HomeMy WebLinkAboutWOODHAVEN VILLAGE
CITY COMMISSION STAFF REPORT FILE NO. #Z-07005
WOODHAVEN VILLAGE PUD MODIFICATION CUP
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 1
ITEM: Conditional Use Permit Application #Z-07005 to modify an
approved Planned Unit Development (PUD) to allow 12 additional
residential dwelling units in the Baxter Square Subdivision PUD.
PROPERTY OWNER: D&D Palmer LLC
90 West Fieldview Circle
Bozeman MT 59715
APPLICANT: Nick Palmer
PO Box 1701
Bozeman MT 59771
REPRESENTATIVE: Jami Morris, LLC
159 Mountain Lion Trail
Bozeman MT 59718
DATE/TIME: City Commission 6 pm. on Monday, March 19, 2007 in the
Community Meeting Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
REPORT BY: Martin Knight, Planner I
RECOMMENDATION: Conditional Approval
______________________________________________________________________________
PROJECT LOCATION
The proposed PUD Modification would only apply to property located at 5349 Baxter Lane. This lot is
legally described as Lot 23, Block 2, Baxter Square Subdivision PUD, City of Bozeman, Gallatin County,
Montana. This property is zoned R-3 (Residential Medium Density District) and is designated as
“Residential” on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the
following map.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 2
PROPOSAL
The property owner, D&D Palmer, LLC, and applicant, Nick Palmer, represented by Jami Morris, has
applied for a Conditional Use Permit (CUP) application that would allow a modification to the Baxter
Square Subdivision Planned Unit Development (PUD) to increase the number of residential dwelling
units. The original Baxter Square Subdivision PUD was approved by the City Commission in August of
2003 with a total of 118 residential dwelling units. This modification would permit an additional 12 units
in the Baxter Square Subdivision PUD. The net density, with the proposed amendment, would still
meet the 1 unit per 3,000 square foot minimum. The proposed amendment would provide a net density
of 12 dwelling units per net acre or approximately 3,600 square feet per dwelling unit.
The proposed modification includes the demolition of an existing multi-household structure that
currently supports 3 residential dwelling units. The City of Bozeman Historic Preservation Officer finds
no historic value in the structure to be removed. The site will be redeveloped to include 4 townhouse
style structures (3 tri-plex and 1 four-plex). All elements of the site design will be required to be in
compliance with the previously approved Baxter Square Subdivision PUD (#Z-03132).
Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units. This
requirement was fulfilled through a combination of parkland dedication and cash-in-lieu of parkland.
This additional development will generate a requirement of 0.36 acres (12 additional units x 0.03 acres =
0.36 acres) of parkland. The applicant proposes to meet this requirement with cash-in-lieu. This item
has been included as a condition of Final Site Plan approval.
Minor changes to PUDs can be approved administratively; however, per UDO Section
18.36.040.C.4.b.(2).(b), an amendment to increase the number of residential dwelling units by 2% or
greater must follow the same Planned Unit Development review and public hearing process required for
approval of preliminary plans, which includes DRB review and City Commission approval.
Please note that this project is also undergoing concurrent Site Plan and Certificate of Appropriateness
(COA) review for the actual development of the site. Items related to materials, building design,
pedestrian circulation, etc. will be addressed through in-house review by Planning Staff. The plans are
included in the PUD Modification application for your reference only.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 3
ADJACENT LAND USES & ZONING
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3
residential medium density district is to provide for the development of one- to five- household
residential structures near service facilities within the City. It should provide for a variety of housing
types to serve the varied needs of households of different size, age, and character, while reducing the
adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject
property:
North: Townhomes; zoned R-3 (Residential Medium Density District)
South: Vacant property in the West Winds Subdivision; zoned R-3 (Residential Medium Density
District)
East: Townhomes; zoned R-3 (Residential Medium Density District)
West: Vacant County land
GROWTH POLICY DESIGNATION
The subject property is designated as “Residential” in the 2020 Plan. The Residential classification
designates areas where the primary activity is urban density living quarters, with other uses that
complement residences such as parks, low intensity home based occupations, fire stations, churches, and
schools. It is expected that areas of higher density housing would be likely located in proximity to
commercial centers to facilitate the broadest range of feasible transportation options for the greatest
number of individuals. In limited instances the strong presence of constraints and nature features such
as floodplains may cause an area to be designated for development at a lower density than normally
expected with this classification.
REVIEW CRITERIA & FINDINGS
In approving a modification to a Planned Unit Development application, the City Commission shall
consider the criteria outlined in the Unified Development Ordinance including Section 18.34.090 “Site
Plan and Master Site Plan Review Criteria;” Section 18.34.100 “City Commission Consideration and
Findings for Conditional Use Permits;” and Chapter 18.36 “Planned Unit Development.” Planning
Staff has evaluated the application against the relevant review criteria that are applicable to the proposed
PUD modification and offers the following summary review comments below.
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission shall consider the
following:
1. Conformance to and consistency with the City’s adopted growth policy
Again, the property is designated as “Residential” according to the adopted growth policy. This
classification provides for areas where the primary activity is urban density living quarters, with other
uses that complement residences such as parks, low intensity home based occupations, fire stations,
churches, and schools. It is expected that areas of higher density housing would be likely located in
proximity to commercial centers to facilitate the broadest range of feasible transportation options for
the greatest number of individuals. In limited instances the strong presence of constraints and nature
features such as floodplains may cause an area to be designated for development at a lower density than
normally expected with this classification. Specific goals related to the 2020 Plan include the following:
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 4
Chapter 6.6.2, Objective 3: Support and encourage compatible infill development to
avoid sprawl and unnecessary public expense.
This proposal would increase of overall net density of the Baxter Square Subdivision to 12
units/acre, or approximately 3,600 square feet per dwelling unit.
Chapter 6.6.1, Objective 7: Provide for an average 20 percent dwelling unit per acre
density increase within the existing developed residential areas of the City to reduce the
area required for an increased population during the 20-year duration of the plan.
Again, the proposed development would increase the overall density of the Baxter Square
Subdivision PUD.
2. Conformance to this title, including the cessation of any current violations
The property owner must comply with all provisions of the Bozeman Municipal Code, which
are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised
that unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law. The following code provisions must be addressed
with the final submittal:
a) Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within
1 year of preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Office.
b) Section 18.34.100.C states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure. All special conditions and code provisions shall constitute restrictions
running with the land, shall be binding upon the owner of the land, his successors or
assigns, shall be consented to in writing by the applicant prior to commencement of the use
and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the
property owner prior to the final site plan approval or commencement of the use. All of
the conditions and code provisions specifically stated under any conditional use listed in
this title shall apply and be adhered to by the owner of the land, successor or assigns.
c) Section 18.34.140 states that 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.
d) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop
equipment should be incorporated into the roof form and ground mounted equipment
shall be screened with walls, fencing or plant materials.
e) Section 18.42.150 requires a lighting plan for all on-site lighting, including wall-mounted
lights on the building, must be included in the submittal for final approval.
f) Section 18.42.170 requires the trash receptacles to be appropriately sized and located for
the specific as approved by the City Sanitation Department. Accommodations for
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 5
recyclables must also be considered. All receptacles shall be located inside of an approved
trash enclosure. A copy of the site plan, indicating the location of the trash enclosures,
dimensions of the receptacles and enclosures and details of the materials used, shall be sent
to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan
approval.
g) Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure
and a public street to be screened from the public street.
h) Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the
construction and installation of any on-site signage.
i) The final landscape plan shall be signed and certified by a landscape professional as
outlined in Section 18.78.100.
Engineering:
a. A City standard public access easement shall be provided about the drive aisle of the
development. An easement document and exhibit acceptable in form and content shall
be executed by the landowner(s) prior to final site plan.
b. Curb shall be painted red and “no parking fire lane” signs installed along all designated
fire lanes in the development as determined by the Bozeman Fire Department.
c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to
and approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), stormwater detention/retention basin details
(including basin sizing and discharge calculations and discharge structure details),
stormwater discharge destination, and a stormwater maintenance plan.
d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and
symbols used provided.
e. The location of existing water and sewer mains shall be properly depicted, as well as
nearby hydrants.
f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for services shall be completed by the
applicant. Distinction between proposed and existing services shall be made.
g. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made.
Proposed utility easements shall be provided prior to FSP approval.
h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon
the Landscape Plan and maintain a minimum horizontal separation of 10’ to landscape
trees and lot lighting improvements. A note shall be added to the landscape plan to this
affect.
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i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to and approved by the City Engineer. Concrete curbing shall
be provided around the entire new parking lot perimeter with locations of spill curb and
catch curb distinguished.
j. As per section 18.44.090 UDO access approaches must be constructed in accordance
with City Standards and shall be labeled and detailed as such on the FSP.
k. City standard sidewalk shall be installed and properly depicted at the standard location
(i.e. 1’ foot off property line or per approved road section) along the street frontages.
Any deviation to the standard alignment or location must be approved by the City
Engineer. A City Sidewalk and Curb Cut Permit shall be obtained prior to
construction.
l. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and
no plantings or other obstructions shall be located in the vision triangle in excess of 30”
in height above the street centerline grade. On-street parking stalls are not permitted
where the extended vision triangle intersects the curb.
m. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of
the Unified Development Ordinance. This shall be submitted as part of the final site
plan for site developments, or with infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
n. All construction activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that
is dragged to adjacent streets. The City may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning that
are required are complete. The developer shall be responsible to reimburse the City for
all costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
o. If construction activities related to the project result in the disturbance of more than 1
acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the applicant to determine if a Storm Water Discharge Permit is necessary.
If required by the WQB, an erosion/sediment control plan shall be prepared for
disturbed areas of 1 acre or less if the point of discharge is less than 100’ from State
Waters.
p. The Gallatin County Conservation District, Montana Department of Environmental
Quality, and U.S. Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained and provided prior to FSP approval.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 7
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All conditions
for a Conditional Use Permit must be met prior to final site plan approval including the
recording of the conditions for the Conditional Use Permit. The plans for the actual carwash
will be further evaluated against the requirements of the International Building Code at the time
application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The site plan review process as well as the PUD architectural guidelines will ensure compatibility
with the surrounding properties and neighborhood.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Each of the 13 townhouse units will have 3 bedrooms for a parking requirement of 3 spaces per
unit and a total of 39 spaces. All of the units will have 2-car garages which accounts for 26
spaces. The tri-plex buildings have adequate space behind the garage to allow for stacking
which will provide another 18 parking spaces. The four-plex building will utilize 3 on-street
parking spaces which will make up 3 spaces per unit and a total of 48 parking spaces for the
complex. Thus, the preliminary site plan depicts parking that fulfills the Zoning Ordinance
requirement, which includes providing one space per bedroom.
6. Pedestrian and vehicular ingress and egress
Two vehicular accesses off Buckrake Avenue are proposed. The existing drive access off
Buckrake will be utilized; currently this access, located approximately 70’ from the Baxter Lane
intersection, does not meet the City Standards for drive access separation (150’ from arterial
streets) or the width requirements for two-way traffic. The applicant has requested a deviation
for the City Engineering Department that would permit the utilization of this existing drive
access. Upon review, the City Engineer has found this to be acceptable.
Pedestrian access will be provided from sidewalks along Hoover Street, Buckrake Avenue, and
Baxter Lane.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
The Landscape Plan will be evaluated for the required 23 points with the Final Site Plan. The
horseshoe drive aisle design does permit the preservation of the majority of mature vegetation
on this property. Furthermore, this design will screen vehicular areas from the adjacent public
park and associated trails.
Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units. This
requirement was fulfilled through a combination of parkland dedication and cash-in-lieu of
parkland. This additional development will generate a requirement of 0.36 acres (12 additional
units x 0.03 acres = 0.36 acres) of parkland. The applicant proposes to meet this requirement
with cash-in-lieu. This item has been included as a condition of Final Site Plan approval.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 8
8. Open space
The re-development of this property will require a minimum of 1,950 square feet of open space
be provided. Approximately 4,800 square feet of open space is proposed; being obtained
primarily through the preservation of existing mature vegetation and the concentration of
buildings toward the center of the development.
9. Building location and height
Again, building location and height is being evaluated with site plan review. The proposed PUD
Modification is related to the increase in the number of dwelling units and does not directly
affect building locations or height.
The maximum height allowed in the R-3 zoning district is 42 feet and the setbacks are as
follows:
-Front: 25 feet adjacent to arterials, 20 feet adjacent to collectors, and 15 feet
adjacent to locals.
-Rear: 20 feet
-Side: 5 feet
The proposed maximum building height is 29 feet. The proposed building setbacks are 25 feet
along Baxter Lane, 15 feet along Buckrake Avenue and Hoover Street, and 20 feet along the rear
(west) property boundary. Thus, the required setbacks are being provided.
10. Setbacks
Again, the proposed plan meets required setbacks. The Final Site Plan will also be reviewed to
ensure compliance with setbacks.
11. Lighting
A lighting detail was not submitted with the Site Plan application packet. A lighting plan,
depicting all on-site lighting, has been established as a code provision for Final Site Plan
approval.
12. Provisions for utilities, including efficient public services and facilities
Water and sewer service will be obtained from both Buckrake Avenue and Hoover Street.
Accurate depiction of existing and proposed water and sewer mains has been included as a code
provision for Final Site Plan approval.
13. Site surface drainage
A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan has been included as
an Engineering provision for Final Site Plan approval.
14. Loading and unloading areas
All loading and unloading areas meet the UDO requirements set forth.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 9
15. Grading
Minimal grading will be required on this site.
16. Signage
No signage has been proposed. A code provision requiring that a Sign Permit Application be
submitted, reviewed, and approved by the Planning Office prior to the construction and
installation of any on-site signage has been included. All signage will require a sign permit.
17. Screening
No screening has been proposed. All mechanical equipment shall be screened in accordance
with UDO section 18.38.050. This shall include, but not be limited too, air conditioners and
electric panels. All mechanical equipment and screening shall be depicted on the site plan and
landscaping plan for Final Site Plan submittal. This has been included as a code provision for
Final Site Plan approval.
18. Overlay district provisions
The subject property is located within the approved Baxter Square Subdivision PUD and has
been evaluated against relevant portions of the guidelines for the PUD.
19. Other related matters, including relevant comment from affected parties
No public comment has been received.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements
of the development to become nonconforming.
The shared access is required to have a shared access easement. Again, this is a site plan
issue and is not required as part of the PUD Modification.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a conditional
use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity.
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Zoning requirements, such as setbacks, parking, landscaping, lot coverage, etc. should
ensure that the proposed development does not negatively impact the surrounding
properties. The proposed layout will not prohibit development of adjacent properties.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the
burden of proof.
Staff does not find that the proposal will have adverse effects on abutting properties. The
proposed configuration, density, and design will be consistent with that found in the Baxter
Square Subdivision.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include,
but are not limited to: regulation of use; special yards, spaces, and buffers; special
fences, solid fences and walls; Surfacing of parking areas; Requiring street, service
road or alley dedications and improvements or appropriate Bonds; Regulation of
points of vehicular ingress and egress; Regulation of signs; Requiring maintenance
of the grounds; Regulation of noise, vibrations and odors; Regulation of hours for
certain activities; Time period within which the proposed use shall be developed;
Duration of use; Requiring the dedication of access rights; Other such conditions as
will make possible the development of the City in an orderly and efficient manner
Staff does not find any additional conditions necessary.
Section 18.36.090 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unit development, find favorably as follows:
a. All Development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory “All Development” group.
1. Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways,
sanitary supply, irrigation companies, fire protection, electricity, flood hazard
areas, natural gas, telephone, storm drainage, cable television, and streets?
City design standards for services have been addressed through the Baxter Square
Subdivision. Any site specific standards are being addressed through site plan review.
2. Does the project preserve or replace existing natural vegetation?
Numerous stands of mature vegetation exist throughout the property. The proposed
horseshoe drive aisle and building configuration will permit the preservation of a
majority of this mature landscaping. Additional landscaping features, to fulfill the UDO
landscaping requirements, will be integrated with this existing vegetation.
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3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
The proposed site plan for this lot works within the context of the overall PUD.
Primary entrances will be oriented towards Buckrake Avenue, creating an aesthetically
pleasing streetscape. Vehicular traffic will be located towards the center of the
development, thus, screening vehicular uses from the adjacent public park.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project?
Again, the configuration of the development will permit the preservation of a majority
of the mature vegetation found on the property. The installation of drought tolerant
landscaping and the use of passive solar energy will further aid in the overall reduction
of energy used by the project.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the
residents of the project?
Again, the horseshoe configuration of the development will both aid in screening
vehicular uses from adjacent properties and permit the preservation of mature
vegetation, which will further aid in maximizing privacy. The proposed pedestrian
circulation patterns are acceptable for residential uses.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the
area of park land or open space been provided for each proposed dwelling as
required by Section 18.50.020 “Park Requirements?”
Parkland for the Baxter Square Subdivision was calculated based on 118 dwelling units.
This requirement was fulfilled through a combination of parkland dedication and cash-
in-lieu of parkland. This additional development will generate a requirement of 0.36
acres (12 additional units x 0.03 acres = 0.36 acres) of parkland. The applicant proposes
to meet this requirement with cash-in-lieu. This item has been included as a condition
of Final Site Plan approval.
7. Performance. All PUDs shall earn at least twenty performance points.
Nonresidential developments within the North 19th Avenue/Oak Street corridor
shall earn thirty points. Points may be earned in any combination of the
following. The applicant shall select the combination of methods but the City
may require documentation of performance, modifications to the configuration
of open space, or other assurances that the options selected shall perform
adequately.
Not applicable; the master plan for the overall PUD has already been approved. The
proposed PUD modification does not significantly affect the PUD master plan.
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 12
8. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated “pad” to adjoining development?
The proposed modification will be consistent with development found in the Baxter
Square Subdivision and adjacent uses (i.e. West Winds Subdivision).
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the
maximum extent possible, preserve and promote the unique character of
neighborhoods, with provisions for a mix of limited commercial development.
Residential PUD Criteria was evaluated as part of the original PUD.
CONCLUSION/RECOMMENDATION
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the proposed PUD modification and support the proposed additional dwelling units with the
following conditions of approval:
1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This
appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned
property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site
Plan approval.
2. Porches, decks, stoops, and similar features may not encroach more than 5’ into the required
front yard setback. The Final Site Plan submittal materials must reflect this.
3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for
Final Site Plan submittal.
4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall
any of the trees be damaged or destroyed during construction; a similar species of tree with a
minimum caliper of 2” shall be planted in its place. The landscaping plan for Final Site Plan
submittal shall include this language.
5. The southernmost access approach does not satisfy access separation standards of Section
18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined
in Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site
plan approval.
6. The existing on-site well and septic system shall be abandoned per Gallatin City-County
Health Department and MDEQ regulations. The existing well may continue to be utilized
for site irrigation but shall be disconnected for potable use.
The Planning Staff, DRC, and DRB have reviewed the proposed modification to the PUD. Planning
Staff has identified various code provisions which must be met by this application. Some or all of these
items are listed in the findings (see pages 4, 5, and 6) of this staff report. The applicant must comply
Woodhaven Village PUD Modification CUP/PUD, #Z-07005 13
with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this
project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions,
or code provisions that are not specifically listed as conditions of approval, does 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 CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT
ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION.
Attachments: DRB Minutes 2.28.07 (consent item)
DRB Memo 2.28.07 (consent item)
Applicant Submittal Materials
Report sent to: D&D Palmer, LLC, 90 West Fieldview Circle, Bozeman, MT 59715
Nick Palmer, PO Box 1701, Bozeman, MT 59771
Jami Morris, LLC, 159 Mountain Lion Trail, Bozeman, MT 59718
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
March 20, 2007
Jami Morris, LLC
159 Mountain Lion Trail
Bozeman, MT 59718
RE: Woodhaven Village CUP/PUD Application #Z-07005
Dear Sirs:
On March 19, 2007, the Bozeman City Commission conditionally approved the Woodhaven Village
Conditional Use Permit application to allow 12 additional residential dwelling units in the Baxter Square
Subdivision PUD, and related site improvements on property located at 5349 Baxter Lane. The City
Commission’s decisions were based on the fact that, with conditions, the proposals comply with the
requirements of the Unified Development Ordinance, will not be detrimental to the health, safety, or
welfare of the community, and are in harmony with the purpose and intent of the Bozeman 2020
Community Plan.
Seven copies of a Final Site Plan which show how all conditions of approval and code provisions have been
addressed must be submitted to the Planning & Community Development Department within six months,
by September 19, 2007. The submittal must be accompanied by a written narrative explaining how all of
the conditions of approval and code provisions 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. I have attached a copy of the conditions of a conditional use permit which must be
recorded at the Clerk & Recorder’s Office. The conditions of approval and code provisions are as follows:
#Z-07005 Conditions of Approval:
1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland. This
appraisal shall be for the fair market value of un-subdivided, un-improved, annexed, and zoned
property. This appraisal shall be no sooner than 90 days prior to the submittal for Final Site Plan
approval.
2. Porches, decks, stoops, and similar features may not encroach more than 5’ into the required front
yard setback. The Final Site Plan submittal materials must reflect this.
3. Items to be removed (i.e. house and landscaping) shall not be included on the Final Site Plan for
Final Site Plan submittal.
4. Trees to be preserved shall be clearly depicted on the Final Site Plan submittal materials. Shall any
of the trees be damaged or destroyed during construction; a similar species of tree with a minimum
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caliper of 2” shall be planted in its place. The landscaping plan for Final Site Plan submittal shall
include this language.
5. The southernmost access approach does not satisfy access separation standards of Section
18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined in
Section 18.44.090.H.3 must be provided in their entirety and approved prior to final site plan
approval.
6. The existing on-site well and septic system shall be abandoned per Gallatin City-County Health
Department and MDEQ regulations. The existing well may continue to be utilized for site irrigation
but shall be disconnected for potable use.
#Z-07005 Code Provisions:
a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1
year of preliminary approval containing all of the conditions, corrections and modifications to
be reviewed and approved by the Planning Office.
b. Section 18.34.100.C states that the right to a conditional use permit shall be contingent upon
the fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure. All special conditions and code provisions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing by the applicant prior to commencement of the use and shall be
recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner
prior to the final site plan approval or commencement of the use. All of the conditions and
code provisions specifically stated under any conditional use listed in this title shall apply and be
adhered to by the owner of the land, successor or assigns.
c. Section 18.34.140 states that 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.
d. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment
should be incorporated into the roof form and ground mounted equipment shall be screened
with walls, fencing or plant materials.
e. Section 18.42.150 requires a lighting plan for all on-site lighting, including wall-mounted lights
on the building, must be included in the submittal for final approval.
f. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the
specific as approved by the City Sanitation Department. Accommodations for recyclables must
also be considered. All receptacles shall be located inside of an approved trash enclosure. A
copy of the site plan, indicating the location of the trash enclosures, dimensions of the
receptacles and enclosures and details of the materials used, shall be sent to and approved by
the City Sanitation Division (phone: 586-3258) prior to final site plan approval.
g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a
public street to be screened from the public street.
h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the
construction and installation of any on-site signage.
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i. The final landscape plan shall be signed and certified by a landscape professional as outlined in
Section 18.78.100.
Engineering:
a. A City standard public access easement shall be provided about the drive aisle of the
development. An easement document and exhibit acceptable in form and content shall be
executed by the landowner(s) prior to final site plan.
b. Curb shall be painted red and “no parking fire lane” signs installed along all designated fire
lanes in the development as determined by the Bozeman Fire Department.
c. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed
to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by
the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot
elevations), stormwater detention/retention basin details (including basin sizing and discharge
calculations and discharge structure details), stormwater discharge destination, and a stormwater
maintenance plan.
d. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols
used provided.
e. The location of existing water and sewer mains shall be properly depicted, as well as nearby
hydrants.
f. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for services shall be completed by the applicant.
Distinction between proposed and existing services shall be made.
g. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made. Proposed
utility easements shall be provided prior to FSP approval.
h. Proposed and existing water/sewer services, mains and hydrants shall be depicted upon the
Landscape Plan and maintain a minimum horizontal separation of 10’ to landscape trees and lot
lighting improvements. A note shall be added to the landscape plan to this affect.
i. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall
be provided to and approved by the City Engineer. Concrete curbing shall be provided around
the entire new parking lot perimeter with locations of spill curb and catch curb distinguished.
j. As per section 18.44.090 UDO access approaches must be constructed in accordance with City
Standards and shall be labeled and detailed as such on the FSP.
k. City standard sidewalk shall be installed and properly depicted at the standard location (i.e. 1’
foot off property line or per approved road section) along the street frontages. Any deviation
to the standard alignment or location must be approved by the City Engineer. A City Sidewalk
and Curb Cut Permit shall be obtained prior to construction.
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l. Street vision triangles shall be depicted in accordance with section 18.44.100 UDO and no
plantings or other obstructions shall be located in the vision triangle in excess of 30” in height
above the street centerline grade. On-street parking stalls are not permitted where the extended
vision triangle intersects the curb.
m. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the
applicant to ensure that the construction traffic follows the approved routes.
n. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it
becomes necessary for the City to correct any problems that are identified.
o. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department
of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to
determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an
erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point
of discharge is less than 100’ from State Waters.
p. The Gallatin County Conservation District, Montana Department of Environmental Quality,
and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior
to FSP approval.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
Sincerely,
Martin Knight
Planner I
CC: Jami Morris, LLC, 159 Mountain Lion Trail, Bozeman, MT 59718
D&D Palmer, LLC, 90 West Fieldview Circle, Bozeman, MT 59715
Nick Palmer, PO Box 1701, Bozeman, MT 59771