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Z13273 Staff Report for the Dixson Multi-household Conditional Use Permit
Date: City Commission Public Hearing March 17, 2014
Project Description: Dixson Preliminary Conditional Use Permit application to allow two
apartment buildings, five dwelling units each, to include residential uses on the ground
floor, which is a conditional use in the B-2, Community Business zoning district on two lots located at the southeast corner of Equestrian Lane and Gallatin Green Boulevard, Application Z13273
Project Location: 2282 and 2286 Gallatin Green Boulevard
Recommendation: Approval with conditions and code provisions
Recommended Motion: Having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z13273 and move to approve the conditional use permit with
conditions and subject to all applicable code provisions.
Report Date: Tuesday, March 11, 2014
Staff Contact: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
Dixson properties and Van Bryan Architects have submitted an application to construct two,
five dwelling unit multi-household apartment buildings at the southeast corner of Equestrian
Lane and Gallatin Green Boulevard. The buildings are two stories tall and include residential
uses on the ground floor, which is a conditional use in the B-2 Community Business District
and requires a public hearing.
The site in question has been planned for residential uses of this type since a January 2006
modification to the Baxter Meadows Planned Unit Development (PUD) Application, Z05264
was approved by the City Commission. The modification to the PUD was directed at the two
subject lots in this application to change the use designation from Live/Work to all
Residential to accommodate a residential condominium or apartment project. The stated intent of the modification was to allow a future applicant to construct residential multi-
household buildings similar to the units previously constructed directly adjacent to the south
so that the future development would be compatible with the existing pattern of development
along the east side of Gallatin Green Drive.
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One written public comment has been received to date not in support of the application.
Concerns cited include parking, density, and preference for a business or park at the site.
Staff response is provided in the staff analysis in Section 5.
The Development Review Committee at their February 26, 2014 meeting voted unanimously to recommend approval of the application with the conditions and code provisions identified
in this report.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 5 - STAFF ANALYSIS......................................................................................... 11
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 14
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 16
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 19
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 20
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses
North: Vacant; zoned B-2 Community Business District
South: Multi-household Residential; zoned B-2 Community Business District
East: Single household detached; zoned R-3 Medium Density Residential District
West: Public Park, and Commercial Uses; zoned B-2 Community Business District
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Proposed Site Plan
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. The applicant shall submit a written narrative outlining how each of the conditions of approval and code provisions has been satisfied with the final plan application.
2. The applicant shall either aggregate the underlying lots through the applicable
subdivision review process or record reciprocal and perpetual easements or other
agreements to which the City is a party on both properties so that the sale of individual
lots will not cause one or more elements of the development to become nonconforming.
3. Any water/sewer service line not utilized by this development shall be abandoned.
4. The location of the water and sewer service lines shall be coordinated with the
water/sewer superintendent. The services shall be installed in standard locations and
alignments.
5. The locations of the public utilities and service lines shown on the engineering drawings shall match those shown on the architectural drawings.
6. The pedestrian ramp at the northwest corner of this development shall be upgraded to
meet the current ADA standards.
7. Any existing utility easements that will not be utilized with this development shall be
released and reconveyed to match the proposed layout.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. Section 38.23.150.D.7.a BMC requires that all outdoor lighting, whether or not required by this section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to
create a nuisance by projecting or reflecting objectionable light onto a neighboring use or
property. No photometric lighting information was submitted with the preliminary plan.
These details are required with the final plan application.
B. Section 38.23.150.D.7.b BMC requires that all outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest
point of the light emitting element, so that direct light emitted above the horizontal plane is
eliminated. No photometric lighting information was submitted with the preliminary plan.
These details are required with the final plan application.
C. Section 38.23.170 BMC discusses trash enclosures. Temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household
dwellings, duplexes, individually owned town house or condo units, in every zoning district,
except where a property is entirely surrounded by screen walls or buildings unless alternative
provisions are made to keep trash containers inside the garage in which case an explanation of how trash is dealt with shall be provided in the written narrative accompanying your final site plan. The size of the trash receptacle shall be appropriately sized for the use and
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approved by the City Sanitation Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved trash enclosure. A copy of
the site plan, indicating the location of the trash enclosure, dimensions of the receptacle and
enclosure and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 582-3238) prior to site plan approval. (e.g. written approval
from local waste services for the removal of solid waste and/or provisions for screening of
collection areas shall be provided with the final site plan). Final approval of the trash
storage areas is required by the Sanitation Superintendent prior to final plan approval.
D. Section 38.27.020.A.1 BMC requires .03 acres of parkland per dwelling unit up to a net residential density of 12 dwelling units per acre. The area required by this subsection shall be
provided. The required area or its equivalent may be provided by any combination of land
dedication, cash donation in-lieu of land dedication, or an alternative authorized by section
38.27.100, subject to the standards of this chapter. For subsequent development when net
residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows. For development within other zoning
districts not previously specified and developed for residential uses for the additional net
residential density not to exceed a total, including prior dedications, of 12 dwellings per acre
shall be provided as cash-in-lieu. It is unknown at this time if parkland has been dedicated
for residential uses on these lots. This shall be resolved with the final plan.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Dixson Multi-household Conditional Use Permit
File: Z13273
The Development Review Committee (DRC) considered the conditional use permit application
on February 12 and 19, 2014 and completed the review with a recommendation of conditional approval on February 26, 2014.
The City Commission is scheduled to hold a public hearing and review the application at their
March 17, 2014 meeting.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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 considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed site plan as conditioned is in general compliance with this criterion. See also
Appendix B.
2. Conformance to this chapter, including the cessation of any current violations
The project is generally conforming to the standards as presented and will comply fully with
identified conditions and code requirements. See also Section 3 of this report above for a
listing of specific points which need to be addressed to achieve full compliance.
3. Conformance with all other applicable laws, ordinances, and regulations
No non-conformities are identified. Some additional steps are required to demonstrate
compliance as the project moves forward. Applications for final plan(s), building permits,
storm water permits, and State permits for access will be made in due time. All permits must
be in hand before construction will be approved. Appendix A has advisory information to
help ensure these are not forgotten.
4. Relationship of site plan elements to conditions both on and off the property
Building placement and other site plan elements depicted on the submitted plans appear to be
reasonably related to adjacent and on-site conditions. The buildings are compatible with and
sensitive to the immediate environment of the site and the adjacent neighborhoods and other
approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, orientation of buildings on the site and visual
integration. The design and arrangement of the elements of the plan (e.g., building, access,
circulation, outdoor spaces, and landscaping, etc.) are such that activities are integrated with
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the organizational scheme of the community, neighborhood, and other approved development
and they produce an efficient, functionally organized and cohesive development.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
An updated traffic analysis was not required by the Engineering Division for this project due
to the nature of the proposed uses. Parking is being provided in accordance with regulations.
6. Pedestrian and vehicular ingress and egress
The proposed vehicular accesses conform to access spacing and other applicable standards.
A through circulation drive access is provided to individual driveways. Pedestrian access is provided to the units along Equestrian lane via individual concrete walkways to units from
the boulevard sidewalk. Pedestrian access to the southernmost units is provided by a concrete
pedestrian walk along the south property line in an existing easement. Individual connections
are provided to the rear of the units, while the common walkway connects to the sidewalk
along Gallatin Green Boulevard and the asphalt pathway in the linear park corridor to the east. Perimeter sidewalks are proposed to be constructed as boulevard sidewalks in
accordance with standards.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or
replacement of natural vegetation
The proposed landscaping meets the minimum landscaping performance points and
mandatory landscape standards.
8. Open space
Residential private open space is provided through private patios, balconies, and a hardscape
plaza area next to the trail. It is unknown if parkland was dedication via the final plat for Baxter Meadows to account for residential uses on this B-2 zoned site. Staff has cited a code
provision requiring correction to resolve this issue with final plan review. If parkland is
required staff anticipates the applicant would seek the use of cash in lieu of parkland
provisions and return to the Commission with that request prior to final plan approval.
9. Building location and height
The buildings are proposed to be placed appropriately at the minimum building setback lines.
The proposed height of the buildings complies with the overall district restrictions of a
maximum of 44 feet.
10. Setbacks
The proposal complies with all applicable setbacks. Special setbacks for the lots were designated on the Final Plat of the Baxter Meadows Phase 1.
11. Lighting
No lighting details were provided with the application. Lighting details shall be provided
with the final plan application/materials. Staff has cited code provisions that apply to these
criteria.
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12. Provisions for utilities, including efficient public services and facilities
Extensions of water and sewer infrastructure are required with this project. Connection of the
proposed building to existing mains will follow standard procedures and requirements. Any
existing utility easements that will not be utilized with this development shall be released and reconveyed to match the proposed layout. Conditions 3, 4, 5, and 7 apply to these criteria.
13. Site surface drainage
The site drains to the existing perimeter streets and to the subdivision stormwater control
system. The City Engineering Department has reviewed the surface drainage and stormwater
provisions for the project. Onsite stormwater infrastructure improvements are not required. A final grading and drainage plan is required with the final plan application. Follow up
stormwater permitting is required.
14. Loading and unloading areas
No designated loading zone is provided or required for the proposed uses.
15. Grading
Due to the relative flat nature of this property, substantial grading is not proposed with the
project.
16. Signage
No sign details were submitted as part of this submittal. This item is addressed under the
advisory code citations. A formal sign permit is required before any sign installation.
17. Screening
Any mechanical equipment not shown on the preliminary plan materials that may be
proposed later must be screened per the municipal code. This item is addressed under the
advisory code provisions.
18. Overlay district provisions
Not applicable. The site is not located within an overlay district.
19. Other related matters, including relevant comment from affected parties
One public comment has been received at this time. Concerns cited include parking, density,
and preference for a business or park at the site. These lots have been planned for residential
uses of this type and at the densities proposed. The Baxter Meadows Planned Unit Development expressly noted residential uses for these lots. The project exceeds parking
requirements and has additional on street parking locations for guests, deliveries, and service
vehicles.
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20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
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
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.
This site is on two lots. The underlying lots shall be aggregated through the applicable
subdivision review process or easements or other agreements to which the City is a party
shall be provided to prevent the sale of one of the lots to cause one or more elements of the
development to be nonconforming. Condition 2 applies to this issue.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
The project is proposed in two phases. The building along Equestrian Lane is proposed to be
constructed first. The final plan approval is valid for not more than two years.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine 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;
The site is adequate in size and topography to accommodate the use and the project relates to
the other land and uses in the vicinity. Staff incorporates the plan review findings presented
above in Section 38.19.100 as supporting evidence.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof;
Staff has not identified any hazards to the public health and safety and finds that the
application generally complies with the Unified Development Code as conditioned.
One public comment has been received at this time. Concerns cited include parking, density, and preference for a business or park at the site. These lots have been planned for residential
uses of this type and at the densities proposed. The Baxter Meadows Planned Unit
Development expressly noted residential uses for these lots. The project exceeds parking
requirements and has additional on street parking locations for guests, deliveries, and service
vehicles.
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Any additional public comment received after the completion of the Commission packets
will be distributed to the Commission members at the public hearing.
Following review of the proposed application with the inclusion of the recommended
conditions and correction of the identified code provisions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the
public hearing proves otherwise.
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;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended conditions of approval and findings within this report.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. 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; and
2. That all of the 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
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office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. Items b and c of the advisory code provisions apply to this issue. A document to be recorded will be provided by the City
following preliminary approval.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final plan application or other process
step.
a. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions
running with the land, shall be binding upon the owner of the land, his successors or assigns,
shall be consented to in writing by the applicant prior to commencement of the use and shall
be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall
apply and be adhered to by the owner of the land, successor or assigns.
b. Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of
no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for
a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site
plan approval in Section 38.19.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the
same as at the time of the original approval. A denial of renewal by the Planning Director
may not be appealed. If the Planning Director determines that the conditional use permit may
be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should there be
a failure to maintain compliance the City may revoke the approval through the procedures
outlined in Section 38.34.160, BMC.
c. Section 38.19.120 BMC requires the applicant to submit a final plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be
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reviewed and approved by the Department of Community Development. The director will set
the required number of copies.
d. Section 38.19.120 BMC requires that the final plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility
rights-of-way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water; and (5) Sewer (sanitary, treated effluent and storm)..
e. Section 38.19.120.D BMC states that the project must be completed within one year of final
approval, or said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Community Development
Director.
f. Section 38.19.160 BMC states that a Building Permit must be obtained prior to the work, and
must be obtained within one year of final plan approval. Building Permits will not be issued until the final plan is approved.
g. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and ground
mounted equipment shall be screened with walls, fencing or plant materials. The final plan
shall contain a notation that “No ground mounted mechanical equipment, including, but not
limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall
and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated
into the roof form or screened in an approved rooftop enclosure.”
h. Section 38.39.030 BMC requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvements including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in
accordance with the approved site plan, plans and specifications.
i. Plans and Specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record
drawings.
j. Section 38.41.080.2.g.9 BMC requires a grading and drainage plan, including provisions for
on-site retention/detention and water quality improvements facilities as required by the
engineering department, or in compliance with any adopted storm drainage ordinance or best
management practices manual adopted by the city. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details), storm
water discharge destination, and a storm water maintenance plan.
A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form, the appropriate fee, and a Storm Water Management Plan in compliance with the City
of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any
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other storm water permitting required from the State of Montana. A State of Montana Storm
Water Pollution Prevention Plan (SWPPP) may be submitted instead of a City of Bozeman
SMP, however the City of Bozeman fees still must be submitted. All necessary City of
Bozeman forms and permits can be found on the City’s website at www.bozeman.net.
k. Section 38.41.080.g.7 BMC requires sewer and water services shall be shown on the final plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant.
l. Section 34.04.010 BMC requires City standard sidewalk to be installed and properly depicted
at the standard location (i.e. 1 foot off property line) along the street(s) frontage. Any
deviation to the standard alignment or location must be approved by the City Engineer.
m. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office).
n. Section 38.24.100 BMC outlines the requirements for drive approach and public street intersection sight triangles. All sight triangles shall be free of obstructions, including
plantings which at mature growth will obscure vision within the sight triangle.
o. Section 38.41.080.g.11 BMC requires the drive approach to be constructed in accordance
with the City’s standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and
shown as such on the final site plan.
p. All trees must be at least 10 feet from any public utilities or service lines. All public utilities and services lines must be shown on the Final Landscaping plan.
q. Section 38.41.020 BMC outlines additional permits that may be required beyond what is administered by the City. The Montana Fish, Wildlife & Parks, Natural Resources
Conservation Services, Montana Department of Environmental Quality, and Army Corps of
Engineer's shall be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval.
r. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.41.080.A.1.d BMC. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure
that the construction traffic follows the approved routes.
s. All construction activities shall comply with section 38.39.020.A.2 BMC. This shall include
routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be
responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
t. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in
accordance with section 38.23.180 BMC.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-2” (Community
Commercial District). The intent of the B-2 community business district is “to provide for a
broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation: Residential Emphasis Mixed Use: The Residential Mixed-Use land use designation category promotes neighborhoods with supporting services that
are substantially dominated by housing. A diversity of residential housing types should be built
on the majority of any area within this category. Housing choice for a variety of households is
desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses. Variation in building massing, height, and other design characteristics
should contribute to a complete and interesting streetscape and may be larger than in the
Residential category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation as needed in
larger structures. Standalone, large, non-residential uses are discouraged. Non-residential spaces
should provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces.
This category is implemented at different scales. The details of implementing standards will vary with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is
expected. Any development within this category should have a well integrated transportation and
open space network which encourages pedestrian activity and provides ready access within and to adjacent development.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A Preliminary Conditional Use Permit application to allow two apartment buildings, five
dwelling units each, to include residential uses on the ground floor, which is a conditional
use in the B-2, Community Business zoning district on two lots located at the southeast
corner of Equestrian Lane and Gallatin Green Boulevard.
The site in question has been planned for residential uses of this type since a January 2006 modification to the Baxter Meadows Planned Unit Development (PUD) Application, Z05264
was approved by the City Commission. The modification to the PUD was directed at the two
subject lots in this application to change the use designation from Live/Work to all Residential to
accommodate a residential condominium or apartment project. The stated intent of the modification was to allow a future applicant to construct residential multi-household buildings similar to the units previously constructed directly adjacent to the south so that the future
development would be compatible with the existing pattern of development along the east side of
Gallatin Green Drive.
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Z13273, Staff Report Dixson Multi-household CUP Page 20 of 20
APPENDIX D – NOTICING AND PUBLIC COMMENT
Noticing was provided at least 15 and not more than 45 days prior to the expected decision by
the City Commission. One public comment has been received at this time. Concerns cited
include parking, density, and preference for a business or park at the site. These lots have been
planned for residential uses of this type and at the densities proposed. The Baxter Meadows Planned Unit Development expressly noted residential uses for these lots. The project exceeds parking requirements and has additional on street parking locations for guests, deliveries, and
service vehicles.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Dixson Properties PO Box 6099 Bozeman, MT 59771
Representative Van Bryan Studio Architects 21 W. Babcock Street Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager; Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Public comment letter received March 5, 2014
Applicant’s submittal materials
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