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HomeMy WebLinkAboutLEGENDS AT BRIDGER CREEK PHASE II CITY COMMISSION STAFF REPORT LEGENDS AT BRIDGER CREEK II PRELIMINARY PLAN #Z-06021 Item: Zoning Application #Z-06021  An application for a Conditional Use Permit with relaxations for the Legends at Bridger Creek II Planned Unit Development Preliminary Plan to allow development of ~ 57 acres into ~ 127 lots for single household residential use. The property, located ~ 1,300 feet east and ~ 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill, is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-1 (Residential Single-Household, Low Density District) and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. Owner/Applicant: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802; Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Representative: Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718. Date/Time: Bozeman City Commission: Monday, April 17, 2006 at 6:00 p.m., Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located ~ 1,300 feet east and ~ 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. The ~ 57 acre property is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-1 (Residential Single-Household, Low Density District) and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. Please refer to the vicinity map on the following page. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 2 PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan, ~ 57 acres to be developed as 127 lots for single household use with a park, open space and trail system. The subdivision would have access from MT Highway 86 (aka Bridger Drive/Bridger Canyon Road), Boylan Road, and internal streets. The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city’s standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The applicant has requested the following relaxations: 1.) Section 18.16.050, Yards; to allow lots fronting on a greenway corridor to have a minimum rear yard of 15 feet. Planning Staff recommends the following condition.  Per Section 18.16.050.A.4., the following requirement shall be placed in the covenants “All vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code”. 2.) Section 18.44.010.A, Relation to Undeveloped Areas; to allow the construction of street and other public improvements to not be extended to the property line. Due to written support from the adjoining property owner, Planning Staff recommends the following condition:  Either 1) An executed acknowledgement placed on the property to the north stating that the current owners, their heirs, successors and assigns shall be responsible for the construction of the proposed Northview Street and all other public improvements within said right-of-way #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 3 from Boylan Road to the northern boundary line of this subdivision. The acknowledgement shall be recorded with the Gallatin County Clerk and Recorder prior to the time of final plat recordation. A copy of the executed and recorded documents shall be submitted with the final plat; or 2) 100% of the cost of construction of the improvements shall be placed in an escrow account to be used for completion of these improvements in the future prior to final plat approval. A copy of the executed documents shall be submitted with the final plat. 3.) Section 18.44.020.A.2, Private Streets; to allow a 31-foot right of way for Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes. Planning Staff recommends the following conditions and code provisions:  Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public.  Per Section 18.44.020.A.2.b., A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance.  Per Section 18.44.020.A.2.b., Executed waivers of right to protest creation of special improvement districts (SIDs), or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The waiver, or other legal instrument, shall be recorded with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat.  Per Section 18.44.020.A.2.c, Documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.040. 4.) Section 18.44.080, Sidewalks; to not construct sidewalks on private streets. Planning Staff recommends the following condition:  The following requirement shall be placed in the covenants “All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area”. ZONING DESIGNATION & LAND USES The subject property is zoned “R-1” (Residential Single-Household, Low Density District), and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. The intent of the “R-1” residential district is to provide for single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area’s residents while respecting the residential character and quality of the area. The intent of the Entryway Corridor Overlay district is to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this title, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. The following land uses and zoning are adjacent to the subject property: #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 4 North: “AS” (County Zoning Agricultural Suburban) – Unincorporated, agricultural, and dwelling units. East: “R-1” (Residential Single-Household, Low Density District) – Creekwood Subdivision. South: “RS” (Residential Suburban) –Unincorporated, Mt. Baldy and Ed Vogel Subdivisions, dwelling units. West: “R-1” (Residential Single-Household, Low Density District) – Legends at Bridger Creek I. ADOPTED GROWTH POLICY DESIGNATION The property is designated as “Residential” in the Bozeman 2020 Community Plan. The “R-1” (Residential Single-Household, Low Density District) zoning designation is consistent with this land use designation of the property. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 5 Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following:  Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use.  Goal 5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. This subdivision has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. However, reduction in this density should not be promoted, and aggregation of lots shall not be allowed. Staff supports the creation of additional lots. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Unified Development Ordinance. a. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. c. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 6 d. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB, the elements of the Legends at Bridger Creek II PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval, the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing the recommendations made in the Traffic Impact Study for Legends at Bridger Creek II Subdivision by Marvin & Associates, dated October 2005. This is reflected in conditions of approval for the preliminary plat as required by the City Engineer, which included improvements to appropriate street and intersections. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Legends II with sidewalks along streets or within open space areas, and a circular trail system through the project. The PUD plan includes interior subdivision streets with access off of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Boylan Road. All lots are provided with vehicular access either from local streets, private lanes and/or alleys. The applicant has requested a relaxation of Section 18.44.080, Sidewalks; to not construct sidewalks on private streets. Planning Staff recommends the following condition: The following requirement shall be placed in the covenants “All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area”. 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. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 7 Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. However, to enhance the open space and pedestrian areas, and provide excellence of design in exchange for the relaxations requested, DRB and Planning Staff has recommended the following condition: The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 8. Open space. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. Based on comments received during the preapplication review, input from the R&PABSRC and to provide greater visual and physical access to the public open space, staff required the following as a condition of approval: A significant portion of Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. The applicants have submitted an alternative design that moves Boylan Road to the north and increases the amount of open space frontage. This redesign accomplishes what staff was hoping to achieve without compromising the existing and planned road connections. There have been numerous letters and comments received in opposition to moving Boylan Road to the north. 9. Building location and height. Maximum building height for each residential district shall be as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-1 Less than 3:12 24 3:12 or greater but less than 6:12 28 6:12 or greater but less than 9:12 32 Equal to or greater than 9:12 36 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet b. Adjacent to collector streets as designated in the Bozeman growth policy - 20 feet #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 8 c. Adjacent to local streets - 15 feet 2. Rear yard - 20 feet 3. Side yard - 5 feet The applicant has requested a relaxation of Section 18.16.050, Yards; to allow lots fronting on a greenway corridor to have a minimum rear yard of 15 feet. Planning Staff recommends the following condition: Per Section 18.16.050.A.4., the following requirement shall be placed in the covenants “All vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code”. 11. Lighting. The project will need to provide subdivision lighting in accordance with Section 18.42.150.C. Subdivision lighting includes street lighting and pathway intersection lighting. Prior to final plan and plat approval, staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. The project will need to provide utilities in accordance with the Bozeman Unified Development Ordinance. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will have to address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 9 Design Objectives Plan Criteria 1. Neighborhood Design (pages 9-14 of the Design Objectives Plan): A. Green Space: Both side of Northview Street will be landscaped to UDO standards. B. Auto Connections: Not applicable, only the access corridor for Northview Street. C. Pedestrian and Bicycle Connections: Not applicable, only the access corridor for Northview Street. D. Street Character: Not applicable, only the access corridor for Northview Street. 2. Site Design (pages 15-36): Not applicable, only the access corridor for Northview Street. 3. Building Design (pages 37-48): Not applicable, only the access corridor for Northview Street. 4. Sign Design (pages 49-56): Not applicable, only the access corridor for Northview Street. 5. Corridor Specific Guidelines: Rouse Avenue and Bridger Canyon Drive (pages 86-91):  Guideline J.1. Bridger Drive east of the Story Mill Road intersection, should be relatively narrow in keeping with the rural arterial road character: Bridger Canyon Drive improvements will be determined by the Montana Department of Transportation (MDT). Both side of Northview Street will be landscaped to City of Bozeman standards.  Guideline J.2. A pedestrian and bicycle boulevard trail shall be provided: Not applicable, only the access corridor for Northview Street.  Guideline J.3. Build upon the “industrial style” architecture that exists along Rouse: Not applicable, only the access corridor for Northview Street.  Guideline J.4. Build upon the “rural and mountain style” architecture that exists along Bridger Drive: Not applicable, only the access corridor for Northview Street.  Guideline J.5. Reduce the visual impact of industrial operations. Not applicable, only the access corridor for Northview Street.  Guideline J.6. The following streetscape elements would be appropriate in this corridor: Street trees, Simple furnishings, Bicycle facilities, Provide boulevard trail connections, landscaped area with shelter and map display, Interpretive marker. Not applicable, only the access corridor for Northview Street. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements 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; or b. The subject of #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 10 reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This Planned Unit Development application includes a request for numerous relaxations from the Unified Development Ordinance. Other than the relaxations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Legands at Bridger Creek II PUD is bordered on two sides by new subdivisions - Legends I to the west and Creekwood to the east, Bridger Creek is on the north side, and on the south side are existing rural subdivisions – Mount Baldy and Ed Vogel. It is designed with open space buffers along the north and west boundaries, and an alley as requested by the adjoining property owners along the south. The east side has been designed to blend with the Creekwood Subdivision. Therefore, it will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. This subdivision has a net density of ~ 5.7 dwelling units per acre. A reduction in this density should not be promoted, and aggregation of lots shall not be allowed. Planning staff recommends the following condition: The covenants shall indicate that the aggregation of lots shall not be permitted. b. Special yards, spaces and buffers. Planning Staff has recommended the following condition and code provision addressing special landscaped yards and buffers to ensure that the open space buffer areas are enhanced with landscaping as shown in the application: The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points; and The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 11 The applicant has requested a relaxation of Section 18.16.050, Yards; to allow lots fronting on a greenway corridor to have a minimum rear yard of 15 feet. Planning Staff recommends the following condition: Per Section 18.16.050.A.4., the following requirement shall be placed in the covenants “All vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code”. c. Special fences, solid fences and walls. Planning Staff has recommended the following condition addressing special fences adjacent to open space and parks: Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets, lanes and alleys will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 12 n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “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: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? In the area along Bridger Creek there are cottonwoods, dogwood, quaking aspen, chokecherry, willow and alder. In the area that has historically been in agricultural use there are no significant levels of mature vegetation (trees or large bushes). (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? With both vehicular and pedestrian connectivity, the elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. (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? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system contribute to the overall reduction of energy use 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? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 13 (6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? Preliminary Park Plan depicts an active park with a soccer field, parking lot, public restrooms and a trail system. The subdivider has committed to most of the park improvements. The Recreation and Parks Advisory Board Subdivision Review Commission and the Park and Recreation Superintendent have reviewed the park plan and suggested that the following recommendations, conditions, changes or additions be made to the Park Plan prior to submittal for review and approval by the City Commission, with a recommendation from the Recreation and Parks Advisory Board:  The east to west trail along Bridger Creek should be a 6 foot wide natural fines trail and the plan should clearly show a connection to the undeveloped property at the east edge. This trail should be constructed a sufficient distance from Bridger Creek so as not to be affected as the creek bed moves.  An unobstructed 10 foot wide meandering corridor should be maintained east to west through the open space area to provide for a groomed ski trail during winter.  The park land dedication requirement should be recalculated to not include the proposed clubhouse and associated road and parking area. The area providing access to the restrooms at the north end of the clubhouse should be counted as park land dedication since the restrooms are intended to be open to the public.  Uniform fencing or adequate landscaping should be required along the backyard property lines of all lots backing up to park or open space to avoid encroachment by owners and to reduce the possible conflicts between owners and trail users and pets. This is especially important with those lots along the North of the property that border the trail area.  Northview Street should not be extended north of Boylan until the adjacent property to the north is developed and Northview continues into it. Until that time the east to west trail should continue straight across and not divert to the sidewalk.  No concrete spectator area should be placed on the south side of the soccer field to allow for more usable turf area.  All park amenities, including park furniture and trees should be sited on the plan for Park Division approval.  Any construction or work within the dedicated park land and open space shall require preconstruction meetings and approval of the Parks Division. Frontage: The park area has been located in the northwest corner of the property to take advantage of the potential consolidation with Legends I to the west and future park development to the north. Therefore, no frontage can be provided or required along the west side or along Bridger Creek. Due to the applicant’s request to not construct all of Northview Street, the applicant is requesting consideration and approval of the installation of streets along less than 100 percent of the perimeter of the park per Section 18.50.060 (Frontage). The park area has ~ 963 feet of street frontage, of which ~ 833 feet or ~ 87% of the perimeter of the park would have constructed street frontage. There are several UDO code provisions that the applicant must comply with when there are streets along less than 100 percent of the perimeter of the park: #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 14  Per Section 18.50.060, the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the perimeters without street frontage.  Per Section 18.50.060, the subdivider shall provide the additional land for a parking area based on lot frontage (~ 130 feet) x 14 feet for ~ 1,820 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated.  Per Section 18.50.060, the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. Waiver: The applicant is requesting a waiver of park dedication requirements pursuant to Section 18.50.100.A of the Bozeman Unified Development Ordinance to allow natural resources/critical wildlife habitat (stream and wetlands) to meet the requirements for this subdivision. Staff believes that it is appropriate for the natural resource area (stream and wetlands) to be used to reduce the total parkland requirement. (7) Performance. All PUDs shall earn at least twenty performance points. The code requires the applicant to demonstrate the achievement of at least 20 performance points. Since all of the open space in this proposed subdivision is publicly accessible with recreation pathways, only 16% of the non-dedicated portion of the project must be PUD open space. ~ 42 acres of the project is non-dedicated land, requiring ~ 6.7 acres of publicly accessible open space. The open space shall be landscaped by the applicant in a manner that shall meet or exceed the standards of Chapter 18.48. Due to the non-traditional design of this project with numerous houses front the public opens space, staff has recommended the following condition: The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. (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 design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. Residential Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? This subdivision has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 15 use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. However, reduction in this density should not be promoted, and aggregation of lots shall not be allowed. An added bonus of moving Boylan Road to the north is that the alternative design has created two additional lots. Staff supports the creation of additional lots. (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas, with both private yards and public spaces. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a community center, pedestrian trail(s), as well as areas for passive recreation. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? The overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a non-traditional single-use development in a largely rural but developing area. However, the Bozeman 2020 plan has designated this area for “Residential” land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 16 pedestrian trails, and by preserving watercourses. RECOMMENDED CONDITIONS OF APPROVAL Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB) and other boards, when appropriate, have reviewed the Conditional Use Permit (CUP) with relaxations for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Unified Development Ordinance. Based on the evaluation of said criteria and findings by the Planning Staff, staff finds that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 1. All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area. 2. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 3. The developer shall landscape open space areas 3, 4, 5, 6, 7, 9, 10, 11 and 12 in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48 and achieves a minimum of 23 landscaping points. 4. A significant portion of Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. 5. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants “Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code”. 6. The covenants shall indicate that the aggregation of lots shall not be permitted. 7. The recreation building and associated parking lot shown in the park area will be subject to site plan review. 8. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 17 b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 9. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. 10. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 11. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CONCLUSION/RECOMMENDATION The DRC, DRB, and other boards, when appropriate, have reviewed the application #Z-06021 for a Conditional Use Permit (CUP) with relaxations for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan to allow development of ~ 57 acres and as a result recommends to the City Commission conditional approval of said application with relaxations #1 through #4 subject to conditions and code provisions outlined in this 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 and conditions of this staff report. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CUP WITH RELAXATIONS FOR THE LEGENDS AT BRIDGER CREEK II PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION. #Z-06021 Legends at Bridger Creek II PUD Preliminary Plan: Staff Report 18 Attachments: Applicant’s Submittal dated. DRB minutes of March 22, 2006. cc: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802. Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718.