HomeMy WebLinkAboutH5 • Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Baxter Meadows Phase 6 PUD CUP with Relaxations,#Z-06036
MEETING DATE: Monday, May 15, 2006
BACKGROUND: An application to develop — 11 acres into — 49 single household and 3 multi-
household lots for residential use within a neo-traditional development, on property legally
described as a portion of Tract 2A in COS 2202A, located in the SE 1/4 of Section 34, T1 S, R5E,
PMM, City of Bozeman, Gallatin County, Montana. The applicant has requested the following
PUD relaxations:
1.) Section 18.16.030, Lot Coverage; to allow a maximum lot coverage of not more than 52%
of the lot area for Bungalow Lots, and not more than 55%of the lot area for Village Lots.
2.) Section 18.16.030.C, Lot Coverage and Floor Area (RSLs); to allow affordable housing
units to exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575
square feet.
3.) Section 18.16.040, Lot Area; to allow Bungalow Lots to have a minimum lot area of 2,432
square feet and Village Lots to have a minimum lot area of 4,800 square feet.
4.) Section 18.16.040, Lot Width; to allow lots for single-household dwellings to have a
minimum lot width of 40 feet.
5.) Section 18.16.050, Yards; to allow a minimum front yard of 10', and to allow a minimum
rear yard of 5' or 2'.
6.) Section 18.42.040.D.1, Rights-of-Way for Pedestrians; to allow the yards adjacent to
pedestrian walks to be treated as side yards.
7.) Section 18.42.060.B.2.b, Rear Yard Utility Easements; to allow the rear yard utility
easements to be 5' or 0' when adjacent to a public alley.
8.) Section 18.42.120, Mail Delivery; to allow the provision of an off-street area for snail
delivery outside of the subdivision but within the Baxter Meadows PUD.
9.) Section 18.42.180.C, Number of Restricted Size Lots Required; to allow the provision of a
minimum of 7.5 percent of the buildable net acreage dedicated to Restricted Size Lots
(RSLs) and to allow a RSL to be smaller than 5,000 square feet for single household
detached dwellings.
10.)Section 18.42.180.1), Restrictions on Building Size; to allow dwellings constructed on RSLa
to not be subject to the size restrictions of Section 18.16.030.B.1.
11.)Section 18.50.060, Frontage; to allow park land to have frontage along 33 percent of the
perimeter and to not provide the additional land area in the park to accommodate the off-
street parking which would have been provided by the additional length of perimeter streets.
UNRESOLVED ISSUES: Compliance with 2020 Plan— The continuing expansion of residential
uses within the Community Commercial area with limited commercial uses calls into question the
compliance with the Bozeman 2020 Community Plan. The residential component described in the
Bozeman 2020 Community Plan is intended to be located on second or subsequent floors above the
commercial components. Staff required the following condition:
Report Compiled on May 9,2006
#7. The final PUD plan shall ensure that a majority of the Community Commercial
designated area is developed in compliance with the dominant commercial uses described in
the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition
include establishment of a required commercial land use FAR that is 2 or 3 times greater
than the typical FAR of .25 or .3:1 (i.e. 1:1) on equal square footage east of Vacquero
Parkway in exchange for the ability to develop Block 14 in ground floor residential uses, or
amend the Bozeman 2020 Community Plan with a corresponding zone map amendment.
Commercial land uses means those uses indicated as"Principal Uses"within the B-2 zone.
RECOMMENDATION: The City Commission approves application #Z-06036 with relaxations
#1 through#5, and#7 through#11, and with the conditions of approval outlined in the staff report.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Staff Report.
Applicant's Submittal Materials.
Report Compiled on May 9,2006
CITY COMMISSION STAFF REPORT
BAXTER MEADOWS PUD PHASE 6 PRELIMINARY PLAN #Z-06036
Item: Zoning Application #Z-06036 — Conditional Use Permit (CUP) for
Planned Unit Development (PUD) with relaxations for the Baxter
Meadows Phase 6 Preliminary Plan to allow a neo-traditional multi-use
development with residential use. The property,located northeast of the
intersection of Ferguson Avenue and Galloway Street, is legally
described a portion of Tract 2A in COS 2202A, located in the SE %4 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: PC Development,3985 Valley Commons Drive, Bozeman, NIT 59718.
Date/Time: Before the City Commission on Monday, May 15, 2006 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 located northeast of the intersection of Ferguson Avenue and Galloway Street.The
11 acre property is legally described a portion of Tract 2A in COS 2202A, located in the SE '/4 of
Section 34,Tl S,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.
Subject H,
Property R- B-P
R-3
PROPOSAL
Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter
Meadows Phase 6 Planned Unit Development (PUD) Preliminary Plan, the — 11 acres to be
developed as a neo-traditional multi-use development with residential use. This proposal would
allow — 49 single household lots, 3 multi-household lots, park land and open space areas. The
subdivision would have access from Ferguson Avenue, Gallatin Green, and internal streets.
Baxter Meadows PUD Phase 3 was given conditional approval on February 6, 2006. Phase 2 was
given conditional approval on February 2, 2004. Baxter Meadows PUD Phase 1 is the residential
section in the center located west of Vacquero Parkway which was given conditional approval in
2002 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 Phase 2 included the northern extension of the Phase 1 residential area.
This application for Phase 6 is a continuation of the Phase 1 area.
The intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and
innovation in the development of land and the design of development projects within the city. The
applicant is proposing relaxations from the city's standards through the Planned Unit
Development process and therefore must demonstrate a plan that will produce an
environment, landscape quality and character superior to that produced under the existing
standards. The applicant has requested the following relaxations:
1.) Section 18.16.030,Lot Coverage;to allow a maximum lot coverage of not more than 52%of the
lot area for Bungalow Lots, and not more than 55% of the lot area for Village Lots. This
relaxation was approved in the previous two phases to the south and the following condition is
recommended:
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 2
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
2.) Section 18.16.030.C,Lot Coverage and Floor Area(RSLs);to allow affordable housing units to
exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575 square feet.
CAHAB recommends the following conditions.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
3.) Section 18.16.040, Lot Area; to allow Bungalow Lots to have a minimum lot area of 2,432
square feet and Village Lots to have a minimum lot area of 4,800 square feet. This relaxation
was approved in the previous two phases to the south and the following condition is
recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
4.) Section 18.16.040,Lot Width;to allow lots for single-household dwellings to have a minimum
lot width of 40 feet. This relaxation was approved in the previous two phases to the south and
the following condition is recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
5.) Section 18.16.050, Yards;to allow a minimum front yard of 10', and to allow a minimum rear
yard of 5' or 2'. This relaxation was approved in the previous two phases to the south and the
following condition is recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
6.) Section 18.42.040.D.1,Rights-of-Way for Pedestrians;to allow the yards adjacent to pedestrian
walks to be treated as side yards. Planning Staff does not support this relaxation and
recommends the following conditions:
• The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
• Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
7.) Section 18.42.060.B.2.b,Rear Yard Utility Easements;to allow the rear yard utility easements to
be 5' or 0' when adjacent to a public alley. This relaxation was approved in the previous two
phases to the south and the following condition is recommended:
• The Final Plat shall include a table listing specific easements on each lot.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 3
8.) Section 18.42.120, Mail Delivery; to allow the provision of an off-street area for mail delivery
outside of the subdivision but within the Baxter Meadows PUD. This relaxation was approved
in the previous two phases to the south, and there is currently a mailbox center located within
the Trakker Building.
9.) Section 18.42.180.C, Number of Restricted Size Lots Required; to allow the provision of a
minimum of 7.5 percent of the buildable net acreage dedicated to Restricted Size Lots(RSLs)
and to allow a RSL to be smaller than 5,000 square feet for single household detached dwellings.
CAHAB recommends the following conditions:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
10.) Section 18.42.180.13,Restrictions on Building Size;to allow dwellings constructed on RSLs
to not be subject to the size restrictions of Section 18.16.030.B.1. CAHAB recommends the
following conditions:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
11.) Section 18.50.060, Frontage; to allow park land to have frontage along 33 percent of the
perimeter and to not provide the additional land area in the park to accommodate the off-street
parking which would have been provided by the additional length of perimeter streets.Planning
Staff recommends the following condition:
• Additional park land shall be provided in the amount calculated at 5,768 square feet (lot
frontage (—412 feet)x 14 feet(parking on both sides of road) =— 5,768 square feet, if the
frontage of the park changes, this number will be recalculated). It is preferable to see the
difference made up by expanding the East West PPW between Ferguson and Milkhouse to a
30' wide dedicated trail corridor.
• Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-3 (Residential Medium Density District) and B-2 (Community
Business 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 intent of the B-
2, Community Business District, is to provide for a broad range of mutually supportive retail and
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 4
service functions located in clustered areas bordered on one or more sides by limited access arterial
streets. The following land uses and zoning are adjacent to the subject property:
North: R-3(Residential Medium Density District)and B-2(Community Business District)—Baxter
Meadows; unsubdivided.
East: B-2 (Community Business District)—Baxter Meadows Phase 213; Vida Urbana.
South: R-3(Residential Medium Density District)and B-2(Community Business District)—Baxter
Meadows Phases 2D; dwelling units.
West: R-3 (Residential Medium Density District)—Baxter Meadows Phases 2C; dwelling units.
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.
The R-3 (Residential Medium Density District) zoning designation is consistent with the
"Residential"land use designation of the property. The B-2(Community Business District)zoning
4Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 5
designation is consistent with the"Community Commercial"land use designation of the property.
However,the continuing expansion of residential uses within the Community Commercial area with
limited commercial uses calls into question the compliance with the Bozeman 2020 Community
Plan. The residential component described in the Bozeman 2020 Community Plan is intended to be
located on second or subsequent floors above the commercial components. The appropriate method
of addressing compliance of the land use with the Bozeman 2020 Community Plan is through the
final PUD plan. At that time, the final PUD plan will be required to ensure that a majority of the
Community Commercial designated area is developed in compliance with the dominant commercial
uses described in the Bozeman 2020 Community Plan.
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 6 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:
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 residential goals related to the Bozeman 2020
Community Plan include the following:
The development proposal does NOT appear to be in conformance with the "Community
Commercial" land use designation in the Bozeman 2020 Community Plan. The continuing
expansion of residential uses within the Community Commercial area with very limited commercial
uses calls into question the compliance with the Bozeman 2020 Community Plan. The residential
component described in the Bozeman 2020 Community Plan is intended to be located on second or
subsequent floors above the commercial components. The appropriate method of addressing
compliance of the land use with the Bozeman 2020 Community Plan is through the final PUD plan.
At that time, the final PUD plan will be required to ensure that a majority of the Community
Commercial designated area is developed in compliance with the dominant commercial uses
described in the Bozeman 2020 Community Plan.
Specific goals related to the Bozeman 2020 Community Plan include the following:
4Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 6
• 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.
➢ Objective 5. Achieve an environment through urban design that creates,maintains, and
enhances the City's industrial, commercial, and institutional areas.
• Goal 4.9.2 Neighborhood Design—New neighborhoods shall be pedestrian-oriented,
contain a variety of housing types and densities,contain parks and other public
spaces, and have a commercial center and defined boundaries.
➢ Objective 5. A Neighborhood Commercial Center will provide uses to meet consumer
demands from surrounding Residential Districts for everyday goods and services, and
will be a pedestrian oriented place that serves as a focal point for the surrounding
neighborhoods.
• 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 1.Encourage and support the construction of a broad range of housing types in
proximity to services and transportation options.
➢ Objective 2. Provide an adequate supply of affordable housing and land for affordable
housing.
➢ Objective 4.Promote the construction of a wide variety of housing types to meet the wide
range of residential needs of Bozeman residents.
2. Conformance to this title, including the cessation of any current violations.
The final plan shall comply with the standards identified and referenced in the Unified Development
Ordinance.
a. Per Section 18.18.020,Ground floor residential units on Block 14 will be required to get a CUP
approval prior to obtaining a building permit.
b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance
points. A table showing the computed PUD open space shall be included on the final plan.
c. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the
standards of these landscaping regulations.
d. The applicant must submit seven(7)copies a Final PUD Plan within one(1)year of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 7
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.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws,ordinances and regulations.
Staff has found the application in general compliance with all other applicable law,ordinances,and
regulations, and the applicant is required to provide copies of all applicable permits prior to Final
Site Plan approval.
4. Relationship of site plan elements to conditions both on and off the property.
With the conditions outlined by the DRC and the DRB,the elements of the 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,
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 PUD Phase 6 by Marvin&Associates,dated February 2006.This
is reflected in conditions of approval for the preliminary plat as required by the City Engineer,which
included improvements to appropriate street and intersections.
6. Pedestrian and vehicular ingress, egress and circulation.
Pedestrian circulation is provided throughout Phase 6 with sidewalks on all streets and an east to
west trail connection. The PUD plan includes interior subdivision streets with access off of
Ferguson Avenue and Gallatin Green. 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.
Due to the PUD design and relaxations,the applicant shall be required to fully develop the park. Per
Section 18.48.020,planned unit development landscaping plans shall meet or exceed the standards of
these landscaping regulations.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 8
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 B-2
Less than 3:12 32 38
3:12 or greater but less than 6:12 38 44
6:12 or greater but less than 9:12 40 44
Equal to or greater than 9:12 42 44
10. Setbacks.
Minimum yards required for the R-1, R-2, R-3,R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy- 25 feet
b. Adjacent to collector streets as designated in the Bozeman growth policy-20 feet
c. Adjacent to local streets - 15 feet
2. Rear yard- 20 feet
3. Side yard - 5 feet
Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
Front yard—7 feet, except along arterials where minimum is 25 feet
Rear yard— 10 feet
Side yards—5 feet (except zero lot lines as allowed by §18.38.060, BMQ
2. Parking and loading areas:
Front yard—25 feet
Rear yard— 10 feet
Side yards—8 feet
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.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 9
12. Provisions for utilities, including efficient public services and facilities.
The project will need to provide utilities in accordance with the Bozeman Unified Development
Ordinance. The design reports for utilities have been submitted to the Engineering Department for
review.
13. Site surface drainage and storm water control.
Storm water detention areas have been shown in 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
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-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 10
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 relaxations from the Unified Development Ordinance. Other than the
relaxations noted above and the conditions recommended for approval,the site is generally adequate
in size and topography to accommodate the potential uses and related site improvements.
2. That the proposed use will have no material adverse effect upon the abutting property.
Baxter Meadows Phase 6 PUD is the central quadrant of a phased development. It is bordered on the
west side by Ferguson Avenue and on the east side by the linear park. It is a continuation of the
development to the south and will be continued to the north in a later phase. 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. Since the proposed land uses do NOT appear to be in conformance with the
"Community Commercial" land use designation in the Bozeman 2020 Community Plan.
Planning Staff has recommended the following condition addressing regulation of use:
#7. The final PUD plan shall ensure that a majority of the Community Commercial
designated area is developed in compliance with the dominant commercial uses described in
the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition
include establishment of a required commercial land use FAR that is 2 or 3 times greater than
the typical FAR of.25 or.3:1 (i.e. 1:1)on equal square footage east of Vacquero Parkway in
exchange for the ability to develop Block 14 in ground floor residential uses, or amend the
Bozeman 2020 Community Plan with a corresponding zone map amendment. Commercial
land uses means those uses indicated as"Principal Uses"within the B-2 zone
b. Special yards, spaces and buffers. Based on the PUD Concept Plan, Planning Staff has
recommended the following condition addressing special yards, spaces and buffers.
#2. The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
#10. Due to the PUD design and relaxations,the applicant shall be required to fully develop
the park.
4Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 11
c. Special fences,solid fences and walls. Planning Staff has recommended the following condition
addressing special fences adjacent to open space and parks:
#9. Fences located in the front,side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum height of 4 feet, and shall be of an open
construction. This requirement shall be addressed and demonstrated in the
covenants/development guidelines
d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions
addressing surfacing of parking areas.
e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All
public streets and alleys will be dedicated and improved.
f. Regulation of points of vehicular ingress and egress. Planning Staff has recommended a plat
condition restricting access on Ferguson Avenue.
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.
1. 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.
4Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 12
Chapter 18.36 "Planned Unit Development Design Obiectives 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?
There is no significant mature vegetation(trees and large bushes)on the site in question due to the
agricultural history of the property. Any natural vegetation along the watercourse is protected within
the watercourse setback and the linear park/open space.
(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 blind
sides,use easements and off-set windows.
(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?
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 13
For 49 single-household lots, 1.47 acres of park land is required to be dedicated to the City of
Bozeman. For the B-2 lots,if the subdivider indicates that the net residential density of development
is unknown,then the equivalent to an area dedication for six dwellings per net acre shall be provided
as cash-in-lieu,and the number of dwelling units per lot for which cash-in-lieu has been paid shall be
designated on the plat. Due to the PUD design and relaxation,the applicant shall be required to fully
develop the park.
The Preliminary Park Plan depicts a park with benches, a sidewalk system, and trees. The
Recreation and Parks Advisory Board Subdivision Review Commission and the Park and Recreation
Superintendent have reviewed the park plan and suggested that the following recommendations,
conditions,changes or additions be made to the Park Plan prior to submittal for review and approval
by the City Commission, with a recommendation from the Recreation and Parks Advisory Board:
• Sewer service is to be removed from the Park and the concrete"road"for servicing the
sewer is to be removed from the plan.
• The Park should be fully developed, including a playground, due the demographics of the
area and the lack of play structures available.
• Any barriers, such as fences, hedges, etc., on private property adjacent to the park
boundary shall have a minimum setback of 6 feet from the edge of the park sidewalk to
provide a maintainable area.
• Curb cuts shall be provided at all street/trail connections.
• All sidewalks adjacent to park land shall be constructed to a 6 foot width.
• Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33% street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,768 square feet(lot frontage(-
412 feet)x 14 feet(parking on both sides of road)_—5,768 square feet,if the frontage of the
park changes,this number will be recalculated)plus the cost of construction. It is preferable
to see the difference made up by expanding the East West PPW between Ferguson and
Milkhouse to a 30' wide dedicated trail corridor.
• Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
• A master plan, including a maintenance plan, shall be completed and submitted to the
City Parks Division for review and approval.
• The developer shall be responsible for the development the park and trails,to include at a
minimum for park development, grading, 10 inches of amended soil, irrigation system
with water source, seeding and landscaping.
• Preconstruction meetings shall be held prior to all work to be done on park or trails.
• All materials and construction shall meet standards set by the City Parks Division.
• Cash in lieu shall be based on requirements in Section 18.50.030.
• Trails—As the Baxter Meadows development borders both the regional park and school
district property, and the Public Pedestrian Walkway(PPW) provides the only East-West
off road pedestrian connection between the Greenway Open Space and Ferguson Ave., its
design should receive special attention.
o The offsets that occur in the PPW at Gallatin Green Blvd. and at the 20' alley
should be eliminated to provide improved continuity.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 14
o The mid-block crossing at Ferguson Avenue shall have a painted pedestrian
crossing with crossing and advanced crossing signs at either end.
o A 30' trail easement for the East-West PPW would create a much safer,more
attractive, and user-friendly pedestrian passage.
• The subdivider should address maintenance of the public pedestrian walkways in Block
16 which show 6' sidewalks in a 10 or 12' easement with 2 or 3' lawn buffers on either
side. At this width,the buffers cannot be easily maintained. Either a larger buffer(6')
minimum is recommended, or covenants requiring a 6' setback from the sidewalk for any
barriers, such as fences, hedges.
Frontage: The applicant is requesting consideration and approval of the installation of streets along
less than 100 percent of the perimeter of the park per Section 18.50.060 (Frontage). The park
area has—220 feet of street frontage,which is—3 5%of the park perimeter.The Recreation and
Park Advisory Board Subdivision Review Commission has recommended the following
condition:
• Per Section 18.50.060, the subdivider shall provide the additional park land in the amount
calculated at 5,768 square feet(lot frontage(—412 feet)x 14 feet(parking on both sides of
road) _ — 5,768 square feet, if the frontage of the park changes, this number will be
recalculated).It is preferable to see the difference made up by expanding the East West PPW
between Ferguson and Milkhouse to a 30' wide dedicated trail corridor.
• Per Section 18.50.060,the subdivider shall either develop the parking area or in lieu of the
constructed parking area,an equivalent dollar value of non-parking improvements within the
park are provided according to the individual park plan.
(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. 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.
Residential
(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?
4Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 15
With 49 dwelling units,the residentially zoned portion of this subdivision has a net density of— 11
du/ac. This is consistent with the average minimum density of six units per net acre set forth in the
"Residential" land use guidelines of the Bozeman 2020 Plan.
(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 benches and sidewalk/trail system,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 largely rural but developing area.
However,the Bozeman 2020 plan has designated this area for"Residential"land use. Therefore,this
project promotes the rural character of the adjacent neighborhood by allowing and promoting
pedestrian trails, and by preserving watercourses.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 16
Commercial
(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— 11 gross acres, of which the commercial area is 2.44 net 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, pedestrian and vehicular circulation,architectural design, utilization of common open
space and facilities, etc.?
Not applicable.
(5) Is it compatible with and does it reflect the unique character of the surrounding area?
This commercial area is intended as a buffer between the medium density residential area to the west
and the commercial area to the east. Due to it's location on the west side of linear park, the
commercial area should include limited commercial and multi-family uses.
(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?
The will be addressed at individual site plan review.
(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 does NOT demonstrates compliance with the land use guidelines of the Bozeman 2020
Plan by advancing the intent of the "Community Commercial" land use designations. The
continuing expansion of residential uses within the Community Commercial area with very limited
commercial uses calls into question the compliance with the Bozeman 2020 Community Plan. The
residential component described in the Bozeman 2020 Community Plan is intended to be located on
second or subsequent floors above the commercial components. The appropriate method of
addressing compliance of the land use with the Bozeman 2020 Community Plan is through the final
PUD plan. At that time, the final PUD plan will be required to ensure that a majority of the
Community Commercial designated area is developed in compliance with the dominant commercial
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 17
uses described in the Bozeman 2020 Community Plan. Planning Staff has recommended the
following condition addressing compliance with the land use guidelines of the Bozeman growth
policy:
47. The final PUD plan shall ensure that a majority of the Community Commercial
designated area is developed in compliance with the dominant commercial uses described in
the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition
include establishment of a required commercial land use FAR that is 2 or 3 times greater than
the typical FAR of.25 or.3:1 (i.e. 1:1)on equal square footage east of Vacquero Parkway in
exchange for the ability to develop Block 14 in ground floor residential uses, or amend the
Bozeman 2020 Community Plan with a corresponding zone map amendment. Commercial
land uses means those uses indicated as"Principal Uses"within the B-2 zone
(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?
This project contains parks,trail systems and open space areas for the use and enjoyment of those
living in,working in or visiting the development.
RECOMMENDED CONDITIONS OF APPROVAL
Planning Staff,the Bozeman Development Review Committee(DRC),Design Review Board(DRB)
and other boards, when appropriate, have reviewed the Conditional Use Permit (CUP) with
relaxations for the Baxter Meadows Phase 6 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. The CAHAB advises the City Commission to allow the developer to provide only 7.5%of the
net buildable area in RSL's subject to the following conditions:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
2. The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
3. Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 18
minimum lot area, and minimum lot width for each lot.
5. Additional park land shall be provided in the amount calculated at 5,768 square feet(lot frontage
(—412 feet)x 14 feet(parking on both sides of road)_—5,768 square feet,if the frontage of the
park changes,this number will be recalculated).It is preferable to see the difference made up by
expanding the East West PPW between Ferguson and Milkhouse to a 30' wide dedicated trail
corridor.
6. Additional park land, cash in lieu or additional on-site park improvements shall be provided to
compensate for the cost of construction of the parking.
7. The final PUD plan shall ensure that a majority of the Community Commercial designated area
is developed in compliance with the dominant commercial uses described in the Bozeman 2020
Community Plan. Possible alternatives to comply with this condition include establishment of a
required commercial land use FAR that is 2 or 3 times greater than the typical FAR of.25 or.3:1
(i.e. 1:1) on equal square footage east of Vacquero Parkway in exchange for the ability to
develop Block 14 in ground floor residential uses,or amend the Bozeman 2020 Community Plan
with a corresponding zone map amendment. Commercial land uses means those uses indicated
as"Principal Uses"within the B-2 zone.
8. The final PUD plan shall depict the school,YMCA,bed and breakfast,community center(barn)
and vet clinic as"residential neighborhood services".
9. Fences located in the front, side or rear yard setback of properties adjacent to any park or open
space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This
requirement shall be addressed and demonstrated in the covenants/development guidelines.
10. Due to the PUD design and relaxations,the applicant shall be required to fully develop the park.
11. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
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.
12. 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.
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 19
13. 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.
14. 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-06036 for a
Conditional Use Permit(CUP)with relaxations for the Baxter Meadows Planned Unit Development
(PUD)Phase 6 Preliminary Plan to allow development of— 11 acres and as a result recommends to
the City Commission conditional approval of said application with all relaxations except relaxation
#6 for setback width adiacent to pedestrian walkway subject to conditions and code provisions
outlined in this staff report.
The Planning Staff has identified various code provisions that are not currently met by this
application. Some or all of these items are listed in the findings and conditions of this staff report.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that
unmet code provisions,or code provisions that are not specifically listed as conditions of approval,
does not,in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PUD
PHASE 6. 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 dated March 7, 2006.
DRB minutes of April 26, 2006.
Cc: PC Development, 3985 Valley Commons Drive,Bozeman, MT 59718
Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108
#Z-06036 Baxter Meadows PUD Phase 6 CUP Staff Report 20
LI N A RY
DESIGN REVIEW BOARD
WEDNESDAY,APRIL 26, 2006
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Dawn Smith called the meeting to order at 5:35 p.m. and directed the
secretary to record the attendance.
Members Present Staff Present
Michael Pentecost Dave Skelton, Senior Planner
Dawn Smith Susan Kozub, Associate Planner
Scott Hedglin Lanette Windemaker, Contract Planner
Christopher Livingston Martin Knight, Planner
Bill Rea
Visitors Present
(Someone has the attendance roster, I would complete this section if I had it. -
Carol)
ITEM 2. MINUTES OF APRIL 12, 2006
Chairperson Smith called for corrections or additions to the minutes of the last meeting.
MOTION: Mr. Hedglin discussed a correction on the back page 6 the amendment
failed 3-4 and the amendment passed on page six. Mr. Hedglin moved, Mr. Rea seconded, to
approve the April 12, 2006, minutes as submitted. The motion carried unanimously. (I would
make this correction if I had the draft minutes to go by. - Carol)
ITEM 3. CONSENT AGENDA
Bozeman Gateway PUD Final Plant #Z-06036 (Skelton)
Southwest of the intersection of College Street and Huffine Lane
* A Final PUD Plan Approval Application for the Development Manual for the
Bozeman Gateway Subdivision PUD. (The item was distributed at the last DRB
meeting. If you have not received the development plan, contact the Planning Office.)
MOTION: moved, seconded, to approve the consent agenda, motion
carried unanimously. (This item should have a person who moved, a person who seconded,
and the wording of the motion.)
ITEM 4. Project Review
A. Baxter Meadows #6 PUD Preliminary Plan #Z-06036 (Windemaker)
City Of Bozeman Design Review Board Minutes—April 26,2006 1
�r
Northeast of the intersection of Ferguson Avenue & Galloway Street
* A Preliminary Planned Unit Development Preliminary Plan Application
to allow single-family and multi-family development on 11.4 acres in an R-3
(residential Medium Density) and B-2 (Community Business) Districts.
DRB asked for an explanation why the Board is are seeing the PUD. Contract Planner Lanette
Windemaker explained this is a PUD with relaxations and discussed the location of the phase
within the Baxter Meadows PUD. Planner Windemaker also discussed the various zoning
designations and land use patterns within the PUD. Planner Windemaker identified the zoning
to the west of Gallatin Green as B-2 and the fact that there is no residential component as part
of the commercial zoning designation is recommending under condition #7 showing that the
majority of the commercial area is going to be commercial land uses.
Planner Windemaker outlined the eleven relaxations being requested with the application.
Bill Rea questioned the pedestrian sidewalk and the open fence with respect to a building on
the lot. Also what is the connection with the walkway in phase 2D is. Also asked how the
Baxter Meadows concept is being perceived. He would like to identify any mistakes that have
occurred in previous phases that may be addressed with this phase.
Christopher wondered which of the restrictions are above beyond and above those requested
with phase one. He questioned the floor area ratio for RSL lots with respect to area lot size
and building size.
Scott discussed the RSL concept and lot area/size recommended by CAHAB. Planner
Windemaker clarified.
Dawn requested clarification on how phase six was approved as part of the concept plan and
what may be different now. Question on the commercial component for the PUD how to
demonstrate the mix of land uses Planner Windemaker clarified the amount of commercial
use in a mixed-use development. Dawn questioned how we calculate parking and how the
parking problems are being resolved. Planner Windemaker explained how the parking
calculations work. Dawn discussed how Ferguson is laid out in terms of parking, bike lanes
and driving lanes. Harley explained that Ferguson is a collector with 2 driving lanes with bike
lanes and parking on both sides.
DRB asked the applicant to identify those recommendations that he does not agree with staff
recommendations. Applicant discussed the perception of the subdivision. The new relaxations
are generally due to changes in the UDO and deal with the RSLs and park frontage. Applicant
disagrees with #7 - zoning and #9 - fences. He would DRB to accept one commercial unit to 4
residential units on the ground floor. Also, he explained that they are agreeable to wideing the
pedestrian walkway in Block 15 to 30 feet, and would like to have an exception for the fences
on the lots in Block 15 that are adjacent to the linear parkway.
City Of Bozeman Design Review Board Minutes—April 26,2006 2
HKI
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Bill asked if the commercial aspect is intended to have a commercial center serving the greater
community i.e., community commercial center concept. He questioned if there a number to
the amount of commercial versus residential, thus the condition as written.
Christopher discussed the land use identification with respect to what is commercial versus
what is residential. He questioned if the side yard setback next to a 30 foot linear park is 5
feet.
Michael questioned the 1-to-4 ratio proposal - how do you control this? Harley explained with
deed restrictions. He asked for a description of the live/work unit concept. He discussed the
concept of the transition from residential, to mixed-use to commercial.
Scott discussed the pedestrian connection to increased to 30 feet, and the width in other phases.
He questioned if a relaxation had been given for fences next to open space and parks in
previous phases.
Dawn questioned what is being considered affordable. Harley responded with the least total
amount for a single dwelling. Dawn questioned the price per square foot. Harley explained that
nothing holds them to a price point.
Chris asked about the parking calculations for a live/work unit. More commercial without
parking could be a disaster; garages are too small. Harley responded that the garages are
usable.
Mike questioned how the live/work lots are designed, and wondered if the live/work lots were
large enough to accommodate the parking.
Harley addressed the question on transition from residential to live/work to commercial; the
applicants don't want to lose flexibility.
Bill questioned the design of the pedestrian walkway and the need for a jog. Harley explained
need for symmetry on either size; "L" shaped house and side yard easement; and fencing
problems.
Mike discussed the parking problems. He struggles with departing from original concept of
transitions; he cannot support the change to eliminate transitions; need to keep the plan as is.
Chris stated that taller fencing next to linear park would not be good; would rather see larger
open spaces. He indicated that live/work units need a reasonable parking component.
Bill disagreed with Mike on the buffer concept; already see a good transition. He struggles
with the live/work unit concept and wants to see a deed restriction. He is also struggling with
City Of Bozeman Design Review Board Minutes—April 26,2006 3
PRELIMINARY
pedestrian connections but the only way to deal with it would be to eliminate lots. He supports
keeping condition 9 as written.
Scott indicated that Phase 6 is an excellent opportunity to have a "course correction" and
require live/work units as outlined in the initial concept, and wants to see it kept as community
commercial.
Dawn stated that a successful development should go beyond the actual development and reach
the larger community; this is even more important now that a middle school is planned in the
area. She did not support project's concept a few years ago and still does not support it based
on the arrangement of the density; 20-foot alleys are useless; not enough physical space to
support the density; parking issues, etc. She does not support smaller RSL lots because of the
price per square foot, and is overall not supportive of the project.
Harley indicated that he would like to request a relaxation of 18.42.130.B regarding fences
next to linear parks. Dawn stated that you can't ask for a relaxation after the fact due to
noticing requirements.
Scott indicated that he would like to reword condition 7 to require community commercial -
and not allow multiple household dwelling units. He likes the staff condition, but perhaps the
DRB should add to it.
Motion - approve application with the conditions outlined by Staff.
Motion to approve passed 3 to 2 (Dawn and Bill opposed) (Scott, Mike, and Chris in favor)
B. Lerner SP/COA #Z-05299 (Knight)
907 & 915 North 17' Avenue
* A Preliminary Site Plan Application with a Certificate of
Appropriateness to allow the construction of an office building and 32 condo
units on approximately 3/14 acres zoned R-O (Residential-Office) District.
Dawn noted that DRB is a public meeting not a public hearing.
Planner Knight gave a brief history of the project. On February 22, 2006, the DRB
recommended approval by a vote to 7:0 with 3 conditions. Because several adjacent neighbors
were not noticed, Staff has reopened the project to provide a fair opportunity for public
comment. Martin noted the 3 conditions the were recommended at the first DRB meeting and
stated that most of the trees have already been removed. Staff would be supportive of a new
condition. Martin went over which trees were removed on the plans.
Bill - aged metal condition question? Martin - as written in memo. Bill - same plans as
before? Martin - yes. Bill - procedural question on PSP verses FSP.
City Of Bozeman Design Review Board Minutes—April 26,2006 4