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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
MEMORANDUM
To: Bozeman Building Division (2 copies)
Bozeman Water and Sewer Department
Bozeman Engineering Department (Bob Murray) From: Lanette Windemaker, AICP; Contract Planner Date: November 14, 2007, 2007
Re: Baxter Meadows 4 Final PUD Plan (#Z-07049) Approved Final Plan
The Final PUD Plan was approved by the Planning Director on November 14, 2007. Attached is the copy of the approval Final PUD Plan for your records. If you do not want your copy, please return it to me.
If you have any questions, please give me a call at 586-5266.
PLANNING DEPARTMENT STAFF REPORT # Z-07049
BAXTER MEADOWS PHASE 4 PUD PRELIMINARY PLAN
Item: Zoning Application # Z-07049 An application for the Conditional Use
Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential
development. The property, located southwest of the intersection of
Baxter Lane and Davis Lane, is legally described a portion of Tract 4A-
1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, PMM, City
of Bozeman, Gallatin County, Montana. The property is zoned R-3
(Residential Medium Density District).
Owner/Applicant: Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT
59102.
Representative: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59719.
Date/Time: Before the Design Review Board on Wednesday, April 25, 2007, at 5:30
p.m. in the second floor Conference Room at the Professional Building,
20 East Olive Street, Bozeman, Montana, and
Before the Bozeman City Commission on Monday, June 18, 2007, at 6:00
p.m. in the 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 southwest of the intersection of Baxter Lane and Davis Lane. The ~ 48 acre property
is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3,
T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential
Medium Density District). Please refer to the vicinity map on the following page.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 2
PROPOSAL
Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter
Meadows Phase 4 Planned Unit Development (PUD) Preliminary Plan, consisting of ~ 48 acres to be
developed as a neo-traditional residential development. This proposal would develop 127 lots for
single household uses, multi household uses, and a community center with open space and a trail
system. This proposal is being review concurrently with the preliminary plat application. The Design
Review Board reviewed the Phase 4 Preapplication Plan at its June 8, 2005, public meeting.
Baxter Meadows PUD Phase I was a residential section located west of Vaquero Parkway on the
north side of Baxter Lane which was given conditional approval November 19, 2001, for a mix of
single-household and multi-household uses. Phase I included the very small “Bungalow” single-
household lots which fronted on the pocket park and had alley access to the garages. Baxter
Meadows PUD Phase 2 was given conditional approval on February 2, 2004, and included both
commercial lots east of Vaquero Parkway and a northern extension of the Phase I residential area.
Baxter Meadows PUD Phase 3 Preliminary Plan was granted condition approval on February 6,
2006, consisting entirely of single household uses on the western quadrant of the PUD. Baxter
Meadows PUD is intended to have approximately 6 major phases.
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 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. See recommended condition #1 and #3.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 3
2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400
feet in width. See recommended condition #2.
3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than
25 feet. See recommended condition #4.
4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to
allow a 55 foot right of way width for local streets. This relaxation was addressed by the
following Engineering condition with the Preliminary Plat - “The minimum right of way width
that would be supported by Engineering under a relaxation request would be 55’ with the
proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate snow
storage and planting area. If this relaxation is approved, the streets shall be privately maintained,
and shown as such on the final plat, as shall any streets that do not meet the City’s design
standards (i.e. roll over curb).”
5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10
feet. See recommended condition #5.
Modifications Requested from City Engineer:
6. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an
intersection with an arterial.
Unnecessary Relaxations:
7. Section 18.40.210. See recommended condition #6.
ZONING DESIGNATION & LAND USES
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: B-2 (Community Business District) – Baxter Meadows remainders.
East: R-3 (Residential Medium Density District) – West Winds PUD.
South: PLI (Public Lands and Institutions) – Regional Park.
West: PLI (Public Lands and Institutions) – Regional Park.
R-3 (Residential Medium Density District) – a portion of Baxter Meadows Phase 4 Minor
- proposed location of YMCA.
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated as “Residential” in the Bozeman 2020 Community Plan.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 4
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 Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan
against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the
Bozeman Municipal Code. The findings outlined in this report include comments and recommended
conditions provided by the Development Review Committee (DRC) and Design Review Board
(DRB).
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.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 5
Objective 2. Support the blending of housing types, sizes, and styles to encourage a wide
variety of housing within each neighborhood in order to encourage a mingling of social
and economic classes.
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.
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 Bozeman Municipal
Code. 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.
a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent
Construction Plan that addresses all aspects of this section to the Planning Department for
DRC review and Planning Director approval before concurrent construction may be
approved.
b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the
standards of Chapter 18.48.
c. 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.
d. Per Section 18.36.060, 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 Department.
e. 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.
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 Baxter Meadows PUD
plan including the land use patterns, circulation, and open space are arranged in an appropriate
manner for a neo-traditional mixed-use development 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,
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 6
the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by
implementing all of the recommendations made in the Traffic Impact Study for Preliminary
Amended Plat of Baxter Meadows Subdivision PUD Phase 4 by Marvin & Associates, dated
February 2007. This is reflected in conditions of approval for the preliminary plat as required by the
City Engineer.
6. Pedestrian and vehicular ingress, egress and circulation.
Pedestrian circulation is provided throughout Phase 4 with sidewalks on all streets and a trail system
through the project. The PUD plan includes interior subdivision streets with access off of Baxter
Lane, Davis Lane and Vaquero Parkway. All lots are provided with vehicular access either from
local streets and/or alleys.
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.
Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the
standards of the 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 open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that
demonstrated in Alternative C. The applicant should consider revising Alternative C to
include seating along the trail system and additional planting to break up the grassed areas
adjacent to Baxter Lane.
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.
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-3
Less than 3:12 32
3:12 or greater but less than 6:12 38
6:12 or greater but less than 9:12 40
Equal to or greater than 9:12 42
10. Setbacks.
Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 7
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.
c. Adjacent to local streets - 15 feet.
2. Rear yard - 20 feet.
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25
feet.
3. Side yard - 5 feet, or 0 feet for interior walls of townhouses.
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 Municipal Code. 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.
Not applicable.
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
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 8
property or cause the development to become nonconforming; or 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. 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 for a neo-traditional mixed-use development includes a
request for numerous deviations from the Municipal Code. Other than the deviations 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.
Baxter Meadows Phase 4 PUD is the southeastern quadrant of a six-phase development. It is
bordered on two sides by major roads. It is designed with open space buffers along all exterior
boundaries. 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. Planning Staff has not recommended any additional conditions addressing
regulation of use.
b. Special yards, spaces and buffers. Planning Staff has recommended the following condition
addressing special landscaped yards and buffers to ensure that the open space buffer areas are
enhanced with landscaping as shown in the application:
The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that
demonstrated in Alternative C. The applicant should consider revising Alternative C to
include seating along the trail system and additional planting to break up the grassed areas
adjacent to Baxter Lane.
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 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.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 9
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 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.
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?
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 10
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? There is no significant mature vegetation (trees and large bushes) on the site due to the agricultural
history of the property. The applicant has approval to altered the location of the watercourse.
(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 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, and the general proximity to the regional park and the new middle school site 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 from the major roads.
(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? Not applicable. All of the park land was provided in previous phases of the Baxter Meadows PUD.
(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. ~ 36 acres
of the project is non-dedicated land, requiring ~ 6 acres of publicly accessible open space. The PUD
plan provides for about 9 acres of 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.
(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.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 11
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?
The 125 single household dwelling units achieve a net density of 6.3 du/ac. The multifamily lot
could achieve a net density anywhere from 8 to ~ 14.5 dwelling units per acre.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies,
etc.) for use by the residents and employees of the project which are sufficient in size and have
adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve?
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 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?
As a neo-traditional mixed-use development, 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 neo-traditional mixed-use development in a 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
pedestrian trails, and by preserving watercourses.
PUBLIC COMMENT
No public comment has been received to date. Any public comments received after the date of this
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 12
report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL 1. Due to topography, the presence of critical lands, access control, and adjacency to open space,
block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet
without a 30 foot right of way with pedestrian walkway.
2. Due to separation of residential development from traffic arterials and to overcome specific
disadvantages of topography and orientation, block widths may be less than 200 feet or more
than 400 feet in width.
3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be
required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and
extending across the spring ditch to intersect with the trail on the west side of the spring ditch.
Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall
be a minimum of 15 feet.
4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD,
street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole
heights at interior street intersections with Vaquero Parkway shall be 20 feet.
5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may
be 10 feet.
6. A community center that is intended for use solely by the residents of this development, and
privately or jointly owned, is an accessory use, and as such would not be subject to Section
18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the
residents of the development on the final plat, final PUD plan and in the covenants. The
community center shall be subject to site plan review in accordance with the BMC.
7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing
those roads as found on the front of the dwellings units, for example; covered porches, varied
roof lines, multiple façade materials, varied façade plane, and decorative lighting. These
architectural requirements shall be addressed and demonstrated in the covenants/development
guidelines.
8. Fences located in the 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.
9. The development guidelines shall include thumbnail sketches to demonstrate architectural
requirements.
10. The owner shall executed and submit documents the following prior to final plan approval:
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 13
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.
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.
11. 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 Municipal Code.
12. 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 Municipal Code.
13. The final site plan shall comply with the standards identified and referenced in the Bozeman
Municipal Code. 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.
14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that
demonstrated in Alternative C. The applicant should consider revising Alternative C to include
seating along the trail system and additional planting to break up the grassed areas adjacent to
Baxter Lane.
CONCLUSION/RECOMMENDATION
The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board
(DRB), and other boards, when appropriate, have reviewed application #Z-07049 a Conditional Use
Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4
Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter
18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the
Planning Staff, the application, with conditions, is found to be in general compliance with the
adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional
approval of said application with relaxations 1 through 5 subject to the 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.
#Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 14
The applicant must comply with all other provisions of the Bozeman Municipal Code, which are
applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit 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 BAXTER MEADOWS PUD
PHASE 4. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE
BOZEMAN MUNICIPAL CODE MAY APPEAL THE DECISION OF THE CITY
COMMISSION.
Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718
Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102