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HomeMy WebLinkAboutBAXTER MEADOWS PHASE 2 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 December 12, 2005 Baxter Meadows Development, LP P.O. Box 81487 Billings, MT 59108 Re: Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, #Z-03276A Dear Jerry, At its December 5, 2005, public hearing, the Bozeman City Commission voted, 3-2, to conditionally approve the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan. Regarding the Modification of the Conditional Use Permit with Relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. 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. Page 2 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. 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. 7. 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. 8. 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. 9. 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. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Unified Development Ordinance. a. 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. b. 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. I have attached the original document for the CUP conditions. If you have any questions or concerns, do not hesitate to contact me, 586-5266, or the Planning Department at 582-2260. Sincerely, Lanette Windemaker, AICP Contract Planner cc: Cadius Partners, P.O. Box 11427, Bozeman, MT 59719 CITY COMMISSION STAFF REPORT #Z-03276A BAXTER MEADOWS PHASE 2 MODIFICATIONS TO PUD Item: Zoning Application #Z-03276A  An application for modification of the Conditional Use Permit with relaxations for the Baxter Meadows Phase 2 Planned Unit Development Preliminary Plan to allow development of ~ 76 acres into a neo-traditional multi-use development with residential and commercial uses. The property, located north of Baxter Lane and both east and west of Vaquero Parkway, is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South ½ of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District) and “B-2” (Community Business District). Owner/Applicant: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Representative: Cadius Partners, P.O. Box 11427, Bozeman, MT 59719. Date/Time: Bozeman City Commission: Monday, December 5, 2005, at 7:00 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 north of Baxter Lane and both east and west of Vaquero Parkway. The ~ 76 acre property is legally described as a portion of Baxter Meadows Subdivision Phases 2C&2D and a portion of Tract 2A, COS 2202A, located in the South ½ of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District) and “B-2” (Community Business District). Please refer to the vicinity map on the following page. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 2 PROPOSAL Application has been made for modification of the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 2 Planned Unit Development (PUD) Preliminary Plan, an ~ 76 acres to be developed as a neo-traditional multi-use development with residential and commercial use. Proposed modification would allow site plans in the commercial area east of Vaquero Boulevard and north of Baxter Lane to request through the CUP process a maximum building height of up to 65 feet for all buildings and roof types. In addition, this proposed modification would allow future subdivisions within Baxter Meadows PUD to count existing lots in Baxter Meadows Subdivision Phases 2C as Restricted Size Lots, subject to several relaxations. Baxter Meadows Phase 2 was given conditional approval on February 2, 2004. The applicant has requested the following relaxations: 1.) Section 18.18.060.B (Building Height) to allow requests through the CUP process to increase the maximum building height in the B-2 (Community Business District) east of Vaquero Boulevard and north of Baxter Lane up to 65 feet for all buildings and roof types. Planning Staff supports this relaxation subject to the following conditions.  Maximum building height in the B-2 (Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review.  Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 3 2.) Section 18.42.180.C to allow Restricted Size Lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; Planning Staff supports the idea that smaller lots sizes help to increase affordability, and supports this relaxation subject to the following conditions:  The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C.  The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3.) Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C, which establishes a maximum floor area ratio of 1:3.3. Planning Staff acknowledges that with the smaller lots sizes more floor area could be constructed in the house for the same cost, and recommends the following conditions:  The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C.  The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. 4.) Section 18.16.030.C to allow affordable housing units to exceed the floor area ratio and to exceed the maximum square footage of 1,515 square feet. The applicant has requested that 30% of these units have a maximum of 1,800 square feet, and the remaining units have a maximum of 1,615 square feet. While Planning Staff could see some justification to exceed the maximum floor area ratio with smaller lots, Planning Staff does not see the justification to exceed the maximum square footage requirement of 1,515 placed on ALL RSLs. Planning Staff does not support this request to exceed the maximum of 1,515 square feet, and recommends the following condition:  The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. ZONING DESIGNATION & LAND USES The subject property is zoned R-3 (Residential Medium Density District) and “B-2,” Community Business District. The following land uses and zoning are adjacent to the subject property: North: “R-3” (Residential Medium Density) – vacant. “B-2” (Community Business) – vacant. South: “PLI” (Public Lands and Institutions) – Regional Park. “R-3” (Residential Medium Density) – residential (Baxter Meadows Phase 1) and vacant. East: “B-2” (Community Business) – vacant. West: “R-S” (Residential Suburban) - residential (Baxter Meadows Phase 1); and “R-1” (Residential Single-Household, Low Density District) – vacant (Baxter Meadows Phase 3). ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 4 ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as “Residential” and “Community Commercial” in the Bozeman 2020 Community Plan. 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. Community Commercial. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the modification of the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 2 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). 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: ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 5 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” and “Community Commercial” 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.  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.  Objective 2. Provide an adequate supply of affordable housing and land for affordable housing. 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. 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. b. 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. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 6 4. Relationship of site plan elements to conditions both on and off the property. Not applicable, with the conditions required in the previous approval of Baxter Meadows Phase 2 PUD, the elements of the 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. Not applicable, the impact of the proposal on the existing and anticipated traffic and parking conditions was addressed with the previous approval of Baxter Meadows Phase 2 PUD. 6. Pedestrian and vehicular ingress, egress and circulation. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 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. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 8. Open space. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 9. Building location and height. Maximum building height through a CUP request in the “B-2” zoning district when located within the “Community Commercial” growth policy land use designation:  49 feet for a roof pitch less than 3:12.  57 feet for a roof pitch 3:12 or greater. Baxter Meadows Phase 2 Modifications to the Preliminary PUD has requested the ability within this area of the PUD to request a building height up to 65 feet for all roof types through a CUP. This relaxation may be supportable subject to the following conditions.  Maximum building height in the B-2 (Community Business District) east of Vaquero Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review.  Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 10. Setbacks. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 7 11. Lighting. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 12. Provisions for utilities, including efficient public services and facilities. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 13. Site surface drainage and storm water control. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 14. Loading and unloading areas. No applicable. 15. Grading. Not applicable, previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 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 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. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 8 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 Unified Development Ordinance. 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 II PUD is an interior phase of a six-phase development. 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 not recommended any additional conditions addressing special landscaped yards and buffers. c. Special fences, solid fences and walls. Planning Staff has not recommended any additional conditions addressing special fences. 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. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 9 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? 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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 10 (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (7) Performance. All PUDs shall earn at least twenty performance points. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. 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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 11 Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (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? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. Commercial Development (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? Not applicable. (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? Not applicable. (3) Is the project on at least two acres of land? The subject property is ~ 76 gross acres. (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 12 pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (5) Is it compatible with and does it reflect the unique character of the surrounding area? The Bozeman 2020 plan has designated this area as “Residential” and “Community Commercial” land use designation. Previously addressed at preliminary approval of Baxter Meadows Phase 2 PUD. (6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Not applicable. (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? This project demonstrates compliance with the land use guidelines of the Bozeman 2020 Plan by advancing the intent of the “Residential” and the “Community Commercial” land use designations as previously discussed. (8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? Not applicable. RECOMMENDED CONDITIONS OF APPROVAL Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB) and other boards, when appropriate, have reviewed the modification of the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 2 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. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 13 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,515 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. 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. 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. 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. 7. 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. 8. 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. 9. 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-03276A for modification of the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 2 Planned Unit Development (PUD) Preliminary Plan to allow development of ~ 76 acres and as a result recommends to the City Commission conditional approval of said application with relaxations #1, #2 and #3 and without relaxation #4 with conditions and code provisions outlined in this staff report. ##Z-03276A Baxter Meadows CUP / PUD Mods Staff Report 14 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 MODIFICATION OF THE CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PHASE 2 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. Attachments: Applicant’s Submittal. CAHAB Recommendations. cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. Cadius Partners, P.O. Box 11427, Bozeman, MT 59719.