area residents. There is a
stamped asphalt pedestrian crossing leading to the small sports court, further enhancing the safety of
residents crossing the parking lot.
The applicant proposes to utilize wall-mounted lights with forward throw optics to accomplish a
neutral light level, allowing for adequate safety at night yet not obtrusive for area residents.
17. Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments?
The proposed development is linked to adjacent neighborhoods by way of the existing street system
and the signalized intersection at Kagy Boulevard and South 19th Avenue. In addition, the applicant
will be required to participate in any future pedestrian crossing facility across South 19th Avenue in
order to facilitate safer travel across South 19th Avenue (condition #13).
18. Does the landscaping plan enhance the building(s)?
There are planting beds surrounding each of the buildings as well as landscaping within the open
space and boulevard trees along Remington Way.
19. 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?
Not applicable.
CONCLUSION/RECOMMENDATION:
The Bozeman Development Review Committee (D.R.C.) has reviewed the application for a
Planned Unit Development Preliminary Plan to allow 3.2 acres to be developed into 4 two-story
apartment buildings with basements and site related improvements and as a result recommends 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 PUD Plan approval. The applicant is advised that unmet code
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City Commission Staff Report 14
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in
any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED
PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING
ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION.
Attachments:
Exhibit A: Applicant’s submittal
cc: Dave MacDonald, DMC, Inc., 2055 North 22nd Avenue, Bozeman, MT 59718
Springer Group Architects, PC, 201 South Wallace Avenue, Bozeman, MT 59715
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood
coordination
October 7, 2002
Dave MacDonald
DMC
2055 North 22nd Avenue
Bozeman, MT 59715
Re: #Z-02166 Kagy Crossroads Apartments PUD
Dear Dave,
At its September 23, 2002 public hearing, the Bozeman City Commission voted 5-0 to
conditionally approve the Kagy Crossroads Apartments Planned Unit Development.
The proposal was evaluated against the review criteria and requirements of the Bozeman Zoning
Ordinance. The Commission’s decision was based on the fact that, with conditions, the proposal
complies with the requirements of the Bozeman Zoning Ordinance, 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 Bozeman 2020 Community Plan. 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 March 22, 2003. The submittal must be accompanied by a written
narrative explaining how all of the conditions of approval have been addressed. If the Final Site Plan
cannot be submitted within the six-month period as previously referenced, a six month extension may be
granted by the Planning Director. An Improvements Agreement is enclosed should the need arise to
guarantee some improvements installation until a later date. An Improvements Agreement must be
signed by the applicant/owner and be submitted with the Final Site Plan submittal. If occupancy
of the building is to occur prior to completion of all required improvements, the Improvements
Agreement must be financially guaranteed.
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 59771-1230
Phone: (406) 582-2360
Fax: (406) 582-2363 E-mail: planning@bozeman.net World wide web: www.bozeman.net
Page 2
The conditions of approval are as follows:
PUD Plan Specific Conditions:
Planning:
1. Proposed snow storage areas shall not interfere with pedestrian circulation or the small
sports court.
2. Applicant shall install additional landscaping near the northeast corner of the subject
property to offer additional screening and more aesthetics to the proposed detention pond.
3. Applicant shall verify with the Fire Department that there are adequate turning radii
within the parking lot for emergency vehicles.
4. The Final Site Plan shall show the location of proposed bike racks. There shall be at least
one bike rack per proposed building.
5. Final Site Plan shall show detail for proposed pole light near the sports court.
6. Applicant shall construct the proposed trash enclosure to better match the architectural
character and materials of the proposed two buildings. Chain link with plastic slats is not
architecturally consistent.
7. Applicant shall relocate one disabled parking space near proposed building A in the
northwest corner of the subject property, ensuring all units have an accessible disabled
space.
8. Details of the sports court, including any benches, shall be shown on the Final Site Plan.
9. Any roof-top and/or ground-mounted mechanical and utility equipment, including
ground-mounted mechanical power and telephone boxes, shall be noted and shown
accordingly on the Final Site Plan, landscape plan, and exterior elevations. Typical
detail(s) illustrating the materials, color, and method of screening used to screen the
equipment from adjacent properties and public streets shall be provided and noted
accordingly on the Final Site Plan, for review and approval prior to Final Site Plan
approval.
10. All plans (site, landscaping and paving/drainage) shall show proposed and existing water
and sewer lines, including services to the buildings, utility lines, etc.
11. Applicant shall provide additional landscaping along the eastern boundary within the 35-
foot stream setback according to Section 18.50.060.D.2.g (Watercourse Setbacks) and
shall be shown on the Final Site Plan.
12. Color and material palette, including brick type, cultured stone, DryVit or synthetic
stucco, roofing material, etc., shall be submitted to the Planning Department for review
and approval prior to any approval of Final Site Plan or issuance of building permits.
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Engineering Site Specific Conditions:
13. Applicant shall provide and file with the County Clerk and Recorder's office an executed
Waiver of Right to Protest Creation of SID for:
a. Crossing facility (underpass or other appurtenance as required) across South 19th
Avenue in the vicinity of Lincoln Road.
The document filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
14. Remington Way, including pavement, curb, gutter, and sidewalk, shall be extended all the
way to the west property line of the proposed development.
Planning Code Provisions:
15. 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.
16. Permanent irrigation systems shall be provided to all landscaped areas. Details and
specifications shall be noted on final landscape plans.
17. All landscape plans shall meet the requirements of the Landscape Performance Standards.
23 landscaping points are required for this project and need to be shown on the Final
landscaping plans.
18. Any lighting, including that for security purposes, used to illuminate an off-street parking
area, sign or other structure, 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. Final
site plan shall the location for, and a detail of, any proposed wall mounted and/or signage
lighting.
Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet
or the height of the tallest building on the lot, whichever is lower.
19. Any proposed or existing wall-mounted lights, including those used for security, must be
shown in detail on the Final Site Plan. Applicant shall submit manufacturer’s cutsheets
for proposed lights to ensure that they comply with the Bozeman Zoning Ordinance.
20. 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
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footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
21. That 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 Director.
22. If occupancy of any 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.
23. That the applicant upon submitting the Final Site Plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval have been satisfied or met.
Engineering Conditions:
24. Plans and specifications for the water main, sewer main, and street extensions, prepared
by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to
and approved by the City Engineer. Water and sewer main extension plans and
specifications shall also be provided to approved by the Montana Department of
Environmental Quality (DEQ). The Applicant shall also provide professional engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans, specifications and shop drawings have been approved by
the City and a pre-construction conference has been conducted.
25. Plans and specifications for any fire service line shall be prepared in accordance with the
City's Fire Service Line Policy by a professional engineer, licensed in the state of
Montana, and be provided to and approved by the City Engineer prior to initiation of
construction of the fire service or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
26. City of Bozeman applications for sewer and water service shall be completed by the
applicant.
27. A Stormwater Drainage and Grading Plan for a system designed to remove solids, silt,
oils, grease, and other pollutants from the stormwater runoff for the site must be provided
to and approved by the City Engineer. The plan must demonstrate that adequate site
drainage will be provided by means of including sufficient spot elevations and flow
arrows, existing and proposed contour lines, stormwater detention/retention basin details
including basin sizing and discharge calculations, discharge structure details, pond typical
section and stormwater discharge destination. If the grading design discloses any adverse
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impact to off-site properties, necessary design alterations and/or drainage conveyance
devices and easements must be provided. A stormwater maintenance plan must also be
provided for review and approval. The Maintenance Plan shall include the following:
description of maintenance operations, frequency of inspections and maintenance,
responsible parties and record keeping methodology.
28. All drive approaches shall be constructed in accordance with the City's standard
commercial approach, i.e. concrete apron, sidewalk section, and drop-curb, and shown as
such on the Preliminary Plan. A City Curb Cut and Sidewalk Permit shall be obtained
prior to Preliminary Plan approval.
29. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
30. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits shall be obtained prior to Final Plan approval.
31. Adequate snow storage area must be designated outside the sight triangles, but on the
subject property unless a snow storage easement is obtained for a location off the property
and filed with the County Clerk and Recorder.
The site plan must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. You are 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 MAJOR SITE PLAN REVIEW AND
CERTIFICATE OF APPROPRIATENESS, THE BOZEMAN CITY COMMISSION MADE 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.
Please call me if you have any questions regarding the conditions, code provisions, or the Final Site Plan
approval process, 582-2268.
Sincerely,
Karin Caroline
Assistant Planner
DM/kc
cc: Springer Group Architects, PC, 201 South Wallace Avenue, Bozeman, MT 59715
C&H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718