HomeMy WebLinkAboutF8 Walton Homestead
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Susan Kozub, Associate Planner
SUBJECT: Walton Homestead PUD/CUP Modifications II (Lot 11), #Z-06237
MEETING DATE: Monday, November 13, 2006 at 6 pm
BACKGROUND: A Conditional Use Permit (CUP) application has been submitted that would
allow a modification to an approved Planned Unit Development (PUD) with expanded relaxations.
The original Walton Homestead PUD was approved by the City Commission in April of 2003
including relaxations from Section 18.16.040 to allow single household detached residential dwelling
units to be constructed on 3,800 square foot lots (smaller than the normal requirement of 5,000
square feet) with lot widths of 40 feet (10 feet less than the standard 50 foot lot width requirement).
Due to a surveying/construction error on Lot 12 to the south, the owners and applicants of both
lots are now requesting that Lot 11, Block 5, Walton Homestead Planned Unit Development be
permitted to have an even smaller lot area (3,555 square feet) and lot width (37.4 feet) for a new
single household detached dwelling unit. This will allow both units to maintain standard five foot
side yard setbacks.
Minor changes to PUDs can be approved administratively; however, because the proposed change
includes expanded zoning relaxations, the application must follow the same Planned Unit
Development review and public hearing process required for approval of preliminary plans.
On October 25, 2006, the Design Review Board (DRB) and Development Review Committee
(DRC) both voted to conditionally approve the PUD modification request.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission approve the Modification to the Walton
Homestead Planned Unit Development for Lot 11, #Z-06237 as conditioned by staff.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Susan Kozub at skozub@bozeman.net if you have any questions prior
to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT FILE NO. #Z-06237
WALTON HOMESTEAD PUD MAJOR MODIFICATION II
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 1
ITEM: Conditional Use Permit Application #Z-06237 to modify an
approved Planned Unit Development (PUD) with an additional
lot area and width zoning relaxation for Lot 11, Block 5, Walton
Homestead Subdivision PUD, City of Bozeman, Gallatin County,
Montana
PROPERTY OWNERS: Lot 11 Lot 12
Ross McMilin Paul & Melissa Cronin
3950 Dry Creek Road PO Box 160556
Belgrade, Montana 59714 Big Sky Montana, 59716
APPLICANT: Legends Studios, Inc.
600 North Wallace Avenue, Loft One
Bozeman MT 59715
REPRESENTATIVE: C&H Engineering, Inc.
1091 Stoneridge Drive
Bozeman MT 59718
DATE/TIME: City Commission 7 pm on Monday, November 13, 2006 in the
Community Meeting Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
REPORT BY: Susan Kozub, Associate Planner
RECOMMENDATION: Conditional Approval
______________________________________________________________________________
PROJECT LOCATION
The proposed PUD Modification would only apply to property located at 718 North 15th Avenue and
legally described as Lot 11, Block 5, Walton Homestead Subdivision PUD, City of Bozeman, Gallatin
County, Montana. This property is zoned R-3 (Residential Medium Density District) and is designated as
“Residential” on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the
following map:
PROPOSAL
A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an
approved Planned Unit Development (PUD) with expanded relaxations. The original Walton
Homestead PUD was approved by the City Commission in April of 2003 including relaxations from
Section 18.16.040 to allow single household detached residential dwelling units to be constructed on
3,800 square foot lots (smaller than the normal requirement of 5,000 square feet) with lot widths of 40
feet (10 feet less than the standard 50 foot lot width requirement). Due to a surveying/construction
error on Lot 12 to the south, the owners and applicants of both lots are now requesting that Lot 11,
Block 5, Walton Homestead Planned Unit Development be permitted to have an even smaller lot area
(3,555 square feet) and lot width (37.4 feet) for a new single household detached dwelling unit. This will
allow both units to maintain standard five foot side yard setbacks.
Minor changes to PUDs can be approved administratively; however, because the proposed change
includes expanded zoning relaxations, the application must follow the same Planned Unit Development
review and public hearing process required for approval of preliminary plans.
On October 25, 2006, the Design Review Board (DRB) and Development Review Committee (DRC)
voted to conditionally approve the PUD modification request.
ADJACENT LAND USES & ZONING
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 District
is to provide for the development of one- to five-household residential structures near service facilities
within the City. It should provide for a variety of housing types to serve the varied needs of households
of different size, age and character, while reducing the adverse effect of nonresidential uses. The
following land uses and zoning are adjacent to the subject property:
North: Single Household Residence, zoned R-3 (Residential Medium Density District)
South: Single Household Residence, zoned R-3 (Residential Medium Density District)
East: Multiple Household Residences, zoned R-3 (Residential Medium Density District)
West: Single Household Residence, zoned R-3 (Residential Medium Density District)
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 2
GROWTH POLICY DESIGNATION
The subject property and the properties to the north, south, east and west are all designated as
“Residential.” This category designates places where the primary activity is urban density living quarters.
Other uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. The residential designation also indicates that it is
expected that development will occur within municipal boundaries which may require annexation prior
to development. The dwelling unit density expected within this classification varies. It is expected that
areas of higher density housing would be likely to be located in proximity to commercial centers to
facilitate the broadest range of feasible transportation options for the greatest number of individuals and
support businesses within commercial centers. Low density areas should have an average minimum
density of six units per net acre. Medium density areas should have an average minimum density of
twelve units per net acre. High density areas should have an average minimum density of eighteen units
per net acre. A variety of housing types should be blended to achieve the desired density with large areas
of single type housing being discouraged. In limited instances the strong presence of constraints and
natural features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this classification. All residential housing should be arranged with
consideration given to the existing character of adjacent development, any natural constraints such as
steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan.
The residential designation is intended to provide the principal locations for additional housing within
the Planning Area.
REVIEW CRITERIA & FINDINGS
In approving a modification to a Planned Unit Development application, the City Commission shall
consider the criteria outlined in the Unified Development Ordinance including Section 18.34.090 “Site
Plan and Master Site Plan Review Criteria;” Section 18.34.100 “City Commission Consideration and
Findings for Conditional Use Permits;” and Chapter 18.36 “Planned Unit Development.” Again, please
note that this application does not include any changes to the streets, parks, open spaces, trails,
or overall subdivision layout; therefore, many of the review criteria are non-applicable. Planning
Staff has evaluated the application against the relevant review criteria that are applicable to the proposed
PUD modification and offers the following summary review comments below.
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission shall consider the
following:
1. Conformance to and consistency with the City’s adopted growth policy
Again, the property is designated as “Residential” according to the adopted growth policy.
2. Conformance to this title, including the cessation of any current violations
The property owner 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 following code provisions must be addressed
with the final submittal:
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 3
a) 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.
b) 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.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All conditions
for a Conditional Use Permit must be met prior to final site plan approval including the
recording of the conditions for the Conditional Use Permit. The revised building permit for Lot
11 will be further evaluated against the requirements of the International Building Code at the
time application is made.
4. Relationship of site plan elements to conditions both on and off the property
The site plan review process as well as the PUD architectural guidelines will ensure compatibility
with the surrounding properties and neighborhood.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The lot will still be large enough to provide required off-street parking.
6. Pedestrian and vehicular ingress and egress
The proposed modification does not affect pedestrian and vehicular access.
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
Landscaping is subject to code requirements and PUD Architectural Guidelines and Covenants.
8. Open space
Required open space was provided with the PUD. No additional open space is required with
this modification.
9. Building location and height
The new building must meet all setbacks and lot coverage requirements. The proposed PUD
Modification is related to lot width and area and does not affect building locations or height.
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 4
10. Setbacks
No additional setback relaxations are requested.
11. Lighting
All residential lighting must meet provisions of Section 18.42.150.
12. Provisions for utilities, including efficient public services and facilities
Not applicable; this was dealt with through the subdivision.
13. Site surface drainage
Not applicable; site surface drainage is taken care of through the subdivision.
14. Loading and unloading areas
Not applicable; there are no loading and unloading areas.
15. Grading
Not applicable; none proposed.
16. Signage
Not applicable; none proposed.
17. Screening
Any mechanical equipment must be adequately screened as noted in the site plan code
provisions.
18. Overlay district provisions
Non-applicable.
19. Other related matters, including relevant comment from affected parties
The Planning Office has not received any written comments in reference to this project.
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:
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;
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 5
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.
Non-applicable.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a conditional
use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity.
The applicant representatives have studied the sites and determined that the reduced lot size
will still allow a single household residence with a garage.
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 does not find that the proposal will have adverse effects on abutting properties.
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: regulation of use; special yards, spaces, and buffers; special
fences, solid fences and walls; Surfacing of parking areas; Requiring street, service
road or alley dedications and improvements or appropriate Bonds; Regulation of
points of vehicular ingress and egress; Regulation of signs; Requiring maintenance
of the grounds; Regulation of noise, vibrations and odors; Regulation of hours for
certain activities; Time period within which the proposed use shall be developed;
Duration of use; Requiring the dedication of access rights; Other such conditions as
will make possible the development of the City in an orderly and efficient manner
Staff does not find any additional conditions necessary.
Section 18.36.090 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unit development, find favorably as follows:
a. All Development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory “All Development” group.
1. Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways,
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 6
sanitary supply, irrigation companies, fire protection, electricity, flood hazard
areas, natural gas, telephone, storm drainage, cable television, and streets?
Non-applicable; this was addressed with the subdivision and PUD review.
2. Does the project preserve or replace existing natural vegetation?
Non-applicable; there is no existing natural vegetation on the lots.
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 proposed changes still work within the context of the overall PUD.
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?
This specific lot does not affect the overall PUD.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the
residents of the project?
This will be addressed with a building permit.
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 Section 18.50.020 “Park Requirements?”
Not applicable; parkland dedications were handled with the PUD.
7. Performance. All PUDs shall earn at least twenty performance points.
Nonresidential developments within the North 19th Avenue/Oak Street corridor
shall earn thirty points. Points may be earned in any combination of the
following. The applicant shall select the combination of methods but the City
may require documentation of performance, modifications to the configuration
of open space, or other assurances that the options selected shall perform
adequately.
Not applicable; the master plan for the overall PUD has already been approved. The
proposed PUD modification does not significantly affect the PUD master plan. The
relaxation would only apply to Lot 11.
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?
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 7
The proposed modification does not significantly change the PUD master plan.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the
maximum extent possible, preserve and promote the unique character of
neighborhoods, with provisions for a mix of limited commercial development.
The subject property falls within the R-3 zone. The reduced lot width and area does not
significantly affect the overall PUD.
CONCLUSION/RECOMMENDATION
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the proposed PUD modification and support the additional relaxation. Staff recommends the
following condition of approval for clarification:
1. The approval for the 3,555 square foot lot shall only apply to Lot 11, Block 5, Walton
Homestead Planned Unit Development.
The Planning Staff, DRC and DRB have reviewed the proposed modification to the PUD. Planning
Staff has identified various code provisions which must be met by this application. Some or all of these
items are listed in the findings (see pages 4 and 5) of this staff report. The applicant must comply with
all provisions of the Bozeman Unified Development Ordinance, 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 CONDITIONAL USE PERMIT. 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: DRB Memo
DRB Minutes (consent item)
Applicant Submittal Materials
Report sent to: Paul & Melissa Cronin, PO Box 160556, Big Sky Montana, 59716
Ross McMilin, 3950 Dry Creek Road, Belgrade, Montana 59714
Legends Studios, Inc., 600 North Wallace Avenue, Loft One, Bozeman MT 59715
Oakway, LLC, 2066 Stadium Drive, Suite 202, Bozeman MT 59715
Walton Homestead PUD Major Modification II CUP/PUD, #Z-06237 8
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
____________________________________________________________________________________
TO: Design Review Board (DRB)
FROM: Susan Kozub, Associate Planner
DATE: Consent Agenda for 10/25/06 DRB Meeting
RE: Walton Homestead (Lot 11, Block 5) CUP to Modify PUD 2, #Z-06237
____________________________________________________________________________________
Property Location:
The proposed PUD Modification would only apply to property located at 718 North 15th Avenue and legally
described as Lot 11, Block 5, Walton Homestead Subdivision PUD, City of Bozeman, Gallatin County,
Montana. This property is zoned R-3 (Residential Medium Density District) and is designated as
“Residential” on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the
following map:
Proposal:
A Conditional Use Permit (CUP) application has been submitted that would allow a modification to an
approved Planned Unit Development (PUD) with expanded relaxations. The original Walton Homestead
PUD was approved by the City Commission in April of 2003 including relaxations from Section 18.16.040
to allow single household detached residential dwelling units to be constructed on 3,800 square foot lots
(smaller than the normal requirement of 5,000 square feet) with lot widths of 40 feet (10 feet less than the
standard 50 foot lot width requirement). Due to a surveying/construction error on Lot 12 to the south, the
owners and applicants of both lots are now requesting that Lot 11, Block 5, Walton Homestead Planned
Unit Development be permitted to have an even smaller lot area (3,555 square feet) and lot width (37.4 feet)
for a new single household detached dwelling unit. This will allow both units to maintain five foot side yard
setbacks.
Page 2
Minor changes to PUDs can be approved administratively; however, because the proposed change includes
expanded zoning relaxations, the application must follow the same Planned Unit Development review and
public hearing process required for approval of preliminary plans, which includes DRB review.
This item has been scheduled as a consent item before the Design Review Board. If the Board wishes to
discuss this item, then a motion must be made to remove the item from consent for further discussion. The
recommendations of both the DRB and the Development Review Committee (DRC) will be forwarded to
the City Commission for the public hearing which is scheduled for November 11, 2006.
Staff Recommendation:
Staff supports the expanded relaxations for lot area and width for Lot 11, Block 5, Walton Homestead
Subdivision PUD, City of Bozeman, Gallatin County, Montana because it corrects a surveying/construction
mistake while staying within an appropriate scale for the overall development. Lot coverage and setbacks
would still be required to be maintained. Staff also feels that the strict architectural PUD guidelines will
ensure compatibility with this growing neighborhood.
Memo Mailed To: Paul & Melissa Cronin, PO Box 160556, Big Sky Montana, 59716
Ross McMilin, 3950 Dry Creek Road, Belgrade, Montana 59714
Legends Studios, Inc., 600 North Wallace Avenue, Loft One, Bozeman MT 59715
Oakway, LLC, 2066 Stadium Drive, Suite 202, Bozeman MT 59715