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06-18-07 packet 3
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, June 18, 2007 A. Call to Order – 6:00 pm – Community Room, Gallatin County Courthouse, 311 West Main Street B. Pledge of Allegiance and a Moment of Silence C. Public Service Announcement – Fireworks (McLane) D. Minutes – May 7, 2007 and June 7, 2007 Policy Meeting *Consider a motion approving the minutes of May 7, 2007 and the June 7, 2007 Policy Meeting as submitted. E. Consent 1. Authorize payment of claims (LaMeres) 2. Approve Resolution No. 4017, Genesis Business Park II Annexation #A- 06003 (Skelton) 3. Provisionally adopt Ordinance No. 1703, Genesis Business Park II Zone Map Amendment #Z-06133 (Skelton) 4. Authorize City Manager to sign Notice of Award for 2007 Landfill Sewer Service Improvements (Johnson) 5. Approve Resolution No. 4028, Street Vacation Request for Portion of East Lamme Street (Kerr) 6. Finally adopt Ordinance No. 1708, Davenport Zone Map Amendment #Z- 06151 (Sanford) 7. Approve staff recommendations for the Mayors' Climate Protection Agreement Task Force (MCPATF) (Baker) 8. Authorize City Manager to sign Notice of Award for the 2007 Street Improvements Contract (Kerr) 9. Authorize City Manager to sign Water Pipeline and Access Easement and Agreement for Woodhaven Village Condos (Heaston) 10. Authorize Contract for Floor Plan Drafting for Existing City of Bozeman Facilities (Henderson) 11. Authorize City Manager to sign Public Access Easement for Library Approach (Kerr) 12. Approve Resolution No. 4029, Intent to Create Special Improvement Lighting District #698, Alder Creek Subdivision Phases 4 and 5 (Shannon) 13. Authorize City Manager to sign Public Access Easement for Partridge Condos (Heaston) 14. Approve Resolution No. 4031, Baxter Creek Growth Policy Amendment #P-07019 (Skelton) 1 15. Approve Resolution No. 4032, Schroeder Growth Policy Amendment #P- 07016 (Knight) *Consider a motion approving Consent items 1 – 15 as listed above. F. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to 3 minutes. G. Special Presentation – Bozeman Intermodal Facility Financing and Timeline (Pope, Rosenberry and Goehrung) H. Action Items 1. Award of Base Bid for Construction of the Bozeman Intermodal Facility (Goehrung) *Consider a motion awarding the base bid for construction of the Bozeman Intermodal Facility to Martel Construction in the amounts listed on the June 11, 2007 Bid Day Summary Sheet. 2. Rialto Building Site Plan/Certificate of Appropriateness/Change In Use #Z-07019 - opened and continued from May 14, 2007; continue to July 9, 2007 (Bristor) *Open the public hearing and consider a motion to continue the Rialto Building Site Plan/Certificate of Appropriateness/Change in Use #Z-07019 to July 9, 2007. 3. Schroeder Growth Policy Amendment #P-07016, opened and continued from May 14, 2007 (Knight) *Consider a motion approving the Schroeder Growth Policy Amendment #P-07016, with the contingencies listed on page 7 of the staff report. 4. Louis Zone Map Amendment #Z-07073 (Riley) *Consider a motion approving the Louis Zone Map Amendment #Z-07073 as proposed, with the three recommended contingencies listed in Zoning Commission Resolution #Z- 07073. 5. Resolution No. 4030, Police & Municipal Court Facility and Staffing Plans (Tymrak) 2 *Consider a motion adopting Resolution No. 4030 endorsing the Needs Assessment and Facility Plan prepared by Carter Goble Lee (CGL), as well as the staffing methodology previously presented. AND *Consider a motion setting a benchmark of 30 minutes of proactive time for the Bozeman Police Department to determine staffing needs and performance goals. 6. Baxter Meadows Phase IV Preliminary Planned Unit Development/Conditional Use Permit #Z-07049 with Relaxations (Windemaker) *Consider a motion approving Baxter Meadows Phase IV Preliminary Planned Unit Development/Conditional Use Permit #P-07049 with relaxations #1 thru #5, subject to the conditions of approval and code provisions outlined in the staff report. 7. Baxter Meadows Phase IV Planned Unit Development Major Subdivision Preliminary Plat #P-07011 (Windemaker) *Consider a motion approving Baxter Meadows Phase IV Planned Unit Development Major Subdivision Preliminary Plat #P-07011, subject to the conditions of approval in Planning Board Resolution #P-07011 and the code provisions outlined in the staff report. 8. Conditional Use Permit to modify Legends at Bridger Creek II Planned Unit Development #Z-07086 with Relaxation (Windemaker) *Consider a motion approving Conditional Use Permit to modify Legends at Bridger Creek II Planned Unit Development #P-07086 with relaxation #1 subject to the conditions of approval and code provisions outlined in the staff report. 9. Baxter Creek Growth Policy Amendment #P-07019 (Skelton) *Consider a motion approving or denying the Baxter Creek Growth Policy Amendment #P-07019. If the Commission votes to approve the application, consider applying the standard contingencies noted on page 8 of the staff report. 10. Provisional adoption of Ordinance No. 1710, amending the Bozeman Municipal Code by revising Title 17 and adding a new chapter to be numbered Chapter 17.02, providing for a new title for Housing and a new chapter for Workforce Housing (Brey) *Consider a motion provisionally adopting Ordinance No. 1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and final approval. 3 11. Provisional adoption of Ordinance No. 1709, Workforce Housing Revisions to Title 18 of the Bozeman Municipal Code, Unified Development Ordinance (Brey) *Consider a motion provisionally adopting Ordinance No. 1709. If adopted, revise as needed to conform to any modified provisions in Ordinance No. 1710. I. FYI/Discussion J. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Ron Brey, at 582-2306 (TDD 582-2301). Please note that agenda submissions must be received by the City Manager the Wednesday before the Commission Meeting. For further information, please see the City of Bozeman webpage at www.bozeman.net. Commission meetings are televised live on cable channel twenty. Repeats are aired at 5 pm on Wednesday and Friday and 1 pm on Sunday. 4 LINKED MINUTES OF THE CITY COMMISSION WORK SESSION BOZEMAN, MONTANA May 7, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street for a Work Session with the Gallatin County Commission on Monday, May 7, 2007 at 3:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Steve Kirchhoff, County Cr. Joe Skinner, County Cr. Bill Murdock, County Cr. Steve White, City Manager Chris Kukulski, County Administrator Earl Mathers, Municipal Court Judge Karl Seel, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. 0:10:51 A. Work Session with the Gallatin County Commission to discuss Police and Municipal Court Facility and Staffing Plans - Call to Order - 3:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the Work Session to order at 3:10 pm. 0:12:13 Chris Kukulski, City Manager Mr. Kukulski introduced the topic about what to do with the Law and Justice Center, the City's Police Dept., the Municipal Court, and the Jail. 0:28:25 County Cr. Skinner County Cr. Skinner stated that within a month and a half, the County will have made a decision on the siting for the Detention Center, which will determine the siting for the County's Courts and Law Enforcements, and consequently could determine the siting for the City's Courts and Law Enforcement. 0:28:55 County Cr. Bill Murdock County Cr. Murdock stated that the present Law and Justice site works. And until he's convinced there is a better site that the public would think is a better site, it is going to go there. There is room at that present site if you razed it and had a greenfields site for all of the City's and County's needs for the next 50 years. 1:23:47 Public Comment Mayor Krauss called for public comment. No person commented. 1:26:08 Mayor Krauss Mayor Krauss summarized the discussion thus far: it sounds like the County is willing to give the City Commission an answer fairly soon (about location) and that the City will still aim for the fall election. It sounds like the City and County need to get together to find a site or at least determine if there are five acres there not under the jail. He also stated his concerns about the issues of mold and the “sick building” at the Law and Justice Center. 1:32:27 Mr. Kukulski Mr. Kukulski asked Mayor Krauss if it is preferable to meet with the County Commission at 3:00 pm (on Mondays), or if he prefers to keep the Joint City-County meetings at 7:00 am (on Fridays). Although the summer Joint City-County meetings are off, he suggested that there will need to be more than one or two meetings in the next five months to keep this issue rolling and resolve it. 1:34:36 County Crs. Skinner, White, and Murdock County Crs. Skinner, White, and Murdock agreed that Monday from 3:00-5:00 pm is a good time for them to meet with the City Commission. 1:34:47 Mr. Kukulski Mr. Kukulski said that the City would work with Glenda and the County Commission offices to schedule future meetings. As the County's studies come in (and the City need to find out where they go), and as the City stays on target for a fall election, that means this late summer we're zeroing in on location, site, footprint, etc. 1:35:10 Mayor Krauss Mayor Krauss asked the County Commissioners if they think they don't need the 7:00 am Joint- City County meeting on May 18, 2007 (since the Commissions have met twice in a few weeks). 1:35:21 County Cr. Skinner County Cr. Skinner agreed that the meeting on May 18 isn't needed, and the other County Commissioners moved and seconded to cancel that meeting. 1:35:50 Adjournment Mayor Krauss adjourned the Work Session at approximately 4:35 pm. 2 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 7, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, May 7, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Kaaren Jacobson, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, Finance Director Anna Rosenberry, Director of Public Service Debbie Arkell, Assistant Planning Director Chris Saunders, and Deputy City Clerk Cynthia Jordan Delaney. 1:54:00 B. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street Mayor Krauss called the meeting to order. 1:54:03 C. Pledge of Allegiance and Moment of Silence 1:54:51 Mayor Krauss Mayor Krauss reported that he received an email from a representative of the Rialto. They would like to have the Rialto application opened and continued for at least 2-3 weeks. He opened the item, and encouraged anyone present to speak. He honored Rialto's request to postpone. 1:55:50 D. Public Service Announcement - Online Utility Payments (Rosenberry) Finance Director Anna Rosenberry notified the public about two new great services in the City Finance Dept. that are now available online. Citizens can now view and pay their special assessments (street and tree improvements/SID payments) online. They can also pay their monthly utility bills online (water, sewer, and garbage). 1:57:47 E. Minutes - March 5, April 2, April 9, April 16, April 23, and April 26, 2007 Policy Meeting 1:57:54 Motion and Vote to approve the Minutes of March 5, April 2, April 9, April 16, April 23, and April 26, 2007. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Minutes of March 5, April 2, April 9, April 16, April 23, and April 26, 2007. Those voting Aye being Crs. Becker, Rupp, Jacobson, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 1:58:13 F. Consent 3 1. Authorize Payment of Claims (LaMeres) 2. Approve Monthly Building Report (Poulsen) 3. Provisionally Adopt Ordinance 1700, Municipal Infractions Ordinance-Downtown Sidewalk Encroachment Permit Program (Luwe) 4. Finally Adopt Ordinance 1697, Bridger Creek Phase 1 Zone Map Amendment #Z-07002 (Knight) 5. Authorize City Manager to sign Contracts for Custodial Services for FY07-08 (Goehrung) 6. Authorize City Manager to sign Amendment No. 2 to Professional Services Agreement for Water Renovations Survey Project (Murray) 7. Authorize City Manager to sign Bozeman Middle School Release and Reconveyance of Easement, and Waterline and Storm Drainage Easement and Agreement (Murray) 8. Adopt Resolution 4018, Story Mill Neighborhood Growth Policy Amendment #P-06070 (Saunders) 9. Approve Resolution 4019, Norton East Ranch Annexation #A-06002 (Sanford) MOVED TO ACTION ITEM 10. Authorize City Manager to sign Norton East Ranch Annexation Public Street and Utility Easements (Sanford) MOVED TO ACTION ITEM 11. Provisionally Adopt Ordinance 1704, Norton East Ranch Zone Map Amendment #Z-06121 (Sanford) MOVED TO ACTION ITEM 12. Authorize City Manager to sign Easement Request from Michael Christie (Kerr) 13. Authorize City Manager to sign Ethan Place Condominiums Public Access Easement (Johnson) 14. Authorize the Contract for update to "The Map and Guide to Bicycling in Bozeman" (Henderson) 15. Authorize City Manager to sign the Notice of Award for the 2007 Water Renovations Project (Murray) 16. Approve Baxter Meadows Planned Unit Development Phase 4 Minor Subdivision Final Plat #P-07004 (Cooper) 17. Approve Resolution No. 4020 relating to a project on behalf of Learning Circle Montessori Elementary School, Inc., a Montana non-profit corporation, and the issuance of a revenue note to finance the costs of acquiring a building to be used as a private elementary school under Montana Code Annotated, Title 90, Chapter 5, Part 1, as amended; granting preliminary approval thereto and calling a public hearing thereon. 1:58:16 Mayor Krauss Mayor Krauss stated that he has been asked to move Consent items 9 and 10 off the Consent agenda. They will be Action items H4A: Approve Resolution 4019, Norton East Ranch Annexation #A-06002 and H4B: Norton East Ranch Annexation Public Street and Utility Easements. 1:59:17 Cr. Becker Cr. Becker suggested that Consent item 11, Provisionally Adopt Ordinance No. 1704, Norton East Ranch Zone Map Amendment #Z-06121, should be moved off Consent along with Consent items 9 and 10. 1:59:22 Mayor Krauss Mayor Krauss agreed that Consent items 9, 10, and 11 should be moved to Action items 4A, B, and C. 4 1:59:44 Public Comment Mayor Krauss called for public comment on Consent items F1-8 and 12-17. No person commented. 2:00:08 Motion and Vote to approve Consent items 1-8 and 12-17. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent items F1-8 and 12-17. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:00:27 G. Public Comment Mayor Krauss opened public comment. 2:01:00 Jim Webster - Public Comment Mr. Webster, of 311 South 3rd Avenue, is a member of the Bozeman Historic Preservation Advisory Board and the Co-chair of the Story Mansion Task Force. He wanted to clarify issues relating to the Story Mansion Task Force and the Story Mansion. He wanted the Commissioners to be aware that MSU's acquisition of the Story Mansion to house the Humanities Institute has long been considered the Story Mansion Task Force's number one choice for the best use of the property in terms of the public good. Their Task Force has not wavered from that support, and that continues to be their top recommendation. He stated that it is not the case that talks between the University and the City have stalled. In fact, the Humanities Institute Campaign to raise money continues to gain strength. While MSU would be the ideal tenant, the Task Force recommends that the City take preliminary steps to engage a real estate broker should MSU's efforts not prove viable. This represents Plan B by the Task Force and is a back-up plan since they have a fiduciary responsibility to the City and community to act in a prudent fashion. 2:02:39 Bob Rydell - Public Comment Mr. Rydell, of 622 South Grand Avenue, is the Director of MSU's Humanities Institute. He gave the Commissioners an update about the Humanities Institute's fundraising progress since President Gamble's letter to the City Manager on May 1, 2007. In that letter, President Gamble noted that they had raised $275,000 in pledges. As of this afternoon, an individual in this community has made a pledge of $250,000. The Humanities Institute now has pledges totaling over $500,000, and $500,000 is the amount required by the Save America's Treasures Grant (controlled by the City) to release its funds. They are making great progress, and MSU is very eager to pursue its partnership with the City in working on ways for the university to acquire the Story Mansion property. 2:04:56 Public Comment closed. Mayor Krauss closed public comment. 2:05:32 H. Action Items 5 2:05:33 1. Resolution 4015, Final Creation of Special Improvement Lighting District #697, Alder Creek Subdivision Phase 3 (Rosenberry) 2:05:45 Anna Rosenberry, Finance Director Ms. Rosenberry presented the staff report for the creation of SILD #697. 2:10:35 Public Comment Mayor Krauss opened public comment. No person commented. 2:11:15 Motion and Vote to approve Resolution No. 4015, Final Creation of SILD #697, Alder Creek Subdivision Phase 3. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution No. 4015, Final Creation of SILD #697, Alder Creek Subdivision Phase 3. Those voting Aye being Crs. Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being Crs. Becker and Rupp. The motion carried 3-2. 2:12:15 2. Reconsideration of the April 17, 2006 Commission Meeting Minutes (Luwe) 2:12:23 Paul Luwe, City Attorney Mr. Luwe explained the reasons why the April 17, 2006 Minutes are being reconsidered. 2:14:05 Public Comment Mayor Krauss opened public commented. No person commented. 2:15:12 Motion and Vote to reconsider and approve the April 17, 2006 Commission Meeting Minutes as amended. It was moved by Cr. Jacobson, seconded by Cr. Becker, to reconsider and approve the April 17, 2006 Commission Meeting Minutes as amended. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:16:06 3. Habitat for Humanity of Gallatin County's Request for Funding Assistance (Frank) 2:16:16 Jennifer Frank, Applicant Ms. Frank, Executive Director of Habitat for Humanity of Gallatin County, stated that Habitat for Humanity is requesting $84,000 from the Community Housing Fund, with $60,000 to buy down the cost of four lots in the City of Bozeman and an additional $24,000 to offset the cost of impact fees. 6 The last Habitat home built in Bozeman was completed in 1998. The affordability of lots is the main factor in limiting Habitat's ability to build in Bozeman. They greatly welcome the opportunity to serve people such as teachers and firefighters by building in Bozeman once again. 2:20:21 Public Comment Mayor Krauss opened public comment. No person commented. 2:22:12 Motion to approve the granting of the requested funds ($84,000) from the City of Bozeman's Community Housing Fund to Habitat for Humanity of Gallatin County, with one condition. It was moved by Cr. Becker to approve the granting of the requested funds ($84,000) from the City of Bozeman's Community Housing Fund to Habitat for Humanity of Gallatin County for the purchase of four lots and associated impact fees in the City of Bozeman. In addition, asking subject to recapture for use in the City of Bozeman. 2:22:55 Mayor Krauss' Clarification of Motion, agreed to by Cr. Becker Mayor Krauss clarified that if there is an early pay off, that the funds be recaptured and used for additional lots in the City of Bozeman. It was moved by Cr. Becker to approve the granting of the requested funds ($84,000) from the City of Bozeman's Community Housing Fund to Habitat for Humanity of Gallatin County for the purchase of four lots and associated impact fees in the City of Bozeman. If there is an early pay off, that the funds be recaptured and used for additional lots in the City of Bozeman. 2:23:23 Motion Seconded Cr. Rupp seconded the motion. 2:24:17 Vote to approve the granting of the requested funds ($84,000) from the City of Bozeman's Community Housing Fund to Habitat for Humanity of Gallatin County, with one condition. [It was moved by Cr. Becker to approve the granting of the requested funds ($84,000) from the City of Bozeman's Community Housing Fund to Habitat for Humanity of Gallatin County for the purchase of four lots and associated impact fees in the City of Bozeman. If there is an early pay off, that the funds be recaptured and used for additional lots in the City of Bozeman.] Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 2:24:30 4. CFT Office Building Conditional Use Permit #Z-07017 (Knight) 7 2:25:08 Martin Knight, City Planner Mr. Knight presented the staff report for the CFT Office Building Conditional Use Permit. 2:33:58 Mayor Krauss Mayor Krauss stated that the only solution he can see is to require this property (CFT Office Building) to acquire 30 feet of the Allison Subdivision so that the entire road can be moved to the south 30 feet. That's what he would intend on doing so the roads can meet up and both sides have equal responsibility for providing that road. 2:34:45 Mayor Krauss Mayor Krauss said that it is important that we have Opportunity Way connected as far as we can to the east. If it requires 30 feet down, and for both sides to get together before we approve this, he doesn't see any reason why we can't make it a part of this Conditional Use Permit. 2:35:40 Mayor Krauss Mayor Krauss said that this is contingent on the two sides getting together and figuring out Opportunity Way. 2:38:11 James Nicholson, Applicant Mr. Nicholson, with Morrison-Maierle, is representing CFT. He introduced the other members of the CFT team, and he stated that they are present to answer questions. 2:38:42 Mayor Krauss Mayor Krauss asked the applicant what provisions for the build out of 11th Avenue on both sides have been made as a condition. Since 11th is half a road, and the applicant is going to put a large three story building there with all its traffic, he asked if the applicant has made arrangements with the university to build the other half of the road. 2:42:27 Grant Evans, Applicant Mr. Evans, with Bernardo Wills Architects, is this project's architect. He discussed the building's design and height. 2:44:05 Public Comment Mayor Krauss opened public comment. No person commented. 2:44:35 Motion to approve the CFT Office Building Conditional Use Permit, with conditions. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Conditional Use Permit #Z-07017 with the conditions of approval outlined in the staff report with the additional condition that an acceptable connection of Opportunity Way be worked out with the owners of Allison (Subdivision). 2:45:04 Cr. Becker 8 Cr. Becker disclosed that for the record he had communication outside this hearing with a neighbor who had an application in a year before. He also spoke to the applicant of this project, and wasn't aware that this application was coming to the Commission. 2:45:49 Mayor Krauss Mayor Krauss stated that it is not unreasonable to require that an acceptable Opportunity Way be designed and built, in exchange for raising the height 11 feet. 2:47:25 Cynthia Jordan Delaney, Deputy City Clerk Per Mayor Krauss' request, Ms. Delaney read the Motion. 2:47:48 Cr. Becker's Amendment to the Motion, agreed to by Cr. Rupp Cr. Becker amended the motion to add “City Engineering,” and Cr. Rupp agreed to the amendment. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Conditional Use Permit #Z-07017 with the conditions of approval outlined in the staff report with the additional condition that an acceptable connection of Opportunity Way be worked out with the owners of Allison (Subdivision) and City Engineering. 2:48:04 Vote to approve the CFT Office Building Conditional Use Permit, with conditions. [It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Conditional Use Permit #Z-07017 with the conditions of approval outlined in the staff report with the additional condition that an acceptable connection of Opportunity Way be worked out with the owners of Allison (Subdivision) and City Engineering.] Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. The motion carried 5-0. Conditions of Approval: Planning: 1. The entire building design shall incorporate recesses, off-sets, angular forms or other features to avoid long, flat facades over 100 feet in length. Any such modifications shall be provided for review by ADR staff prior to Final Site Plan approval. All modifications must be accurately depicted on the Final Site Plan submittal materials. 2. Only security lighting, as defined in UDO Section 18.42.150.D, shall be permitted in parking areas. A lighting detail, showing maximum illuminance in Footcandles, for all exterior lighting, including wall-mounted lighting, shall be provided with the Final Site Plan submittal materials. The location of parking lot and/or wall mounted lighting shall be accurately depicted on the Final Site Plan submittal materials. 9 3. All trees to be planted shall have the following minimum caliper sizes; 2” for large canopy deciduous, 1 ½” for small canopy deciduous, 9’ for large canopy evergreens, and 7’ for small canopy evergreens. All planting materials, and planting sizes, must be accurately depicted on the landscape plan for Final Site Plan submittal. 4. Parking lot screening, as required in UDO Section 18.48.050.C shall not be less than 4’ in width and shall be a minimum of 5’ in height. All other parking lot landscaping requirements, as outlined in UDO Section 18.48.050.C shall be met and shall be accurately depicted on the landscape plan for Final Site Plan submittal. 5. A bicycle rack shall be located nearest the principal entrance as possible. The location of all bicycle racks shall be clearly depicted on the Final Site Plan. 6. A greater diversity of species for the boulevard plantings shall be provided. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. Ryan Stover, at the City of Bozeman Forestry Department, shall be contacted with questions. Boulevard trees shall be accurately depicted on the landscaping plan for final site plan submittal. 7. All parking shall be provided in compliance with the City of Bozeman parking regulations. This shall include; all ADA accessible parking stalls being a minimum of 9’ in width, 18’ in length, and having an aisle width of 5’, with the first ADA accessible stall having an 8’ aisle width and being labeled “van accessible”; compact parking spaces shall being clearly signed “compact only”; and, the required number of standard stalls being provided. These items must be accurately depicted on the Final Site Plan submittal materials. Parking calculations must be provided on the Final Site Plan. 8. All mechanical equipment shall be screened in accordance with UDO Section 18.38.050. This shall include, but not limited too, air conditioners and electric panels. All mechanical equipment and screening shall be depicted on the landscaping plan and site plan for Final Site Plan submittal. 9. A dumpster with a permanent enclosure shall be provided. To ensure accessibility, the location of dumpster enclosures shall be verified with the City of Bozeman Sanitation Division (phone: 582-3258) prior to Final Site Plan approval. 10. If phasing is to be utilized, a phasing plan shall be submitted for review prior to Final Site Plan approval. All infrastructure shall be installed prior to occupancy of any buildings. 11. The location of signage shall be accurately depicted on the Final Site Plan. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any on-site signage. Engineering: 10 12. Regarding Condition No. 2, indicate the impact of the development on the previously approved storm water plan for the CFT Subdivision. Any storm water runoff that exceeds what was previously designed for shall be retained on site. 13. Any unused water or fire services shall be removed at the main. 14. The Architectural site plan Sheet A1.1 shall show all of the existing and any proposed water, fire, and sewer services and the portion of the existing subdivision detention pond that is on the east side of the property, per the site plan Sheet SP. Also, show any curb cuts in the parking lot curb for the storm water runoff. 15. Show any private utilities on the site plan, etc. 16. Show the water, fire, and sewer services, and existing easements on the landscape plan. 17. Use current City of Bozeman Standard Drawings. 18. 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. Cr. Becker: 19. An acceptable connection of Opportunity Way be worked out with the owners of Allison (Subdivision) and City Engineering. 2:48:23 4A. Approve Resolution No. 4019, Norton East Ranch Annexation # A-06002 (was Consent item #9) 2:49:22 Mr. Epple Mr. Epple stated that he thinks the Commission wanted to take this off the Consent agenda because it has to do with the Master Plan for the Norton East Ranch. The Commission has seen correspondence from concerned members of the public who suggest that the Cascade Street Easement be eliminated from the Master Plan. Their rationale is that the Cascade Street Easement as depicted on this Master Plan may not be in the correct location given future development proposals in the area. There may be a more desirable easement or street alignment in the future. 2:53:20 Cr. Kirchhoff Cr. Kirchhoff stated that his concern is exactly as Andy Epple described it. His preference is to eliminate Cascade Street. With a better alignment or a different future alignment, it could be made to work quite well with the development on the properties on the NW corner of Valley West. 11 2:58:00 Mr. Epple Mr. Epple clarified that Cr. Kirchhoff is just talking about the East-West section of Cascade Street, with the North-South section along the park to remain as depicted. He asked if Cr. Kirchhoff wants that to extend to the North property boundary. 2:58:27 Mayor Krauss Mayor Krauss stated that he wants it to continue to the boundary. Whatever they call that North- South street, it shouldn't be Cascade. All North-South streets should continue to the boundary. 3:00:17 Tom Henesh, Applicant Mr. Henesh, of Big Sky Land Consulting, spoke on behalf of the applicant, Norton Properties. He expressed his concerns about not acquiring the easement now (as the Annexation Agreement required, and the previous two public hearings they've had incorporated this 60 foot easement). It has been depicted on the Master Plan; they knew they needed to have it there. 3:07:34 Mayor Krauss Mayor Krauss stated that the entire East-West and North-South depiction on the map should be eliminated, recognizing that a road easement is still needed (or a local street will be designed). 3:07:55 Mr. Epple Mr. Epple stated that he wouldn't want this discussion to leave any impression that a parkway drive along the park and wetlands is not going to be a requirement in the future. He wanted the record to reflect that. 3:15:11 Motion and Vote to pass this item forward with the elimination of Cascade Street and the unnamed north-south street that borders the west side of the wetland park area. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to pass this item forward with the elimination of Cascade Street and the unnamed north-south street that borders the west side of the wetland park area. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Those passing being Cr. Rupp. The motion carried 4-0. 3:16:01 4B. Authorize City Manager to sign Norton East Ranch Annexation Public Street and Utility Easements (was Consent item #10) 3:16:04 Motion and Vote to pass this item forward with the elimination of Cascade Street and the unnamed north-south street that borders the west side of the wetland park area. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to pass this item forward with the elimination of Cascade Street and the unnamed north-south street that borders the west side of the wetland park area. 12 Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Those passing being Cr. Rupp. The motion carried 4-0. 3:16:29 4C. Provisionally adopt Ordinance No. 1704, Norton East Ranch Zone Map Amendment #Z-06121 (was Consent item #11) 3:16:32 Motion and Vote to provisionally adopt Ordinance No. 1704. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to provisionally adopt Ordinance No. 1704. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Those passing being Cr. Rupp. The motion carried 4-0. 3:17:15 5. Rialto Building Site Plan/Certificate of Appropriateness/Change in Use #Z- 07019 (Bristor) 3:17:20 Mayor Krauss opened this item and asked for public comment. Mayor Krauss asked for public comment. No person commented. 3:17:44 Motion to continue for three weeks. It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue at the request of the applicant #Z-07019 Rialto Building Site Plan/Certificate of Appropriateness/Change in Use for three weeks. 3:18:26 Mr. Epple Mr. Epple pointed out that the applicant specifically requested that it be continued to a date uncertain, and he suggested that it should be put out at least six weeks. 3:18:54 Amendment to Motion Cr. Jacobson amended the motion to continue the item for six weeks (June 18, 2007). It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue at the request of the applicant #Z-07019 Rialto Building Site Plan/Certificate of Appropriateness/Change in Use for six weeks (June 18, 2007). 3:19:36 Second to Cr. Jacobson's Amended Motion Cr. Becker seconded Cr. Jacobson's amended motion. 3:19:40 Vote to continue for six weeks. 13 [It was moved by Cr. Jacobson, seconded by Cr. Becker, to continue at the request of the applicant #Z-07019 Rialto Building Site Plan/Certificate of Appropriateness/Change in Use for six weeks (June 18, 2007).] Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 3:20:37 6. Story Mill Neighborhood Subdivision Pre-Application #P-04015 and Planned Unit Development Concept Plan #Z-06056 (Saunders) 3:21:16 Break 3:41:32 Chris Saunders, Assistant Planning Director Mr. Saunders presented the staff report. He stated that no action is required, but he asked that the Commission give comment and direction to the applicants. 4:04:52 Cory Ravniss, Applicant Mr. Ravniss, of Hyalite Engineers, briefly discussed concerns regarding traffic impacts. He wanted to assure the Commission that they are not overlooking anyone's concerns, and that they are certainly listening to neighbors. They are still working to finalize their traffic impact study (incorporating comments from several peer consultants). They are working on a preliminary engineering report for the NE neighborhood and Oak Street Connector Roadway Improvements alternatives. He showed a slide of five different options for a potential Oak Street Connector. They have invited neighbors in the NE neighborhood to have a facilitated discussion. 4:08:34 Steve Domreis, Applicant Mr. Domreis, of GBD Architects, presented the results of the second draft of the economic study: over the next 30 years they predict there will be $300 million in property taxes paid to the City of Bozeman. The Story Mill is 106 acres, with 50 acres of open space. There will 1,200 dwelling units (density of 22 units/acre), and 10% are within the affordable housing plan. There are 118,000 square feet of commercial space and 45,000 square feet of office space. They also have great LEED energy-saving aspirations for this project. 4:13:15 Craig Mendenhall, Applicant Mr. Mendenhall, of GBD Architects, stated that this whole design is really oriented around people. It is about the street level: creating walkable streets, encouraging community, reducing car dependence, and promoting street activity without cul-de-sacs. 4:29:08 Public Comment Mayor Krauss opened public comment. 4:29:20 Ted Lange - Public Comment Mr. Lange, of the Gallatin Valley Land Trust of 25 N. Willson, stated that the applicants have been good to work with. The most recent trail map looked quite good. GVLT wanted to be sure that on 14 the river that the trail continues on one side or the other to the southeast border of the property. He commented on the green line on the several transportation alternatives; that green line crosses a very large wetland next to the Village Downtown. There has been talk to make it into a public park with trails. It is a high quality wetland with remarkable diversity of wildlife and 82 species of birds. He urged the community and Commission to make sure all alternatives are fully studied and explored during the Transportation Plan Update. 4:30:46 Taylor Lonsdale - Public Comment Mr. Lonsdale, of 611 S 14th Avenue, stated that the more he hears presentations on this project, the more excited he gets about this possible addition to our community. He thinks the City is doing a great job building walkable, bikeable infrastructure in this town. Now we need to focus on bringing the land use online with making it walkable and bikeable. He is excited to see a mixed use project where people can live, work, and play in their own community without having to get into their car. 4:31:19 Public Comment closed. Mayor Krauss closed public comment. 4:31:31 Mayor Krauss Mayor Krauss offered comments and direction about deviations, a connector to the east, deconstruction of buildings, a renewal district, change of duration of approval, open space and parks, concurrent construction, private streets, level of service, and issues with Rouse. 4:35:18 Cr. Rupp Cr. Rupp shared his residential and industrial area concerns: private vs. public streets, ADU's, watercourse setbacks, affordable housing plan with CAHAB's assistance, the Community Development Block Grant, levels of service, and only 2 or 3 phases of concurrent construction. 4:38:07 Mayor Krauss Mayor Krauss stated that the tax increment district will need to be paid to the schools. 4:39:14 Cr. Kirchhoff Mr. Kirchhoff addressed fully functional private streets, a functional network of interconnected streets, parks and open space, concurrent construction, duration of approval, deviations, and watercourse setbacks. 4:42:05 Mr. Ravniss Mr. Ravniss clarified that if they do ask for a watercourse setback deviation, it will be for the Old Rendering Plant structure, a historically registered building that sits right next to the E. Gallatin River. 4:44:16 Mr. Mendenhall Mr. Mendenall stated that in order to do an average density of 22 units per acre, there are about 16 buildings in a 75 foot height range. 4:44:35 Cr. Kirchhoff 15 Cr. Kirchhoff stated that this is a significant advancement in the built environment (to build vertically), and he would like to see that work. It is a hopeful new standard if it is built well. 4:46:36 Cr. Jacobson Cr. Jacobson stated that she particularly likes their affordable housing plan because it yields more than 10% of their total units at an affordable level. She supports the urban renewal district. If this project gets referred to CAHAB, CAHAB is asking the applicant to adopt the Workforce Housing recommendations. 4:50:15 Cr. Becker Cr. Becker stated that he was having a hard time poking holes through the plan; a higher standard has been sought. He looks forward to the actual application and strongly suggests that the applicants yield to staff and advisory board recommendations when they come up. 4:51:50 Mr. Ravniss Mr. Ravniss stated that in order to put a shared use path along Bridger Drive (along the north end of the trailer park) they will need to tear down a significant amount of mature pine trees. They want the trail to be in the state highway right-of-way (not on their property) so they don't have to take down trees. He also urged the creation of a mixed use zoning ordinance so that they can reduce the amount of deviations from a few hundred to less than ten deviations. 4:2:57 Mayor Krauss Mayor Krauss wanted the trail to be built on their property. 4:53:08 Crs. Jacobson and Kirchhoff Crs. Jacobson and Kirchhoff wanted the trees to remain. 4:55:35 Mr. Kukulski Mr. Kukulski wanted to correct (for the record) the amount of revenue the Story Mill project would generate: it wouldn't generate $10 million in property taxes per year. 4:58:33 Mayor Krauss Mayor Krauss said that reports need to have the key issues identified on the first page. If they are in a back page, refer to the page number where they exist. It is fine if he is given a summary, but make sure the issues on the first page are identified and make reference to where they are in the summary and digital packet. 4:59:50 7. Award Bid for the Community Transportation Enhancement Program (CTEP) Project STPE 1299(18), Milwaukee Road Rail Trail and Library Site Enhancements (Folger) 5:00:09 Sara Folger, Grants Administrator Ms. Folger presented the staff report. 5:06:37 Public Comment Mayor Krauss opened public comment. 16 5:06:54 Ted Lange - Public Comment Mr. Lange, of the Gallatin Valley Land Trust of 25 N Willson, stated that next year will be the 30th anniversary of the very beginning of the Main Street to the Mountains Trail System. This will be the connection to Main Street for this trail system. They have been waiting a long time, it is a great design, and they hope the Commission supports it. 5:07:40 Public Comment closed. Mayor Krauss closed public comment. 5:08:12 Motion and Vote to award the contract for CTEP Project STPE 1299(18), Milwaukee Road Rail Trail and Library Site Enhancements to DLM Contracting and to approve authorizing the City Manager to approve procurement awards for "owner-supplied" items. It was moved by Cr. Becker, seconded by Cr. Rupp, to award the contract for CTEP Project STPE 1299(18), Milwaukee Road Rail Trail and Library Site Enhancements to DLM Contracting and to approve authorizing the City Manager to approve procurement awards for "owner-supplied" items. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 5:10:07 8. Appointment to the Recreation and Parks Advisory Board (Delaney) 5:13:13 Motion and Vote to appoint William VandenBos to the Recreation and Parks Board. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to appoint William VandenBos to the Recreation and Parks Board. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being Becker. The motion carried 4-1. 5:13:51 I. FYI/Discussion 5:14:14 Mr. Kukulski Mr. Kukulski gave the Commissioners a timeline for major facilities and construction projects over $1 million for 2007-2008, and offered to present it to the Commission at a meeting. 5:14:58 Mayor Krauss Mayor Krauss wanted to put that on the agenda as an action item. 5:15:03 Mr. Kukulski Mr. Kukulski stated that the Governor's proposed budget for the special session includes the $2.4 million of CALA reimbursement to the City. He announced that he will be conducting interviews 17 for an intern to work with the Mayors' Climate Protection Agreement and asked the Commission for their input about a task force. 5:17:23 Mayor Krauss Mayor Krauss wanted to advertise in the community for that task force. 5:18:06 Mr. Kukulski Mr. Kukulski confirmed the consensus of the Commission to work with the Clerk's office to advertise for the task force, and it will be placed on a future agenda to appoint the task force. 5:19:54 Anna Rosenberry, Finance Director Ms. Rosenberry informed the Commission that the bid opening for the parking garage is scheduled for 5 pm on Wednesday. 5:20:44 Cynthia Jordan Delaney, Deputy City Clerk Ms. Delaney reminded the Commission of the Thursday, May 10 Policy Meeting. She asked the Commission to confirm their cancellation of the May 18 Joint City-County Meeting. 5:21:00 Mayor Krauss and Cr. Kirchhoff Mayor Krauss and Cr. Kirchhoff stated that they will be absent for the May 10 Policy Meeting. 5:22:00 Mayor Krauss Mayor Krauss canceled the May 10 Policy Meeting and moved the topic of Glass Stockpiling to the May 24 Policy Meeting. 5:22:38 Mr. Epple Mr. Epple told the Commissioners that copies of the draft of the Impact Fee Studies for Water and Wastewater were included in their packets this week. 5:24:09 Cr. Becker Cr. Becker stated that an item on the Community Alcohol Coalition's agenda for tomorrow's meeting is the drug paraphernalia found in alleys in downtown Bozeman, as well tagging, graffiti, law enforcement, and issues that Bozeman is facing. 5:25:50 Cr. Becker Cr. Becker mentioned that there are a lot of issues with the impact fee reports, and the Impact Fee Advisory Board is split. Hopefully, this board can spend some time in advance to be able to respond to the Commission, and that may mean continuing a hearing. 5:28:07 Mayor Krauss Mayor Krauss said it is important to involve the Impact Fee Advisory Board one more time and have that conversation. 5:29:35 J. Adjournment Mayor Krauss adjourned the meeting at approximately 10:00 pm. 18 ______________________________________ Jeff Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 19 LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION POLICY MEETING BOZEMAN, MONTANA June 7, 2007 ***************************** The Commission of the City of Bozeman met in the City Commission Meeting Room, 411 East Main, on Thursday, June 7, 2007, at 12:00 pm. Present were Mayor Jeff Krauss, Cr. Steve Kirchhoff , Cr. Kaaren Jacobson, Cr. Sean Becker, Assistant City Manager Ron Brey, Assistant City Attorney Tim Cooper, Director of Public Safety – Police Mark Tymrak and City Clerk Brit Fontenot. A. Call to Order - 12:00 pm-1:30 pm - City Commission Meeting Room, City Hall, 411 East Main 0:21:59 B. Pledge of Allegiance and Moment of Silence 0:22:45 C. Authorize the absence of Commissioner Rupp 0:22:48 Motion and Vote to authorize the absence of Commissioner Rupp It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to authorize the absence of Commissioner Rupp. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried 4 - 0. 0:25:07 Public Comment Mayor Krauss called for public comment. No person commented. 0:25:15 E. Round Table Discussion 0:34:12 F. Policy Discussion 0:34:14 1. Police & Municipal Court Facility and Staffing Plans 0:40:08 Deputy Chief of Police Mark Lachapelle presented the staff report. 1:22:04 Mr. Tim Freesmeyer of Etico Solutions, Inc., consultant to the Bozeman Police Department, presented material and answered questions. 2:13:12 G. FYI/Discussion 9 2:13:09 H. Adjournment ______________________________ Jeffrey K. Krauss, Mayor ATTEST: ____________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Brit Fontenot, City Clerk Approved on ___________________________. 2 10 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian LaMeres, City Controller and Chris Kukulski, City Manager SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: June 18, 2007 BACKGROUND: Section 7-6-4301 MCA states that no claim may be paid by the City until that claim has been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present, and that the account coding is correct. RECOMMENDATION: The City Commission approve the claims for payment. FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Brian LaMeres, City Controller Approved by: Chris A. Kukulski, City Manager Report compiled on June 13, 2007 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PASSED ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereof held on the 2 ay of Julj 2007 JEFFERY K KRAUSS Mayor ATTEST BRIT FONTENOT City Clerk APPROVED AS TO FORM PAUL J LUWE City Attorney 4 39 40 41 42 43 44 45 46 47 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: Street Vacation Request – Portion of East Lamme Street MEETING DATE: June 18, 2007 RECOMMENDATION: Proceed with the vacation process: approve a Resolution of Intent (Commission Resolution 4028, attached) to vacate this right-of-way, and schedule a public hearing for July 16, 2007. BACKGROUND: An application was received from Paul N. Bockus to vacate the remaining portion of E. Lamme Street east of N. Broadway. The application was referred to staff, and no objections to the proposed vacation were received. Existing street conditions: The right-of-way is currently not used for vehicular traffic. The northerly portion of this right-of-way has been encroached upon and used as side yard for the property at 202 N. Broadway for many years. The right-of-way proposed for vacation is 60 feet wide and extends east from Broadway a distance of approximately 120 feet to meet with a previously vacated portion of Lamme Street. Impacts on private and public utilities: No objections to this proposed vacation were received from any private or public utility providers. Impact on traffic: Vacation of this right-of-way would not have any impact on existing traffic as the right-of-way is currently not used for roadway. There appears to be no need for this right-of-way to serve as access to properties farther east of Broadway. 48 Impact to Adjoining Property Owners: All of the adjoining property owners have consented to this proposed vacation. FISCAL EFFECTS: None identified. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager Attachments: Application for Street/Alley Vacation Commission Resolution No. 4028 Letters of consent Adjoiners list Report compiled on June 12, 2007 Cc: Debbie Arkell, Director of Public Service Rick Hixson, City Engineer Paul Luwe, City Attorney 49 Adjoiners List – E. Lamme Street Vacation Property Owner/Mailing Address Legal Description Paul N. & Ann L. Bockus Lot 14 Block 41 202 N. Broadway Northern Pacific Addition Bozeman, MT 59715 Laurence E. Pearson Tract 1, C.O.S. 2066, located in The Rookery LLC Block 33, Northern Pacific Addition P.O. Box 3666 Bozeman, MT 59772 BNSF Railway Northern Pacific Railway right-of- 2500 Lou Menk Drive, AOB-3 way, Northern Pacific Addition Fort Worth, TX 76131 50 COMMISSION RESOLUTION NO. 4028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate a portion of the street right-of-way for E. Lamme Street, has been filed with the City Clerk by Paul N. Bockus, owner of property abutting the street right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject street right-of-way can be vacated without detriment to the public interests; and WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman and the inhabitants therein that said right-of-way be vacated, provided that said vacation does not affect the right of any public utility to continue to maintain its plant and equipment in said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, to vacate the street right-of-way for a portion of E. Lamme Street, more particularly described as follows: BEGINNING at the southwest corner of Block 41, Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana; thence easterly along the south line of said Block 41 a distance of 120.6 feet more or less to the approximate westerly limit of the portion of Lamme Street vacated by Ordinance No. 148; thence southerly along said westerly limit the portion of Lamme Street vacated by Ordinance No. 148 a distance of 61.96 feet more or less to a point on the north line of Block 33 of said Northern Pacific Addition; thence westerly along said north line of Block 33 a distance of 120.6 feet more or less to the easterly line of Broadway; thence northerly along said easterly line of Broadway a distance of 61.96 feet more or less to the Point of Beginning, containing 0.17 acres, more or less. 51 The vacation shall not affect any existing rights-of-way or easements of any property owners or the right of any public utility to continue to maintain existing plant and equipment in the street right-of-way. Section 2 Notice That the City Clerk of the City of Bozeman is hereby directed to publish notice in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property owners, which notice shall state the time and place at which objections will be heard. Section 3 Time for Objections That the regular session of the City Commission of the City of Bozeman to be held at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, on Monday, the 16th day of July 2007, at the hour of 6:00 p.m. of said day is the time and place where and when the City Commission will hear all objections to the vacating of said street right-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of June, 2007. __________________________________________ ATTEST: JEFFREY K. KRAUSS, Mayor ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 52 NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 18th day of June 2007, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 4028, entitled: COMMISSION RESOLUTION NO. 4028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 16th day of July 2007, at 6:00 p.m. at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of the street right-of-way more particularly described in the Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 19th day of June 2007. _________________________________________ BRIT FONTENOT City Clerk Legal Ad Publish: Sunday, June 24, 2007 Sunday, July 1, 2007 53 54 "EXHIBIT APROPOSED STREET VACATIONCITY ENGINEERING OFFICE 6/07/071"=50' SCALE- STREET TO BE VACATEDBROADWAY LAMME STREET (VACATED)50'50'70'70'NORTHERN PACIFIC RAIL WAY RIGHT OF WAY APPROXIMATE W'LY LINE OF VACATED LAMME STREETPURSUANT TO ORDINANCE NO. 148EXISITING CREEKCLTRACKS AS FIELD LOCATED 120.6'120.6'BLK 41NOR. PAC. ADDITIONLAMME STREETTRACT 1 COS. 2066 BLK 33 NOR. PAC. ADDITION 61.96' 61.96'55 56 57 58 59 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jody Sanford, Senior Planner SUBJECT: Second Reading of Ordinance No. 1708 for #Z-06252, Davenport ZMA MEETING DATE: Monday, June 18, 2007 Consent Agenda Item for Second Reading RECOMMENDATION: The City Commission adopts and finally approves Ordinance No. 1708 on Second Reading. BACKGROUND: The Commission preliminarily approved the rezoning on January 8, 2007. The ordinance passed on first reading on June 4, 2007. UNRESOLVED ISSUES: None FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Jody Sanford at jsanford@bozeman.net if you have any questions prior to the public meeting. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Ordinance 1708 60 ORDINANCE NO. 1708 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON 24.99 ACRES LOCATED DESCRIBED AS TRACTS A AND B OF CERTIFICATE OF SURVEY NO. 500, THE ABANDONED DEDICATED ROADWAY AS DESCRIBED IN FILM 8, PAGES 911, RECORDS OF GALLATIN COUNTY, THE TRACT OF LAND DESCRIBED IN FILM 11, PAGE 789, RECORDS OF GALLATIN COUNTY, AND THE TRACT OF LAND DESCRIBED IN FILM 116, PAGE 2556, RECORDS OF GALLATIN COUNTY, SITUATED IN THE NE¼ OF THE SW¼ OF SECTION 35, TOWNSHIP 1S, RANGE 5E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of R-4 (Residential High Density District) on 24.99 acres has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 8, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved; and WHEREAS, after proper notice, the City Commission held its public hearing on December 19, 2006, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on January 8, 2007, the City Commission found that the proposed zone map amendment would be in compliance with the City of Bozeman Growth Policy and would be in the public interest. 61 2 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation shall be R-4 (Residential High Density District) for tracts of land described as Tracts A and B of Certificate of Survey No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of land described in Film 116, Page 2556, Records of Gallatin County, situated in the NE¼ of the SW¼ of Section 35, Township 1S, Range 5E, PMM, Gallatin County, Montana, and being more particularly described as follows: Beginning at the E1/16 corner of the SW1/4 of said Section 35, thence along the north boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land described in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of Gallatin County S89°17'59"W a distance of 1323.43 feet to the southeast corner of the tract of land described in Film 117, Page 3623, Records of Gallatin County; thence along the east boundary of the said tract of land and the tract of land described in Film 14, Page 1699, Records of Gallatin County N00°06'44"W a distance of 818.74 feet to the southwest corner of the tract of land described in Film 3, Page 49, Records of Gallatin County; thence along the south boundary of the said tract N88°58'36"E a distance of 1324.06 feet to a point on the west boundary of the Remainder of Lot 3 of Minor Subdivision No. 210; thence along the said west boundary S00°04'31"E a distance of 826.21 feet to the Point of Beginning. Said tract being 24.99 acres, along with and subject to any existing easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the day of , 2007. JEFFREY K. KRAUSS MAYOR 62 3 ATTEST: BRIT FONTENOT CITY CLERK PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the _____ day of __________________________ 2007. JEFFREY K. KRAUSS MAYOR ATTEST: BRIT FONTENOT CITY CLERK APPROVED AS TO FORM: PAUL J. LUWE CITY ATTORNEY 63 DAVENPORT ZONE MAP AllENDIlENT llllACl IIIID IIIACIB l MID UI lID lID wRrlY IIUII PMIIB 811 auu CCIQftI ftWlI IIID 11U111I PMII IRHDI IIIUOIIfCCIQftI MID IUCI UIID IIIIUII 11 PMII 01 Al1I CDOJIII IIIUlBD 11I1 01 IBI Bft ftIo P Al1I 0lRIIIft IIDIftJlU L iIII fIL IIC IC1lIC 10 i nt J PAa49 IctrrlLCIfU1tse R iii IIIEI i 1 I1IDlSIlfCKlfZl IirI m L ASkP9 w LJ T Jt a s F Ee n 15 i r5rriLr cc1RIlIIIMlI01attIIII 64 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Hattie Baker, Administrative Intern Chris Kukulski, City Manager SUBJECT: Staff recommendations for the Mayors Climate Protection Agreement Task Force (MCPATF). MEETING DATE: June 18, 2007 RECOMMENDATION: Approve the criteria for the subsequent appointment of a twelve (12) member Task Force on or before July 9, 2007 consisting of the following categories which will provide the Commission with broad and practical community input and professional advice: • Business/Building Industry (2 representatives) • Utility industry (1 representative) • MSU representative (1 representative) • Transportation (1 representative) • Scientists (2 representatives) • Environmental Organizations (2 representatives) • Non-Profits (2 representatives) • Citizen-at-large (1 representative) Staff recommends a twelve member Task Force. An even numbered membership on the MCPATF is important because of the sacrifice implicit in this agreement; consensus within the Task Force is preferable to a large silent minority. A staff member will facilitate discussion and provide the Task Force with information in order to make recommendations to the Commission for the Climate Action Plan. 65 The task force will work together with staff to: (1) Conduct a baseline inventory of city services (2) Establish a target to lower emissions (3) Develop a local Climate Action Plan (CAP) (4) Implement a local Climate Action Plan (5) Measure, verify and report performance BACKGROUND: On November 27, 2006, the Bozeman City Commission adopted the Mayors Climate Protection Agreement. The Mayors Climate Protection Agreement is a commitment by cities to take steps to reduce green house gas (GHG) emissions to 7 percent below 1990 levels by 2012 and implement local commitments for climate protection. In Montana, Bozeman joins Missoula and Billings along with 300 mayors in 46 states working towards climate protection. The commission directed staff to provide recommendations on how the task force should be set up and how many members should serve. On May 24, 2007, the city manager hired a full- time staff member who will work on the project to provide research and act as the facilitator for the task force. Presently, the city has joined ICLEI- Local Governments for Sustainability, which will provide the City with necessary software to begin a baseline emissions inventory of all city departments including city operations, land use, planning, solid waste, transportation, etc. More specifically, staff will work within the framework of the 2020 Community Growth Plan while measuring GHG’s through the use of building codes, Energy Star appliances, bio-diesel fleets, landfill methane recovery, waste to energy technology, energy efficient traffic lights, employee energy conservation, recycling rates, green rooftops, and more. In addition, the Climate Action Handbook prepared by the City of Seattle, the US Conference of Mayors, and ICLEI provides information on best practices in other cities which have adopted the proclamation. City staff has reached out to the community through the use of public service announcements, a display ad in the Bozeman Daily Chronicle, a web page on the city website, and emails to interested parties. To date, the city has received four applications. The application 66 deadline is June 22nd, 2007. We ask the Commission appoint the Task Force on or by July 9th, 2007 in order to begin reviewing the information provided by the GHG software. The recommendation made by the Task Force will have larger implications on overall City operations. Categories selected for the Task Force represent a broad spectrum of the community who can provide valuable insight into formulating a climate action plan. Research in other cities reveals that task force recommendations have sometimes taken up to two years to compile, present and adopt. Until the baseline emission inventory data is collected, it would be difficult to determine performance benchmarks at this time. Respectfully submitted, _________________________________ ____________________________ Hattie Baker, Administrative Intern Chris A. Kukulski, City Manager 67 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: 2007 Street Improvements – Contract Award MEETING DATE: June 18, 2007 BACKGROUND: Bids were opened June 5, 2007, for the 2007 Street Improvements Project. The project consists of cold milling and asphalt concrete overlays, and seal coat improvements. Work locations are shown on the attached vicinity maps. Three bids were received, with the low bidder being Big Sky Asphalt, Inc. of Bozeman in the amount of $287,945.31 (corrected amount, bidder’s bid form total was $287,944.71). The bid appears to be competitive with the low bid being approximately 10% below the construction estimate ($322,485.50). A copy of the Certified Bid Tabulation is attached. RECOMMENDATION: Authorize the City Manager to sign the Notice of Award to award the contract for the 2007 Street Improvements to Big Sky Asphalt, Inc. in the amount of $287,945.31. FISCAL EFFECTS: Funding source for the proposed work is the gas tax fund. The Street Superintendent has authorized using gas tax funds for this project. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager Attachments: Bid Tabulation Work Vicinity Maps Notice of Award (3) Report compiled on June 11, 2007 Cc: Debbie Arkell, Dir. of Public Service John VanDelinder, Street Superintendent Rick Hixson, City Engineer 68 69 NOTICE OF AWARD Dated: __________________________ TO: Big Sky Asphalt, Inc. ADDRESS: P.O. Box 835, Bozeman, MT 59771 PROJECT: City of Bozeman 2007 Street Improvements CONTRACT FOR: Seal Coat Improvements and Cold Milling and Hot Mix Asphalt Overlays You are notified that your Bid dated June 5, 2007, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Seal Coat Improvements and Cold Milling and Hot Mix Asphalt Overlays. The Contract Price of your Contract is: two hundred eighty seven thousand nine hundred forty five and 31/100 Dollars ( $287,945.31). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by . 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 8), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK ) DATE: _______________________________ 70 71 N 25TH AVE ANNIE ST W BEALL ST N 20TH AVE N 22ND AVE WESTERN DR ROSE ST N HUNTERS WAY MICHAEL GROVE AVE N 24TH AVE N 21ST AVE N SWEETGRASS AVE N 23RD AVE BROADWATER ST DAISY DR LILY DR SUNLIGHT AVE EMI LY DR MEGHANS WAY GOLDENROD LN STONE R I DGE DR SNAPDRAGON ST DAWS DR MOU NTAIN AS H AVE DAFFODIL ST TSCHACHE LN WHEELER DR N 19TH AVE CASCADE ST WOODLAND DR ASTER AVE BRENTWOOD AVE W MENDENHALL ST S HUNTERS WAY N 27TH AVE WILLOWBROOK GREENWAY AVE BUCKRAKE AVE C H ARLOTTE S T DOVE CT GENA CIR GROUSE CT L IL Y D R MAPLEWOOD ST OLIVER ST ORCHI D CT PETER PL W OAK ST N 19TH AVE W VILLARD ST HUNTERS WAY HARRIS ST ALLISON CT BARLEY AVE MCCORMICK ST CASE CT F A R M A L L S T SPRINGBROOK AVENEW HOLLAND DRCOMM ERCE WAYN 19TH AVE DURSTON RD N 25TH AVES TONERIDGE DRROGE R'S WAYA N N I E S T R O S E S T MERIWETHER AVECAMEAHWAIT ST ROSECT DROULLIARD AVEW STEVENS ST CHASE WAY GREENWAY CT JOHN DEER ST CATERPILLAR ST HARMON WAYDURHAM AVE N 22N D AVE W I N D S O R S T W OAK ST N 27TH AVEN 27TH AVEN 27TH AVETSCHACHE LN BUCKRAKE AVEGALE CTTEMPEST CTBREEZE LN COBBLESTONE PL RENOVA LN DAVIS LN FOWLER AVE VALLEY DR BITTERROOTWAY JENNIFER WAY BEAVERHEAD ST CHRISTOPHER WAY2007 STREET IMPROVEMENTSSEAL COAT APPLICATIONSWORK LOCATION MAP PG 1 WORK LOCATIONS . 72 W MAIN ST HUFFINE LN N 25TH AVE N 19TH AVE ANNIE ST W BEALL ST N 17TH AVE S 20TH AVE S 23RD AVE N 20TH AVE N 22ND AVE WESTERN DR ROSE ST FOWLER AVE N HUNTERS WAY MICHAEL GROVE AVE N 24TH AVE N 21ST AVE N SWEETGRASS AVE N 18TH AVE N 16TH AVE N 23RD AVE BROADWATER ST WILDA LN DAISY DR LILY DR SUNLIGHT AVE E MI LY DR JEFFERSON TRL MEGHANS WAY YERGER DR GOLDENROD LN LARAMIE DR STONE R I DGE DR S 16TH AVE SNAPDRAGON ST GOLDEN VALLEY DR EDELWEISS DR DAWS DR MOU NTAIN AS H AVE DAFFODIL ST POND ROW BLACKMORE PL DITEMAN WAY S 18TH AVE S 17TH AVE S 16TH AVE N 19TH AVE CASCADE ST WOODLAND DR ASTER AVE LAREDO DR BRENTWOOD AVE VIRGINIA WAY W OLIVE ST W MENDENHALL ST S SWEETGRASS AVE S HUNTERS WAY N 27TH AVE WILLOWBROOK WEST COLLEGE TRAILER PARK TRPK WAGON WHEEL TRAILER COURT TRPK GREENWAY AVE BRIDGER TRL BUCKRAKE AVE C H ARLOTTE S T DOVE CT F O R T B E N T O N T R L GENA CIR GRANT CHAMBERLAIN D R GROUSE CT KATHRYN CT LEWIS A ND CLARK TRL LI LLI AN WAY L IL Y D R MARILYN CT MONTREUX ST NORMANDY ST OLIVER ST ORCHI D CT PETER PL PROFESSIONAL DR ST ESTEPHE DR TECHNOLOGY BLVD SW BABCOCK ST S 19TH AVE W VILLARD ST HUNTERS WAY WHITE OAK DR SILVER MAPLE DR HARRIS ST BARLEY AVE OLIVINE ST CAHILL ST CRAB TREE ST CASE CT F A R M A L L S T SPRINGBROOK AVENEW HOLLAND DRN 19TH AVE FALLON ST W DICKERSON ST DURSTON RD W COLLEGE ST N 25TH AVES TONERIDGE DRROGE R'S WAYA N N I E S T R O S E S T MERIWETHER AVECAMEAHWAIT ST YORK ST ROSECT DROULLIARD AVEW STEVENS ST S 2 2 ND AVECHASE WAY NELSON TRAILERCOURT TRPK GREENWAY CT TERRACE AVE NELSON TRAILER COURT TRPK CATERPILLAR ST HARMON WAYDURHAM AVEMAGDALENEWAYDONNA AVE N 22N D AVE W I N D S O R S T FOWLER AVE VALLEY DR BITTERROOTWAY JENNIFER WAY BEAVERHEAD ST CHRISTOPHER WAY2007 STREET IMPROVEMENTSSEAL COAT APPLICATIONSWORK LOCATION MAP PG 2 WORK LOCATIONS . 73 S 19TH AVE W COLLEGE ST W KOCH ST S 11TH AVE S 4TH AVE S 5TH AVE S 6TH AVE S WILLSON AVE S CHURCH AVE S GRAND AVE W STORY ST S 8TH AVE S 15TH AVE W KAGY BLVD W ALDERSON ST S 7TH AVE S ROUSE AVE W GRANT ST S 9TH AVE S 10TH AVE S BLACK AVE W LINCOLN ST W HARRISON ST WESTRIDGE DR WAGONWHEEL RD ARNOLD ST W GARFIELD ST S 14TH AVE S TRACY AV E FAIRWAY DR E STORY ST W HAYES ST E GARFIELD ST L OMAS D R FIELDSTONE DR W SPRING CREEK DR S BOZEMAN AVE OXFO RD DR HOFFMAN DR HIGHLAND CT W DICKERSON ST S 12TH AVE SECOR AVE CONCORD DR COLTER AVE LEXINGTON DR SU N DANCE DR CANDY LN FIELDSTONE DR KENYON DR LINDLEY PL CIRCLE DR ICE POND RD STAUDAHER ST S 16TH AVE SPRING MEADOWS DR S 13TH AVE TAI LN ACCOLA DR W MASON ST CUTTING ST STADIUM DR E COLLEGE ST HERITAGE DR S 18TH AVE S 17TH AVE E HARRISON ST RITTER DR TESLOW DR W CLEVELAND ST E LINCOLN ST S 8TH AVE S 3RD AVE GRAF ST SOU R D O U G H R D SPRING CR EEK DR S 13TH AVE S 7TH AVE S 3RD AVE E KAGY BLVD S 12TH AVE S 16TH AVE W GARFIELD ST S 14TH AVE S TRACY AVE W LINCOLN ST LANGOHR AVE ARTHUR ST GREEK WAY S MONTANA AVE HILL ST PARK PL DELL PL ALDER COURT LN FOX CT S TRACY A VE S BLACK AVE S 7TH AVE E KOCH ST E DICKERSON ST E CLEVELAND ST E ALD ERSON ST LLOYD ST ALLEN DR ANALYSIS DR ARIANNA WAY BILLION PL BOB C AT CIR BOGERT PL BONNER LN BRADLEY RD CAMBRIDGE DR C A R O L P L ERWIN AVE FOX HOLLOW WAY GLACIER CT GOPHER ST GRANT CHAMBERLAIN D R HEALY AVE JEFFERSON CT LA NDOE AVE MADISON CT MAPLE LN MORROW ST OVER BROOK D R REMINGTON WAY S CHURCH AVE S 19TH AVE WILLOW WAY S 1 2 TH AVE DEER ST S 6TH AVE E MASON ST S 19TH AVE W CLEVELAND ST BRANEGAN CT HENDERSON ST GRAF STW DICKERSON ST S 3RD AVE S CHURCH AV E G R E E N M O R E C TE FIELDVIEW CIRC OTTAGE LNSPRINGCREEK DR PAISLEYCT JULIA MARTIN DR MCINTOSH CT W FIELDVIEW CIRCAMBRIDGE DRHILLCREST DRGARDENBROOK LN O CO N N E L L D R SUMMERSET DRHIDDEN SPRINGS LNNOSTALGIA LN MATHEW BIRD CIR SILVERWOOD DR NASH CREEK LN OPPORTUNITY WAYUNIVERSITY WAYS 11TH AVES 11TH AVES 11TH AVEMADRONA LNALDER CREEK DR BROOKDALE DR 2007 STREET IMPROVEMENTSCOLD MILLING HOT MIX OVERLAYSWORK VICINITY MAP WORK LOCATIONS . 74 75 76 77 78 79 80 81 CONTRACT AGREEMENT FLOOR PLAN DRAFTING FOR EXISTING CITY OF BOZEMAN FACILITIES THIS CONTRACT AGREEMENT is dated as of the 18th day of June in the year 2007 by and between CITY OF BOZEMAN hereinafter called OWNER and BEAUSOLEIL DESIGN, INC. here in after called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 Drafting AutoCAD format digital drawings of floor plans for existing OWNER facilities. 1.2 The OWNER will provide the CONTRACTOR the following information required for the project: Existing hard-copy floor plans Article 2. CONTRACT TIME. 2.1 The Work will be completed within forty-five (45) calendar days after the date of this agreement. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum of two-thousand ($2,000) dollars for the electronic drawings. Article 4. PAYMENT PROCEDURES. 4.1 Payment will be provided within thirty (30) days upon completion of the deliverables. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. No item that is required by Contract for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the contract. All work not specifically set forth as a pay item herein shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the contract price. 1 82 Article 5. CONTRACTOR’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 5.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. Article 6. WARRANTY AND GUARANTEE. 6.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted. Article 8. MISCELLANEOUS. 8.1 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.2 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of the Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel. 8.3 This agreement contains the full understanding of the parties. Any amendment of modifications of the Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of the Agreement. 8.4 The CONTRACTOR hereby agrees to indemnify and hold the OWNER harmless, including attorney’s fees, from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in performing the work required. 2 83 Said attorney’s fees may include the costs and salary paid by OWNER to City Attorney or other in-house counsel. 8.5 ATTORNEY FEES. In the event it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees to be set by the Court. Said attorney’s fees may include the costs and salary paid by OWNER to the City Attorney or other in-house counsel. 8.6 OWNER must obtain written approval from CONTRACTOR for any subsequent use of any products resulting from this contract. The CONTRACTOR is and shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The CONTRACTOR shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workman’s compensation and unemployment insurance. 3 84 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Beausoleil Design, Inc. (Contractor) By ___ ____________ Title Amy Beausoleil, Owner City of Bozeman (Owner) By __ ____________ Title Chris A. Kukulski, City Manager SEAL AND ATTEST: By __________________ Title Brit Fontenot, Clerk of Commission STATE OF MONTANA ) : ss. COUNTY OF GALLATIN ) 4 85 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: Public Access Easement, Library Approach MEETING DATE: June 18, 2007 Consent Agenda RECOMMENDATION: Authorize the City Manager to sign the easement. BACKGROUND: Due to the required configuration of the Main Street driveway approach to the new Library, a portion of the approach had to encroach a few feet onto the adjoining property owned by Simgraf Corporation (the Nash Finch building). Simgraf was receptive to this and has agreed to grant an easement for this encroachment. FISCAL EFFECTS: None identified. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager Attachments: Public Access easement Report compiled on 6/13/07 Cc: ERF 86 PUBLIC ACCESS EASEMENT Simgraf Corporation, GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, a public access easement for a driveway for the use of the public in, through, and across a strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 2A-1 of Amended Plat C-5-B, Block C, Rouses First Addition, City of Bozeman, Gallatin County, Montana The easement is more particularly described as follows: Beginning at the northeast corner of said Lot 2A-1; thence southerly along the east line of said Lot 2A-1 a distance of 5 feet; thence northwesterly a distance of 7.1 feet more or less to a point on the north line of said Lot 2A-1; thence easterly along the north line of said Lot 2A-1 a distance of 5 feet to the point of beginning, as shown on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR warrants that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 20 . By: Grantor: Simgraf Corporation 87 CORPORATE: STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of Simgraf Corporation and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Simgraf Corporation . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 ACCEPTED: __________________________ CITY OF BOZEMAN by __________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T. FONTENOT, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 88 "EXHIBIT APUBLIC ACCESS EASEMENTCITY ENGINEERING OFFICE 6/12/071"=50' SCALE195.1'LOT 2A-1AMENDED PLATC-5-BBLOCK C R OUSE'S 1ST ADDITION CITY OF BOZEMAN(LIBRARY)E. MAIN STREETSEE DETAIL AWALLACE AVE.PUBLIC ACCESSEASEMENT5'5'7.1'N.E. CORNERLOT 2A-1DETAIL A89 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk Chris Kukulski, City Manager SUBJECT: Resolution 4029 / SILD #698 Alder Creek Sub Phases 4 & 5 MEETING DATE: June 18, 2007 BACKGROUND: The attached resolution, Resolution 4029, 7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property RECOMMENDATION: Adopt Commission Resolution No. 4029. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ___________________________________ __________________________________ Deanna Shannon Chris A. Kukulski, City Manager Special Assessment/SID Accounting Clerk Attachment: Commission Resolution No. 4029 90 COMMISSION RESOLUTION NO. 4029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 698 (ALDER CREEK PHASES 4 & 5) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1. Intention to Create District; Proposed Improvements. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve the Alder Creek Subdivision, Phases 4 & 5 (the “District”) for the purpose of installing certain lighting fixtures and paying annual ownership, maintenance and energy costs. Pursuant to an agreement (the “Agreement”) between the City and Northwestern Energy (the “Company”), the Company will install, maintain and provide energy for nine (9) Decashield 400 Luminaire lights (the “Fixtures”) for both phases, all nine (9) will be 100-watt fixtures mounted at 25 feet; at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per Fixture per month (the “Monthly Charge”) are as follows: $36.40, for a monthly total of $327.60. The initial Monthly Charge is based on price of Fixtures quoted by manufacturer as of the date hereof, which are subject to increase on 30 days notice prior to placing an order. The Monthly Charge is composed of a capital charge for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission, the rates for each component of which will be shown on the Company’s Schedule No. ELDS-1. The costs of the Improvements will be payable from special assessments to be levied against property in the District. Section 2. Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 698 (Alder Creek Subdivision Phases 4 & 5) of the City of Bozeman, Montana. Section 3. Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). - 1 - 91 Section 4. Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibits A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5. Assessment Methods. All properties within the District are to be assessed for a portion of the costs of the Improvements, as specified herein. The costs of the Improvements shall be assessed against the property in the District benefiting from the Improvements, based on the actual area method of assessment described in Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5. The annual costs of the Improvements at the initial Monthly Charge is $3,931.20 per year, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 12.00 acres, or 522,720,.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $327.60 or $0.007521 per square foot annually. Section 6. Payment of Assessments: Amount of Assessments. Special assessments for the annual costs of the Improvements in the total initial amount of $3,931.20, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $2,500 for publication, mailing and legal review associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in an additional cost, the first year not to exceed $208.34 per acre, or $0.004783 per square foot. Section 7. Extraordinary Repair or Replacement. The costs of the Improvements and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for extraordinary repair and/or replacement pursuant to the Agreement. The Company may make an additional charge to the City for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8. Discontinuation of District. The City is obligated under the Agreement to maintain the District for seven years. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. - 2 - 92 Section 9. Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of making the Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the expiration date of said 15-day period (July 9, 2007) written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on July 9, 2007, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Section 10. Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on June 24 and July 1, 2007, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of June 2007. ____________________________________ JEFF KRAUSS, Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney - 3 - 93 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 4029, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 698 (ALDER CREEK SUBDIVISION PHASES 4 & 5) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on June 18, 2007, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 18th day of June 2007. ___________________________________ Brit Fontenot City Clerk 94 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 698 (ALDER CREEK SUB PHASES 4 & 5) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on June 18, 2007, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution 4029, a Resolution of Intention to Create Special Improvement Lighting District No. 698 (the “District”) for the purpose of financing the costs of installing lighting improvements (the “Improvements”) to serve the Alder Creek Subdivision Phases 4 & 5, and paying ownership charge, maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) is on file with the City Clerk which more specifically describes the nature of the Improvements, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. Pursuant to an agreement (the “Agreement”) between the City and Northwestern Energy (the “Company”), the Company will install nine (9) Decashield 400 Luminaires (the “Fixtures”), all nine (9) will be 100-watt fixtures mounted at 25 feet; at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are as follows: $36.40, for a monthly total of $327.60. The Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for operation and maintenance of the Improvements. The Monthly Charge may be increased as approved by the Montana Public Service Commission. All properties in the District will be assessed for their proportionate share of the costs of the Improvements as an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $3,931.20 per year for the entire District. The total area of the District to be assessed is 12.00 acres, or 522,720.00 square foot, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $327.60 or $0.007521 per square foot. On an average size lot of 7,000 square feet the annual estimated cost would be $52.65, which is payable semiannually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $208.34 per acre, or $0.004783 per square foot. On Monday, July 9, 2007, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District, or the Improvements. 95 Written protests against the creation or extension of the District and the Improvements may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, July 9, 2007. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by telephone at (406) 582-2320. Dated: June 18, 2007 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Brit Fontenot City Clerk Legal Ad Publication Dates: Sunday, June 24 & Sunday, July 1, 2007 96 AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Brit Fontenot, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in Re to the owners in Special Improvement Lighting District No. 698, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, June 22, 2007, directed to the owners at the addresses shown on Exhibit "B". ________________________________ Brit Fontenot City Clerk Subscribed and sworn to before me this 22nd day of June 2007. (Notarial Seal) ________________________________ Printed name ___________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: __________ 97 98 99 100 101 102 103 Report compiled on June 13, 2007 Commission Memorandum REPORT TO: Honorable Mayor & City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Baxter Creek Growth Policy Amendment Application #P-07019 RESOLUTION OF INTENT MEETING DATE: Monday, June 18, 2007 CONSENT AGENDA ITEM RECOMMENDATION: The City Commission approves Commission Resolution No. 4031 and holds the public hearing for consideration of Growth Policy Amendment P-07019. BACKGROUND: The proposed amendment would amend the growth policy land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from “Business Park” to “Community Commercial” for 12.83 acres. The site is situated along the north side of Huffine Lane/Highway 191 approximately ¾ of a mile west of the intersection with Cottonwood Road. At the June 5, 2007 public hearing of the City of Bozeman Planning Board a motion to approve said Growth Policy Amendment failed on a vote of 1-7. The Commission must adopt a resolution of intention to amend the growth policy prior to conducting its public hearing on said matter. UNRESOLVED ISSUES: There are no unresolved issues at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any questions prior to the public hearing. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Draft Resolution of Intent to Amend the Growth Policy 104 - 1 - COMMISSION RESOLUTION NO. 4031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP, FROM “BUSINESS PARK” TO “COMMUNITY COMMERCIAL” FOR 12.83 ACRES ON PROPERTY WHICH IS DESCRIBED AS THE W½ SE¼ SE¼ OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., LESS HIGHWAY RIGHT-OF-WAY OF C.O.S. NO. 1005, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, Planning staff has processed an application for a Growth Policy Amendment to amend the Bozeman 2020 Community Plan for 18.23 acres lying along the north side of Huffine Lane/Highway 191 approximately ¾ of a mile west of the intersection with Cottonwood Road; and WHEREAS, the application for a Growth Policy Amendment would amend the land use designation, as shown on the Future Land Use Map, from “Business Park” to “Community Commercial” for 12.83 acres; and WHEREAS, the Planning staff assessed the application in light of the criteria set forth for review of Growth Policy Amendments contained in the Bozeman 2020 Community Plan; and WHEREAS, the City of Bozeman Planning Board conducted a public hearing on an application for said amendment at its regular meeting held on June 5, 2007, taking into careful consideration the criteria set forth for review of Growth Policy Amendment applications; and WHEREAS, a majority of the membership of the City of Bozeman Planning Board was not able to find that the application complies with the approval criteria established in Section 2.4.1 of the Bozeman 2020 Community Plan, and that the proposed amendment would constitute an overall improvement to the Plan; and WHEREAS, subsequent to its public hearing, with a vote of 1 in favor and 7 against, the motion to the Bozeman City Commission that the application to change the land use designation be approved, failed; and 105 - 2 - WHEREAS, the City Commission is scheduled to conduct its public hearing on said amendment at its regular meeting held on June 18, 2007, to consider the applicant's request to amend the Bozeman 2020 Community Plan. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that it intends to revise the Bozeman 2020 Community Plan by amending the land use designation, as shown on the Future Land Use Map, from “Business Park” to “Community Commercial” for 12.83 acres on property lying along the north side of Huffine Lane/Highway 191 approximately ¾ of a mile west of the intersection with Cottonwood Road. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the of 2007. _______________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 106 Report compiled on June 6, 2007 Commission Memorandum REPORT TO: Honorable Mayor & City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Schroeder Growth Policy Amendment Application #P-07016 RESOLUTION OF INTENT MEETING DATE: Monday, June 18, 2007 CONSENT AGENDA ITEM BACKGROUND: The proposed amendment would amend the growth policy land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from “Industrial” to “Residential” for 7.38 acres. The site is located on North 27th Avenue in Phase 3 of the Cattail Creek Subdivision. At their June 5, 2007 public hearing the City of Bozeman Planning Board voted 9 in favor and 0 against to forward a recommendation of approval. UNRESOLVED ISSUES: There are no unresolved issues at this time. RECOMMENDATION: The City Commission approves this Resolution of Intent to Amend the Growth Policy. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any questions prior to the public hearing. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Draft Resolution of Intent to Amend the Growth Policy 107 - 1 - COMMISSION RESOLUTION NO. 4032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO AMEND THE LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP OF THE BOZEMAN 2020 COMMUNITY PLAN, FROM “INDUSTRIAL” TO “RESIDENTIAL” FOR THE ENTIRE 7.388-ACRE SUBJECT PROPERTY, WHICH IS DESCRIBED AS LOTS 2, 3, 4, AND 5, BLOCK 3, CATTAIL CREEK SUBDIVISION PHASE 3, CITY OF B, SITUATED IN THE NORTHEAST ONE- QUARTER OF SECTION 23, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, Planning staff has processed an application for a Growth Policy Amendment to amend the Bozeman 2020 Community Plan for 7.388 acres lying on the eastside of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue; and WHEREAS, the application for a Growth Policy Amendment would amend the Future Land Use Map of the Bozeman 2020 Community Plan from “Industrial” to “Residential” for the entire 7.388 acres of the subject property; and WHEREAS, the Planning staff assessed the application in light of the criteria set forth for review of Growth Policy Amendments contained in the Bozeman 2020 Community Plan; and WHEREAS, the City of Bozeman Planning Board conducted a public hearing on an application for said amendment at its regular meeting held on June 5, 2007, taking into careful consideration the criteria set forth for review of Growth Policy Amendment applications; and WHEREAS, the City of Bozeman Planning Board found that the application complies with the approval criteria established in Section 2.4.1 of the Bozeman 2020 Community Plan, and that the proposed amendment does constitute an overall improvement to the Plan; and WHEREAS, subsequent to its public hearing, the City of Bozeman Planning Board voted, on a vote of 9 to 0, to forward a recommendation for approval of the requested amendment in land use designation; and WHEREAS, the City Commission is scheduled to conduct its public hearing on said amendment at 108 - 2 - its regular meeting held on June 18, 2007, to consider the applicant's request to amend the Bozeman 2020 Community Plan. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that it intends to amend the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from “Industrial” to “Residential” for the entire 7.388 acres lying on the eastside of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue; in the Bozeman 2020 Community Plan. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th of June 2007. _______________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 109 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: For the Special Presentation: Bozeman Intermodal Parking Facility Parking Garage Financing and Timeline MEETING DATE: June 18, 2007 Timeline for Financing of the Base Parking Garage Monday, June 18, 2007: Award Base Bids. Begin Staging and Construction. July 2007: Begin drawing on Federal Award – Direct, as invoices are due. Prepare Federal Award – GANs private placement memorandum and agreements. Closing date dependant on project cash flow needs; close when necessary. Invest GANs proceeds in STIP or Agency Bonds until needed. August 2007: Receive Taxable Value of TIF and prepare bond sale documents. September 2007: Close TIF BONDS on September 17, 2007. Invest TIF BONDS proceeds in STIP or Agency Bonds until needed. May 2008: Construction Complete. October 2008: Draw from FY08 Federal Appropriation to pay 1st Installment on GANs. October 2009: Draw from FY09 Federal Appropriation to pay 2nd Installment on GANs. 110 Description of Financing Instruments: Federal Award – Direct: This represents two of the four years’ (FY2006 and FY2007) Federal Transit Authority (FTA) Appropriations. These amounts have been printed in the Federal Register, dated March 23, 2007, for the Bozeman Montana-Intermodal and Vehicular Parking Facility. Total allocation is $1,910,339, and can be drawn against as soon as the City begins incurring costs for garage construction. Federal Award – GANS: This represents the Grant Anticipation Notes we will be issuing related to the FY2008 and FY2009 Federal Transit Authority Appropriation. We expect we will need the cash from these appropriation amounts by April 2008, many months before the FTA will release the funds. Because of this cash flow issue, we will sell notes via a private placement (large institution, etc.) in September 2007. The notes will be structured to mature when the FTA appropriations can be accessed. We expect to net, after interest and sale costs, $1,971,105 from these notes. TIF BONDS: This represents a very conservative estimate of what will be available for construction as a result of TIF Bonds, issued after the FY2008 TIF valuation is received in August 2007. The par amount of the bonds is estimated to be $5,315,000, with $370,000 going to a debt service reserve account, and $141,000 for the underwriters discount and costs of issuance. The term of the bonds will be 25 years, with an average coupon life of 15 years and an average coupon rate estimated at 4.85%. This will leave $4.8 Million for construction of the facility. Interest Earnings during Construction: Once the GANS and BONDs are issued, proceeds not needed for immediate payment will be invested in either the State Short Term Investment Pool or agency bonds. We conservatively estimate earnings from these investments to provide $130,000 for during the construction period. TIF CASH: The TIF Fund currently holds approximately $480,000. Of this amount, it is estimated that we will need $460,000 to fund the Base Bid project. If the TIF BOND and/or the Interest Earnings During Construction amounts are higher than expected, we may be able to adjust the TIF CASH requirement down, preserving money in the TIF Fund for other uses. Timeline for Financing of the Alternate 1 (Additional ~105 spaces) June – July 2007: Prepare and distribute a Request for Proposals to sell the approximate 10,000 square feet of retail space in the facility. Evaluate Proposals and make a decision on sale of retail space. Enter into purchase/sale agreement. August 2007: With retail space purchase agreement and funding timeline in hand, award construction of Alternate 1. 111 Total Project Costs and Sources of Funds: Base Alt 1 Alt 2 Total Project Cost 9,257,926 1,291,663 6,047 Source of Funds Federal Award - Direct 1,901,339 Federal Award - GANS (net of interest cost) 1,971,105 TIF BONDS 4,800,000 Interest Earnings During Construction 130,000 TIF CASH 460,000 Proceeds from Sale of Retail 1,291,663 6,047 TOTAL FUNDS AVAILABLE 9,262,444 1,291,663 6,047 Difference between Costs & Funds Available 4,518 0 0 112 OPERATIONS PLAN FINAL 6-18-07 Bozeman Garage - Bozeman, Montana Hours of Operation:8:00 a.m.to 10:00 p.m.(Monday through Saturday) Number of Parking Spaces:335 (Phase 1) 435 (Phase 2) Phase 1 Projected Annual Revenue:$161,860.80 Projected Annual Expenses:$150,774.18 Proj. Net Operating Income:$11,086.62 Proj. Net Oper. Income / Space:$33.09 Phase 2 Projected Annual Revenue:$218,020.80 Projected Annual Expenses:$165,773.04 Proj. Net Operating Income:$52,247.76 Proj. Net Oper. Income / Space:$120.11 Does not include maintenance reserve (est. $75 per space). Debt Service to be paid via TIF District budgets. Page 1 113 OPERATIONS PLAN FINAL 6-18-07 Bozeman Garage - Bozeman, Montana Hours of Operation:8:00 a.m.to 10:00 p.m.(Monday through Saturday) Number of Parking Spaces:335 (Phase 1) 435 (Phase 2) Projected User Groups: Phase 1 Phase 2 Monthly Parking 272 272 spaces Transient Parking 63 163 spaces 335 435 Total Projected Parking Rates: Transient Parking:$0.50 per hour (Maximum $5.00 per day) Monthly Parking: Regular:$35.00 per month Basement:$45.00 per month (Assumes reserved parking) Rooftop:$35.00 per month (Lower rooftop rate) Projected Income: Transient Parking:Assumptions - Average rounded stay of 3 hours, turnover of 2 vehicles per space, 60% utilization, no validations. Free Parking Time = 0 Hours Phase 1 # of Spaces X Utilization %=Spaces Util. 63 0.6 38 Spaces Util.X Turnover X 3 Hour Rate =Projected Revenue 38 2 $1.50 $113.40 (Daily) Projected Annual Transient Revenue (Phase 1):$35,381 Phase 2 # of Spaces X Utilization %=Spaces Util. 163 0.6 98 Spaces Util.X Turnover X 3 Hour Rate =Projected Revenue 98 2 $1.50 $293.40 (Daily) Projected Annual Transient Revenue (Phase 2):$91,541 Monthly Parking: Regular # of Spaces X Utilization %X Monthly Rate X 12 Months =Annual Revenue 70 1 $35.00 12 $29,400.00 Basement # of Spaces X Utilization %X Monthly Rate X 12 Months =Annual Revenue 102 1 $45.00 12 $55,080.00 Rooftop # of Spaces X Utilization %X Monthly Rate X 12 Months =Annual Revenue 100 1 $35.00 12 $42,000.00 Projected Annual Monthly Revenue:$126,480.00 Total Projected Annual Income (Phase 1):$161,860.80 Revenue per Space:$483.17 Total Projected Annual Income (Phase 2):$218,020.80 Revenue per Space:$501.20 Projected Revenue - First Full Page 2 114 OPERATIONS PLAN FINAL 6-18-07 Bozeman Garage - Bozeman, Montana Hours of Operation:8:00 a.m.to 10:00 p.m.(Monday through Saturday) Number of Parking Spaces:335 (Phase 1) 435 (Phase 2) Projected Staffing Needs: # Staff Est. Hrs. per week Payrate Cost per week Cashiers 4 92 $10.00 $920 (1 full-time, 3 part-time - w/ Breaks) Bookkeeper 1 10 $15.00 $150 (2 hrs. - 5 days per week) Manager 1 15 $20.00 $300 (3 hrs. - 5 days per week) Maint.(Porters)1 12 $10.00 $120 (2 hrs. - 6 days per week) Total Cost per Week:$1,490 Subtotal Annual Staffing Costs:$77,480 Payroll Expenses (includes taxes, benefits, etc.):25% Total Annual Staffing Costs:$96,850 Typical Operating Expenses (Est. Annual Expense): Phase 1 Phase 2 Est. Cost per Space Maintenance Supplies $2,131 $2,767 $6 Operations Supplies $6,677 $8,670 $20 Office Supplies $811 $1,053 $2 Uniforms $750 $750 NA Postage $821 $1,066 $2 Sweeping $2,921 $3,793 $9 Snow Removal $1,621 $2,105 $5 Utilities $20,100 $26,100 $60 Insurance $4,868 $6,321 $15 Equip. Maintenance $1,216 $1,579 $4 Landscaping $1,216 $1,579 $4 Elevator Maint.$4,057 $5,268 $12 Miscellaneous $2,345 $3,045 $7 (Includes marketing) Total Op. Expenses:$49,533 $64,095 Total Projected Facility Expenses: One Year Inflation Total Proj. Expenses Phase 1 X 3%=$150,774.18 One Year Inflation Total Proj. Expenses Phase 2 X 3%=$165,773.04 Phase 1 Phase 2 Total Projected Facility Expenses per Space:$450.07 $381.09 $146,382.70 Subtotal Subtotal $160,944.70 Projected Expenses - First Full Page 3 115 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Finance Director James Goehrung, Superintendent of Facilities Chris Kukulski, City Manager SUBJECT: Award of Base Bids for Construction of the Bozeman Intermodal Facility. MEETING DATE: June 18, 2007 BACKGROUND: The City has advertised for and received bids on the Bozeman Intermodal Facility, in accordance with federal Disadvantaged Business Enterprise, Civil Rights and Davis Bacon Wage requirements. Martel Construction is the Construction Manager (general contractor) for the project. Bids were requested for the following elements: Base Bids: Basement, Main Floor, and two levels of parking. This totals approximately 335 parking spaces, and includes construction of the retail condominium shells on the main floor, street-side. Alternates 1&2: Additional level of parking, totaling approximately 105 spaces. Elevator and masonry work for future phases. Bid Tabulation Sheets are on file in the City Clerk’s office. The Bid Summary Sheet identifies the low bidder for each bid package. 116 As detailed at the bottom of the Bid Summary Sheet, we have secured funding for the Base Bid project. We are asking to award this Base Bid tonight, so that site staging and construction can begin as soon as possible. Money for construction of the Alternates is not in hand at this point, but would most likely come from the sale of the retail condominiums. The Parking Commission and the City plan to pursue the sale of the retail condominiums in the next weeks. Once a sales commitment is in place, we would return to this Commission to award the bids for the Alternates, hopefully in August 2007. RECOMMENDATION: Award the Base Bid for construction of the Bozeman Intermodal Facility to Martel Construction in the amounts listed on the June 11, 2007 Bid Day Summary Sheet. FISCAL EFFECTS: $9.2 million will be spent to construct the Base Bid Intermodal Parking Facility projects. Full funding of the project will come from the Federal Award, issuance of Grant Anticipation Notes for the FY08 & FY09 Federal Award, Tax Increment Financing (TIF) Bonds, Interest earnings during the construction period, and TIF Cash on Hand. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Anna Rosenberry, Finance Director James Goehrung, Superintendent of Facilities Chris A. Kukulski, City Manager Attachment: Bid Day Summary Construction Cash Flow Projection 117 Bozeman Intermodal Facility June 11, 2007 Bid Day Summary Martel Construction, Inc. Bid Day Bid Day Bid Day Base Bid Alternate 1 Alternate 2 General Requirements 1A General Requirements, Bonds & G/L Insurance 456,872 94,000 0 Martel 456,872 Site Work 2A & 2B Site Clearing, Building Earthwork & Site Utilities 717,780 0 0 Walker 2C Site Concrete 116,688 0 0 JTL 2D Trees & Irrigation - ALLOWANCE 15,000 0 0 ALLOWANCE 2E Asphalt Paving 56,886 0 0 Gallatin Asphalt 2F Traffic Control Plan, Signage Etc. 198,366 0 0 Montana Lines Concrete Work 3A Concrete Work 3,080,000 673,000 0 Martel Masonry 4A Masonry 835,000 196,051 4,560 Anderson Metals 5A Supply Steel Package 472,175 44,000 0 Martel (Steel West) 5B Install Steel Package 234,000 35,000 0 Martel (Struct. Sys.) Carpentry 6A Supply & Install Finish Carpentry & Casework 6,000 0 0 Martel (Stahl) Thermal & Moisture 7A Metal Wall & Soffit Panels 94,215 0 0 Tri-Jack 7B & 7C EPDM Roofing / Sheet Metal Flashing & Trim 107,398 0 0 Missoula Sheet Mtl. 7D Joint Sealants 26,000 5,000 0 Martel (Rollinger) Doors, Frames & Hardware 8A Supply & Install Doors, Frames, Hardware 49,000 11,000 0 Martel (Kalmont) 8B Aluminum Storefronts & Glass & Glazing 191,200 30,965 0 Valley Glass Finishes 9A Metal Studs, Insulation, Carpentry, Drywall, Tape & Finish 244,630 28,480 0 Martel (w/ subs) 9B Acoustical Panel Ceilings 3,000 0 0 Martel (Empire) 9C Resilient Wall Base 600 0 0 Rich's 9D Painting 59,928 15,225 0 T & L Painting Specialties 10A Supply & Install Division 10 Specialties 1,500 0 0 Martel (w/ suppliers) Parking Control Equipment Supply & Install Parking Control Equipment by Owner by Owner Hoisting 14A Hydraulic Elevators 160,000 24,788 1,227 Gallatin Elevator 100,000 Mechanical Complete 15A Mechanical - Plumbing, HVAC & Fire Protection 461,000 12,000 0 Williams P & H 629,910 Electrical 16A Electrical, Fire Alarm & Communication Complete 573,000 47,393 0 Valley Electric 535,950 Trade ContractorBid Packages Page 1 of 2118 Bozeman Intermodal Facility June 11, 2007 Bid Day Summary Martel Construction, Inc. Bid Day Bid Day Bid Day Base Bid Alternate 1 Alternate 2 Trade ContractorBid Packages Total Bid Packages 8,160,238 1,216,902 5,787 Construction Indirect Costs Construction Management Services (6% base, 4.5% Alt.)489,614 54,761 260 Paid Direct by The City of Bozeman Building Permits 40,453 Impact Fees 172,709 Commissioning - if Required 0 Material Testing 0 Builders Risk 9,584 Utility Line Relocation - Allowance 200,000 Parking Control Equipment - Allowance 135,328 Subtotal 558,074 Total Indirect Costs 1,047,688 54,761 260 Total Construction Costs & Indirect Costs 9,207,926 1,271,663 6,047 Construction Contingency - James to Administer 50,000 20,000 0 Total Project Cost 9,257,926 1,291,663 6,047 Source of Funds Federal Award - Direct 1,901,339 Federal Award - GANS (net of interest cost) 1,971,105 TIF BONDS 4,800,000 Interest Earnings During Construction 130,000 TIF CASH 460,000 Sale of Retail 1,291,663 6,047 TOTAL FUNDS AVAILABLE 9,262,444 1,291,663 6,047 Difference between Costs & Funds Available 4,518 0 (0) Page 2 of 2119 Bozeman Intermodel FacilityCash Flow Projections7.13.07Martel Construction, Inc.Base BidAlternate No. 1 & 2 Combined Combined%9,257,926.00$ %1,297,710.00$ MonthlyAccumulatedMonthly Draw Accumulated Monthly Draw Accumulated1 May-07 0% -$ -$ 0% -$ -$ -$ -$ 2 Jun-07 5% 462,896.30$ 462,896.30$ 0% -$ -$ 462,896.30$ 462,896.30$ 3 Jul-07 8% 740,634.08$ 1,203,530.38$ 0% -$ -$ 740,634.08$ 1,203,530.38$ 4 Aug-07 10% 925,792.60$ 2,129,322.98$ 8% 103,816.80$ 103,816.80$ 1,029,609.40$ 2,233,139.78$ 5 Sep-07 10% 925,792.60$ 3,055,115.58$ 10% 129,771.00$ 233,587.80$ 1,055,563.60$ 3,288,703.38$ 6 Oct-07 10% 925,792.60$ 3,980,908.18$ 22% 285,496.20$ 519,084.00$ 1,211,288.80$ 4,499,992.18$ 7 Nov-07 12% 1,110,951.12$ 5,091,859.30$ 35% 454,198.50$ 973,282.50$ 1,565,149.62$ 6,065,141.80$ 8 Dec-07 10% 925,792.60$ 6,017,651.90$ 20% 259,542.00$ 1,232,824.50$ 1,185,334.60$ 7,250,476.40$ 9 Jan-08 8% 740,634.08$ 6,758,285.98$ 5% 64,885.50$ 1,297,710.00$ 805,519.58$ 8,055,995.98$ 10 Feb-08 7% 648,054.82$ 7,406,340.80$ 0% -$ 1,297,710.00$ 648,054.82$ 8,704,050.80$ 11 Mar-08 6% 555,475.56$ 7,961,816.36$ 0% -$ 1,297,710.00$ 555,475.56$ 9,259,526.36$ 12 Apr-08 5% 462,896.30$ 8,424,712.66$ 0% -$ 1,297,710.00$ 462,896.30$ 9,722,422.66$ 13 May-08 5% 462,896.30$ 8,887,608.96$ 0% -$ 1,297,710.00$ 462,896.30$ 10,185,318.96$ 14 Jun-08 4% 370,317.04$ 9,257,926.00$ 0% -$ 1,297,710.00$ 370,317.04$ 10,555,636.00$ 100% 9,257,926.00$ 100% 1,297,710.00$ 10,555,636.00$ 120 Commission Memorandum Memorandum created on June 11th 2007 REPORT TO: Honorable Mayor & City Commission FROM: Allyson C. Bristor, Associate Planner SUBJECT: Rialto Building SP/COA/Change in Use #Z-07019 MEETING DATE: Monday, June 18th 2007 RECOMMENDATION: To allow the applicant additional time to submit revised application materials, the City Commission shall open and continue the Rialto Building Site Plan/Certificate of Appropriateness/Change in Use application (#Z-07019) to the public hearing scheduled for Monday, July 9th 2007. BACKGROUND: The original application requested the following alterations to the property: 1) interior and exterior remodel, 2) third and fourth floor addition, 3) reuse of the existing building to establish retail on the ground floor, offices on the second floor and residential on the new third and fourth floor and 4) related site improvements. Due to concerns about the design of the proposal, property owner Sue Doss and representative Frank Cikan requested an extension of their application review to June 18th 2007. The applicants need additional time to submit revised application materials and now are requesting to open and continue the City Commission public hearing to July 9th 2007. UNRESOLVED ISSUES: The applicant requested the schedule change on June 7th 2007. Planning Staff is not aware of any unresolved issues at this time. FISCAL EFFECTS: The development, if carried forward, will require infrastructure and site improvements to meet City standards that will be the responsibility of the applicant. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Allyson Bristor at abristor@bozeman.net if you have any questions prior to the public meeting. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 121 Report compiled on June 11, 2007 Commission Memorandum REPORT TO: Honorable Mayor & City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Schroeder Growth Policy Amendment Application #Z-07016 MEETING DATE: Monday, June 18th, 2007 RECOMMENDATION: The City Commission approves this application, with the contingencies listed on Page 7 of the Staff Report #P-07016. BACKGROUND: The applicant is proposing to amend the City of Bozeman growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Industrial to Residential for 7.388 acres of land located on the east side of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue, in the Cattail Creek Subdivision. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 122 PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. #P-07016 SCHROEDER GROWTH POLICY AMENDMENT #P-07016 Schroeder GPA Staff Report 1 Item: Growth Policy Amendment Application #P-07016, to amend the growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Industrial to Residential for 7.388 acres. Owner/Applicant: Schroeder Homes, Inc. 350 High K Street Belgrade, MT 59714 Representative: Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, MT 59715 Date/Time: Before the Bozeman Planning Board on Tuesday, June 5, 2007 at 7:00 in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman. Before the Bozeman City Commission on Monday, June 18, 2007 at 6:00 PM in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman. Report By: Martin Knight, Assistant Planner Recommendation: Approval with contingences __________________________________________________________________________________ PROJECT LOCATION AND MAP The subject property is legally described as lots 2, 3, 4, & 5, Block 3, Cattail Creek Subdivision Phase 3, City of Bozeman, Gallatin County, Montana; and located in the NW ¼ of Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana. The site is generally situated on the east side of North 27th Avenue, just north of the intersection of Catron Street and North 27th Avenue. The subject property is currently zoned M-1 (Light Manufacturing District). The subject property is approximately 7.388 acres in size. Please refer to the vicinity map on Page 2. 123 PROPOSAL AND BACKGROUND INFORMATION The applicant is proposing to amend the growth policy by changing the land use designation, as shown on the Future Land Use Map of the Bozeman 2020 Community Plan, from Industrial to Residential for 7.388 acres. The subject property is currently annexed and vacant. ZONING DESIGNATION & LAND USES Again, the subject property currently has a M-1 (Light Manufacturing District) zoning designation. The following land uses and zoning are adjacent to the subject property: North: Vacant; annexed and zoned B-2 (Community Business District). South: Vacant; annexed and zoned M-1 (Light Manufacturing District). East: Costco/Commercial uses; annexed and zoned B-2 (Community Business District). West: Vacant land and residential uses; annexed and zoned R-0 (Residential Office District). If successful in obtaining this growth policy amendment, the applicants will likely move forward with a zone map amendment to obtain a zoning designation of R-O. GROWTH POLICY DESIGNATION The subject property currently has a growth policy designation of Industrial. This designation is described as follows: Industrial. This classification provides areas for the heavy uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In #P-07016 Schroeder GPA Staff Report 2 124 order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and should meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. The applicant is proposing to change the land use designation for the 7.388 acre subject area from Industrial to Residential. The Residential designation is described as follows: 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 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. The following growth policy designations are adjacent to the subject property: East: Costco/Commercial uses; designated Regional Commercial and Services. North: Vacant; designated Regional Commercial and Services. The Regional Commercial and Services classification is described as follows: Regional Commercial and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for just Bozeman. The Bozeman Deaconess Hospital is an example of a facility with a regional impact. Because of the draw from outside consumers of these services, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. #P-07016 Schroeder GPA Staff Report 3 125 South: Vacant; designated Neighborhood Commercial. The Neighborhood Commercial designation is described as follows: Neighborhood Commercial. The smallest scale of the commercial land use designations is, as its name implies, oriented at serving the needs of neighborhoods. This category is typified by smaller scale shops and services and a high level of pedestrian, bicycle, and transit opportunities. Neighborhood Commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate the provision of services and opportunities to persons without requiring the use of an automobile. Activities commonly expected in this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small restaurants, and residences above other activities. Multiple story buildings are encouraged to establish a unique visual character to these areas. West: Vacant land and residential uses; designated Residential. The Residential classification is described as follows: 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 According to Section 2.4.1 of the 2020 Plan, any proposed amendment must be approved by an affirmative vote of a majority of the total membership of the City Commission. The burden of proof for the desirability of a proposed amendment and its compliance with the criteria listed below lies with the applicant. Unless all criteria are successfully met, and compliance with the criteria below is supported by demonstrable facts, an amendment shall not be approved. #P-07016 Schroeder GPA Staff Report 4 126 A. The proposed amendment cures a deficiency in the growth policy or results in an improved growth policy which better responds to the needs of the general community. The four lots proposed to be designated “Residential” were originally designated “Industrial” in the Bozeman 2020 Community Plan and the Cattail Creek Subdivision Plan. As the surrounding areas have continued to develop, it has become apparent that these lots are more conducive to a residential and/or mixed use type of development. With the approval of the Cattail Creek Phase 3 Growth Policy Amendment (#P-04017) in 2004, the precedence was set for the reclassification of the “Industrial” strip in the Cattail Creek Subdivision. The designation of property to the south of the subject properties was changed from “Industrial” to “Neighborhood Commercial”. This growth policy amendment is being sought to facilitate the expansion of residential development in the Cattail Creek Subdivision. Therefore, a change in the subject property’s land use designation would satisfy several goals and objectives of the Bozeman 2020 Community Plan, including: • Goal 6.6.1 – Objective 6. Support infill development which respects the context of the existing development which surrounds it. • Goal 6.6.2 – Objective 1. Develop a land use pattern oriented on half mile radius neighborhood service centers incorporating employment, recreation, and residential uses. Approval of this amendment would focus housing development into a location that would be more compatible with and supportive to the commercial uses to the east (Gallatin Center), and the planned neighborhood commercial area to the south. Furthermore, given the proximity to existing residential uses, community trails, community transportation options, and potentially, a future elementary school, staff finds approval of this application would result in an improved growth policy which better responds to the needs of the general community. A residential designation can be implemented by numerous zoning districts. All have defined standards for yard setbacks, open area, and height. A separate zone map amendment requesting an initial municipal zoning designation of R-O has been submitted. If this amendment is approved by the City Commission they will have an opportunity to consider with much greater detail the appropriate density and scale of development through the zone map amendment. B. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals; if inconsistencies are identified, then additional changes must be provided to remove the inconsistencies. Staff finds that this amendment would be consistent with several goals and objectives contained in the 2020 Plan. C. The proposed amendment must be consistent with the overall intent of the growth policy. There are six basic ideas which form a foundation for the land use policies contained in the 2020 Plan including Centers, Neighborhoods, Sense of Place, Integration of Action, Natural Amenities, and Urban Density. Staff finds that the amendment to be consistent with respect to these ideas. 1. Centers. The first concept that the 2020 Plan promotes is the idea of centers over #P-07016 Schroeder GPA Staff Report 5 127 corridors. Parks, such as those in the Cattail Creek Subdivision, can be centers. The proposed amendment would eliminate the possibility of this tract becoming a part of the existing center; however, the amendment would add residential development near an existing center. 2. Neighborhoods. This idea encourages new development to be part of a larger whole rather than just anonymous subdivisions. Creating neighborhoods instead of subdivisions can help provide a sense of familiarity and intimacy that can be lacking in new development. Given the adjacency of a neighborhood commercial node, staff finds that residential development on this property may yield itself to the type of neighborhood development that is desired. During future review (zone map amendment, site plan, etc.), Staff could impose conditions such as trail connections and open spaces that would help integrate this property with the surrounding area. 3. Sense of Place. This idea advocates the incorporation of features which provide organization and landmarks, such as parks and commercial centers, in new development to help extend Bozeman’s sense of place as the City grows. Through the development of the Cattail Creek Subdivision, the natural landscape of this property has been altered. No prominent natural features and/or landmarks exist on this property. Given the development surrounding this property, staff finds that development of this tract would not detract from Bozeman’s sense of place. 4. Integration of Action. This idea is that land use policy should be integrated with and supported by all other City policies and programs. The proposed amendment would not affect integration of action. 5. Natural Amenities. This concept stresses protection of the natural amenities surrounding Bozeman. Catron Creek, located along the eastern property boundary, is certainly included in this category. Development of this property will not be detrimental to the Catron Creek Corridor. Again, during subsequent review (zone map amendment, site plan, etc.), the protection of this creek corridor, and the integration of trail connections and open spaces to enhance this area, will be addressed through conditions of approval. 6. Urban Density. The 2020 Plan advocates the idea of urban density. Density is fundamental to the efficient and cost-effective provision of urban services, multi-modal transportation and a compact development pattern. This growth policy amendment would increase the number dwelling units for this property which is within the 2020 Boundary. D. The proposed amendment will not adversely affect the community as a whole or significant portion by: 1. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of this plan. The 2020 Plan promotes the development of urban density neighborhoods with neighborhood commercial centers, or other amenities such as parks, to provide #P-07016 Schroeder GPA Staff Report 6 128 neighborhood cohesion and maintain the City’s sense of place. This amendment would allow increased density for a tract adjacent to a neighborhood commercial center and nearby park facilities. 2. Requiring unmitigated larger and more expensive improvements to streets, water, sewer or other public facilities or services and which, therefore, may impact development of other lands. AND 3. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services. Based on comments from the Development Review Committee, this amendment would not result in any adverse impacts to streets, water, sewer, or other public facilities or services. 4. Negatively affecting the livability of the area or the health and safety of the residents. This proposed amendment would not have any adverse impacts upon public health and safety. STAFF FINDINGS/CONCLUSION Planning Staff has reviewed this application for a growth policy amendment against the criteria set forth in Section 2.4.1 (Criteria for Review and Amendment) of the Bozeman 2020 Community Plan. If the Planning Board and City Commission find that the proposed Growth Policy Amendment meets the review criteria and results in an improved growth policy, Staff recommends the following contingencies: 1. The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled “Schroeder Growth Policy Amendment” to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The recommendation of the Bozeman Planning Board will be forwarded to the Bozeman City Commission for consideration at its public hearing on June 18, 2007. The City Commission will make the final decision on the application. PUBLIC COMMENT No public comment has been received to date. Any written comments received after the date of this Staff Report will be distributed at the Planning Board and/or City Commission hearings. #P-07016 Schroeder GPA Staff Report 7 129 ATTACHMENTS Applicant’s submittal – The applicant’s response to the growth policy amendment criteria and exhibits. REPORT SENT TO Schroeder Homes, Inc., 350 High K Street, Belgrade, MT 59714 Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715 #P-07016 Schroeder GPA Staff Report 8 130 chroeder GPA Planning Board Resolu RESOLUTION NO. P-07016 NSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., ------------------------------------------------------------------------------------------------------------------- REAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604, CA; and by Resolution of the ozeman City Commission as provided for in Title 76-1-101, M.C.A.; and n on the Future Land Use Map Figure 6-2, from “Industrial” to “Residential” on 7.388 acres; and NW¼ of Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana; and t forth in Section 2.4 of the Bozeman 2020 Community Plan nd Section 76-1-602, MCA; and receive and review all written and oral testimony on the request for a text mendment; and WHEREAS, no written or oral testimony was received prior to or at the public hearing; nd ing Board considered the required review criteria and whether the application satisfied them; and S tion RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING APPROVAL OF AMENDING FIGURE 6-2 OF THE BOZEMAN 2020 COMMUNITY PLAN TO CHANGE THE LAND USE DESIGNATION FROM “INDUSTRIAL”TO A "RESIDENTIAL” DESIGNATION ON 7.388 ACRES ON PROPERTY WHICH IS DESCRIBED AS LOTS 2, 3, 4, AND 5, BLOCK 3, CATTAIL CREEK SUBDIVISION PHASE 3, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA; AND LOCATED IN NW¼ OF SECTION 35, TOW GALLATIN COUNTY, MONTANA -- WHE M WHEREAS, the City of Bozeman Planning Board has been created B WHEREAS, the property owner, Schroeder Homes, Inc., 350 High K Street, Belgrade, MT, 59714, and representative, Intrinsik Architecture, Inc., 428 E. Mendenhall Street, Bozeman, MT 59715, have made application to amend Figure 6-2 of the Bozeman 2020 Community Plan. The proposed amendment would change the growth policy land use designation, as show WHEREAS, The subject property is generally located on the eastside of North 27th Avenue just north of the intersection of Catron Street and North 27th Avenue, and is legally described as Lots 2, 3, 4, and 5, Block 3, Cattail Creek Subdivision Phase 3, City of Bozeman, Gallatin County, Montana; and located in WHEREAS, the proposal has been properly submitted, reviewed, and advertised in accordance with the procedures se a WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, June 5, 2007, to a a WHEREAS, after the Plann 131 NOW, THEREFORE, BE IT RESO LVED, that the City of Bozeman Planning Board, on a vote f 9-0, recommends to the Bozeman City Commission that growth policy amendment ATED THIS 19th DAY OF JUNE 2007 Resolution No. P-07016 ___ __ ____ J.P. Pomnichowski, President City of Bozeman Department of City of Bozeman Planning Board Planning and Community Development o application P-07016 be approved. D ___________________________ _ ____________________________ Andrew Epple, Planning Director 132 within cattail creek subdivision PHASE III JANUARY 2007 applicant: SCHROEDER HOMES, INC. prepared by: GROWTH POLICY AMENDMENT 133 Page 1 Appropriate Review Fee Submitted 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 DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman 2020 Community Plan Designation: 134 Page 2 (Development Review Application – Prepared 11/25/03) 11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet: 13. Is the Subject Site Within an Overlay District? Yes, answer question 13a No, go to question 14 13a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 14. Will this application require a deviation(s)? Yes No 15. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development, approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: 135 Page 3 (Growth Policy Text or Map Amendment Checklist – Prepared 12/08/03; revised on 9/20/04) GROWTH POLICY TEXT AND MAP AMENDMENT CHECKLIST This checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Amendment Type. What type of amendment is being requested? (check all that apply) Growth Policy Text Amendment Growth Policy Map Amendment B. Growth Policy Amendment Criteria. For Growth Policy Text or Map Amendments, written responses for each of the following criteria shall be provided. Are written responses for the following criteria provided? Growth Policy Amendment Criteria Yes No N/A 1. The proposed amendment cures a deficiency in the growth policy or results in an improved growth policy which better responds to the needs of the general community. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the map or between goals; if inconsistencies are identified then additional changes must be provided to remove the inconsistencies. 3. The proposed amendment must be consistent with the overall intent of the growth policy. 4. The proposed amendment will not adversely affect the community as a whole or significant portion by: a. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of this plan. b. Requiring unmitigated larger and more expensive improvements to streets, water, sewer, or other public facilities or services and which, therefore, may impact development of other lands. c. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services. d. Negatively affecting the livability of the area of the health and safety of the residents. 136 Schroeder Cattail Property Growth Policy Map Amendment Application 3230, 3266, 3342 & 3374 North 27th Avenue - Bozeman January 2007 Growth Policy Amendment Narrative 1. The proposed amendment cures a deficiency in the growth policy or results in an improved growth policy which better responds to the needs of the general community. The proposed Growth Policy Map Amendment (GPMA) would better respond to the needs of the community by providing the opportunity for quality high density residential and office mixed use development within Bozeman city limits in close proximity to existing and future commercial uses and varied transportation options. The amendment would also improve overall neighborhood compatibility for Cattail Creek Subdivision and the greater neighborhood. The four lots proposed to be designated “Residential” (and subsequently zoned R-O) were originally designated “Industrial” in the Bozeman 2020 Community Plan and the Cattail Creek Subdivision Plan; however, as the surrounding land uses continue to develop, it is apparent that these lots are more conducive to a high-density residential mixed-use project. The 2020 Plan states: “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.” Approval of this amendment would focus housing development into a location that would be more compatible with and supportive of the commercial uses to the east (Gallatin Center) and south (planned for Neighborhood Commercial), the residential uses across North 27th Avenue (including 36 Restricted Size Units), and the potential elementary school site to the north. These varied uses can all be accessed by the existing sidewalks and trail network. Also, the subject properties are within walking distance to the Streamline bus stop on Max Avenue. One of the key goals of the 2020 Plan is the creation of urban density: “Fundamental to the efficient and cost-effective provision of urban services, multi-modal transportation oriented development, and a compact development pattern is a concentration of persons and activities….Multifamily housing units more efficiently use City services, and therefore are less expensive to serve. Multifamily housing consumes less raw ground to provide the same number of units, therefore curbing the conversion of greenfields to urban development. There is a need for more diverse housing development options for incoming and existing citizens in proximity to the commercial uses in this area. The development of this property for primarily residential uses will provide for needed housing diversity and a range of unit prices which should result in a 137 neighborhood of diverse socio-economic status. With a potential new elementary school within walking distance, families will have the significant convenience of not having to drive their children to the school. Based on existing and future land uses, wide-ranging transportation options, and overall neighborhood compatibility, the best use of these four lots is residential. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the map or between goals; if inconsistencies are identified then additional changes must be provided to remove the inconsistencies. This GPMA would not create inconsistencies within the growth policy. Future development will maintain and impose the goals and objectives of the growth policy by the creation of quality residential and potentially mixed-use properties and open spaces in a location that is logical to support commercial uses and that is in close proximity to the existing city boundaries and major infrastructure and thoroughfares. 3. The proposed amendment must be consistent with the overall intent of the growth policy. This amendment supports the goals of the growth policy in the following ways: a. With this growth policy amendment and the application of established ordinances and subdivision covenants and design guideline, future development will result in the creation of quality high-density residential uses with the potential for mixed uses such as offices. This will augment the development of “urban density” and provide continuity and compatibility with the developing neighborhood which is a primary goal of the growth policy. b. Residential development and a subsequent zoning designation of Residential Office will allow for high density housing and offices in an area appropriate for such development. A quality project can be constructed while maintaining and enhancing natural features with planned open space and landscaping which is another primary goal of the 2020 Plan. 4. The proposed amendment will not adversely affect the community as a whole or significant portion by: a. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of this plan. The development of this property for higher-density residential use is in accordance with the goals and objectives of the Bozeman 2020 Plan and the Cattail Creek Subdivision Plan. This proposal seeks to decrease the intensity of use from “Industrial” to “Residential” which will in turn enhance neighborhood compatibility. The subject property is already buffered from the adjacent large-scale commercial development by a trail corridor, creek, and what has become mature 138 vegetation and has adequate area to provide additional buffering in the rear yard. A residential development, with the potential for offices, will create an enhanced streetscape more in tune with the developing residential uses across North 27th Avenue. By continuing and enhancing pedestrian connections to neighboring commercial areas, a high-density residential project can be designed to provide the greatest advantage for both nearby residents and business owners. b. Requiring unmitigated larger and more expensive improvements to streets, water, sewer, and other public facilities or services and which, therefore, may impact development of other lands. North 27th Avenue is already constructed to a collector standard, except for sidewalks which will be completed with a future project, and water and sewer capacity exists to serve these lots. As required, all improvements associated with the development will be paid for by the land owner (developer). A quality completed project will prove to be a significant asset for both the neighboring properties and the community. c. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services. The existing uses will not be adversely affected. The proposed land use designation will be more compatible with the neighborhood by creating more housing (and potential offices), more open space, and more connectivity to adjacent parcels. Through careful site design, building, and adhering to restrictions in the Unified Development Ordinance and the Cattail Creek covenants and design guidelines, these properties can be exemplary of appropriate development located in an expanding area of the city. d. Negatively affecting the livability of the area of the health and safety of the residents. Amending the growth policy to allow for high-density residential and office mixed-use development at the northeast corner of Cattail Creek Subdivision instead of industrial development will enhance the livability and safety of residents. Proximity to both established and future commercial development and other neighborhood amenities cause these four lots to be desirable for residential development. The potential negative effects of industrial uses such as traffic, deliveries, emissions, and light and noise pollution can be undesirable adjacent to residential development without careful and precise mitigation. Although these types of mixed uses can certainly coexist, residential development on the subject properties is a natural fit and the additional landscaping and open space that would be required with a residential development, as opposed to an industrial development, will serve to enhance the neighborhood. 139 Schroeder Cattail Property Growth Policy Amendment 3230, 3266, 3342, 3374 North 27th Avenue Adjoining Property Owners List George & Suzan Frye P.O. Box 3214 Bozeman, Montana 59772 SanDan, LLC P.O. Box 1254 Bozeman, Montana 59771 James, Jan, & Jason Schwartz 88 W. Katina Court Bozeman, Montana 59718 Capstone Partners, LLC 1226 Stoneridge Drive, Suite C Bozeman, Montana 59718 Bozeman School District #7 P.O. Box 520 Bozeman, Montana 59771-0520 Richard & Bonny Milligan P.O. Box 210 Willow Creek, MT 59760 Cape France Enterprises 2220 W. Main Street Bozeman, MT 59718 Cutthroat Partners, LLC 300 E. Griffin Drive Bozeman, MT 59715 Costco Wholesale Corp. Property Tax Department 96 999 Lake Drive Issaquah, WA 98027 Dayton Hudson Corp. Target Corp T1237 c/o Property Tax Office P.O. Box 9456 Minneapolis, MN 55440 140 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) 141 CATTAIL CREEK VICINITY MAP NTS N GROWTH POLICY AMENDMENT/ ZONING MAP AMENDMENT SCHROEDER CATTAIL PROPERTY JANUARY 2007 142 EXHIBIT “A”CURRENT 2020 LAND USE DESIGNATIONSGROWTH POLICY AMENDMENTSCHROEDER CATTAIL PROPERTYNOTES: The Bozeman 2020 Future Land Use Map designates the property as “Industrial”. For reference purposes only; drawing is not to scale. N SCHROEDER-CATTAIL PROPERTY 143 EXHIBIT “B”PROPOSED 2020 LAND USE DESIGNATIONGROWTH POLICY AMENDMENTSCHROEDER CATTAIL PROPERTYNOTES: The proposed amendment would designate the property “Residen- tial”. For reference purposes only; drawing is not to scale. N SCHROEDER-CATTAIL PROPERTY 144 145 146 147 GROWTH POLICY AMENDMENT/ ZONING MAP AMENDMENT SCHROEDER CATTAIL PROPERTY JANUARY 2007 VICINITY AERIAL, IMAGE 1 VICINITY AERIAL, IMAGE 2 148 LOOKING EAST FROM NORTH 27TH AVENUE LOOKING WEST ACROSS NORTH 27TH AVENUE GROWTH POLICY AMENDMENT/ ZONING MAP AMENDMENT SCHROEDER CATTAIL PROPERTY JANUARY 2007 149 LOOKING NORTH FROM NORTH 27TH AVENUE LOOKING SOUTH GROWTH POLICY AMENDMENT/ ZONING MAP AMENDMENT SCHROEDER CATTAIL PROPERTY JANUARY 2007 150 151 152 153 154 155 156 157 158 159 160 161 162 CITY OF BOZEMAN – RESIDENTIAL AND PUBLIC LANDS/INSTITUTIONS ZONING DISTRICTS (CHAPTERS 18.16, 18.22 AND 18.24, BOZEMAN UNIFIED DEVELOPMENT ORDINANCE) Principal Uses Conditional Uses Accessory Uses Lot Coverage/Floor Area Lot Area Lot Width Yards Building Height R-S (Residential Suburban District) Agricultural uses on 2.5 acres or more; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings Accessory dwelling units; agricultural uses on 2.5 acres or less; bed and breakfast; commercial stable; community centers; community residential facilities; cooperative housing, daycare centers; golf courses; home-based business; recreational vehicle parks; veterinary uses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds For existing lots, not more than 25 percent; Determined through the PUD procedure for newly created lots For existing lots without community water and/or sewer, 1 acre; For existing lots with community water and/or sewer, ½ acre; Determined through the PUD procedure for newly created lots For existing lots, 100 feet; Determined through the PUD procedure for newly created lots For existing lots, 35 foot front, 25 foot rear, 25 foot side; Determined through the PUD procedure for newly created lots 24 feet roof pitch <3:12; 30 feet roof pitch 3:12 or greater but <6:12; 34 feet roof pitch 6:12 or greater but <9:12; 38 feet roof pitch 9:12 or greater R-1 (Residential Single-Household, Low Density District) Family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings Accessory dwelling units; community centers; community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 1,000 additional for ADUs 50 feet Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater R-2 (Residential Two-Household, Medium Density District) Accessory dwelling units; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings; townhouses (2 attached units) Bed and breakfast; community centers; community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 3,000 per townhouse; 6,000 for two-household; 1,000 additional for ADUs 50 feet for single-household; 60 feet for two-household and ADUs Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater R-3 (Residential Medium Density District) Accessory dwelling units; community residential facilities; cooperative housing; daycare centers; family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (5 attached units or less) Assisted living facilities; bed and breakfast; community centers; fraternity/sorority houses; home-based businesses; lodging houses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 1,000 additional for ADUs 50 feet for single-household; 60 feet for two- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 32 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 40 feet roof pitch 6:12 or greater but <9:12; 42 feet roof pitch 9:12 or greater R-4 (Residential High Density District) Accessory dwelling units; apartments; bed and breakfast; community residential facilities; cooperative housing; daycare centers; extended stay lodgings; family daycare home; fraternity and sorority houses; group daycare home; lodging houses; public and private parks; manufactured homes on permanent foundations; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (5 attached units of less); townhouses (more than 5 attached units) Assisted living/elderly care facilities; community centers; home based businesses; medical offices, clinics and centers; offices in conjunction with dwellings; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 50 percent 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 5,000 for apartments – first dwellings; 1,200 for apartments – each dwelling after first; 1,000 additional for ADUs 50 feet for single- or two-household; 60 feet for three- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 42 feet roof pitch 6:12 or greater but <9:12; 44 feet roof pitch 9:12 or greater R-O (Residential Office District) Accessory dwelling units; apartments; assisted living/elderly care facilities; bed and breakfast; community centers; community residential facilities; cooperative housing; daycare centers; extended stay lodgings; family daycare home; fraternity and sorority houses; group daycare home; lodging houses; offices; public and private parks; manufactured homes on permanent foundations; medical offices, clinics and centers; single-household dwellings; two-household dwellings; three- or four-household dwellings; townhouses (5 attached units of less); townhouses (more than 5 attached units) Home-based businesses; PUDs Fences; greenhouses; guesthouses; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent for residential; Not more than 60 percent for nonresidential or mixed use 5,000 for single-household; 6,000 for two-household; 3,000 per unit for three- or four-household and townhouses; 5,000 for apartments – first dwellings; 1,200 for apartments – each dwelling after first; 1,000 additional for ADUs 50 feet for single- or two-household; 60 feet for three- to four-household and ADUs; Width of interior units for townhouses Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater but <6:12; 42 feet roof pitch 6:12 or greater but <9:12; 44 feet roof pitch 9:12 or greater RMH (Residential Manufactured Home Community District) Family daycare home; group daycare home; public and private parks; manufactured homes on permanent foundations; manufactured home communities; recreational vehicle parks; single-household dwellings Community centers; community residential facilities; cooperative housing; daycare centers; golf courses; home-based businesses; private vehicle & boat storage for more than 3 RVs or boats; PUDs Fences; home-based businesses; private garages; private or jointly owned community center or recreational facilities; private stormwater control facilities; private vehicle and boat storage; signs; temporary construction buildings or yards; temporary sales and office buildings; tool sheds Not more than 40 percent 5,000 square feet 50 feet Front, 25 feet adjacent to arterials, 20 feet adjacent to collectors, 15 feet adjacent to locals; Rear, 20 feet, 25 feet adjacent to arterials; Side, 5 feet; Garage, 20 feet 24 feet roof pitch <3:12; 28 feet roof pitch 3:12 or greater but <6:12; 32 feet roof pitch 6:12 or greater but <9:12; 36 feet roof pitch 9:12 or greater NEHMU (Northeast Historic Mixed Use District) Those uses allowed in the R-2 and M-1 districts Restaurants 1,500 square feet or less Those conditional uses allowed in the R-2 and M-1 districts, except adult businesses, casinos and large-scale retail, PUDs Those accessory uses allowed in the R-2 and M-1 districts Not more than 40 percent for residential uses; Entire lot for nonresidential uses 5,000 square feet; 5,000 per single-household; 3,000 per attached dwelling 50 feet Front, 20 feet; Rear and side, 3 feet; Rear or side adjacent to alley, 5 feet 45 feet PLI (Public Lands and Institutions) Ambulance service; cemeteries; museums, zoos, historic and cultural facilities and exhibits; public buildings; public and nonprofit, quasi-public institutions; publicly owned land use for parks, etc. Daycare centers; solid waste landfill and transfer facilities Other buildings and structures typically accessory to permitted uses Entire lot, exclusive of required yards and parking, may be occupied by buildings No requirement No requirement No yard requirement except where lot is adjacent to another district; the yards then shall be the same as the adjacent district No requirement 163 CITY OF BOZEMAN – COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS (CHAPTERS 18.18 AND 18.20, BOZEMAN UNIFIED DEVELOPMENT ORDINANCE) Principal Uses Conditional Uses Accessory Uses Lot Coverage/Floor Area Lot Area Lot Width Yards Building Height B-1 (Neighborhood Business District) Apartments; arts and entertainment center; automobile parking lot or garage; banks and other financial institutions; community centers; convenience use restaurant; daycare centers; health and exercise facilities, on second or subsequent floors or in basements; medical and dental clinics, on second or subsequent floors or in basements; offices, on second or subsequent floors or in basement; parking facilities; personal and convenience services; pet grooming shop; public buildings; restaurants (no drive-ins); retail uses (excluding adult businesses and large scale retail) Automobile fuel sales or repair; automobile washing establishments; convenience uses; health and exercise establishments; medical and dental clinics; offices; sales of alcohol for on-premise consumption; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings; The footprint of individual buildings cannot exceed 5,000 square feet 5,000 square feet 50 feet Structures: Front, 7 feet adjacent to collectors and locals, 25 feet adjacent to arterials; Rear, 10 feet, 5 feet if adjacent to alley; Side, 5 feet Parking and loading areas: Front, 25 feet; Rear, 10 feet; Side, 8 feet 34 feet roof pitch <3:12; 38 feet roof pitch 3:12 or greater B-2 (Community Business District) Ambulance service; apartments on second or subsequent floors or in basements; arts and entertainment centers; automobile parking lot or garage; automobile washing; banks and other financial institutions; community centers; convenience uses; convenience use restaurant; daycare centers; extended-stay lodgings; frozen food storage and locker rental; health and exercise establishments; hospitals; hotel or motel; laboratories; medial and dental clinics; meeting hall; offices; parking facilities; personal and convenience uses; pet grooming; private club, fraternity, sorority or lodge; public buildings; restaurants; retail uses (excluding adult businesses and large scale retail); large-scale retail; sign paint shops; upholstery shops; wholesale establishments (with samples, no stock on premises) Apartments on first floor; assisted living/elderly care facilities; automobile fuel sales or repair; business, technical or vocational schools; bus terminals; food processing facilities; laundry and dry-cleaning; light goods repair; lodging houses; manufacturing (light and completely indoors); mortuary; museum; sales of alcohol for on-premise consumption; veterinary clinic; wholesale with on-premise retail outlets; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum size 100 feet None in the NCOD Structures: Front, 7 feet adjacent to collectors and locals, 25 feet adjacent to arterials; Rear, 10 feet, 5 feet if adjacent to alley; Side, 5 feet Parking and loading areas: Front, 25 feet; Rear, 10 feet; Side, 8 feet 38 feet roof pitch <3:12; 44 feet roof pitch 3:12 or greater Roof pitch may be increased by a maximum of 50 percent when implementing a Regional Commercial and Services growth policy designation The maximum height otherwise allowed may be increased by 30 percent through a CUP B-3 (Central Business District) Ambulance service; apartments1; arts and entertainment centers; automobile parking lot or garage; banks and other financial institutions; business, technical or vocation schools1; community centers1; convenience use restaurant; daycare centers; health and exercise establishments; hotel or motel; laboratories1; medial and dental clinics1; meeting hall; offices1; parking facilities1; personal and convenience uses; pet grooming; private club, fraternity, sorority or lodge; public buildings; restaurants; retail uses (excluding adult businesses and large scale retail); upholstery shops1; wholesale establishments (with samples, no stock on premises) Automobile fuel sales or repair; automobile washing; bus terminals; convenience uses; hospital; laundry and dry-cleaning; lodging houses1; mortuary; museum; offices (on the ground floor in core area); printing offices and publishing establishments; sales of alcohol for on-premise consumption; sign paint shop; PUDs Refuse and recycling containers Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum size No minimum width No minimum yards, except a 7-foot front yard setback on Babcock and Mendenhall Streets Side and rear, 5 feet adjacent to alleys. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is used for residential purposes, a minimum 15-foot front or corner side yard shall be required from the street(s) on which the residential use fronts 55 feet in the core area; 70 feet outside of the core area M-1 (Light Manufacturing District) Adult business; ambulance service; amusement and recreational facilities; automobile, boat or recreational vehicle sales, service and/or rental; automobile fuel sale or repair; automobile parking lot or garage; automobile washing; banks and other financial institutions; community centers; food processing facilities; health and exercise establishments; hotel or motel; laboratories; light goods repair; light manufacturing (completely enclosed within a building); medical clinics; offices; outside storage; public buildings; restaurant (if accessory to a principal or conditional use)4; truck, bus and rail terminal facilities; technology research establishments; trade schools; veterinary clinics; warehousing; mini warehouse Animal shelters; daycare center; personal and convenience services; restaurants serving alcoholic beverages3; retail establishments; truck repair, washing and fueling facilities; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building or buildings); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); accessory residential use2; refuse and recycling containers; signs; temporary construction buildings and yards Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings 7,500 square feet 75 feet Structures: Front, 20 feet; Rear, 3 feet, 5 feet if adjacent to alley; Side, 3 feet, 5 feet if adjacent to alley Parking and loading areas: Front, 20 feet; Rear, 0 feet; Side, 0 feet 45 feet M-2 (Manufacturing and Industrial District) Adult business; ambulance service; automobile, boat or recreational vehicle sales, service and/or rental; automobile fuel sale or repair; automobile parking lot or garage; automobile washing; community centers; food processing facilities; health and exercise establishments; hotel or motel; laboratories; light goods repair; light manufacturing; manufacturing and industrial uses; medical clinics; offices; outside storage; public buildings; restaurant (if accessory to a principal or conditional use)4; truck, bus and rail terminal facilities; truck repair, washing and fueling; technology research establishments; trade schools; veterinary clinics; warehousing; mini warehouse Amusement and recreational facilities; animal shelters; banks and other financial institutions; daycare center; junk salvage or automobile reduction/salvage yards; personal and convenience services; production manufacturing and generation facilities (electric and gas); restaurants serving alcoholic beverages3; retail establishments; solid waste transfer station; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building or buildings); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); accessory residential use2; refuse and recycling containers; signs; temporary construction buildings and yards Entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings No minimum 100 feet Structures: Front, 20 feet; Rear, 3 feet, 5 feet if adjacent to alley; Side, 3 feet, 5 feet if adjacent to alley Parking and loading areas: Front, 20 feet; Rear, 0 feet; Side, 0 feet 45 feet B-P (Business Park District) Automobile parking lot or garage; hospitals; laboratories; light manufacturing (completely enclosed in a building); medical clinics; professional and business offices; public buildings; technology research establishments; veterinary clinics Banks and other financial institutions; daycare center; health and exercise establishments; PUDs Automobile parking lot or garage; daycare center (if offering services within the same building); fences; outside storage (accessory and screened); personal services for personnel employed in the principal use; retail sales produced or warehoused on site (not more than 20 percent of gross floor area or 10,000 square feet); refuse and recycling containers; signs; temporary construction buildings and yards Not more than 60 percent coverage by impervious surfaces; The remaining 40 percent shall be landscaped 1 acre 150 feet Front, 25 feet*; Rear, 20 feet*; 5 feet if adjacent to alley; Side, 15 feet*, 5 feet if adjacent to alley *See additional requirements in Section 18.20.050.B.4, UDO 38 feet roof pitch <3:12; 44 feet roof pitch 3:12 or greater Roof pitch may be increased by a maximum of 50 percent when implementing a Regional Commercial and Services growth policy designation The maximum height otherwise allowed may be increased by 30 percent through a CUP 1Except on ground floor in the core area as defined in the Unified Development Ordinance. 2Accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 3Limited to state beer and wine licenses issues since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. 4Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. Note: This is a highly condensed summary of the authorized uses and zoning requirements contained in the Unified Development Ordinance. Please refer to the Unified Development Ordinance for details regarding zoning provisions. 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mark Tymrak, Director of Public Safety-Police SUBJECT: Police & Municipal Court Facility and Staffing plans public hearing and adoption of Resolution 4030. MEETING DATE: City Commission Meeting: Monday June 18, 2007 RECOMMENDATION: We respectfully request that the City Commission formerly adopt Resolution 4030 endorsing the Needs Assessment and Facility Plan prepared by Carter Goble Lee (CGL) as well as the staffing methodology previously presented. Additionally, we request that the Commission set a benchmark of 30 minutes of proactive time for the Bozeman Police Department to determine staffing needs and performance goals. BACKGROUND: At the request of the Commission, Police staff has worked closely with Carter Goble Lee Associates to develop a 20-year best practices review of space needs and analysis for new Police and Municipal Court facilities. Staff has also worked closely with consultant Timothy Freesmeyer of Etico Solutions, Inc. to prepare a 20-year best practices staffing and deployment plan. The City Commission has previously seen presentations from CGL on their Police and Municipal Court Facility Needs Assessment and Mr. Freesmeyer on Police Resource Analysis Findings and Projections. The CGL Facility Needs Assessment has been reworked since April 2, 2007 to reflect space needs based solely on the staffing methodology presented by Mr. Freesmeyer. In addition, staff has continued to work with Mr. Freesmeyer on staffing deployment plans, workload indicators and the staffing methodology as presented by Etico Solutions, Inc. Our need for a certain timeline with known funding and a firm plan is based on the need for additional staffing and the overcrowded situation that currently exists at the Law & Justice Center and cannot be allowed to continue indefinitely. Staff continues to work with Gallatin County officials to explore the feasibility, location and timeline of a criminal justice campus. UNRESOLVED ISSUES: Sustained funding source; facility site location. FISCAL EFFECTS: There are no fiscal effects associated with adopting the Carter Goble Lee Facility Needs Assessment or the Etico Staffing Analysis methodology. Significant fiscal impacts will be incurred implementing the recommendations contained within the plans including the construction of the new police facility and hiring additional personnel. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Mark Tymrak at mtymrak@bozeman.net if you have any questions. 182 Commission Memorandum APPROVED BY: Mark Tymrak, Director of Public Safety-Police Chris Kukulski, City Manager 183 Report of the Bozeman Police Department to Bozeman City Commission POLICE AND MUNICIPAL COURT NEEDS ASSESSMENT AND FACILITY PLAN 20 - YEAR BEST PRACTICES PLAN June 2007 Executive Summary REFERENCE: Bozeman Police and Municipal Court Needs Assessment and Facilities Plan, June 2007 – Carter Goble Lee Resource Analysis Findings & Projections – Timothy Freesmeyer 184 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY Problem Statement – Facilities and Staffing The Bozeman Police Department and Bozeman Municipal Court currently operate in shared facilities at the Law and Justice Center (L & J) located at 615 South16th Avenue. The facility is shared with the Gallatin County Sheriff’s Office, Gallatin County Justice Courts and District Courts as well as several other criminal justice services. The facility was built in 1967 as a private high school and a portion of the facility was remodeled in 1994 after a fire. Currently, the Municipal Court, Justice Courts, Police Department and Sheriff’s Office share the remodeled area. The L & J building does not conform to current building codes for essential services and does not have space for an expansion or remodel to provide additional space for the Police Department or Municipal Court. The Police Department and Municipal Court are out of space in all areas of need for efficient operations and expansion to accommodate staff. Services provided to the citizens of our community are compromised due to the size and expansion limitations of the current facility and the poor working conditions. The Police Department and Municipal Court need an immediate solution to the space needs for our operations. A facility addressing current and future space needs must be constructed as soon as possible. The Police Department utilized a staffing methodology which is based on an historical review of the Department service delivery methods and service demands of the citizens of Bozeman. The methodology involves a review of calls for service, frequency and priority of calls, location of calls and the ability of the department to provide proactive policing and problem solving balanced with reactive police response to crimes and calls. Facility Needs The Police Department and Municipal Court has worked closely with representatives from Carter Goble Lee (CGL) to develop a 20-year best practices facility plan and space needs assessment. The Needs Assessment and Facilities Plan were first presented to the City Commission on April 2, 2007. Since that date, the plan has been revised and a Final Report was completed on June 1, 2007. (Copies previously provided) The CGL needs assessment shows that the Police Department is currently operating in approximately 4,311 square feet of office space in the L & J. Current staff levels indicate a need for 14,790 square feet of space, a deficiency of 10,479 square feet which should include additional office space, meeting and training rooms, conference rooms and storage, among other things. 1 185 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY The Municipal Court is currently operating in approximately 2,368 square feet of space with a workload and staff that needs 5,070 square feet of office and courtroom space. The CGL Needs Assessment and Facility Plan forecasted space needs based upon personnel projections through 2026. The methodology used for the police personnel projections was also presented to Commission on April 2, 2007 by Tim Freesmeyer of Etico Solutions, Inc. The methodology is endorsed by the International Association of Chief’s of Police (IACP) and was the basis for planning the future space needs of the Police Department and Municipal Court facility. The facility plan includes a recommendation that the Police Department and Municipal Court functions remain co-located in a new, joint facility. It is more efficient for the Municipal Court and Police Department to remain co-located to allow for better customer service, provide for court security needs and to provide for the ability of the officers to testify in court and have access to evidence, reports and the City Prosecutor’s Office. It is not as important for the Municipal Court facility remain co-located with the other courts or the detention center. The Municipal Court Judge has stated that a second Municipal Court room and staff will be needed as early as 2009. There is no space at the L & J Center to allow for expansion of the Municipal Court. The Facility Plan utilizes the IACP endorsed staffing methodology to predict police department space needs through 2026. The methodology is most accurate in planning staff needs for four years. The needs assessment for 2011 indicates that the Police Department should occupy a minimum of 21,267 square feet and the Municipal Court should occupy a minimum of 6,164 square feet of space. In 2004, Gallatin County received the CGL Final Report of its Criminal Justice Space and Facilities Needs Assessment and Master Plan. The plan calls for a phased approach and a proposed timeframe for initiating major Master Plan activities. The major activities consist of preliminary planning, design and construction of three facilities, including a Jail, Court/Judicial Building and a Law Enforcement Center. The plan forecasted constructing a jail by the end of 2006 and occupying the facility in the first quarter of 2007. The second phase of construction anticipated a new Court/Judicial Building during calendar year 2008 and constructing and occupying a new Law Enforcement Center in 2011. 2 186 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY To date, Gallatin County has not implemented any of the three phases of facility development. The City of Bozeman must address critical space needs for its police department and municipal courts immediately. The City can no longer afford to wait for the County to proceed with its proposed development. The CGL Needs Assessment and Facilities Plan for the City of Bozeman provides a sound plan and recommendations for constructing a joint law enforcement and municipal courts facility for the City of Bozeman. The plan calls for a facility by 2026 that is a minimum of 53,819 square feet. The plan also recommends that the facility be constructed on a minimum of a 5 acre site allowing for 233 surface parking spaces and for future expansion if growth continues. The City of Bozeman needs to act immediately to address the facility needs for its police and court operations and staff. We recommend the Commission adopt the CGL Needs Assessment and Facility Plan for the police and municipal court services and to direct staff to begin the process of constructing a facility capable of supporting the 53,819 square feet of space needed by 2026. 4,311 2,368 14,790 5,070 21,267 6,164 41,649 12,170 0 10,000 20,000 30,000 40,000 50,000 2007 current 2007 needed 2011 needed 2026 needed 20 Year Space Needs (sq feet) Police Municipal Court Facility Alternatives The City of Bozeman can no longer wait for Gallatin County officials to address our major facility needs. The ability to provide adequate police and court services to our citizens is compromised by the limited amount of space in which we currently operate. The City has explored other options and short term solutions for our space needs and it was found that the costs of remodeling the old library facility were not reasonable for the short term solution. There are no alternatives to constructing a purpose-built police and court facility. 3 187 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY Police Staffing Needs – Resource Analysis Findings and Projections On April 2, 2007, Tim Freesmeyer of Etico Solutions, Inc. presented the staffing methodology to the City Commission. This methodology is endorsed by the International Association of Chief’s of Police (IACP). This methodology was used to analyze staffing needs for the last two calendar years and was used in preparing the staffing needs for the CGL facility plan. The methodology is realistic to our community and measures available police resources against the demands from the community for levels of service in both a reactive and proactive manner. Past calls for service were analyzed for call types and frequency as indicators of the community’s expectations for proactive and reactive police services. A recent citizen survey indicated that our citizens expect a higher level of proactive traffic enforcement and police visibility. The number of daily complaints, in addition to numerous requests from our citizens for extra patrols, indicates that the community is as frustrated about our lack of ability to provide proactive traffic enforcement as the Police Department. Our ability to provide proactive enforcement and a high visibility patrol is limited by the demands for reactive police work (responding to calls and taking crime reports). The citizens of our community expect police officers to conduct follow- up investigations of reported crimes in a timely and thorough manner. The ability of our department to provide this service is limited due to high call volumes and current staffing levels. In some instances cases are closed or inactivated due to our inability to allocate proactive time to the investigations. It is also an expectation of the community that high profile crimes such as burglaries, robberies and sexual assaults are professionally and thoroughly investigated. In some instances, even these serious cases are closed or inactivated due to other priorities. The ever increasing work volumes force the Police Department to prioritize other cases. This leads to dissatisfaction and frustration for both the victims and officers. This staffing methodology allows us to analyze the demands on our department and measure our ability to provide proactive police services. The methodology allows us to make predictions of staffing needs based upon historical call analysis demonstrating our ability to set and meet performance goals with our allocated resources. We also use the historical data to analyze call demands in every segment of the City and deploy resources to address problem areas and develop patrol beats. This activity will increase police visibility, proactive enforcement and problem solving. Increased patrols will be a visible deterrent to criminal behavior and will enhance our community oriented policing efforts. 4 188 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY An adequately staffed and properly deployed police department is able to: ¾ Respond to the emergency and non-emergency needs of citizens in a timely manner. ¾ Develop staff and maintain patrol beats. ¾ Set shift staffing minimums that will reduce the amount of overtime incurred by the city and police staff. ¾ Increase community and officer safety. ¾ Reduce risk and liability. ¾ Conduct prevention and other proactive patrol tasks effectively, including: crime prevention, community oriented policing, development of partnerships, community crime education and problem area response. ¾ Conduct follow-up investigations in a timely manner. ¾ Conduct all other patrol tasks efficiently and effectively, including proactive traffic enforcement and high visibility patrols. ¾ Allow officers to meet administrative requirements satisfactorily, including mandatory report writing, investigative follow-up, training and training documentation, court and personal needs and ensuring the safety of the public and police officers. We recommend that the City Commission adopt the staffing methodology endorsed by the IACP. We recommend that a standard and bench mark for determining staffing levels be set at 30 minutes per hour of proactive police time. We also recommend that the department administration utilize the methodology to continue to analyze the service level demands and predict future staff needs based upon local call history, crime trends and service level expectations of the citizens of Bozeman. 58 6 63 6 83 7 131 12 0 50 100 150 2007 current 2007 needed 2011 needed 2026 needed 20 Year Staffing Needs Police Municipal Court 5 189 Bozeman Police and Municipal Court Facilities Plan Bozeman Police Staffing Plan and Methodology EXECUTIVE SUMMARY Police Staffing Alternatives After intensive research by the Bozeman Police Department Administration, we are not aware of any methodology that more accurately analyzes the historical call and local service demands and allows the community and department to provide resources to meet performance standards and staffing levels. This methodology combines the data tracked in our computer-aided dispatch center with that of citizen expectations and officer initiated activity. This analysis allows the community to set performance levels for proactive and reactive police services. Setting performance expectations allows for the Department to accurately demonstrate staff needs, show a return on investment in proactive policing and accurately measure output for investment in resources. This methodology permits the Department to work with the community to request staff levels that will permit the Department to meet the expectations of the community while balancing the community desire to fund the needed resources and the reasonable ability to do so. 6 190 COMMISSION RESOLUTION NO. 4030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 2007 POLICE AND MUNICIPAL COURT NEEDS ASSESSMENT AND FACILITIES PLAN AND THE IACP ENDORSED STAFFING METHODOLOGY. WHEREAS, the City of Bozeman is a first class city; and WHEREAS, the City of Bozeman is required to provide police protection services within its jurisdiction in accordance with MCA 7-33-4101; and WHEREAS, it is essential in providing a quality police protection service to periodically assess the current status of law enforcement resources and future expected demand for services; and WHEREAS, the City hired consultants to work with the community and police professionals to identify current and future staffing and facility needs; and WHEREAS, the City of Bozeman has examined it’s current and future needs, including identifying additional capital and operational resources needed to continue to provide quality police protection services to existing and future users; and WHEREAS, the City of Bozeman Police Chief and the consultants provided a televised presentation of the contents of the plans to the City Commission on April 2, 2007; and WHEREAS, the draft Bozeman Police and Municipal Court Needs Assessment and Facilities Plan has been available to the public for review since the date of the presentation; and 191 WHEREAS, the draft Bozeman Police and Municipal Court Needs Assessment and Facilities Plan establishes levels of service for police protection, facility needs and other related services which the City Commission wishes to adopt as formal standards for the City of Bozeman Police Department and Municipal Court; and WHEREAS, the International Association of Chief’s of Police (IACP) endorse and recognize the Police Resource Analysis Findings and Projections methodology; and WHEREAS, on June 7, 2007, the Commission indicated their desire to proceed with adoption of the Police and Municipal Court Needs Assessment and Facilities Plan and the Staffing Methodology; and WHEREAS, a public hearing by the City Commission on the adoption of the Police and Municipal Court Needs Assessment and Facilities Plan and the Staffing Methodology was duly noticed and held on June 18, 2007; and WHEREAS, the City Commission considered all matters raised at the public hearing and concluded that all issues have been adequately addressed in the document; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that Police and Municipal Court Needs Assessment and Facilities Plan and the Staffing Methodology, attached hereto as “Exhibit A”, and by this reference made part hereof as if fully set forth herein, be adopted. 192 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a Regular session thereof held on 18th day of June 2007. _______________________________________ JEFF KRAUSS Mayor ATTEST: ______________________________________ BRITT FONTENOT City Clerk APPROVED AS TO FORM: ____________________________________ Tim Cooper Assistant City Attorney 193 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: Baxter Meadows PUD Phase 4 CUP with Relaxations, #Z-07049 MEETING DATE: Monday, June 18, 2007 RECOMMENDATION: The City Commission approves application #P-07049 with relaxations #1 thru #5 subject to the conditions of approval and code provisions outlined in the Staff Report. BACKGROUND: This is a CUP for a PUD preliminary plan application to develop ~ 48 acres into 127 lots for single household uses, multi household uses, and a community center with open space and a trail system within a neo-traditional multi-use development on property legally described as a portion of Lot 4A-1 of COS 2202B, located in the NE ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is located west of Davis Lane and on the south side of Baxter Lane, and is zoned R-3 (Residential Medium Density District). The applicant has requested the following PUD relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. UNRESOLVED ISSUES: None. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 194 PLANNING DEPARTMENT STAFF REPORT # Z-07049 BAXTER MEADOWS PHASE 4 PUD PRELIMINARY PLAN Item: Zoning Application # Z-07049 ⎯ An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property, located southwest of the intersection of Baxter Lane and Davis Lane, is legally described a portion of Tract 4A- 1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102. Representative: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59719. Date/Time: Before the Design Review Board on Wednesday, April 25, 2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Before the Bozeman City Commission on Monday, June 18, 2007, at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane. The ~ 48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. 195 PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development (PUD) Preliminary Plan, consisting of ~ 48 acres to be developed as a neo-traditional residential development. This proposal would develop 127 lots for single household uses, multi household uses, and a community center with open space and a trail system. This proposal is being review concurrently with the preliminary plat application. The Design Review Board reviewed the Phase 4 Preapplication Plan at its June 8, 2005, public meeting. Baxter Meadows PUD Phase I was a residential section located west of Vaquero Parkway on the north side of Baxter Lane which was given conditional approval November 19, 2001, for a mix of single-household and multi-household uses. Phase I included the very small “Bungalow” single- household lots which fronted on the pocket park and had alley access to the garages. Baxter Meadows PUD Phase 2 was given conditional approval on February 2, 2004, and included both commercial lots east of Vaquero Parkway and a northern extension of the Phase I residential area. Baxter Meadows PUD Phase 3 Preliminary Plan was granted condition approval on February 6, 2006, consisting entirely of single household uses on the western quadrant of the PUD. Baxter Meadows PUD is intended to have approximately 6 major phases. The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city’s standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The applicant has requested the following relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. See recommended condition #1 and #3. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 2 196 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition #2. 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. See recommended condition #4. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. This relaxation was addressed by the following Engineering condition with the Preliminary Plat - “The minimum right of way width that would be supported by Engineering under a relaxation request would be 55’ with the proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City’s design standards (i.e. roll over curb).” 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. See recommended condition #5. Modifications Requested from City Engineer: 6. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition #6. ZONING DESIGNATION & LAND USES The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3, Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: B-2 (Community Business District) – Baxter Meadows remainders. East: R-3 (Residential Medium Density District) – West Winds PUD. South: PLI (Public Lands and Institutions) – Regional Park. West: PLI (Public Lands and Institutions) – Regional Park. R-3 (Residential Medium Density District) – a portion of Baxter Meadows Phase 4 Minor - proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as “Residential” in the Bozeman 2020 Community Plan. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 3 197 Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. • 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 4 198 • Goal 5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB, the elements of the Baxter Meadows PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval, the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing all of the recommendations made in the Traffic Impact Study for Preliminary Amended Plat of Baxter Meadows Subdivision PUD Phase 4 by Marvin & Associates, dated February 2007. This is reflected in conditions of approval for the preliminary plat as required by the #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 5 199 City Engineer. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Phase 4 with sidewalks on all streets and a trail system through the project. The PUD plan includes interior subdivision streets with access off of Baxter Lane, Davis Lane and Vaquero Parkway. All lots are provided with vehicular access either from local streets and/or alleys. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of the landscaping regulations. However, to enhance the open space and pedestrian areas, and provide excellence of design in exchange for the relaxations requested, DRB and Planning Staff has recommended the following condition: • The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. 8. Open space. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. 9. Building location and height. Maximum building height for each residential district shall be as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 6 200 2. Rear yard - 20 feet. a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will need to provide subdivision lighting in accordance with Section 18.42.150.C. Subdivision lighting includes street lighting and pathway intersection lighting. Prior to final plan and plat approval, staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. The project will need to provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will have to address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the 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-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 7 201 Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Municipal Code. Other than the deviations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase 4 PUD is the southeastern quadrant of a six-phase development. It is bordered on two sides by major roads. It is designed with open space buffers along all exterior boundaries. Therefore, it will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has recommended the following condition addressing special landscaped yards and buffers to ensure that the open space buffer areas are enhanced with landscaping as shown in the application: • The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. c. Special fences, solid fences and walls. Planning Staff has recommended the following condition addressing special fences adjacent to open space and parks: • Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 8 202 g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “Planned Unit Development Design Objectives and Criteria” In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? There is no significant mature vegetation (trees and large bushes) on the site due to the agricultural history of the property. The applicant has approval to altered the location of the watercourse. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 9 203 (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? The elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system, and the general proximity to the regional park and the new middle school site contribute to the overall reduction of energy use by the project. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation from the major roads. (6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? Not applicable. All of the park land was provided in previous phases of the Baxter Meadows PUD. (7) Performance. All PUDs shall earn at least twenty performance points. The code requires the applicant to demonstrate the achievement of at least 20 performance points. Since all of the open space in this proposed subdivision is publicly accessible with recreation pathways, only 16% of the non-dedicated portion of the project must be PUD open space. ~ 36 acres of the project is non-dedicated land, requiring ~ 6 acres of publicly accessible open space. The PUD plan provides for about 9 acres of open space. The open space shall be landscaped by the applicant in a manner that shall meet or exceed the standards of Chapter 18.48. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated “pad” to adjoining development? The design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. Residential Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? The 125 single household dwelling units achieve a net density of 6.3 du/ac. The multifamily lot could achieve a net density anywhere from 8 to ~ 14.5 dwelling units per acre. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 10 204 (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas, with both private yards and public spaces. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a pedestrian trail(s), as well as areas for passive recreation. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development, the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a neo-traditional mixed-use development in a rural but developing area. However, the Bozeman 2020 plan has designated this area for “Residential” land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 11 205 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 12 206 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB), and other boards, when appropriate, have reviewed application #Z-07049 a Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application with relaxations 1 through 5 subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PUD PHASE 4. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNICIPAL CODE MAY APPEAL THE DECISION OF THE CITY #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 13 207 COMMISSION. Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 14 208 209 210 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 PUD Preliminary Plan Checklist Narrative 1. a. Application Forms (see attached) b. List of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. Baxter Meadows Development, LP (Owner): Jerry Williams, President Baxter Meadows South, LLC (Contractual Owner): Jerry Williams, Partner Mike Potter, Partner Tom Clinton, Partner PC Development (Applicant): Mike Potter, Partner Tom Clinton, Partner Jason Leep, Partner c. Statements of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman growth policy. 1. Centers: The Baxter Meadows Overall P.U.D. comprises almost 400 acres of land and the master plan is diverse in nature, resulting in a variety of centers throughout the project. Neighborhoods have internal active parks that are linked through a comprehensive interconnected trail system that connects all areas of the overall project, including a variety of housing types, commercial areas, the 100-acre regional park, adjacent subdivisions, and the new middle school site. The focal point of the Phase 4 neighborhood is the Owners Center. It is anticipated that this will include a reception hall, kitchen, and a general purpose room. Other nearby community centers within the Baxter Meadows PUD include the barn in Phase 1, the future plaza in Phase 2E, and the middle school. A YMCA is also planned for construction adjacent to the phase. 211 The new residential development will contribute to the effectiveness of the commercial area of the overall Baxter Meadows PUD. With this arrangement, residents of Baxter Meadows will have convenient access to services and in turn, the commercial properties will be more viable due to the increase in adjacent residential development. Interconnected parks and extensive trail systems will contribute to the overall plan and in turn, strengthen the center concept. 2. Neighborhoods: Phase 4 incorporates an average residential density of 7.4 du/ac, and will create a conducive environment for a communicating and interactive community. This phase contributes to the variety of lot sizes and diversity of residents within the P.U.D., with this phase being the most “standard” of the residential phases, incorporating single family lots with an average size of appx. 7000 sf. These lots provide a middle ground between the higher density of the central corridor, and the lower density of Phase 3. To increase diversity within the neighborhood, there is a 6-acre multi-family lot, which is anticipated to reach 12 du/ac. Finally, the incorporation of open space and trail corridors connects the various housing types and encourages interaction of residents within the common spaces. 3. Sense of Place: Phase 4 will replicate a more standard new development than the rest of Baxter Meadows, thus rounding out the development, as well as tying the overall P.U.D. to surrounding developments. The arrangement and densities of this phase will contribute to the evolving identity of the neighborhood, which will further strengthen the boundaries of the city. Through the application of covenants and design guidelines, Phase 4 will reflect a sense of place that is in keeping with the goals of the city’s growth policy and will ensure quality and distinct character. 4. Integration of Action: Phase 4 has been adapted to enable an efficient layout of streets, blocks and lots while maintaining a relationship to the desired densities as well as the existing paths of circulation. 5. Natural Amenities: Phase 4 includes almost 9.5 acres of open space, most of which is situated along critical stream and wetland area. The Spring Ditch runs north and west through the phase in a straight, V- section ditch. We intend to “realign” the ditch to increase wetland areas, and provide an enhanced amenity. 6. Urban Density: The intent of the Phase 4 layout is to meet urban densities of over 6 du/ac while maintaining a very liveable, community atmosphere. The overall Baxter Meadows P.U.D. is intended to utilize 212 park, open space, and community centers from all phases, thus allowing for some very large and useable spaces, such as the 10 acre park in Phase 3, and for other areas to utilize more density. d. Statement of the proposed ownership of open space areas. Open spaces will be dedicated to the public and maintained and owned by the Owners Association as described in the association documents and covenants (Tab 7). e. Statement of the applicant’s intentions with regard to future ownership of all or portions of the planned unit development. The applicant intends to develop the remainder of the P.U.D., per the Land Use Concept Plan (Tab 2). f. Estimate of number of employees for business, commercial and industrial uses. There are no business, commercial or industrial uses planned within Phase 4. g. Description of rationale behind the assumptions and choices made by the applicant. The goals of Phase 4 consisted of creating a cohesive neighborhood plan that complimented the overall PUD plan and provided interconnectivity to other phases and adjacent future developments. h. Where deviations from the requirements of this title are proposed, the applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria), BMC. Please see relaxation requests, Tab 3. i. Detailed description of how conflicts between land uses of different character are being avoided or mitigated. Phase 4 borders future development to the north and east. The Gallatin County Regional Park sits to the south and west of the phase. We do not anticipate conflicting land uses. j. Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling). Baxter Meadows PUD, and specifically Phase 4, is designed to encourage pedestrian circulation and to minimize the impact of automobile circulation to the extent reasonable in a residential mixed use development. Open spaces are designed to enhance pedestrian connectivity across the site by placing a trail that will connect residents to the commercial center to the north and Regional Park to the south. Creating housing blocks with alleys was a design choice to reduce the number of cars on the street and encourage property owners to de-emphasize their garage on the street front. 213 k. A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas. Infrastructure construction is anticipated to begin on Phase 4A in March of 2006, and be complete by the end of June. We anticipate that Phases 4B, 4C, and 4D will follow every 6-8 months, thereby completing the project in approximately three years. The improvements to Spring Ditch will be done in conjunction with the infrastructure improvements, and the open space areas developed in their appropriate phases. l. One reduced version of all preliminary plan and supplemental plan maps and graphic illustrations. See various information and exhibits attached. Tab 9 contains the most current approved Concept P.U.D. Plan for reference. Tab 2 shows some recent updates to that, such as the new Middle School location, and the resultant change in layout to Phase 4. 2. a. Notations of proposed ownership, public or private, should be included where appropriate. The plat will specify which roads, parks, open spaces and other improvements will be dedicated to the public, and which will remain private. In general, “open space” will be dedicated to the public, but owned and maintained by the Homeowner’s Association; internal streets will be dedicated to the public, but privately maintained, due to non-standard road sections. Vaquero parkway will be publicly maintained. 2. b. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls, and other landscaping. Phase 4 is bordered by commercial development to the north, residential development to the east, and the Gallatin County Regional Park to the south and west. The north and east sides will have a 13’-50’ landscaped buffer. Houses located on Baxter and Davis are required by the covenants to have “four-sided architecture” that will be visually appealing from all sides. They will also be required to use fences of open construction to keep an appealing streetfront. The portion bordering the Regional Park will be buffered from the park by Vaquero Parkway, which has a 75’ ROW and 19’ boulevards. 2. c. Attorney’s or owner’s certification of ownership An owner’s certification of ownership is included in Tab 4. 3. a. Looking onto and across the site from areas around the site, describe and map the views and vista from adjacent properties that may be blocked or impaired by development of the site. 214 The existing conditions and topography were surveyed and documented (see Site Survey exhibit under Tab 14 of the attached Preliminary Plat Application section). The site is relatively flat, out-of-production agricultural ground that slopes south to north at approximately 80 vertical feet per 1000 lineal feet. The proposed development would not block adjacent properties’ viewsheds, and is in accordance with the original concept plan. 4. a. Street cross-section schematics shall be submitted for each general category of street, including the proposed width, treatment of curbs and gutters, sidewalk systems, bikeway systems, etc. Please see Exhibits and information under Tab 5. 5. a. Physiographical data. Groundwater and other physiographical data can be found under Tab 20. There are no wells within 400’ of the site. 6. Preliminary Plat A copy of the Preliminary Plat and related information can be found under Tab 14. 7. Traffic impact analysis See Traffic Study under Tab 6. 8. Additional impact studies N/A 9. Property Owner’s Association See Master Community Association and Property Owners Association Documents under Tab 7. 215 Page 3 (PUD Checklist – Prepared 12/2/03; revised 9/21/04) PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Planned Unit Development – Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site’s proposed land use allocations by location and as a percent of total site area B. Planned Unit Development – Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8½- by 11-inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development c. Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas e. Statement of the applicant’s intentions with regard to future ownership of all or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial uses g. Description of rationale behind the assumptions and choices made by the applicant h. Where deviations from the requirements of this title are proposed, the applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria), BMC. The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character are being avoided or mitigated j. Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling) ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ TAB Front,1,13 1 1 1,7,11 1,2 1 1 3 1 1 216 Page 4 PUD Preliminary Plan Information, continued Yes No N/A 1. The following information shall be presented in an 8½- by 11-inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: k. A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and graphic illustrations at 8½- by 11-inches or 11- by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included where appropriate b. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls and other landscaping c. Attorney’s or owner’s certification of ownership 3. Viewsheds: a. Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent off-site locations 4. Street cross-section schematics shall be submitted for each general category of street, including: a. The proposed width b. Treatment of curbs and gutters, or other storm water control system if other than curb and gutter is proposed c. Sidewalk systems d. Bikeway systems, where alternatives to the design criteria and standards of the City are proposed 5. Physiographic data, including the following: a. A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping, in compliance with Section 18.78.120.B.3.c, BMC b. Locate and identify the ownership of existing wells or well sites within 400 feet of the site 6. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this title relative to subdivisions, shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development’s compliance with the community design objectives and criteria is under question, the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner’s association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association), BMC shall be submitted with the preliminary plan application ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ TAB 1 2,9,11 1,11,14 1 4 -- -- 5 5 5 -- 20 20 14 6 -- 7 217 Page 5 C. Planned Unit Development – Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data (same information as required on the preliminary site plan) b. Lot lines, easements, public rights-of-way as per subdivision plat c. Attorney’s or owner’s certification of ownership d. Planning Director certification of approval of the site plan and its conformance with the preliminary plan e. Owner’s certification of acceptance of conditions and restrictions as set forth on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48 (Landscaping), BMC 4. An official final subdivision plat of the site must accompany the final planned unit development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section 18.72.040 (Common Area and Facility Maintenance Plan and Guarantee), BMC, shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan 218 Page 3 (Site Plan Checklist – Prepared 12/05/03; revised 9/22/04) SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board (DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses 4. 20,000 or more square feet of exterior storage of materials or goods 5. Parking for more than 60 vehicles B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1. Location map, including area within one-half mile of the site 2. List of names and addresses of property owners according to Chapter 18.76, BMC (Noticing) 3. A construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions 5. Date of plan preparation and changes 6. North point indicator 7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet 8. Parcel size(s) in gross acres and square feet 9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use 10. Location, percentage of parcel(s) and total site, and square footage for the following: a. Existing and proposed buildings and structures b. Driveway and parking c. Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc. d. Public street right-of-way 11. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each 219 Page 4 General Information, continued Yes No N/A 13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping 15. Building design information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s) b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area c. Floor plans depicting location and dimensions of all proposed uses and activities 16. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC (Supplementary Documents) C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 4. Ingress and egress points 5. Traffic flow on-site 6. Traffic flow off-site 7. Utilities and utility rights-of-way or easements: a. Electric b. Natural gas c. Telephone, cable television and similar utilities d. Water e. Sewer (sanitary, treated effluent and storm) 8. Surface water, including: a. Holding ponds, streams and irrigation ditches b. Watercourses, water bodies and wetlands c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman Floodplain Regulations) if not previously provided with subdivision review 220 Page 5 Site Plan Information, continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement 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 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate) b. The downstream conditions (developed, available drainageways, etc.) c. Any downstream restrictions 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant’s certification of ADA compliance 14. Fences and walls, including typical details 15. Exterior signs. Note – The review of signs in conjunction with this application is only review for compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas, including typical details 17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R, BMC (Lighting Plan), if not previously provided 18. Curb, asphalt section and drive approach construction details 19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required, complete section C below 20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species 21. Snow storage areas 22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development 23. Existing zoning within 200 feet of the site 24. Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites 25. Major public facilities, including schools, parks, trails, etc. D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot 221 Page 6 Landscape Plan Information, continued Yes No N/A 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name, street address, and lot and block description 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features 11. A description of proposed watering methods 12. Location of street vision triangles on the lot (if applicable) 13. Tabulation of points earned by the plan – see Section 18.48.060, BMC (Landscape Performance Standards) 14. Designated snow removal storage areas 15. Location of pavement, curbs, sidewalks and gutters 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control 17. Existing and proposed grade 18. Size of plantings at the time of installation and at maturity 19. Areas to be irrigated 20. Planting plan for watercourse buffers, per Section 18.42.100, BMC (Watercourse Setbacks), if not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls 222 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 Relaxation Requests The following relaxations are requested within Phase 4 for several reasons. The first is the physical topography of the site - namely the Spring Ditch that runs diagonally through the Phase. Our street plan only crosses the waterway once to protect as much of it as possible. This results in non-standard block lengths. The other reason for the block length relaxations, as well as the narrower right of ways, is to increase density in this phase, while still providing traditional size lots. This phase provides approximately 7.4 net du/ac, as encouraged by the Bozeman 2020 Plan. Block lengths are mitigated by a number of thirty-foot wide pedestrian corridors, and the internal streets will all be privately maintained by the HOA. 1. Section 18.42.040 - Block Length Current Requirement: Maximum 400' unless impractical; in no case over 1320' Relaxation Requested: Maximum - Up to 1087' Affected Property: Blocks - 1,2,3,4,5,6,& 7 Due to existing topography, the presence of critical lands (Spring Ditch), and to align new streets with streets constructed previously. In accordance with 18.42.040.D, no block will exceed 600' without intersecting a pedestrian walk. 2. Section 18.42.040 - Block Width Current Requirement: Minimum - 200'; Maximum – 400’ Relaxation Requested: Less than 200’ and more than 400’ Affected Property: Blocks – 1,2,5,7,8 Due to orientation of Spring Ditch in relation to parcel. 3. Section 18.42.150.C.5 – Street Light Pole Heights Current Requirement: Minimum Pole Height – 25’ Relaxation Requested: Pole Height of 17.5’ Affected Property: Internal streets (no relaxation requested for arterials) This streetlight has been approved for all previous phases of Baxter Meadows, and should be continued through the subdivision for continuity. 4. Section 18.44.060 - Street Improvement Standards 223 Current Requirement: 60' R.O.W. for local streets Relaxation Requested: 55' R.O.W. for local streets Affected Property: “A” Way & “B” Streets A 55' R.O.W. will be used with the city standard 31' street width and with the boulevards reduced from 8.5' to 6'. Request due to topography restrictions. Also for the sake of increasing density, increasing a more “neighborly” layout, and slowing internal traffic. All internal streets will be privately maintained, including those with 60’ R.O.W.’s. 5. Section 18.16.050.A.3 – Corner Side Yard Setbacks Current Requirement: 15’ Relaxation Requested: 10’ Affected Property: Block 3, Lots 1 & 9; Block 4, Lots 10 & 20 Request due to topography restrictions. 6. Section 18.44.090.D.3 - Street Improvement Standards Current Requirement: Access on local streets shall be at least 150 feet from an intersection with an arterial. Relaxation Requested: Private local street access within 148' of arterial (R.O.W.-R.O.W.) Affected Property: Intersection of “A” Way and “C” Street (relative to Davis) Access to “C” Street will be over 170 feet of separation from curb to curb. 7. Section 18.40.210.C – Community Centers Current Requirement: Each community center site shall provide a minimum of 2 ingress/egress points which comply with Section 18.44.090. Relaxation Requested: 1 ingress/egress point for the community center on Lot 11, Block 7 Affected Property: Lot 11, Block 7 The community center on Lot 11, Block 7, is planned to be a small center for the use of the Phase 4 HOA. It is anticipated to contain a kitchen, reception room, and small exercise room, to be used as a social center for the residents. As such, it will not generate a great amount of vehicular traffic. (In fact, we want to encourage pedestrian activity within the neighborhood). We feel that one access, that directly lines up with Caspian Avenue, will be the safest, most effective design. An additional access to Lot 12, Block 7 is not needed, given the relatively short depth of Lot 11, and the constraints that requirement would put on the site development of both Lot 11 and Lot 12. 224 225 226 Adjoiners List –Within 200 feet of Subject Property Baxter Meadows Phases 4A, 4B, 4C, & 4D Jeremy L. Lee 1129 Gulf Shores Parkway Gulf Shores, AL 36542-5907 Tawney R. Lee 2124 Gallatin Green Blvd. Bozeman, MT 59718-7151 Michael D. & Robin E. Gurzi 12810 Larrylyn Dr. La Mirada, CA 90638-2725 Bonnie J. Schlafman 3524 Gallatin Green Blvd. Apt. #4 Bozeman, MT 59718-8892 Elwood G. & Gail A. Forsythe 161 E. Chicago Ave. # E-37A Chicago, IL 60611-2601 Richard F. & Karen G. Rigard 100 Valley View Dr. Factoryville, PA 18419-9385 Vic N. & Catherine M. Cundy 2146 Gallatin Green Blvd. Apt. 7 Bozeman, MT 59718-8894 Todd A. Graetz 3562 Gallatin Green Blvd. Apt. 8 Bozeman, MT 59718-8897 Theresa A. Gallen P.O. Box 884 Belgrade, MT 59714-0884 227 Jeffrey M. & Sarah K. Olech 2162 Gallatin Green Blvd. Unit 10 Bozeman, MT 59718-7154 Kevin C. & Brandi A. Ellerton 3588 Gallatin Green Blvd. #11 Bozeman, MT 59718-6520 Randell J. & Patsy Y. Duff 3588 Gallatin Green Blvd. #12 Bozeman, MT 59718-6520 Vickie Lee Perkins 3588 Gallatin Green Blvd. #13 Bozeman, MT 59718-8822 Colt D. & Jamie L. Frederickson 2188 Gallatin Green Blvd. #14 Bozeman, MT 59718-7153 228 Adjoiners List –Physically Contiguous to Subject Property Baxter Meadows Phases 4A, 4B, 4C, 4D Cascade Development, Inc. c/o Wayne Jennings 125 W. Mendenhall St. Bozeman, MT 59715-3586 WBC LP AD% Baxter Meadows Development 6780 Trade Center Ave. Billings, MT 59101-6294 William R. & Dianne Peterson 5001 Baxter Ln. East Bozeman, MT 59718-9797 Gallatin County 311 W. Main St. Bozeman, MT 59715-4594 229 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 Concurrent Construction We anticipate requesting concurrent construction as allowed by U.D.O. section 18.74.030.D. 230 231 232 233 234 TRAFFIC IMPACT STUDY for PRELIMINARY AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D PHASE FOUR Bozeman, Montana Prepared for PC DEVELOPMENT Prepared by MARVIN & ASSOCIATES 1300 North Transtech Way Billings, MT 59102 235 TRAFFIC IMPACT STUDY for PRELIMINARY AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D PHASE FOUR Bozeman, Montana Prepared for PC DEVELOPMENT Prepared by MARVIN & ASSOCIATES 1300 North Transtech Way Billings, MT 59102 February 2007 236 i TABLE OF CONTENTS PAGE INTRODUCTION 1 SITE LOCATION & DESCRIPTION 3 EXISTING CONDITIONS 3 Streets & Intersections 3 Traffic Volumes 6 Capacity 8 TRIP GENERATION 9 TRIP DISTRIBUTION 12 TRAFFIC ASSIGNMENT 14 IMPACTS 19 Traffic Volumes 19 Cumulative Volumes 21 Capacity 21 FUTURE CONCERNS 23 IMPACT MITIGATION 25 RECOMMENDATIONS 25 APPENDIX A - TRAFFIC VOLUMES APPENDIX B - CAPACITY CALCULATIONS 237 ii LIST OF TABLES PAGE Table 1. Existing PM Peak Hour Capacity Analysis Summary 9 Table 2. Baxter Meadows Phase 4 Trip Generation Summary 10 Table 3. Phase 4 Plus 3&6, Existing & Other Subdivision Traffic PM Peak Hour Capacity at Key Intersections 23 LIST OF FIGURES PAGE Figure 1. Site Location Map 2 Figure 2. Proposed Subdivision Site Layout 4 Figure 3. Existing Traffic Volumes 7 Figure 4. Trip Distribution Phase 4 13 Figure 5. Traffic Assignment - Phase 4 15 Figure 6. Site Access Traffic Assignment 16 Figure 7. Existing Traffic Redistribution – Davis Lane Extension 18 Figure 8. Existing Plus Phase 4 Site Traffic Assignment 20 Figure 9. Existing Plus Recently Approved Development Traffic Estimates – Oak & 19th 22 238 Baxter Meadows Subdivision Phase 4 TIS 239 Baxter Meadows Subdivision Phase 4 TIS Page 1 INTRODUCTION This report summarizes the findings of a traffic impact study (TIS) for the Preliminary Amended Plat of Baxter Meadows Subdivision P.U.D. Phase 4, which is located on the western fringe of Bozeman, MT. Marvin & Associates was retained by Potter Clinton Development to provide the TIS per the requirements of City of Bozeman ordinances regarding land use developments which have the potential to impact traffic operations on the surrounding roadway system. Originally, Robert Peccia & Associates completed a traffic impact study in October of 2001 for the Master Plan (which has since changed substantially) with all five phases of the proposed development. Phases 1 and 2 were platted as a result of that study. Phase 1 and portions of Phase 2 have since been constructed, while other portions of Phase 2 are currently under construction. Traffic impact studies for Phase 3 and 6 of the development were completed by Marvin & Associates in September 2005 and February 2006 respectively. The Phase 4 study relies on portions of the Phase 3 and 6 studies for the analysis and conclusions contained herein. The primary purposes of this study were to address specific traffic impacts related to Phase 4 and to provide recommendations regarding the mitigation of any identified impacts. Having reviewed the proposed land use development plan, Marvin & Associates completed an extensive analysis of existing conditions, addressed trip generation, trip distribution and traffic assignment, and evaluated the resulting arterial and intersection capacity impacts, before making recommendations regarding the mitigation of impacts. The study methodology and analysis procedures used in this study employed the most contemporary of analysis techniques, using nationally accepted standards in the areas of site development and transportation impact assessment. Recommendations made within this report are based upon those standards and the professional judgment of the author. 240 Baxter Meadows Subdivision Phase 4 TIS Page 2 241 Baxter Meadows Subdivision Phase 4 TIS Page 3 SITE LOCATION & DESCRIPTION The development site for the Baxter Meadows Subdivision is located, between Harper Puckett Road and Davis Lane, in Bozeman, MT (see Figure 1 preceding page). Phase 4 would be located on the South side of Baxter lane and west of the newly constructed Davis Lane (see Figure 2 following page). The preliminary plat for Phase 4 proposes the development of 125 single family residential lots and a cluster lot with 72 multi-family residential units. Access to Baxter Meadows Phase 4 would be achieved using two street approaches to Baxter Lane and two street approaches to Davis Lane. Internally, Vaquero Parkway, a proposed local street would intersect both Baxter Lane and Davis Lane providing access to the east-west residential streets within the Phase 4 property. EXISTING CONDITIONS Streets & Intersections Adjacent and potentially impacted public streets would include: Baxter Lane, Davis Lane, Ferguson Avenue, Flanders Mill Road, Harper Puckett Road and N. 19th Avenue. Various other area local streets could also potentially realize minor impacts. The existing intersections of Baxter with N. 19th Avenue, Davis Lane, Ferguson Avenue, Flanders Mill Road and Harper Puckett Road would have the greatest potential for impact. Several other local street intersections with Baxter Lane could also be impacted. Baxter Lane is an east-west oriented minor arterial (per the Greater Bozeman Area Transportation Plan 2001 Update) that begins at Jackrabbit Lane, north of the Four Corners area and ends at N. 7th Avenue in Bozeman. From Jackrabbit Lane east, approximately 3.5 miles of Baxter is a gravel road. The remainder is paved and has a variable pavement width and varying speed zones. Between N. 242 Baxter Meadows Subdivision Phase 4 TIS Page 4 243 Baxter Meadows Subdivision Phase 4 TIS Page 5 19th Avenue and N. 7th Avenue, Baxter is classified by the State as Urban Route 1218. Davis Lane is a north-south oriented minor arterial that currently extends south from Valley Center Road to Baxter lane. The majority of Davis Lane has been paved as a result of area development. However, north of Catamount Street, the road still has a gravel surface. As a condition of the original Baxter Meadows Master Plan, Davis Lane was recently extended one mile to the south connecting Baxter Lane with Oak Street. Ferguson Avenue is a north-south oriented collector street, which extends north from Huffine Lane to Durston Road. Within Phase 1 of the Baxter Meadows subdivision, an additional segment of Ferguson Avenue has been constructed to extend north from Baxter Lane. In the future, Ferguson will be extended south from Baxter as well to connect with the existing intersection at Durston Road. Flanders Mill Road is a paved county road that extends south from Baxter Lane to Durston Road. A substantial amount of traffic utilizes Flanders Mill Road as a shortcut connection between Baxter and Durston. Harper Puckett Road is a local county road that extends south from the eastern terminus of Cameron Bridge Road, near I-90, to intersect with Valley Center Road. It then continues south, winding some to the east and coming to a “T” intersection with Baxter Lane at the west edge of the Baxter Meadows Property. Harper Puckett Road is paved (25 feet wide) for approximately 0.4 miles to the north of Valley Center. The remainder of the road is graveled. No speed limit is posted along Harper Puckett Road. N. 19th Avenue is a principal arterial, which extends approximately eight miles to the south from its intersection with Valley Center Road and approximately one- 244 Baxter Meadows Subdivision Phase 4 TIS Page 6 half mile to the north of that intersection. N. 19th is 78’ wide between I-90 and Baxter Lane, with a raised median, two thru lanes, dedicated turn lanes at each intersection, and two six foot shoulders. Separate bike/pedestrian paths parallel the roadway along its length. All of the aforementioned potentially impacted intersections are currently two-way stop-controlled, with the exception of the N. 19th Avenue intersections, which are signalized, and the Ferguson Avenue intersection, which is a single-lane roundabout. The intersections created by new access points to the Phase 4 development would be two-way stop-controlled with the right-of-way assigned to Baxter and Davis. Traffic Volumes Twenty-four hour automatic traffic counts were taken in June and July of 2005 at various locations within the area surrounding the proposed project site. The counts provided hourly variations, which were used to determine peak hours and provide base volumes for turning movement projections. Summaries of the counts can be found be Appendix A of this report. The daily peak for area traffic was found to occur between 4:30 and 5:30 p.m. Figure 3 on the following page presents existing (2005) pm peak hour turning movement volumes at potentially impacted intersections. Street segment average daily traffic (ADT) volumes are also depicted in the figure. ADTs were calculated based upon both twenty-four hour and peak hour turning movement count data. Since there has been continued development in Bozeman and in the immediate area and two new north-south streets have been constructed since 2005, it would have been desirable to update traffic counts, but street closures 245 Baxter Meadows Subdivision Phase 4 TIS Page 7 246 Baxter Meadows Subdivision Phase 4 TIS Page 8 and detours associated with reconstruction on Baxter and other area streets have made it impossible to establish a new baseline for 2006 existing traffic volumes. Therefore, the study impact analysis is somewhat limited in accuracy. However, Phase 4 traffic volume assignments can be compared to the 2005 baseline in relationship to the previous Baxter Meadows phases. Pedestrian activity was found to be mostly insubstantial at all of the intersections and therefore was not indicated on the turning movement diagrams. Observations within the influence area of the project indicated that heavy truck and bicycle traffic is negligible along all of the potentially impacted streets, with the exception of construction-related heavy equipment traffic. Capacity Peak pm hour existing capacity calculations were completed for six of the existing potentially impacted intersection using the HCS 2000, SigCinema 2000 and aaSIDRA software packages. Table 1, on the following page, summarizes the results of the capacity calculations. Measures in the table include control delay (seconds/vehicle), level of service (LOS), volume-to-capacity (v/c) ratio, and 95% queue length. The calculation results showed that all approach movements for each of the potentially impacted intersections currently operate at or above a LOS “B”, with the exception of the N. 19th Avenue – Oak Street intersection. In previous studies, the northbound and eastbound thru-right movements each operate at a LOS “D”, exhibiting control delays of 39.0 and 45.8 seconds/vehicle, and 95% queues of 15 and 6 vehicles, respectively. The southbound (LOS “F”), eastbound (LOS “E”) and westbound (LOS “F”) left-turn movements also operate below an acceptable LOS “C”, exhibiting average control delays of 103.7, 64.6 and 101.5 seconds/vehicle, and v/c ratios of 0.95, 0.79 and 1.02. 247 Baxter Meadows Subdivision Phase 4 TIS Page 9 Control Delay (s/veh) LOS V/C RatioQueue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) LLLL Control Delay (s/veh)17.7 12.5 14.0 14.3 LOS BBBB V/C Ratio 0.51 0.23 0.19 0.21 Queue Length (95%)5122 LLLLTR Control Delay (s/veh)22.2 23.6 18.1 25.2 29.7 27.3 LOS C C B CCC V/C Ratio 0.11 0.67 0.40 0.72 0.46 0.20 Queue Length (95%)2751082 * Calculations based on 2005 PM Traffic with Signal Rephasing Project Completed in September 2006 13.9 13.7 TR TR 0.03 -0.30.1 0.08- 7.7 -BA 10.3- A 0.10 0.4 -LRLTTR 0.3 A 0.08 -- TR 4.9 7.5A 5.912.5 TR LT A0.000.0 0.2-- LR LT 0.060.170.6 TR Baxter Lane and Ferguson Avenue --- - - *N. 19th Avenue and Oak Street Baxter Lane and Harper Puckett Road Baxter Lane and Davis Lane Movement Group Baxter Lane and Flanders Mill Road Movement Group N. 19th Avenue and Baxter Lane Movement Group Movement Group SB -- Movement Group Movement Group Intersection MOE - NB LR EB WB TRLT7.5LR9.4A0.03--0.1 B A 0.07 0.3 -10.3B 0.73 8 TR 11.1 B 7 14.3 BB 0.53 0.19 0.18 4 TR TR TR 34.5 17.2 28.7 2 Table 1. Existing PM Peak Hour Capacity Analysis Summary 12 8 6 0.83 0.47 0.36 CBC In September 2006, a signal rephasing project, as previously recommended, was completed and substantial capacity improvements were calculated. Table 1 indicates that all movements would now operate at LOS “C” or better with the year 2005 baseline traffic demand. TRIP GENERATION Table 2, on the following page, presents a summary of trip generation for Phase 4 of the Baxter Meadows Subdivision. Within the table, trip generation rates and resulting trip projections for the average weekday and the pm peak hour are illustrated. Trip generation calculations for the development were based upon the specific land use information provided by the developer. Trip generation rates were taken from ITE’s Trip Generation Report, 7th Edition. Data for ITE land use codes 210 (Single Family Detached Housing) and Code 220 “Apartments”, which were used to predict generation trip totals for the proposed development. 248 Baxter Meadows Subdivision Phase 4 TIS Page 10 Table 2. Baxter Meadows Phase 4 Trip Generation Peak AM Hour Peak PM Hour Total Total Total Land Use Number Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit Code 210 Single Family Units 125 Dwellings *1 1277 *2 97 30 67 *3 131 86 45 Code 220 Apartments 72 1000 SF *4 484 *5 39 8 31 *6 57 37 20 Total Subdivision Trip Generation = 1761 136 38 98 188 123 65 *1 Ln(T)=0.92Ln(X)+2.71 *4 T=6.72(X) *2 T=0.70(X)+9.43 (31% enter) *5 T=0.49(X)+3.73 (20% enter) *3 Ln(T)=0.90Ln(X)+0.53 (66% enter) *6 T=0.55(X)+17.65 (65% enter) Average Weekday Phase 4 trip generation calculations indicate that there would be 1,761 average weekday trips (AWT), with 136 and 188 occurring during the peak am and pm hours respectively. The gross total number of AWT generated through the buildout of Phases 2, 3, 4 and 6 is projected to be approximately 17,300. Thus, Phase 4 trip generation represents only 10% of the gross total for all proposed developments to date. In addition, it should be noted that Marvin & Associates also projected trip generation for the remaining undeveloped phases in order to gauge future general impacts to the area roadway network. The entire Baxter Meadow development would generate approximately 24,000 average weekday trips, 2,000 of which would occur during the pm peak hour. Land use developments typically produce multi-modal trips that include pedestrian, bicycle, and transit trips, in addition to other vehicular trips. When evaluating vehicular impacts, these non-vehicular and transit-related types of trips can often be considered negligible in terms of their potential impacts on site access points. Since the Baxter Meadows Phase 4 will only include residential land uses, bicycle and pedestrian trip modes could be considered as a portion of total trip generation. The number of alternate mode trips would insignificant and for the purposes of this analysis none of the trips were assumed to be associated with pedestrian and bicycle modes. 249 Baxter Meadows Subdivision Phase 4 TIS Page 11 Trip generation potential can be further refined by determining the number of “new” external trips that would appear, as vehicular traffic, at development access points. It is common that, for developments which contain multiple land uses and/or complementary facilities, a portion of trips that would have origins or destinations at such facilities are captured internally. These trips are part of the total trip generation number, but do not have origins or destinations external to the development site, and as such, do not have an impact of the traffic network external to the development. These types of trips are known as “Internal Capture Trips” (ICT). The ITE Trip Generation Handbook contains information regarding procedures for estimating ICT. In the case of Baxter Meadows Subdivision, none of the trips were assumed to be ICT trips. Trips can be further categorized as primary purpose, diverted link, or passerby purpose trips. Primary purpose trips are trips for which the development is a primary destination from any particular origin. Diverted link trips are trips made to a development as a secondary destination that must be diverted from a path between the origin and primary destination. Passerby trips are also trips made to a development as a secondary destination, but without a diversion from the primary trip path (i.e., a stop on the way home from work). Passerby trips do not represent “new” trips added to the adjacent street system. Thus, site generated passerby trips must be considered as new external trips (movements) at the site approach or approaches, but do not appear as new trips on the adjacent street system. The ITE Trip Generation Report provides methods for estimating passerby trips for a variety of facilities. In the case of Baxter Meadows Subdivision Phase 4, the existing traffic demand on Baxter Lane and Davis Lane would not support a high level of passerby trip attraction and there are no land uses normally associated with passerby trip attraction in the Phase 4 Subdivision. Therefore, no passerby trips were accounted for in the trip generation analysis. 250 Baxter Meadows Subdivision Phase 4 TIS Page 12 TRIP DISTRIBUTION There are various methods available for determining the directional distribution of trips to and from site developments. For developments within a large urbanized area, the task is best accomplished through the creation of a computerized transportation model of the urban street system, which includes the proposed development changes. When the creation of a model is not feasible, realistic estimates can be made by determining the distribution of existing traffic volumes on the surrounding street system. The existing distribution can then be applied to newly generated trips, with adjustments made based upon the likely trip origins and destinations associated with the particular development land use or uses. For Baxter Meadows Phase 4, an existing conditions distribution was developed based upon area traffic patterns and an area of influence method, which considers the least travel time routing to external trip producers/attractors beyond the boundaries of the development. The Phase 4 land use distributions are summarized in Figure 4, on the following page. It should be noted that, an extension of 22nd Avenue between Baxter and Oak Street was recently completed as a part of the West Winds Subdivision improvements. Street closures and construction activities prevented gathering of traffic data on that street and the new extension of Davis Lane. Traffic patterns on the new streets would have some bearing on trip distribution. However, the distribution shown in Figure 4 provides a relatively accurate representation of directional demand. 251 Baxter Meadows Subdivision Phase 4 TIS Page 13 252 Baxter Meadows Subdivision Phase 4 TIS Page 14 TRAFFIC ASSIGNMENT The assignment of site traffic to a development’s street system and site access points is dependent upon several factors. Two such factors are external directional distribution and localized operational site conditions (i.e., the subdivision layout of streets). Directional distribution proportions are used to provide subdivision access traffic demand estimates. The estimates represent traffic movements to and from the site that would occur if street operations and internal site circulation had no effect on the direction of arrival or departure, other than in relation to the chosen access point. The combined calculation of demand and least time accessibility are then used to estimate likely movement volumes at each individual access point. Turning movements at each access point can then be calculated through the application of the distribution to full development vehicular trip generation totals. For the Baxter Meadows Subdivision Phase 4, the aforementioned access points on Baxter Lane and Davis Lane would serve to distribute newly generated trips from Phase 4 to and from the development. Figure 5, on the following page, illustrates the results of pm peak hour and average weekday site-generated traffic assignment for Phase 4 of the Baxter Meadows Subdivision on the surrounding street system. Figure 6, on page 16, presents a summary of peak pm hour site traffic volumes at each of the individual subdivision street intersections with Baxter Lane and Davis Lane along with the site AWT on the two adjacent streets. The peak pm hour volumes are relatively minor in comparison with other key intersections in the surrounding area. It should be noted that Vaquero Parkway is aligned in a manner that could encourage its use as a short cut from Baxter to Davis. No cut- thru traffic was assigned to this street since it is a local street and it is assumed that design features of the street will be incorporated to discourage its use as a shortcut. 253 Baxter Meadows Subdivision Phase 4 TIS Page 15 254 Baxter Meadows Subdivision Phase 4 TIS Page 16 255 Baxter Meadows Subdivision Phase 4 TIS Page 17 As detailed in the previous Baxter Meadows traffic studies, the connection between Baxter and Oak created by the Davis extension has the potential to substantially impact existing area traffic patterns by providing an alternative north-south route to N. 19th Avenue. Figure 7, on the following page, illustrates turning movement projections and ADT redistributions for eight intersections within the N. 19th Avenue and Davis Lane corridors. Since it has not been possible to update traffic counts with this new link, the previous estimates detailed in Figure 6 are used to approximate impact conditions within this report. 256 Baxter Meadows Subdivision Phase 4 TIS Page 18 257 Baxter Meadows Subdivision Phase 4 TIS Page 19 IMPACTS Traffic Volumes Traffic volume impacts for site developments can be quantified by determining the change in traffic volumes expected at various points within the surrounding network of streets. Site traffic assignments give an indication of what volume of traffic could potentially be added to the street system during the average day (ADT). Yet in almost all cases, it is very difficult to determine ADT on any section of street to within 10% accuracy. Thus, impact analyses on streets with relative percentage increases less than 10% are not normally considered critical. In any case, the percent change in daily traffic can only be used to identify general locations where impacts could be significant. It is the determination of volume changes during peak traffic flow periods that provides specific information on the type and location of impacts that could potentially occur. Figure 8, on the following page, illustrates the relative traffic volume impacts related to development site traffic and the redistribution of existing traffic to the surrounding street system. The figure also shows the relative intersection volumes that would result if Phase 4 of the Baxter Meadows Subdivision existed today (2005 traffic volume base), along with existing plus site traffic ADTs and the percentage of ADT attributable to Phase 4 development along key area streets. Substantial volume increases over existing traffic would be realized only on Baxter Lane and Davis Road and the percent increase attributable to Phase 4 development on other streets would be very minor. An exception to increased traffic would be the segment of N. 19th Avenue, north of Baxter Lane, which would likely realize a slight decrease in ADT as a result of the redistribution of traffic created by the extension of Davis Lane to Oak Street. 258 Baxter Meadows Subdivision Phase 4 TIS Page 20 259 Baxter Meadows Subdivision Phase 4 TIS Page 21 Cumulative Volumes Since operations at key intersections depend on cumulative development of subdivisions that are currently under development, the Baxter Meadows’ Phase 3 and 6 subdivision developments along with traffic projections for the Oak Meadows Subdivision, Diamond Estates Subdivision, and the Oak Springs Subdivision were added to Phase 4 traffic assignments to determine the cumulative impacts on area intersections. The intersection of Oak & 19th Avenue was recently improved by a rephasing project funded by PC Development to provide additional capacity for Phases 3 and 6 and the other aforementioned subdivisions. This intersection is still a key to development impacts in this area and Figure 9, on the following page, illustrates the traffic demand calculations relative to Phase 4 with the other subdivisions included. Phase 4 traffic assignment at this intersection is relatively minor in comparison to most of the other subdivisions combined with total background traffic volumes. Phase 4 traffic would only add 60 vehicles during the peak pm hour or approximately 2% of the total demand. Capacity Table 3, on page 23, presents capacity analysis results for existing plus Phase 4 traffic, along with Phase 3 and 6 and other subdivision traffic assignments, at potentially impacted intersections. Other intersections originally included in the Phase 3 and 6 studies all operate at LOS B or better and are not included in this summary. The addition of Phase 4 traffic alone to existing (2005 baseline) traffic would not impact any of the area intersections. Calculation results also showed that the addition of site-generated traffic from Phases 3, 4, and 6 and extraneous subdivisions would also not bring about any substantial degradation in capacity for any individual movements at any of the potentially impacted area intersections. 260 Baxter Meadows Subdivision Phase 4 TIS Page 22 261 Baxter Meadows Subdivision Phase 4 TIS Page 23 LLLL Control Delay (s/veh)24.1 12.5 13.0 13.1 LOS CBBB V/C Ratio 0.65 0.23 0.20 0.21 Queue Length (95%)4142 LLLLTR Control Delay (s/veh)23.6 33.3 20.8 30.1 34.9 28.0 LOS CCCCCC V/C Ratio 0.23 0.77 0.56 0.78 0.67 0.23 Queue Length (95%)3878134 Control Delay (s/veh) LOS V/C Ratio Queue Length (95%) Table 3. Phase 4 Plus 3&6, Existing and Other Subdivision Traffic - PM Peak Hour Capacity at Key Intersections 12.9 12.9 TR TR 0.2 A0.05 LT 7.68.0 A0.02 0.1 16.8 LTR LT 20.3 C0.36 1.6 N. 19th Avenue and Oak Street Movement Group Baxter Lane and Davis Lane N. 19th Avenue and Baxter Lane Movement Group Movement Group SBIntersection MOE NB EB WB B C TR 11.1B13.9 TR B 0.35 1.6 LTR 0.7075 CB 13 10 B 0.50 0.18 0.1824 TR TR TR C34.6 17.8 30.1 60.83 0.50 0.45 Capacity calculations (see Appendix B) for the intersections of Oak and 19th, based on added traffic from Phase and the volumes shown in Figure 9, indicate that all movements would maintain LOS “C” or better for all movements. Two of the movements: westbound thru traffic and northbound thru traffic, would have delays of 34.9 and 34.6 seconds respectively, or 0.1 and 0.4 seconds less than the LOS “D” threshold. Thus, operations acceptable to City of Bozeman standards could be maintained if Baxter Meadows Phase 4 were to be developed. FUTURE CONCERNS Baxter Lane is and will continue to be the primary travel route for Baxter Meadows site-generated traffic. In the near future, several other subdivisions will be constructed in the areas surrounding Baxter Meadows. All of these future subdivisions will create trip interchanges with Baxter Meadows, especially between the various residential and commercial land uses that will coexist. Connective streets being constructed within the West Winds Subdivision and commercial properties in the Stoneridge Subdivision could dramatically change trip distribution and traffic flow patterns and traffic assignment estimates for 262 Baxter Meadows Subdivision Phase 4 TIS Page 24 individual subdivision developments within Baxter Meadows and the resultant external site traffic may not impact 19th Avenue as much as is currently projected. Traffic impact studies completed for West Winds and Stoneridge Subdivisions did not consider developments in Baxter Meadows and therefore trip distribution and traffic assignment projections presented in the respective TIS reports would not be totally valid at the present time and it can be assumed that there would be more trip interchange to and from the west than originally predicted. This would tend to somewhat lessen impacts on 19th Avenue. In addition, future north-south arterial construction west of 19th Avenue will eventually ease the background traffic growth on 19th Avenue. The recently approved project to reconstruct the 19th and Oak intersection will satisfy the required improvements for Baxter Meadows approved subdivision phases along with those that were part of improvement conditions related to the Stoneridge Subdivision. Because of current construction in the area, it is difficult to determine what traffic pattern changes have developed with the addition of new streets in the area. However, it is assumed that the projections contained herein represent a conservative estimate of impacts associated with Phase 4 development. The signalized intersection of Baxter with N. 19th Avenue would maintain acceptable LOS operations into the foreseeable future for all approach movements. Minor phasing modifications involving protected/permissive signals for northbound movements are anticipated at some point in the future because of the numerous subdivisions being constructed and proposed in the area. From currently available traffic count data and previous traffic impact projections, it was determined that Phase 4 traffic would not be sufficient to require phasing changes (see Appendix B). When the actual need for additional signal heads to accommodate phasing changes cannot be determined with any degree of certainty. 263 Baxter Meadows Subdivision Phase 4 TIS Page 25 IMPACT MITIGATION As it is currently proposed, Baxter Meadows Subdivision Phase 4 development would not have a substantial effect on daily traffic volumes along Baxter Lane in comparison to existing plus Phase 2, 3, and 6 buildout traffic. None of the other area roads would experience traffic volume increases substantially in excess of 10% due to the development of Baxter Meadows Phase 4. Other area intersections would be impacted in a similar manner. The addition of Phase 4 site-generated traffic alone would not cause a substantial degradation in LOS at any of the potentially impacted area intersections. Impacts associated with Phases 3, 6, and 4 site traffic at the intersection of N. 19th Avenue with Oak Street are very minimal given that the recently completed signal phasing is currently in operation. Rigidly controlled capacity calculations indicate the addition of Phase 4 traffic volumes would not cause degradation in LOS sufficient to cause any of the intersection movements to be less than LOS “C”. Since City of Bozeman policy requires that all intersection movements on collector and arterial streets operate no less than LOS “C”, no impact mitigation is required. RECOMMENDATIONS Because of the relatively minor traffic volumes that would be added to the surrounding street system, no substantial impacts specifically related to Baxter Meadows Phase 4 could be identified. Phase 4 traffic volumes would be part of the cumulative impacts associated with the entire Baxter Meadows Subdivision. All of the development conditions assigned to the Baxter Meadows Phase 3 and 6 developments would adequately mitigate the cumulative impacts associated 264 Baxter Meadows Subdivision Phase 4 TIS Page 26 with adding the Phase 4 development. Therefore, the Phase 4 development should share proportionate costs of the previously conditioned improvements. Traffic calming measures should be incorporated into the design of Vaquero Parkway to reduce overall travel speeds. If allowed to operate without speed controls, its alignment and location could attract cut-through traffic and it would have future operating characteristics similar to a collector or arterial street rather than those of a local access street. 265 APPENDIX A – TRAFFIC VOLUMES 266 Hour 6/28/2005 6/29/2005 6/30/2005 Average % of Hour 6/28/2005 6/29/2005 6/30/2005 Average % ofBegin Tuesday Wednesday Thursday Day Day Begin Tuesday Wednesday Thursday Day Day12 3 3 0.3%12 3 3 0.3%23 1 2 0.2%23 0 2 0.2%32 2 2 0.2%31 3 2 0.2%43 3 3 0.3%45 5 5 0.6%510 6 8 0.9%54 4 4 0.4%623 36 30 3.3%631 25 28 3.1%774 76 75 8.3%751 51 51 5.7%852 61 57 6.3%851 65 58 6.4%951 59 55 6.1%953 55 54 6.0%1046 44 45 5.0%1046 42 44 4.9%1165 49 57 6.3%1162 69 66 7.3%1278 69 74 8.1%1298 98 98 10.9%1373 74 74 8.1%1393 106 100 11.0%1469 67 68 7.5%1477 114 96 10.6%1564 64 7.1%1576 76 8.4%1671 71 7.9%16104 104 11.5%1760 75 68 7.5%17127 128 128 14.1%1863 49 56 6.2%1868 62 65 7.2%1938 32 35 3.9%1946 37 42 4.6%2023 25 24 2.7%2027 44 36 3.9%2113 20 17 1.8%2139 32 36 3.9%2211 10 11 1.2%2227 14 21 2.3%235 5 5 0.6%2313 12 13 1.4%243 2 3 0.3%243 6 5 0.5%Total 216 904 550 903 100.0% Total 350 1092 640 1131 125.3%Baxter Ln. - East of Davis Ln. - Eastbound Volume Distribution Baxter Ln. - East of Davis Ln. - Westbound Volume DistributionBaxter Ln. Eastbound Volume Distribution0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%123456789101112131415161718192021222324Hour of Day (Beginning)Percent of Average Day VolumeHourly % of VolumeBaxter Ln. Westbound Volume Distribution0.0%2.0%4.0%6.0%8.0%10.0%12.0%1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume267 Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average % of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 23 48 48 20 21 32 0.3% 2 19 49 47 14 17 29 0.2% 3 20 24 25 22 13 21 0.2% 4 38 18 18 36 40 30 0.2% 5 118 46 41 137 123 93 0.8% 6 245 114 79 304 287 206 1.7% 7 824 286 136 887 897 606 5.0% 8 819 507 408 825 912 694 5.8% 9 672 649 451 711 621 5.1% 10 705 820 670 743 735 6.1% 11 823 966 760 782 833 6.9% 12 930 1047 881 866 931 7.7% 13 960 1035 933 885 953 7.9% 14 957 1032 975 877 960 8.0% 15 933 997 980 856 879 929 7.7% 16 877 998 1015 864 887 928 7.7% 17 991 930 963 846 924 931 7.7% 18 808 924 825 683 718 792 6.6% 19 575 655 577 477 499 557 4.6% 20 412 528 450 338 375 421 3.5% 21 354 449 440 250 278 354 2.9% 22 199 285 275 178 141 216 1.8% 23 109 173 146 82 69 116 1.0% 24 48 111 102 42 39 68 0.6% Total 5306 13203 12414 10088 11918 2310 12054 100.0% 19th Street/Oak Street Intersection Southbound Approach Volume Southbound Approach Distribution 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume 268 Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average % of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 23 63 51 24 29 38 0.3% 2 43 52 46 28 27 39 0.3% 3 43 52 49 33 35 42 0.3% 4 56 46 23 53 59 47 0.4% 5 70 48 46 90 88 68 0.6% 6 299 126 106 320 336 237 1.9% 7 510 329 139 509 517 401 3.3% 8 594 485 270 594 586 506 4.1% 9 612 697 526 619 614 5.0% 10 757 931 754 717 790 6.4% 11 963 1019 853 877 928 7.6% 12 1096 1075 1099 956 1057 8.6% 13 1101 1078 966 868 1003 8.2% 14 1047 1050 883 944 981 8.0% 15 924 1061 1079 826 975 973 7.9% 16 1030 1193 1028 816 1071 1028 8.4% 17 1022 1086 978 800 1081 993 8.1% 18 868 966 809 565 792 800 6.5% 19 625 636 593 465 543 572 4.7% 20 463 519 455 323 401 432 3.5% 21 417 432 377 206 300 346 2.8% 22 172 267 205 111 170 185 1.5% 23 94 165 143 48 60 102 0.8% 24 57 121 103 38 39 72 0.6% Total 5672 13660 12821 10009 12064 1677 12255 100.0% 19th Street/Oak Street Intersection Northbound Approach Volume Northbound Approach Distribution 0.0% 1.0%2.0%3.0% 4.0% 5.0% 6.0%7.0% 8.0% 9.0% 10.0% 1 2 3 4 5 6 7 8 9 101112131415161718192021222324 Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume 269 Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average % of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 23 48 41 13 13 28 0.4% 2 13 27 22 9 13 17 0.2% 3 10 8 19 11 11 12 0.2% 4 16 12 7 12 11 12 0.2% 5 31 22 14 32 36 27 0.4% 6 82 43 29 75 93 64 0.9% 7 253 92 67 277 290 196 2.8% 8 335 210 111 312 317 257 3.7% 9 363 332 239 347 320 4.6% 10 466 480 369 409 431 6.1% 11 613 607 399 476 524 7.4% 12 716 651 537 614 630 8.9% 13 633 646 506 552 584 8.3% 14 686 631 520 574 603 8.6% 15 677 686 654 476 681 635 9.0% 16 661 731 582 456 645 615 8.7% 17 763 741 511 415 694 625 8.9% 18 546 537 493 345 494 483 6.9% 19 387 378 317 293 279 331 4.7% 20 265 314 237 177 206 240 3.4% 21 169 230 213 108 175 179 2.5% 22 147 154 153 87 95 127 1.8% 23 63 79 70 40 48 60 0.9% 24 35 44 52 24 31 37 0.5% Total 3713 8134 7091 5301 7061 784 7035 100.0% 19th Street/Oak Street Intersection Westbound Approach Volume Westbound Approach Distribution 0.0% 1.0% 2.0%3.0%4.0% 5.0% 6.0%7.0%8.0% 9.0% 10.0% 1 2 3 4 5 6 7 8 9 101112131415161718192021222324 Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume 270 Hour 3/3/2005 3/4/2005 3/5/2005 3/6/2005 3/7/2005 3/8/2005 Average % of Begin Thursday Friday Saturday Sunday Monday Tuesday Day Day 1 6 12 13 2 0 7 0.2% 2 6 17 12 6 0 8 0.3% 3 6786050.2% 4 10775060.2% 5 24 15 20 28 2 18 0.6% 6 100 54 27 104 10 59 2.0% 7 320 106 47 308 35 163 5.5% 8 307 188 114 262 17 178 6.0% 9 221 254 161 170 202 6.8% 10 225 271 208 202 227 7.7% 11 262 231 216 233 236 8.0% 12 280 275 210 248 253 8.6% 13 273 232 209 247 240 8.1% 14 317 198 203 214 233 7.9% 15 276 274 217 204 200 234 7.9% 16 283 337 208 207 263 260 8.8% 17 311 306 206 166 38 205 6.9% 18 251 251 188 116 13 164 5.5% 19 115 124 118 79 9 89 3.0% 20 77 86 86 60 1 62 2.1% 21 65 71 60 50 5 50 1.7% 22 33 42 44 31 1 30 1.0% 23 16 31 23 16 1 17 0.6% 24 10 24 32 9 0 15 0.5% Total 1437 3903 3049 2393 2566 64 2960 100.0% 19th Street/Oak Street Intersection Eastbound Approach Volume Eastbound Approach Distribution 0.0% 1.0% 2.0%3.0%4.0% 5.0% 6.0%7.0%8.0% 9.0% 10.0% 1 2 3 4 5 6 7 8 9 101112131415161718192021222324 Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume 271 Hour 6/28/2005 6/29/2005 6/30/2005 Average % of Hour 6/28/2005 6/29/2005 6/30/2005 Average % ofBegin Tuesday Wednesday Thursday Day Day Begin Tuesday Wednesday Thursday Day Day10 1 1 0.1%10 3 2 0.3%22 1 2 0.3%21 0 1 0.1%31 1 1 0.2%30 0 0 0.0%44 4 4 0.8%41 2 2 0.3%54 1 3 0.5%52 4 3 0.6%67 14 11 2.2%612 15 14 2.8%726 25 26 5.4%721 30 26 5.4%823 27 25 5.3%825 26 26 5.4%913 19 16 3.4%915 21 18 3.8%1020 25 23 4.7%1016 26 21 4.4%1118 39 29 6.0%1127 21 24 5.1%1240 49 45 9.4%1226 37 32 6.6%1334 36 35 7.4%1321 40 31 6.4%1438 45 42 8.7%1430 33 32 6.6%1539 39 8.2%1529 29 6.1%1632 32 6.7%1627 27 5.7%1754 54 11.4%1736 36 7.6%1842 42 8.9%1829 29 6.1%1914 22 18 3.8%1911 23 17 3.6%2011 12 12 2.4%2011 11 11 2.3%218 7 8 1.6%2110 11 11 2.2%224 8 6 1.3%227 6 7 1.4%234 3 4 0.7%232 2 2 0.4%242 3 3 0.5%247 0 4 0.7%Total 43 452 287 475 100.0% Total 48 371 258 399 84.1%Davis Ln. - North of Baxter Ln. - Northbound Volume Distribution Davis Ln. - North of Baxter Ln. - Southbound Volume DistributionDavis Ln. Eastbound Volume Distribution0.0%2.0%4.0%6.0%8.0%10.0%12.0%123456789101112131415161718192021222324Hour of Day (Beginning)Percent of Average Day VolumeHourly % of VolumeDavis Ln. Westbound Volume Distribution0.0%1.0%2.0%3.0%4.0%5.0%6.0%7.0%8.0%9.0%10.0%123456789101112131415161718192021222324Hour of Day (Beginning)Percent of Average Day VolumeHourly % of Volume272 APPENDIX B – CAPACITY CALCULATIONS 273 HCM Analysis Summary 2005 PM Peak Plus Phase 4, 3&6 R Marvin 4:30-5:30 pm Analysis Duration: 15 mins. BAXTER/N 19TH AVE 9/11/2005 Case: 19BAXT~1 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 2 2 2 3 2 3 2 L 12.0 L 12.0 L 12.0 L 12.0 TR 12.0 TR 12.0 T 12.0 T 12.0 TR 12.0 TR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) L 3 TR 3 L 3 TR 3 L 3 TR 3 L 3 TR 3 74 0.79 1 17 0.79 1 126 0.79 1 66 0.67 1 38 0.67 1 54 0.67 1 142 0.90 1 1058 0.90 4 35 0.90 1 26 0.89 1 760 0.89 4 35 0.89 1 60 0 0 0 --- --- 15 0 0 0 --- --- 10 0 0 0 --- --- 20 0 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only LTP LTP LTP LTP 0 22.0 2.3 1.7 30.0 2.3 1.7 Actuated 60.0 Sec 8.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB L 472 0.073 0.367 L 0.199 13.0 B 12.9 B TR 609 0.064 0.367 TR 0.174 12.9 B WB * L 476 0.076 0.367 L 0.208 13.1 B 13.0 B TR 639 0.066 0.367 TR 0.180 12.9 B NB L 242 0.326 0.499 L 0.653 24.1 C 15.1 B * TR 1727 0.348 0.499 TR 0.697 13.9 B SB L 129 0.112 0.499 L 0.225 12.5 B 11.2 B TR 1728 0.252 0.499 TR 0.504 11.1 B Intersection: Delay = 13.4sec/veh Int. LOS=B Xc= 0.49 * Critical Lane Group (v/s)Crit= 0.42 SIG/Cinema v3.08 Page 1 274 NETSIM Summary Results 2005 PM Peak Plus Phase 4, 3&6 R Marvin 4:30-5:30 pm BAXTER/N 19TH AVE 9/11/2005 Case: 19BAXT~1 App Group Lane (veh) Avg/MaxPer LaneQueues (mph) SpeedAverage Period) (% of PeakWorst LaneSpillback in EB L 2 / 4 9.4 0.0 TR 1 / 2 20.3 0.0 All 16.5 0.0 WB L 1 / 2 11.2 0.0 TR 3 / 4 13.6 0.0 All 13.1 0.0 NB L 2 / 4 7.1 0.0 TR 5 / 7 16.0 0.0 All 14.9 0.0 SB L 0 / 1 17.9 0.0 TR 4 / 5 16.8 0.0 All 16.8 0.0 Intersect. 15.4 SIG/Cinema v3.08 Page 2 74 17 126 66 38 54 142 1058 35 26 760 35 1 22 22 1 22 22 2 30 22 2 30 22 275 HCM Analysis Summary Baxter Meadow Exist Plus Phase 4 R MARVIN PEAK PM HOUR Analysis Duration: 15 mins. OAK STREET/N 19TH AVE 10/18/06 Case: 19TH OAK E + 4 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 1 3 1 3 2 3 2 L 12.0 L 12.0 L 12.0 L 12.0 TR 12.0 T 12.0 T 12.0 T 12.0 R 12.0 TR 12.0 TR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) L 3 TR 3 L 3 T 3 R 3 L 3 TR 3 L 3 TR 3 102 0.94 0 169 0.94 0 20 0.94 0 336 0.94 0 239 0.94 0 184 0.94 0 30 0.94 0 821 0.94 0 266 0.94 0 181 0.94 0 700 0.94 0 97 0.94 0 8 0 0 0 --- --- 100 0 0 0 --- --- 120 0 0 0 --- --- 50 0 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only L L LTP LTP LTP LTP LTP 0 11.0 3.0 0.0 27.0 3.3 1.7 10.0 3.0 0.0 34.0 3.3 1.7 Actuated 98.0 Sec 11.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB Lper 237 0.000 0.327 24.7 C Lpro 203 0.060 0.112 L 0.248 17.3 B TR 518 0.103 0.276 TR 0.373 28.8 C WB * Lper 290 0.174 0.327 27.4 C * Lpro 203 0.112 0.112 L 0.724 25.7 C T 523 0.134 0.276 T 0.486 30.0 C R 445 0.055 0.276 R 0.200 27.3 C NB L 215 0.052 0.347 L 0.149 22.2 C 34.2 C * TR 1224 0.291 0.347 TR 0.840 34.6 C SB Lper 78 0.046 0.398 19.3 B * Lpro 184 0.102 0.102 L 0.737 28.4 C TR 1715 0.222 0.480 TR 0.464 17.1 B Intersection: Delay = 26.9sec/veh Int. LOS=C Xc= 0.77 * Critical Lane Group (v/s)Crit= 0.68 SIG/Cinema v3.08 Page 1 276 NETSIM Summary Results Baxter Meadow Exist Plus Phase 4 R MARVIN PEAK PM HOUR OAK STREET/N 19TH AVE 10/18/06 Case: 19TH OAK E + 4 App Group Lane (veh) Avg/MaxPer LaneQueues (mph) SpeedAverage Period) (% of PeakWorst LaneSpillback in EB L 2 / 4 13.4 0.0 TR 4 / 6 8.9 0.0 All 10.3 0.0 WB L 7 / 8 8.7 0.0 T 7 / 8 11.3 0.0 R 1 / 1 16.0 0.0 All 10.4 0.0 NB L 1 / 2 6.9 0.0 TR 11 / 12 9.5 0.0 All 9.4 0.0 SB L 5 / 7 4.4 0.0 TR 6 / 8 14.4 0.0 All 11.6 0.0 Intersect. 10.4 SIG/Cinema v3.08 Page 2 102 169 20 336 239 184 30 821 266 181 700 97 1 11 03 1 11 03 2 27 23 2 27 23 3 10 03 4 34 23 4 34 23 277 HCM Analysis Summary Baxter Meado 4 Plus Alll Platted R MARVIN PEAK PM HOUR Analysis Duration: 15 mins. OAK STREET/N 19TH AVE 2/24/07 Case: 19THOA~2 Area Type: Non CBD Lanes Geometry: Movements Serviced by Lane and Lane Widths (feet) Approach Outbound Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 Lane 6 EB WB NB SB 2 1 3 1 3 2 3 2 L 12.0 L 12.0 L 12.0 L 12.0 TR 12.0 T 12.0 T 12.0 T 12.0 R 12.0 TR 12.0 TR 12.0 East West North South LTRLTRLTRLTRData Movement Volume (vph) PHF % Heavy Vehicles Lane Groups Arrival Type RTOR Vol (vph) Peds/Hour % Grade Buses/Hour Parkers/Hour (Left|Right) L 3 TR 3 L 3 T 3 R 3 L 3 TR 3 L 3 TR 3 187 0.94 0 202 0.94 0 27 0.94 0 336 0.94 0 335 0.94 0 196 0.94 0 42 0.94 0 803 0.94 0 261 0.94 0 193 0.94 0 689 0.94 0 168 0.94 0 8 0 0 0 --- --- 100 0 0 0 --- --- 120 0 0 0 --- --- 68 0 0 0 --- --- Signal Settings: Operational Analysis Cycle Length: Lost Time Per Cycle: Phase: EB WB NB SB Green Yellow All Red 12345678Ped Only L L LTP LTP LTP LTP LTP 0 11.2 3.0 0.0 28.0 3.3 1.7 10.6 3.0 0.0 34.7 3.3 1.7 Actuated 100.5 Sec 11.0 Sec Capacity Analysis Results Approach: App Group Lane Cap(vph)v/sRatio g/CRatio LaneGroup v/cRatio Delay(sec/veh) LOS Delay(sec/veh) LOSEB Lper 157 0.000 0.328 25.9 C Lpro 201 0.110 0.111 L 0.556 20.8 C TR 523 0.125 0.279 TR 0.449 30.1 C WB * Lper 256 0.200 0.328 31.9 C * Lpro 201 0.111 0.111 L 0.781 30.1 C T 529 0.187 0.279 T 0.673 34.9 C R 450 0.063 0.279 R 0.227 28.0 C NB L 199 0.078 0.345 L 0.226 23.6 C 34.1 C * TR 1218 0.284 0.345 TR 0.824 34.6 C SB Lper 75 0.079 0.395 20.9 C * Lpro 190 0.105 0.105 L 0.774 33.3 C TR 1702 0.237 0.481 TR 0.493 17.8 B Intersection: Delay = 28.4sec/veh Int. LOS=C Xc= 0.79 * Critical Lane Group (v/s)Crit= 0.70 SIG/Cinema v3.08 Page 1 278 NETSIM Summary Results Baxter Meado 4 Plus Alll Platted R MARVIN PEAK PM HOUR OAK STREET/N 19TH AVE 2/24/07 Case: 19THOA~2 App Group Lane (veh) Avg/MaxPer LaneQueues (mph) SpeedAverage Period) (% of PeakWorst LaneSpillback in EB L 5 / 7 8.4 0.0 TR 4 / 6 9.3 0.0 All 8.8 0.0 WB L 7 / 8 8.1 0.0 T 11 / 13 9.1 0.0 R 2 / 4 13.3 0.0 All 9.0 0.0 NB L 1 / 3 4.0 0.0 TR 11 / 13 9.5 0.0 All 9.2 0.0 SB L 5 / 8 4.9 0.0 TR 6 / 10 13.6 0.0 All 11.6 0.0 Intersect. 9.7 SIG/Cinema v3.08 Page 2 187 202 27 336 335 196 42 803 261 193 689 168 1 11 03 1 11 03 2 28 23 2 28 23 3 11 03 4 35 23 4 35 23 279 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst R Marvin Agency/Co.Marvin & Associates Date Performed 10/18/06 Analysis Time Period PM Peak Hour Intersection Baxter/Davis Jurisdiction PLUS Phases 4, 3 & 6 Analysis Year 2006 Project Description Baxter Meadows Subdivision TIS East/West Street: Baxter Lane North/South Street: Davis Lane Intersection Orientation: East-West Study Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h)50 122 33 20 224 40 Peak-Hour Factor, PHF 0.86 0.86 0.86 0.89 0.89 0.89 Hourly Flow Rate, HFR (veh/h)58 141 38 22 251 44 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h)34 72 12 19 54 58 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.78 0.78 0.78 Hourly Flow Rate, HFR (veh/h)37 80 13 24 69 74 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR v (veh/h)58 22 130 167 C (m) (veh/h)1278 1409 364 471 v/c 0.05 0.02 0.36 0.35 95% queue length 0.14 0.05 1.58 1.58 Control Delay (s/veh)8.0 7.6 20.3 16.8 LOS A A C C Approach Delay (s/veh)----20.3 16.8 Approach LOS ----C C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 2/24/2007 5:05 PM Page 1 of 1Two-Way Stop Control 2/24/2007file://C:\Documents and Settings\Robert\Local Settings\Temp\u2k42.tmp 280 281 282 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 Open Space Plans Contents • Specifications (Prepared by Peaks to Plains Design) • Landscape Plans – Options “A”, “B”, and “C” – 11x17 (Full size plans - Tab 25) • Cost Estimate • Wetlands (Lynn Bacon, PBS&J) • Open Space Area & Performance Points Calculations Introduction Phase 4 contains 9.5 acres of open space, or approximately 26% of net (non-right of way) area. The majority of this open space surrounds the Spring Ditch, which will be greatly enhanced as a result of this project. It is currently a straight, narrow ditch, with an average of 2.5’ of wetland grasses on either side. As a part of this development, the north half of this ditch will be re-routed and reconstructed, and the wetlands increased approximately 200-300%. In addition, 280 trees and shrubs will be added to the stream corridor (not counting the “open space landscaping” that is in addition to the “wetland plantings”). Meandering through this natural meadow will be gravel trails connecting this phase to the commercial center and numerous parks to the north, and the Gallatin County Regional Park to the south. We have included three versions of open space landscape plans for review and discussion with the Design Review Board. The three plans are as follows: • Option “A” – This plan technically meets the requirements for 5 performance points per yard for the stream areas north and south of C Street. (“Wetland plantings” are not included toward the performance points). However, it results in a very unbalanced plan. • Option “B” – This plan keeps the same quantity of landscaping as Option “A”, but balances it throughout the site, and creates groupings at areas interest, as well as adding landscape berms. We feel this plan strikes the best balance for this particular area, and is our preferred plan. • Option “C” – This plan starts with Plan “B”, and adds more landscaping in the stream corridors. This would be an acceptable plan to us if the Board felt that more landscaping was needed. Open space areas will be owned and maintained by the homeowners association. Please refer to HOA documents under Tab 7 for more details on maintenance requirements. 283 Proposed Open Space Improvements Pedestrian Circulation Pedestrian circulation throughout this area is facilitated by a series of trails which transverse the open space in all directions, allowing for quick, logical connections. Waterway crossings are necessary in two locations. Depending on the location, a pedestrian-loaded bridge will be installed, with the appropriate tread and guardrails or a culvert may be placed with the gravel trail across. If a culvert is installed, appropriate permitting and sizing for flow will be necessary. The gravel trail will be built to the City of Bozeman standards. Trail bed must be excavated 6 inches deep, prior to installation of tread mix. Tread mix shall be installed in two parts. The first 3 inch lift shall be of ¾” Road mix, compacted, and then 3/8th inch minus gravel (natural fines). Natural fines used for these trails shall consist of 80% sand, 10% silt and 10% clay. If the material falls outside of these parameters, the City Of Bozeman Parks Divisions must be consulted for approval or modification. If the natural fines tread mix does not contain enough clay or silt binder, additional binder must be mixed in. Alternative soil stabilizer products are acceptable, but must be approved by the City of Bozeman Parks Division. Trail bed must be filled up to original surface along both edges with a cross slope of no less than 2% and no more than 5% to provide for water drainage. Tread mix must be rolled flat and compacted after installation, maintaining a 2% to 5% cross slope. (If moisture content is not adequate for compaction, water should be added prior to rolling and compacting). Where terrain allows, slope of trail should not exceed 12:1 with a cross slope no greater than 20:1 (5%) to provide for ADA accessibility. All damage to surrounding features and/or vegetation shall be reclaimed immediately. Encroaching weeds, due to trail construction, shall be treated and controlled for a minimum of 2 years after trail section is completed. Minimum overhead clearance shall be 96" for pedestrian and bike traffic, and 120" for equestrian traffic. All of the gravel trails in this phase will be constructed to a 8 foot width. Bridges Bridges shall have a minimum width of 96 inches, to allow wheelchair turn around and passing. Height of bridge is measured from bridge deck to bottom of stream or river. If deck is more than 30 inches high, a protective rail is required. Rails are to be 42 inches high, with at least one midrail at 34 inches, to be used as a handrail. A protective barrier must be installed along the length of the rail system with either solid paneling or vertical bars. Spacing between bars shall be no greater than 3.5 inches or less than 9 inches. All bridges to be installed on public lands must be certified by a civil or structural engineer. If bridge does not require a rail, it must have a 4 inch high curb on, both sides, along entire length of bridge. Deck should be constructed of slip-resistant material. Deck of bridge shall not exceed a 12:1 slope along any part of its length. Deck, and ends of bridge, must have no abrupt change in surface level greater than ½ inch. cross slope shall not exceed 2%. Bridges must be rated for a minimum load of 12,500 lbs. and display a permanent label indicating the load limit, year it was built and manufacturer. Aesthetic and Functional Grading Large berms are placed along Davis Lane to give the landform additional character and interest, screen residences from public uses and provide additional safety and security from roadways. The berms will be in contrast to several detention ponds located throughout the subdivision. These on site facilities will collect water during run off events then quickly disperse it into the appropriate water body after the sediments have settled. The detention ponds will be seeded with native grasses tolerant to occasional submersion. 284 Woody Vegetation The vegetation in all of the open space will be quality nursery stock. Boulevard trees will be planted in most right of way areas as required by the City of Bozeman. Boulevard trees along Davis Lane will be planted in the open space to insure ten foot offset from the existing water line along the western edge of Davis Lane. Boulevard trees will be limited to deciduous shade trees. Exact tree species will be detailed as part of the construction documents and approved by the City Forester. Boulevard trees will contain several different species to avoid a monoculture. Below is a list of species to be considered: Botanical Name Common Name Characteristics Fraxinus nigra Black Ash 40-50’ Height, significant fall color Tilia cordata Littleleaf Linden 40’-50’ Height, canopy tree Fraxinus pennsylvanica Green Ash Seedless Gleditsia triacanthos ‘Skyline’ Skyline Honeylocust Filtered shade Tilia americana ‘Redmond’ Redmond Linden Pyramidal shape Acer platanoides ‘Emerald Queen’ Emerald Queen Maple Significant fall color Ulmus americana ‘Morton’ Morton American Elm Dutch Elm Disease resistant In addition to the tree species listed above, several other deciduous shade trees may be considered for use in the park and open space areas. Each species will be selected for its water needs, growth form and maintenance requirements. Botanical Name Common Name Characteristics Sorbus aucuparia European Mountainash Native, orange fruits Quercus macrocarpa Bur Oak Stately tree, slow growing Acer rubrum ‘Northwood’ Northwood Maple Significant fall color Populus tremuloides Quaking Aspen Significant fall color, bark Salix pentandra Laurel Leaf Willow Used only in wetland areas Smaller, ornamental trees add interest to the landscape by having significant flowering capabilities, ornamental fruit or interesting bark Ornamental trees are placed at trail crossings or other areas of public use. Botanical Name Common Name Characteristics Syringa reticulata Japanese Tree Lilac White flowers Prunus maackii Amur Chokecherry Copper bark Prunus virginiana ‘Shubert’ Canada Red Chokecherry Purple leaves Crataegus x mordenensis Toba Hawthorn Thornless, flowers Pyrus ussuriensis Ussurian Pear Fall color, flowers Acer ginnala Amur Maple Significant fall color, single stem Any areas with shrubs are planted according to the wetland mitigation plan. Mesic shrub species include dogwoods, willows and alder. Lynn Bacon, at PBS&J, has prepared a document, dated October 17, 2006, which outlines the wetland mitigation plans 285 Herbaceous Vegetation Any areas that are disturbed by construction activities will have a prepared seed bed and reseeded with the appropriate grass species. It is recommended that all seeding is completed with a narrow spacing drill seeder, then rolled and compacted for optimum establishment. In areas with slopes at or over 3:1, broadcast seeding will be appropriate, but must be raked into the soil and then rolled and compacted. In areas that receive rotor irrigation, the recommended seed mix is as follows: Grass Species Percentage of mix Kentucky Bluegrass 60 % Perennial Ryegrass 25 % Creeping Red Fescue 15 % Drill Seed at 5 lbs. per 1000 square feet; double the rate for broadcast seeding Areas that are not in wetland or low lying areas and do not receive any irrigation will be reclaimed and seeded with the following mix which contains many of the native species found in the region: Grass Species Percentage of Mix Western Wheatgrass 40 % Slender Wheatgrass 20 % Thickspike Wheatgrass 10 % Bluebunch Wheatgrass 10 % Sheep Fescue 10 % Sherman Big Bluegrass 10 % Drill seed at 10 lbs. per acre, double the rate for broadcast seeding Irrigation Systems The irrigation system will be professionally designed and built to the City of Bozeman standards specifications. All main lines and lateral lines will be schedule 40 PVC pipe, with the exception of any drip lines which will be a class 160 polyethylene pipe. Most of the area will be irrigated with gear- driven rotor heads connected with unitized swing joint to the main line. Trees located in native grass (non irrigated) areas will receive supplemental drip irrigation for establishment purposes. Two different wells will be drilled in the phase 4 open space. Each of the wells will produce the maximum allowable rate of 35 gallons per minute and will contain a submersible pump that provides the necessary pressure to efficiently run the system. The systems will be controlled with Maxicom- compatible automatic controllers that are programmed to run the pump relay and individual zones. Maintenance Responsible Party The developer will maintain the open space until a Homeowners Association is formed and can assume control of maintenance. 286 Mowing and Watering Depending on seasonal moisture, native grasses should be mowed 3 to 4 times per year; the first time at the end of May, the second time in mid-July, and the final time occurring in mid-October. The mow height should be a minimum of 4 inches, with 6 inches being preferable. Every third year native grasses should be burned in late winter or early spring. The burning is important because it controls invasive plants, eliminates crop residue and recycles nutrients. Turf grass areas should have a mow height of no less than 3 inches and be allowed to grow to 4 or 4 - 1/2 inches before being mowed again. Bluegrass lawn areas require roughly 12 inches of water between June 1st and September 1st. At peak demand this means roughly 1 inch of precipitation per week in lawn areas. For mature lawn areas, this water should be spread evenly through the week and in less frequent, deeper soakings. Noxious Weed Control A noxious weed control program has been established with a local contractor. A yearly property check with spot spraying as required should occur in the month of June. This should be coordinated with the County Weed Supervisor and the NRCS agent. This program can also be used to control the weeds in gravel trails and walkways with spot application of a weed control agent as required. Fertilization Fertilizing of grass and lawn areas should be done as necessary in should not be overdone to minimize water needs and mowing and to protect sensitive areas. Lawns which have irrigation at head to head coverage should have two applications of fertilizer: The first should be a blend of 17-17-17 in May and then should have an application of 27-8-8 in mid summer. As the lawns are establishing the rate of fertilization should be 40 lbs per 10,000 square feet. An established lawn should be fertilized at a rate of 60 lbs. per 10,000 square feet. Bi-annual soil test should be taken to assess soil nutrient contents and adjust fertilizer rates accordingly. The seed mix that has no irrigation or areas within 50 feet of a stream or wetland should not be fertilized and has no plan for regular application of fertilizer. This will minimize excess nutrient run-off that will adversely affect the water ecosystem. Trees and shrubs located within the 50 foot corridor should be monitored and if deemed that they need fertilization, the use of capsule fertilizer should be utilized. In areas outside the corridor, the shade trees should be fertilized in April with 16-10-9 plus iron and zinc. Once trees and shrubs are established, they should be fertilized with tree food spikes. Do not fertilize trees and shrubs past mid-July. Pruning of evergreens should occur in June. Shade trees should be pruned in April, except maples and birch. Maple and Birch species should be pruned in mid to late July. General monitoring for pests and diseases should be done throughout the year. Trees and shrubs should be deep watered right before the ground freezes. Snow Removal Concrete sidewalks located in the public right-of-way will have the snow removed within 24 hours of the end of any snowfall event as per Bozeman Ordinance 1529. The responsible party for sidewalks not directly adjacent to private property will be the subdivision’s home owner’s association. Gravel trails will not have a regular snow removal schedule. 287 Irrigation System The irrigation system should be charged in April, after the frost has left the ground and plant material begins to grow. All of the manual drain valves should be turned to the closed position. The power for the well pump should be switched to the “on” position. Program or adjust the controller for the current month’s watering needs. Check all heads to ensure that there is no breakage and that proper coverage is attained. Each month the heads and controller should be checked and adjusted for the weather. The irrigation system will need to be monitored to watch for breaks, vandalism and overall needs of the site. When the sprinkler heads are repaired, repairs should be made with the same brand and nozzles. This ensures that the coverage is efficient for the working pressure and disperses at an equal precipitation rate. The heads should be checked to ensure that they are seated at a level which it is not damaged from mowing or maintenance equipment. A periodic check of the drip emitters around the trees is necessary to ensure they are functioning properly. Winterization of the irrigation system typically occurs during the last week of October. At this time, the power to the well pump should be turned off. All manual drain valves should be opened. Use a high- powered air pump to connect to many of the quick coupler valves around the system. Run air through the system, opening and closing each valve zone, until all of the water is completely out of the system. Turn off the controller and leave the water off until spring. If winter time watering is necessary, this should be done manually from a tank to avoid damage to the system. Animal Control Domestic pets on trails must be kept on a leash and must immediately collect their refuse. Rodents may be controlled if levels of predation threaten the survival of plantings or constitute a health hazard. Poisons to control rodents can not be used on City of Bozeman owned or dedicated land. 288 289 290 291 292 293 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plan Application February 2007 4A 4B 4C 4D Totals: Total Area (acres) 10.67 15.17 11.77 10.01 47.61 ROW 3.28 3.95 3.74 0.66 11.62 Net Area1 7.40 11.22 8.03 9.35 35.99 Open Space 2.38 0.62 1.20 5.28 9.48 % Open Space2 32.22% 5.54% 14.92% 56.51%26.35% 1Net Area = Total Area - ROW = Lot Area + Open Space 2% Open Space = Open Space/Net Area*100 Open Space Calculations 294 PRELIMINARY COST ESTIMATEProject:Baxter Meadows Subdivision Phase: Phase 4Date:April 2, 2007Prepared By: Peaks to Plains Design, P.C.ITEMDESCRIPTION QTY UNIT UNIT COST TOTALREQUIRED BY UDOGravel Trails at 8' wide - City of Bozeman 2,770 LF 3.33$ 9,224$ NOShade Trees - Boulevard 1-1/2" cal. B&B 27 EA 175.00$ 4,725$ YESShade Trees - Boulevard 2" cal. B&B 48 EA 200.00$ 9,600$ YESOrnamental Trees - Boulevard 1-1/2" cal. B&B 12 EA 150.00$ 1,800$ YESShade Trees - Open Space 1-1/2" cal. B&B 27 EA 175.00$ 4,725$ NOShade Trees - Open Space 2" cal. B&B 8 EA 200.00$ 1,600$ NOOrnamental Trees - Open Space 1-1/2" cal. B&B 10 EA 150.00$ 1,500$ NOEvergreen Trees - Open Space6' Height 16 EA 175.00$ 2,800$ NOShrubs - Open Space 5 gal. 131 EA 50.00$ 6,550$ NOSeed Mix #1 Turf Lawn Seed 182,656 SF 0.04$ 7,306$ YESSeed Mix #2 Native Lawn (Assume 50% reseeding) 120,225 SF 0.04$ 4,809$ YESRotor Irrigation 6" pop-up (seed mix #1) 182,656 SF 0.45$ 82,195$ YESDrip Irrigationto trees in native lawns only 61 EA 54.00$ 3,294$ NODrip Irrigationto shrubs in native lawns only 131 EA 35.00$ 4,585$ NOWell system developmentincluding underground power 2 EA 12,000.00$ 24,000$ YESWater Crossings Bridges 1 EA 15,000.00$ 15,000$ NOWetland Enhancement Per UDO requirements 1 LS 6,495.00$ 6,495$ YESSUBTOTAL190,209$ MOBILIZATION & INSURANCE 10% 19,021$ CONTINGENCY15% 31,384$ TOTAL240,614$ 4/2/2007Plan A295 PRELIMINARY COST ESTIMATEProject:Baxter Meadows Subdivision Phase: Phase 4Date:April 2, 2007Prepared By: Peaks to Plains Design, P.C.ITEMDESCRIPTION QTY UNIT UNIT COST TOTALREQUIRED BY UDOGravel Trails at 8' wide - City of Bozeman 2,770 LF 3.33$ 9,224$ NOShade Trees - Boulevard 1-1/2" cal. B&B 27 EA 175.00$ 4,725$ YESShade Trees - Boulevard 2" cal. B&B 48 EA 200.00$ 9,600$ YESOrnamental Trees - Boulevard 1-1/2" cal. B&B 12 EA 150.00$ 1,800$ YESShade Trees - Open Space 1-1/2" cal. B&B 35 EA 175.00$ 6,125$ NOOrnamental Trees - Open Space 1-1/2" cal. B&B 14 EA 150.00$ 2,100$ NOEvergreen Trees - Open Space6' Height 14 EA 175.00$ 2,450$ NOShrubs - Open Space 5 gal. 129 EA 50.00$ 6,450$ NOSeed Mix #1 Turf Lawn Seed 182,656 SF 0.04$ 7,306$ YESSeed Mix #2 Native Lawn (Assume 50% reseeding) 120,225 SF 0.04$ 4,809$ YESRotor Irrigation 6" pop-up (seed mix #1) 182,656 SF 0.45$ 82,195$ YESDrip Irrigationto trees in native lawns only 28 EA 54.00$ 1,512$ NODrip Irrigationto shrubs in native lawns only 74 EA 35.00$ 2,590$ NOWeed Barrier Fabric & Mulchwoven fabric & rock mulch 6,680 SF 0.84$ 5,611$ NOEdgingAluminum or concrete 110 LF 4.75$ 523$ NODrip Irrigationto planting beds along Baxter 6,680 SF 0.80$ 5,344$ NOBerms1,141 CY 8.00$ 9,128$ NOWell system developmentincluding underground power 2 EA 12,000.00$ 24,000$ YESWater Crossings Bridges 1 EA 15,000.00$ 15,000$ NOWetland Enhancement Per UDO requirements 1 LS 6,495.00$ 6,495$ YESSUBTOTAL206,987$ MOBILIZATION & INSURANCE 10% 20,699$ CONTINGENCY15% 34,153$ TOTAL261,839$ 4/2/2007Plan B296 PRELIMINARY COST ESTIMATEProject:Baxter Meadows Subdivision Phase: Phase 4Date:April 2, 2007Prepared By: Peaks to Plains Design, P.C.ITEMDESCRIPTION QTY UNIT UNIT COST TOTALREQUIRED BY UDOGravel Trails at 8' wide - City of Bozeman 2,770 LF 3.33$ 9,224$ NOShade Trees - Boulevard 1-1/2" cal. B&B 27 EA 175.00$ 4,725$ YESShade Trees - Boulevard 2" cal. B&B 48 EA 200.00$ 9,600$ YESOrnamental Trees - Boulevard 1-1/2" cal. B&B 12 EA 150.00$ 1,800$ YESShade Trees - Open Space 1-1/2" cal. B&B 48 EA 175.00$ 8,400$ NOShade Trees - Open Space 2" cal. B&B 4 EA 200.00$ 800$ NOOrnamental Trees - Open Space 1-1/2" cal. B&B 14 EA 150.00$ 2,100$ NOEvergreen Trees - Open Space6' Height 14 EA 175.00$ 2,450$ NOShrubs - Open Space 5 gal. 132 EA 50.00$ 6,600$ NOSeed Mix #1 Turf Lawn Seed 182,656 SF 0.04$ 7,306$ YESSeed Mix #2 Native Lawn (Assume 50% reseeding) 120,225 SF 0.04$ 4,809$ YESRotor Irrigation 6" pop-up (seed mix #1) 182,656 SF 0.45$ 82,195$ YESDrip Irrigationto trees in native lawns only 45 EA 54.00$ 2,430$ NODrip Irrigationto shrubs in native lawns only 77 EA 35.00$ 2,695$ NOWeed Barrier Fabric & Mulchwoven fabric & rock mulch 6,680 SF 0.84$ 5,611$ NOEdgingAluminum or concrete 110 LF 4.75$ 523$ NODrip Irrigationto planting beds along Baxter 6,680 SF 0.80$ 5,344$ NOBerms1,141 CY 8.00$ 9,128$ NOWell system developmentincluding underground power 2 EA 12,000.00$ 24,000$ YESWater Crossings Bridges 1 EA 15,000.00$ 15,000$ NOWetland Enhancement Per UDO requirements 1 LS 6,495.00$ 6,495$ YESSUBTOTAL211,235$ MOBILIZATION & INSURANCE 10% 21,124$ CONTINGENCY15% 34,854$ TOTAL267,213$ 4/2/2007Plan C297 298 299 300 301 302 303 304 305 306 307 308 BAXTER MEADOWS SUBDIVISION, P.U.D., PHASE 4PRELIMINARY PLAT / P.U.D. APPLICATIONThe following topics are stipulated in the referenced sections within the Declarations of each of the Associations:SouthSouthMaster CommunityP.O.A.CondoTopicDeclarationsDeclarationsDeclarationsMembership33.13.1Common Land/Facilities4 & 5.3 4.1, 4.7, 4.8Enforcement3.3 & 611.1Perpetual Reservation4 & 5.34 & 5.3Right To Use44Responsibility107.1Assessments65.3Dispute Resolution8.7 & 11.2 6.4 & 11.14Transfer of Ownership/Control1.4 (v)1.2 (t)Prevailing Party1010.211.1 (d)City's Right of Access and Maint.55.35.3Summary Guide to Information Required by the City of Bozeman U.D.O., section 18.72.040, paragraph A, B, and C.The following topics are stipulated in the referenced sections within the Declarations of each of the Associations:MasterSouthSouth CondoEstablishment of O.A. before properties soldMandatory membership w/ specified voting rights3.13.13.1Permanent open space restrictions7.57.5Liability insurance, taxes, common area maintenance5.310.3 / 6.1 / 5.1 9.3 / 10.4 / 4.8Power to levy assessments6.16.15.3Governing board shall be at least five and property owners1.4 (j)1.2Common area/facility maintenance guarantee5.35.35.3Guarantee of open space preservation1.37.57.5Summary Guide to Information Required by the City of Bozeman U.D.O., Section 18.72.020309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 Design Review Board Minutes – April 25, 2007 1 DESIGN REVIEW BOARD WEDNESDAY, APRIL 25, 2007 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Livingston called the meeting to order at 5:40 p.m. and directed the secretary to record the attendance. Members Present Staff Present Christopher Livingston Lanette Windemaker, Contract Planner Michael Pentecost Tara Hastie, Recording Secretary Bill Rea Walter Banziger Visitors Present Mark Meissner Ray Johnson Harley Huestis Jerry Perkins Lee Oldenburger ITEM 2. MINUTES OF APRIL 11, 2007. Vice Chairperson Pentecost stated that on page 4, his statement regarding old and new construction should say “was not blurred” instead of “blurred”. MOTION: Mr. Rea moved, Vice Chairperson Pentecost seconded, to approve the minutes of April 11, 2007 with corrections. The motion carried 4-0. ITEM 3. PROJECT REVIEW 1. Baxter Meadows Phase 4 PUD Prel. Plan #Z-07049 (Windemaker) Southwest of the intersection of Baxter Lane and Davis Lane * A Planned Unit Development Preliminary Plan with relaxations to allow 125 single-family lots, one multi-family lot, and one owner’s center lot with related site improvements. Harley Huestis and Mark Meissner joined the DRB. Contract Planner Lanette Windemaker presented the Staff Report noting the proposal was a 127 lot PUD subdivision with 125 of those lots being single-family. She noted the location of the proposal and directed the DRB to the requested relaxations in the Staff Report; she reiterated those relaxations. She stated Staff was not fully supportive of the height request of 17 foot tall light poles. Mr. Huestis responded that the applicant would institute the 20 foot tall light poles recommended by Staff. She stated the community center lot relaxation request had been found to be unnecessary. She stated the architectural features needed to appear in the covenants; adding that she thought the architectural features had already been included in the existing covenants from previous phases. She stated she was seeking feedback from the DRB regarding which of three landscape plans the DRB would like to see instituted on the site. 600 Design Review Board Minutes – April 25, 2007 2 Mr. Huestis stated the landscape plans would be the largest issue before the DRB and directed their attention to his full size renderings of three proposed landscape plans. He stated the PUD landscape point requirements had been met, but the site plan landscaping criteria would be what the DRB was recommending. He listed the potential locations of landscaping and explained how many required landscape points would be derived from each plan; adding that there were also wetlands landscaping requirements that must be considered. He stated the applicant preferred landscape plan B as it met the minimum performance points required and would spread out the landscaping. He stated the third plan included more landscaping and maintained the buffer areas depicted on landscape plan B. He stated that plan C was above and beyond the minimum and the applicant would do either landscape plan B or plan C. Mr. Rea asked Planner Windemaker which landscape plan Staff was supportive of. Planner Windemaker responded that Staff would like to see above and beyond the minimum amount of landscaping (landscape plan C) due to the relaxations requested with the PUD. Mr. Huestis stated that the covenants called out four-foot tall, open fences along the trail corridor and had addressed the required architectural style. He stated the floor plan had been thought out and the elevations had been provided so that variations of them could be used. He stated that each elevation had interest to it and the submitted floor plans did not necessarily have to be located on the perimeter of the site. Mr. Rea asked if the jog in the southeast corner of the development was for the expansion of Davis Lane (a turning lane). Mr. Huestis responded that it would provide for the expansion of Davis Lane. Mr. Banziger asked if Staff had a preference on the landscape plan. Planner Windemaker responded Staff would prefer to see option C. Chairperson Livingston asked if it would be on-street parking. Mr. Huestis responded that the streets were a standard design of 31 feet back of curb to back of curb with parking on both sides; adding the PUD would have private roads. Chairperson Livingston asked what private meant. Planner Windemaker responded that private meant that the subdivision would have to maintain the public right of way. Chairperson Livingston stated he had only mentioned the on-street parking as there seemed to be an existing parking dilemma in Baxter Meadows. Mr. Huestis responded that the parking issues were in the central area of the Baxter Meadows PUD due to the close proximity of the residences. Chairperson Livingston asked if the driveway would be deep enough to stack a car. Mr. Huestis responded that it would be deep enough. Chairperson Livingston stated they had driven through the Baxter Meadows PUD and had seen that the garages were not being used for vehicles as much as for storage. Mr. Rea stated the area seemed so dense and suggested landscaping plan B as presented, but reconsidered that plan C might be better due to some of the trees dying off immediately after being planted. Mr. Huestis responded that middle ground could be found between proposed landscaping plans B and C. Vice Chairperson Pentecost stated that one requirement of the PUD was that landscaping be above and beyond in return for the requested relaxations and recommended proposed landscape plan C. 601 Design Review Board Minutes – April 25, 2007 3 Mr. Banziger agreed with Vice Chairperson Pentecost and suggested proposed landscape plan C be instituted on the site. Chairperson Livingston stated he agreed with Vice Chairperson Pentecost and recommended proposed landscape plan C in return for the requested relaxations. He added that trees were few and far between when driving in that location and landscape plan C would make the area much nicer. He suggested that in between landscape plans B & C, there could be another row of plantings instituted between houses and Baxter Lane as it would be advantageous to creating a future buffer. Mr. Rea asked if Staff would object to a 6 foot Carrigana bush instead of a stockade fence to buffer the site. Planner Windemaker responded that Staff would not be averse to vegetation as a buffer. Mr. Huestis added that the applicant had decided that the landscaping should be instituted more evenly on the site and not completely placed as buffering. Chairperson Livingston added that a better alternative might not be being able to see through the site back to Baxter Lane and suggested creating a buffer. Mr. Banziger suggested seating areas or other pedestrian amenities be instituted on the site in some of the buffer and pocket areas of landscaping. Chairperson Livingston added that at critical density in the subdivision the use of the trail systems would increase, as would seating area potential. MOTION: Vice Chairperson Pentecost moved, Mr. Banziger seconded, to forward a recommendation of approval to the City Commission for Baxter Meadows Phase 4 PUD Prel. Plan #Z-07049 with Staff conditions and the acceptance of landscaping plan C. The motion carried 4-0. 2. American Federal Savings Bank FSP/COA #Z-07080 (Windemaker) N. of Oak St., W. of N. 11th Ave., E.of N. 15th Ave., S. of Baxter Ln. * The building elevations for a Final Site Plan Application with a Certificate of Appropriateness to allow the construction of a 14,718 square foot bank and related site improvements. Ray Johnson, Jerry Perkins, and Lee Oldenburger joined the DRB. Contract Planner Lanette Windemaker presented the Staff Report noting the DRB was reviewing the proposal as they had conditioned during the PT Land PUD review on October 25, 2006. She stated the DRB had before them the proposed elevations for the project and requested they comment on the elevations being presented. Mr. Johnson stated that the applicant had taken the DRB comments to heart and had modified the design of the elevations several times. He stated the new computer program caused the renderings to look mono-colored as opposed to shaded and did not provide a view from a distance. He stated the applicant had instituted pre-cast concrete panels, concrete block, and metal fascia to break up the facades. He stated the building had changed a lot for the better from the previous submittal; adding that the floor plan was exactly the same as the original submittal. He stated more detail had been carried through the facades of the building. Mr. Rea asked if split faced CMU would be used. Mr. Johnson responded that fluted concrete block would be used instead. 602 Design Review Board Minutes – April 25, 2007 4 Vice Chairperson Pentecost asked what material was being depicted in one location. Mr. Johnson responded it would be lick-n-stick stone as real stone would be too difficult to find. Mr. Banziger asked if last time the DRB had seen the proposal there had been mixed architectural features proposed. Mr. Johnson responded that it had not been intentional mixing of architectural features and materials and the problem had been corrected on the current elevations. Chairperson Livingston asked if there would be a full brick veneer used for the structure. Mr. Johnson responded that it would be. Chairperson Livingston asked what type of metal panel would be used over the windows. Mr. Johnson responded that stainless steel had been discussed as an option, but the applicant had not decided which style of metal would be used. Chairperson Livingston asked if the canopy would be the same material. Mr. Johnson responded the metal canopy material would match the roof. Mr. Johnson presented the site plan from the October 25, 2006 meeting that depicted previous DRB concerns and explained how those concerns had been addressed; adding that ~60% of the site would be landscaped. Chairperson Livingston stated that he appreciated how the proposed west elevation had been addressed with regard to the pedestrian scale of the entrance. Vice Chairperson Pentecost stated he thought the applicant should pay particular attention to the scale of the selected cultured stone. Chairperson Livingston suggested taking the proposed window frame and matching it to the panel above it as there would be a lot of material proposed for the structure that might get out of hand from a compositional standpoint. Mr. Johnson concurred. Mr. Rea stated the fluted frames proposed for the structure made him nervous and suggested pulling back on those materials if any were to be decreased. Mr. Banziger stated he agreed with Mr. Rea’s comment and the entrance seemed a bit overwhelming; adding that maybe the proposal being a bank caused the applicant to want the entrance to be at such a large scale. He stated he agreed with Chairperson Livingston regarding the matching materials for the window frames and material proposed above. MOTION: Mr. Rea moved, Vice Chairperson Pentecost seconded, to forward a recommendation of approval for American Federal Savings Bank FSP/COA #Z-07080 to the Planning Director with Staff conditions. The motion carried 4-0. ITEM 4. PUBLIC COMMENT – (15 – 20 minutes) {Limited to any public matter, within the jurisdiction of the Design Review Board, not on this agenda. Three-minute time limit per speaker.} There was no public available for comment at this time. ITEM 5. ADJOURNMENT 603 Design Review Board Minutes – April 25, 2007 5 There being no further comments from the DRB, the meeting was adjourned at 6:35 p.m. ________________________________ Christopher Livingston, Chairperson City of Bozeman Design Review Board 604 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: Baxter Meadows PUD Phase 4 Major Subdivision, #P-07011 MEETING DATE: Monday, June 18, 2007 RECOMMENDATION: The City Commission approves application #P-07011 subject to the conditions of approval in Planning Board Resolution #P-07011 and the code provisions outlined in the Staff Report. BACKGROUND: This is a preliminary plat application to subdivide ~ 48 acres into 125 single household lots, one multi household lot, one community center lot with open space and trail system within a neo-traditional multi-use development on property legally described as a portion of Lot 4A-1 of COS 2202B, located in the NE ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is located west of Davis Lane and on the south side of Baxter Lane, and is zoned R-3 (Residential Medium Density District). UNRESOLVED ISSUES: Fire Station Site. The applicant does not want to be subject to Plat Condition #13 restricting the subdivision until a fire station site is secured. 13. Final plat approval for Baxter Meadows Phase 4 shall not be granted, nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence, until an appropriate fire station site within the area defined in the Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter Lane) has been secured. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 605 PLANNING DEPARTMENT STAFF REPORT # Z-07049 BAXTER MEADOWS PHASE 4 PUD PRELIMINARY PLAN Item: Zoning Application # Z-07049 ⎯ An application for the Conditional Use Permit with relaxations for the Baxter Meadows Phase 4 Planned Unit Development Preliminary Plan to allow a neo-traditional residential development. The property, located southwest of the intersection of Baxter Lane and Davis Lane, is legally described a portion of Tract 4A- 1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, PMM, City of Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density District). Owner/Applicant: Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102. Representative: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59719. Date/Time: Before the Design Review Board on Wednesday, April 25, 2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Before the Bozeman City Commission on Monday, June 18, 2007, at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is southwest of the intersection of Baxter Lane and Davis Lane. The ~ 48 acre property is legally described a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. 606 PROPOSAL Application has been made the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Phase 4 Planned Unit Development (PUD) Preliminary Plan, consisting of ~ 48 acres to be developed as a neo-traditional residential development. This proposal would develop 127 lots for single household uses, multi household uses, and a community center with open space and a trail system. This proposal is being review concurrently with the preliminary plat application. The Design Review Board reviewed the Phase 4 Preapplication Plan at its June 8, 2005, public meeting. Baxter Meadows PUD Phase I was a residential section located west of Vaquero Parkway on the north side of Baxter Lane which was given conditional approval November 19, 2001, for a mix of single-household and multi-household uses. Phase I included the very small “Bungalow” single- household lots which fronted on the pocket park and had alley access to the garages. Baxter Meadows PUD Phase 2 was given conditional approval on February 2, 2004, and included both commercial lots east of Vaquero Parkway and a northern extension of the Phase I residential area. Baxter Meadows PUD Phase 3 Preliminary Plan was granted condition approval on February 6, 2006, consisting entirely of single household uses on the western quadrant of the PUD. Baxter Meadows PUD is intended to have approximately 6 major phases. The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city’s standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The applicant has requested the following relaxations: 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. See recommended condition #1 and #3. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 2 607 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. See recommended condition #2. 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. See recommended condition #4. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. This relaxation was addressed by the following Engineering condition with the Preliminary Plat - “The minimum right of way width that would be supported by Engineering under a relaxation request would be 55’ with the proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City’s design standards (i.e. roll over curb).” 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. See recommended condition #5. Modifications Requested from City Engineer: 6. Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial. Unnecessary Relaxations: 7. Section 18.40.210. See recommended condition #6. ZONING DESIGNATION & LAND USES The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3, Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: B-2 (Community Business District) – Baxter Meadows remainders. East: R-3 (Residential Medium Density District) – West Winds PUD. South: PLI (Public Lands and Institutions) – Regional Park. West: PLI (Public Lands and Institutions) – Regional Park. R-3 (Residential Medium Density District) – a portion of Baxter Meadows Phase 4 Minor - proposed location of YMCA. ADOPTED GROWTH POLICY DESIGNATION The property is currently designated as “Residential” in the Bozeman 2020 Community Plan. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 3 608 Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. • 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 4 609 • Goal 5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of Chapter 18.48. c. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. d. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. e. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB, the elements of the Baxter Meadows PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner for a neo-traditional mixed-use development and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. With the conditions outlined by the DRC and the DRB and the conditions of subdivision approval, the PUD plan mitigates the impact of the proposal on the existing and anticipated traffic by implementing all of the recommendations made in the Traffic Impact Study for Preliminary Amended Plat of Baxter Meadows Subdivision PUD Phase 4 by Marvin & Associates, dated February 2007. This is reflected in conditions of approval for the preliminary plat as required by the #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 5 610 City Engineer. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Phase 4 with sidewalks on all streets and a trail system through the project. The PUD plan includes interior subdivision streets with access off of Baxter Lane, Davis Lane and Vaquero Parkway. All lots are provided with vehicular access either from local streets and/or alleys. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of the landscaping regulations. However, to enhance the open space and pedestrian areas, and provide excellence of design in exchange for the relaxations requested, DRB and Planning Staff has recommended the following condition: • The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. 8. Open space. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. 9. Building location and height. Maximum building height for each residential district shall be as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 6 611 2. Rear yard - 20 feet. a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will need to provide subdivision lighting in accordance with Section 18.42.150.C. Subdivision lighting includes street lighting and pathway intersection lighting. Prior to final plan and plat approval, staff will review lighting plans for conformance with the code. 12. Provisions for utilities, including efficient public services and facilities. The project will need to provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will have to address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the 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-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 7 612 Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This Planned Unit Development application for a neo-traditional mixed-use development includes a request for numerous deviations from the Municipal Code. Other than the deviations noted above and the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Baxter Meadows Phase 4 PUD is the southeastern quadrant of a six-phase development. It is bordered on two sides by major roads. It is designed with open space buffers along all exterior boundaries. Therefore, it will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. Planning Staff has not recommended any additional conditions addressing regulation of use. b. Special yards, spaces and buffers. Planning Staff has recommended the following condition addressing special landscaped yards and buffers to ensure that the open space buffer areas are enhanced with landscaping as shown in the application: • The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. c. Special fences, solid fences and walls. Planning Staff has recommended the following condition addressing special fences adjacent to open space and parks: • Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 8 613 g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “Planned Unit Development Design Objectives and Criteria” In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? There is no significant mature vegetation (trees and large bushes) on the site due to the agricultural history of the property. The applicant has approval to altered the location of the watercourse. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 9 614 (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? The elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system, and the general proximity to the regional park and the new middle school site contribute to the overall reduction of energy use by the project. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation from the major roads. (6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? Not applicable. All of the park land was provided in previous phases of the Baxter Meadows PUD. (7) Performance. All PUDs shall earn at least twenty performance points. The code requires the applicant to demonstrate the achievement of at least 20 performance points. Since all of the open space in this proposed subdivision is publicly accessible with recreation pathways, only 16% of the non-dedicated portion of the project must be PUD open space. ~ 36 acres of the project is non-dedicated land, requiring ~ 6 acres of publicly accessible open space. The PUD plan provides for about 9 acres of open space. The open space shall be landscaped by the applicant in a manner that shall meet or exceed the standards of Chapter 18.48. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated “pad” to adjoining development? The design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. Residential Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? The 125 single household dwelling units achieve a net density of 6.3 du/ac. The multifamily lot could achieve a net density anywhere from 8 to ~ 14.5 dwelling units per acre. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 10 615 (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas, with both private yards and public spaces. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a pedestrian trail(s), as well as areas for passive recreation. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? As a neo-traditional mixed-use development, the overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a neo-traditional mixed-use development in a rural but developing area. However, the Bozeman 2020 plan has designated this area for “Residential” land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 11 616 2. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. 3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. 4. In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet. 5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet. 6. A community center that is intended for use solely by the residents of this development, and privately or jointly owned, is an accessory use, and as such would not be subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for the sole use of the residents of the development on the final plat, final PUD plan and in the covenants. The community center shall be subject to site plan review in accordance with the BMC. 7. The lots along Baxter Lane and Davis Lane shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 8. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 9. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 10. The owner shall executed and submit documents the following prior to final plan approval: 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. #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 12 617 11. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 12. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 13. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar to that demonstrated in Alternative C. The applicant should consider revising Alternative C to include seating along the trail system and additional planting to break up the grassed areas adjacent to Baxter Lane. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB), and other boards, when appropriate, have reviewed application #Z-07049 a Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application with relaxations 1 through 5 subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR A CUP WITH RELAXATIONS FOR THE BAXTER MEADOWS PUD PHASE 4. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNICIPAL CODE MAY APPEAL THE DECISION OF THE CITY #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 13 618 COMMISSION. Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718 Baxter Meadows Development, LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102 #Z-07049 Baxter Meadows 4 CUP / PUD Preliminary Plan Staff Report 14 619 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 1 RESOLUTION #P-07011 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING CONDITIONAL APPROVAL OF A SUBDIVISION PRELIMINARY PLAT APPLICATION ON ~ 48 ACRES TO BE SUBDIVIDED INTO 125 SINGLE HOUSEHOLD LOTS, ONE MULTI HOUSEHOLD LOT, ONE COMMUNITY CENTER LOT WITH OPEN SPACE AND TRAIL SYSTEM. THE PROPERTY IS ZONED R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT), AND IS GENERALLY LOCATED WEST OF DAVIS LANE AND SOUTH OF BAXTER LANE. THE PROPERTY IS LEGALLY DESCRIBED AS A PORTION OF TRACT 4A-1, COS 2202B, LOCATED IN THE NORTHEAST ¼ OF SECTION 3, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the applicant/owner, Baxter Meadows Development LP, 1500 Poly Dr., Ste. 300, Billings, MT 59102; represented by PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718, submitted a Subdivision Preliminary Plat Application on ~ 48 acres to be subdivide into 125 single household lots, one multi household lot, one community center lot with open space and trail system on property legally described as a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the applicant is requesting the following five PUD relaxations; and 1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1, 087 feet. 2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than 400 feet in width. 3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less than 25 feet. 4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards; to allow a 55 foot right of way width for local streets. 5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum of 10 feet. WHEREAS, the applicant is requesting a modification from the City Engineer pursuant to Section 18.44.090.D.3, Access; to allow accesses on local streets to be less than 150 feet from an intersection with an arterial; and WHEREAS, the proposed Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the Bozeman Municipal Code; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, May 620 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 2 15, 2007, to receive and review all written and oral testimony on the request for said Subdivision Preliminary Plat Application; and WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for said Subdivision Preliminary Plat Application; and WHEREAS, the Community Affordable Housing Advisory Board recommended Plan Condition #5: Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL’s not identified as a single household detached dwelling units on the preliminary plat shall be designated as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7; and WHEREAS, relaxation #1 is addressed by Plan Condition #1: Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet, and shall not exceed 600 feet without a 30 foot right of way with pedestrian walkway; and Plan Condition #3: Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8 and extending across the spring ditch to intersect with the trail on the west side of the spring ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet.; and WHEREAS, relaxation #2 is addressed by Plan Condition #2: Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width; and WHEREAS, relaxation #3 is addressed by Plan Condition #4: In keeping with the previous approved residential subdivisions within the Baxter Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision. Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet; and WHEREAS, relaxation #4 is addressed by Plat Condition #1: If “A” and “B” streets are found to be acceptable as private streets with right of ways of less than 60 feet, they shall be subject to the following: Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public; Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required; and Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030; and Plat Condition #22. The minimum right of way width that would be supported by Engineering under a relaxation request would be 55’ with 621 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 3 the proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City’s design standards (i.e. roll over curb); and WHEREAS, relaxation #5 is addressed by Plan Condition #5: The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20, Block 4 may be 10 feet; and WHEREAS, the applicant described the application, expressed concerns with three recommended conditions of approval forwarded by various reviewing agencies and the Development Review Committee; and WHEREAS, the applicant expressed concern with recommended condition of approval #1, explaining that it did not specifically state which streets would have a minimum 55 foot right of way; and WHEREAS, the applicant expressed concern with recommended condition of approval #5, explaining that they would prefer to provide the RSLs in the single family lots, and that cost is in the kitchen and bathrooms not in the total square footage; and WHEREAS, the applicant expressed concern with recommended condition of approval #13, explaining that the subdivision should not be held up for a fire station; and WHEREAS, no members of the public were present speaking in favor of or opposition to said Subdivision Preliminary Plat; and WHEREAS, members of the City of Bozeman Planning Board discussed right of way widths, the community center, stormwater facilities, 310 and 404 permits, floodplain delineation, alley widths, and lot coverage; and WHEREAS, members of the City of Bozeman Planning Board discussed the RSL requirement, CAHAB’s recommendation, and the affordability of the RSLs; and WHEREAS, members of the City of Bozeman Planning Board discussed the need for a fire station, the location of a fire station, and if a subdivision should be required to provide for public safety before they should be able to proceed; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act, and found that the Subdivision Preliminary Plat Application would comply with those requirements with the recommended conditions of approval; and WHEREAS, City of Bozeman Planning Board, on a vote of 7 to 0, recommends to the Bozeman City Commission that Condition #1 be amended to read as follows If “A” and “B” streets are found to be acceptable as private streets with right of ways of less than 60 feet, they shall be subject to the following: The right-of-way widths of "A" Way and "B" Street shall not be less than 622 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 4 55' wide. Any street with a ROW less than 60' wide shall be subject to the following conditions; and WHEREAS, City of Bozeman Planning Board, on a vote of 3 to 4, did not recommend to the Bozeman City Commission that Condition #5 be amended; and WHEREAS, City of Bozeman Planning Board, on a vote of 4 to 3, recommends to the Bozeman City Commission that Condition #13 be amended to read: Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted, nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence, until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter Lane) has been secured. Planning Board encourages the applicant to facilitate the location of Fire Station #3 on the Regional Park.; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote of 7 to 0, recommends to the Bozeman City Commission that the ~ 48 acres to be subdivide into 125 single household lots, one multi household lot, one community center lot with open space and trail system on property zoned R-3 (Residential Medium Density District), which is generally located west of Davis Lane and south of Baxter Lane, on property legally described as a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, be approved with the 24 conditions which follow; and 1. If “A” and “B” streets are found to be acceptable as private streets with right of ways of less than 60 feet, they shall be subject to the following: The right-of-way widths of "A" Way and "B" Street shall not be less than 55' wide. Any street with a ROW less than 60' wide shall be subject to the following conditions: (As amended by Planning Board) • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. • Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. • Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The developer shall record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. • Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.030. 2. Street light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 623 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 5 3. Street lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. 5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The additional RSL’s not identified as a single household detached dwelling units on the preliminary plat shall be designated as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7. 6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A minimum of 25 foot wide public access easement shall be provided for all trail/pathway corridors. Trail/pathway locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. 7. Notes shall be included on the plat describing ownership and maintenance responsibility for parks and/or open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space, public access, owned by the landowners, maintained by the homeowners association, etc. 8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer is due with the final plat. 9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g. park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a total of 48 dwelling units; at the time of subsequent development, when net residential density becomes known, park dedication requirements shall be met for any additional density in accordance with the BMC. 10. The Final Plat shall include a notation that due to high ground water conditions in the area full or partial basements are not recommended. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 11. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 12. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 624 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 6 13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted, nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence, until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter Lane) has been secured. Planning Board encourages the applicant to facilitate the location of Fire Station #3 on the Regional Park. (As amended by Planning Board) 14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. 15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch as a Stream/Ditch, while another just a ditch. Evidence of the current classification shall be provided and the stormwater dealt with accordingly. 16. Vaquero Parkway shall be constructed to meet the 35’ back of curb to back of curb local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. The entire street section exclusive of the sidewalk on the adjoining properties side of the right of way shall be constructed. 17. Warrants must be met in order to install the three way stop control at Vaquero and C Street as stated in the preliminary plat approval. 18. A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Baxter Lane. 19. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 20. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6’wide, and shall be installed at the time the street improvements are done. 22. The minimum right of way width that would be supported by Engineering under a relaxation request would be 55’ with the proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate snow storage and planting area. If this relaxation is approved, the streets shall be privately maintained, and shown as such on the final plat, as shall any streets that do not meet the City’s design standards (i.e. roll over curb). 23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway. 625 Baxter Meadows PUD Phase 4 Major Subdivision Preliminary Plat # P07011 7 24. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney DATED THIS 15th DAY OF MAY, 2007 Resolution #P-07011 _____________________________ ____________________________ Andrew C. Epple, Planning Director JP Pomnichowski, President Planning & Community Development Dept. City of Bozeman Planning Board 626 Chuck Winn Fire Chief BOZEMAN FIRE DEPARTMENT MEMORANDUM Date: 14 June 2007 To: Development Review Committee Re: Baxter Meadows Phase 4 In November 2006, the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. The plan strongly identified the immediate need for an additional fire station in the northwest quadrant of the city (between Flanders Mill and 27th and between Durston and Baxter). To this end, the Fire Department has chosen an architect, added additional firefighting personnel and is actively pursuing long term funding for personnel and equipment. We have, however, been unable to find a suitable location for Fire Station 3. Baxter Meadows Subdivision Phase 4 is central in the service area of the new fire station and is outside of the service area of the City’s existing fire stations. Until such a time as we are able to secure an appropriate fire station site within the area defined in the Master Plan, we are unable to approve any additional development in this area. Accordingly, we request that the following condition of preliminary plat approval be applied to Baxter Meadows, Phase IV: Final plat approval for Baxter meadows Phase IV shall not be granted, nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence, until an appropriate fire station site within the area defined in the Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter Lane) has been secured. Please contact me with any questions or comments. Fire Department Memo 627 628 629 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plat Application February 2007 Preliminary Plat Application Checklist Narrative D. Preliminary Plat Requirements 1. All information required with the pre-application plan, as outlined in Section 18.78.030 (Subdivision Preapplication Plan), BMC. A copy of the preapplication plan is included under Tab 24 for reference. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single family. See information on plat exhibit, Tab 14. (Full size under Tab 25.) Lot uses are described on the Concept Plan, Tab 2. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring street access to arterial or collector highways. See reference information on vicinity plans (Tab 2), street sections (Tab 5), and plat exhibit (Tab 14). 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. See reference information on plat exhibit (Tab 14). 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. See reference information on plat exhibit (Tab 14). 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. See reference information on plat exhibit (Tab 14). 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. See reference information on plat exhibit (Tab 14). 630 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if the slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. See reference information on site survey (Tab 14 – Full size under Tab 25). 9. List of waivers granted from the requirements of Section 18.78.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the preapplication process. None granted. 10. Request for exemption from the Montana Department of Environmental Quality Review as described in Section 18.78.040.K (Request for exemption from MDEQ Review), BMC. See copy of Municipal Facilities Exclusion Checklist under Tab 16. 11. All appropriate certificates (refer to Chapter 18.12, BMC). See reference information on plat exhibit (Tab 14). E. Preliminary Plat Supplements Required for All Subdivisions 1. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads See vicinity map (Tab 2), and preliminary plat (Tab 14). 2. Map of entire subdivision on either an 8.5-inch x 11-inch, 8.5-inch x 14-inch, or 11-inch x 17-inch sheet See exhibits under Tabs 2 and 14. 3. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 18.66 (Variance, Deviation, and Appeal Procedures), BMC. Please refer to relaxation requests under Tab 3. 4. Covenants, Restrictions, and Articles of Incorporation for the Property Owners’ Association. All appropriate documents, as well as a guide to language required by the U.D.O., are included under Tab 7. 5. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or driveways intersect State, County, or City highways, streets or roads. No encroachment permits are required. The portions of Baxter Lane and Davis Lane adjacent to the subdivision have been annexed into the City as part of this project. The approval of the preliminary plat will act as the permit to encroach upon these roads. 631 7. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary. See Tab 15 for zone change approval from City of Bozeman. 8. A draft of such other appropriate certificates. N/A 9. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public or if private. The provisions for maintenance of required improvements which are not publicly maintained are in the HOA governing documents (see Tab 7). In general, “open space” will be dedicated to the public, but maintained by the Homeowner’s Association; internal streets will be dedicated to the public, but privately maintained, due to non-standard road sections. Vaquero parkway will be publicly maintained. 10. Profile sheets for street grades greater than 5 percent. N/A 11. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided. N/A 12. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds. Tab 18 13. A preliminary platting certificate prepared by a Montana title company. Tab 19 F. Additional Subdivision Preliminary Plat Supplements 1. Surface Water. Tab 20 2. Floodplains. Tab 20 3. Groundwater. Tab 20 4. Geology, soils and slope. Tab 20 5. Vegetation. Tab 20 6. Wildlife. Tab 20 7. Historical features. Tab 20 632 8. Agriculture. Tab 20 9. Agriculture water user facilities. Tab 20 10. Water and sewer. Tab 20, 14, 21 11. Stormwater management. Tab 20, 14 12. Streets, roads and alleys. Tab 20, 14, 5 13. Utilities. Tab 20,14, 17 14. Educational Facilities. Tab 20, 17 15. Land Use. Tab 20, 14 16. Parks and recreation facilities. Tab 20, 23, 11 17. Neighborhood center plan. Tab 20 18. Lighting plan. Tab 20, 22 19. Miscellaneous. Tab 20 20. Additional relevant and reasonable information. N/A 633 634 635 636 637 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plat/Plan Application February 2007 Zoning A zone map amendment was submitted to the City of Bozeman on January 16, 2007 for the property included in Phase 4. This zone change is the result of a boundary realignment between Baxter Meadows and the Gallatin County Regional Park, which was completed February 14, 2007. The zone map amendment simply realigns the zoning to match up with the new property line, keeping all of the Baxter Meadows property R-3, and the Regional Park property PLI. The zone change went before the Zoning Board February 21, 2007, and was forwarded to the Commission with a recommendation of approval. The City Commission will review it March 19, 2007. Please see the diagram on the following page for more information. 638 MUNICIPAL FACILITIES EXCLUSION CHECKLIST (formerly called master plan exclusion) Enclosed please find the information required under §76-4-127 MCA and ARM 17.36.602 regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality (formerly referred to as master plan exclusions). Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality's engineering staff reviewing the plans and specifications prior to approval: 1. Name of Subdivision: Baxter Meadows Subdivision, Phases 4A, 4B, 4C, 4D, & 4E 2. Name and address of the applicant: P.C. Development 3985 Valley Commons Drive, Bozeman, MT 59718 3. Name and address of engineer: Thomas, Dean & Hoskins, Inc. 215 West Mendenhall, Suite C-1, Bozeman, MT 59715 4. Copy of the preliminary or final plat: Attached, Yes Number of parcels in the subdivision: 127 5. A copy of any applicable zoning ordinances in effect: R-3 per Bozeman zoning Code 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing): Private 7. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or within a first-class or second-class municipality: Bozeman is a first-class municipality. 8. Copy of Growth Policy: On file X Attached: 9. Location of the subdivision to the city or town, vicinity map attached: Yes X No 10. Will the owner of the municipal facilities own, operate and maintain the water supply, sewage disposal solid waste, and storm water facilities? Yes No X Upon completion of the project the city will own, operate and maintain the water supply, sewage disposal and solid waste facilities. A homeowners association will operate and maintain storm water facilities. 11. Will all water and sewer mains or extensions as defined in §76-4-102, MCA, be under the control and maintenance of the certifying municipality? Yes X No 12. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes X No 13. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes X No 14. Exclusion Checklist review fee, $75, included: Yes No X 15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued (The city has adequate plant capacity to serve the project, the applicant is responsible for the installation of all water and sewer lines to serve the development. The city will assure that upon filing of the final plat for the project that all water and sewer lines are installed or financially guaranteed in accordance with 76- 3-507 MCA.) and, I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. (The city has reviewed and approved preliminary plans relative to storm drainage and will review and approve final plans prior to filing of the final plat for the subdivision.) Name Title Dept City Send with the $75 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU PERMITTING AND COMPLIANCE DIVISION P O BOX 200901 HELENA, MT 59620 J:\2005\B05-016\024\Preliminary Plat\MunicipalFacEX2.21.07.doc 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plat Application February 2007 4A 4B 4C 4D Totals: Single Family Lots 34 23 45 23 125 Multi-Family units (@8 du/ac) 48 48 Park required per lot (ac) 0.03 0.03 0.03 0.03 Total Park dedication required (ac) 1.02 2.13 1.35 0.69 5.19 Carry-over available - prior* 5.58 4.56 2.43 1.08 5.58 Carry-over available - after 4.56 2.43 1.08 0.39 0.39 *See approved park carry-over table from Baxter Meadows Phase 6 - most recent platted phase Park Calculations by Phase 670 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plat Application February 2007 Total Single Family Lot Area (sq. ft.): 863,744 10% of Total Lot Area (Required RSL Area): 86,374 Number of RSL's:18 RSL Total Area: 90,000 % of Total Lot Area dedicated to RSL's 10.4% R.S.L. Calculations 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 MEMORANDUM TO: Neil Poulsen Building Inspection Department FROM: Harley Huestis Project Manager DATE: July 31, 2006 RE: Baxter Meadows Soils Report Please find attached the soils report for Baxter Meadows. The report was done by SK Geotechnical and Peccia Engineering, and included 37 test bores. The report concludes that there are three categories of soil types anticipated at the footing level (4’ deep) – undisturbed gravel, undisturbed clay, and soft alluvial clays, which should be subexcavated and backfilled. The report also discusses the presence of groundwater. The entire report including all bore logs is included. 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 BAXTER MEADOWS SUBDIVISION, P.U.D. - PHASE 4 Preliminary Plat Application February 2007 Additional Subdivision Preliminary Plat Supplements (Per Section 18.78.060 of U.D.O.) Contents: 1 - A. Surface Water 2 - B. Floodplains 3 - C. Groundwater 4 - D. Geology; soils and slope 5 - E. Vegetation 6 - F. Wildlife 7 - G. Historical features 8 - H. Agriculture 9 - I. Agriculture water user facilities 10 - J. Water and sewer 11 - K. Stormwater management 12 - L. Streets, roads and alleys 13 - M. Utilities 14 - N. Educational facilities 15 - O. Land use 16 - P. Parks and recreation facilities 17 - Q. Neighborhood center plan 18 - R. Lighting plan 19 - S. Miscellaneous Appendix: A. - Updated Baxter Meadows Wetlands Impact/Mitigation Map - Current U.S.A.C.E. 404 Wetlands Permit - Original Wetlands Study – June 2000 B. 310 Permit – Gallatin Conservation District C. NRCS Soils Information D. Groundwater Monitoring Data E. Vegetation Map F. Soils Report The information contained herein borrows from the “Environmental Assessment, Community Impact Report and Flood Hazard Evaluation for Baxter Meadows Subdivision”, prepared by Wetlands West, Robert Peccia & Associates, and Mithun Inc., Oct. 17, 2001 830 A. Surface Water The property, commonly known as Baxter Meadows Phase 4, is approximately 4,700 feet above sea level, encompassing 48 acres that slope gradually from south to north as is characteristic of the Gallatin Valley. The historic and current land use is agricultural, primarily hay and crop production. The property has been leased by a dairy operation for approximately 50 years. One surface waterway, the Spring Ditch, traverses the property, flowing in a south to north direction. Waterways in the greater Bozeman area have been mapped and classified as streams, stream/ditch combinations, or ditches by the Montana Department of Fish, Wildlife, and Parks (FWP) on the 1993 AStreams and Ditches@ map. Stream/ditches are typically naturally occurring streams that have been historically channelized for irrigation purposes. Ditches convey water only during the irrigation season and are dry otherwise. According to the FWP system, Spring ditch is classified as a stream/ditch. The Spring ditch (Stream/ditch): The original source of this waterway was apparently a natural spring located at the south property boundary (i.e., within the Regional Park). Currently the water is collected underground (presumably via a french drain system) and discharged to a pipe placed in the bottom of the man-made channel. The channel flows north from the southeast section of the property, crosses Baxter Lane, then flows into a wetland (W-1) located on the north property boundary. Water Body Alteration Approximately one thousand feet of the Spring Ditch is planned to be rebuilt, similar to the section of Baxter-Border Ditch that has already been rebuilt in Phase 3. This will allow for expansion of the wetlands, and make the stream more wildlife- friendly and aesthetically pleasing. A 310 permit from the Gallatin Conservation District has been obtained and is included under Appendix B. Wetlands The existing wetlands are shown on the preliminary plat. They are also further described in the delineation report in Appendix A. In regard to the entire project site (original Baxter Meadows property boundary) progress has been made to mitigate for the unavoidable wetland losses. As of October, 2005 greater than 3 acres of wetlands have been created or enhanced or 80% of the required total mitigation acreage. North of Baxter Lane the wetlands adjacent to the Spring Ditch have been enhanced (planted with shrubs) and in approximately half of that distance the wetlands along the stream were expanded. The large emergent/shrub wetland in the northeast corner of the property has been expanded and planted with trees, shrubs, and emergent wetland seed and plugs (sedge, rush and bulrush species). The emergent wetland bench around the circumference of Kendeda Lake south of Baxter 831 Lane was finished during the spring of 2005; wetland trees, shrubs, and emergent plugs were planted at that time. In July, 2005 the COE visited the entire project site to check progress toward the mitigation goals. The COE was very satisfied with the mitigation areas and progress. B. Floodplains There do not appear to be any portions of the subdivision that are within two thousand horizontal feet and less than twenty vertical feet of a watercourse draining an area of twenty-five square miles or more. No official floodplain delineation study has been made for the ditches in this area. The watercourses that cross the proposed subdivision are man controlled irrigation ditches and serve to collect groundwater and spring discharge. Prior to final plat, a 100-year floodplain study will be completed to determine if any of the lots fall within that floodplain. C. Groundwater [The information in this section is taken from a groundwater study of the entire Baxter Meadows P.U.D. project done in 2000-2001. We do not expect a substantial change in groundwater conditions since that time. Furthermore, groundwater degradation is not expected due to the use of City of Bozeman public water and sewer systems.] Water-bearing materials in the area are predominantly quaternary and tertiary alluvial fan deposits. Groundwater flows in a north-northwest direction, roughly paralleling the slope of the ground surface (USGS 1995). Eighteen (18) monitoring wells were installed at the site in May and June of 2000 to measure groundwater levels for design and construction purposes. Three nested piezometers were subsequently installed in September to more accurately characterize groundwater depths in the general location of the proposed ponds (Regional Park). Monitoring well and piezometer locations are shown on the map included in Appendix D. Static water levels were measured once in May/June and again in August. Beginning in September 2000, groundwater levels have been, and will continue to be, measured every two to three weeks until July 2001. The monitoring frequency may be reduced from December through March once the levels stabilize. Static water level readings measured from May through November are also included in Appendix D. The highest groundwater level was measured at 1.6 inches below ground surface (bgs) in MW-27 on October 17th. This well is located in the south central portion of Section 3. (*This reading was taken where the ponds are now). Current data indicates that static water levels (SWLs) within the subdivision development range from less than one foot bgs in the south portion of the property (Section 3) to 9.5 feet bgs in the north portion (Section 34). Water features for the development, such as the ponds, will be designed to take into account existing groundwater levels. 832 Well logs from residential wells indicate well depths ranging from 40 to 72 feet and static water levels from 6 to 14 feet. The lithologic logs identified a silt loam topsoil layer extending from 0 to 3 feet followed by alternating layers of sand and cobbles to 72 feet with intermittent narrow lenses of clay. Production rates measured in surrounding residential, fire protection, and irrigation wells ranged from 5 to 1000 gpm. The geotechnical evaluation performed by SK Geotechnical, dated October 19, 2001 (see Appendix F) shows six test bores in and around Phase 4, with groundwater depths ranging from 3’-9’. A note will be included on the plat that reads: “Due to a relatively high ground water table within the area of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served.” Steps to Avoid Degradation: The water system for the subdivision will be constructed to Montana Department of Environmental Quality and City of Bozeman standards, and water will be supplied by the City. Irrigation wells will be drilled for open space areas, in order to ease the demand on treated water. Records from existing wells in the area indicate that the aquifer is capable of providing sufficient water quality and quantity for irrigation needs. Wastewater will be collected in a system constructed to MDEQ and City of Bozeman standards. The system will connect to the City=s existing system, and the wastewater will be piped to the City=s treatment facility. D. Geology – Soils – Slopes Geologic Hazards There are no known geologic hazards or areas of instability within or adjacent to the proposed subdivision site. The entire Gallatin Valley is classified as a Seismic Zone 3. Zone 0 has the least earthquake potential, Zone 4 has the greatest potential. Protective Measures All new utilities will be buried, reducing the risk of property damage or personal injury in the event of an earthquake. Buildings will be designed to withstand Seismic Zone 3 earthquake loadings, in accordance with applicable regulations. 833 Unusual Features No significant or unusual geologic features are evident on the property. The landform is an alluvial deposit typical of the north side of Bozeman, featuring deep soils and variable depths to sand and gravels. Slopes range from 0% to 4% (NRCS 2000). The property does exhibit high groundwater levels and isolated layers of impermeable clay. Engineering measures that will be taken to overcome potential limitations are discussed in the soils report – Appendix F. Soils Soil characteristics and a Gallatin County Soil Survey map of the site were obtained from NRCS (Appendix C). Ten map units were identified within the project area. Map units with hydric components and/or inclusions are: Threeriv-Bonebasin loams (NRCS soil type 556A), Blossberg loam (542A), Enbar loam (509B), and Meadowcreek loam (510B). Non-hydric soils were identified as Amsterdam silt loam (53B), Blackdog silt loam (50B), Amsterdam-Quagle silt loam (453C), Quagle-Brodyk silt loam (451C), Turner loam (457A), and Danvers-Quagle complex (458C). The Enbar, Threeriv, Bonebasin, Blossberg, Meadowcreek, Turner and Danvers soil types were identified as having severe limitations for septic system absorption fields as a result of wetness, slow percolation, and/or poor filtering. The remaining soil types exhibited moderate limitations. Limitations for building site development were listed as severe for the Enbar, Bonebasin, Blossberg, Meadowcreek, Turner and Danvers soil types as a result of wetness, caving on cut slopes, flooding, and/or shrink/swell potential. These soil types also had severe limitations for local roads and streets as a result of the potential for frost action. Building site and road construction limitations on the remaining soils were rated as slight to moderate. Design Methods to Overcome Limitations A geotechnical evaluation has been completed site-wide to identify potential soil limitations. (Please see report by SK Geotechnical and Peccia Engineering dated October 19, 2001, included in Appendix F). Building foundations and footings will be constructed to account for soil limitations and high groundwater conditions. Where necessary, topsoil layers containing clay will be over-excavated and replaced with structural fill. Typical cross-sections of the roadway will be designed to account for site- specific soil types. Site buildings and residences will not be constructed with basements to accommodate high groundwater conditions, unless approved by an engineer Cuts and Fills Due to the flat topography of the site, areas of excessive cuts and fills are not anticipated. If they become necessary, approprate erosion control measures and storm water runoff mitigation measures will be taken. 834 E. Vegetation Vegetation Map Major vegetation types are depicted on the map in Appendix E. The acreages and type of crop and grazing land have been approximated (pers. commun. Tom Kingma). The site has historically been hay and barley, but is now dormant. Major vegetation types There are four major vegetation categories within the Baxter Meadows property: cropland (historically barley, alfalfa hay, and mixed-grass species hay), grazing land (mixed grass species), emergent/shrub marsh (Carex spp.), and riparian stream corridors. Cultivated crops within the property include barley and alfalfa. Grazing lands are comprised of a variety of grass species, including fescue (Festuca spp.), orchard grass (Dactylis glomerata), timothy (Phleum pratense), foxtail (Hordeum jubatum), and bluegrass (Poa spp.). These species are excellent forage grasses, widespread in the Gallatin Valley where moisture is sufficient or supplemental irrigation is available. The riparian stream corridors have been channelized for irrigation and heavily impacted by unrestricted cattle grazing. Although species diversity is low, the majority of species are native and include wild celery, beaked sedge, and a few black cottonwood trees. Broad-leafed cattail (Typha latifolia) inhabits the borrow ditches along Baxter Lane. Critical plant communities The Natural Heritage Program was contacted for information on species of concern in the vicinity of Section 3, T2S, R5E and Section 34, T1S, R5E. A survey of the Program=s databases identified reports for three plant species of concern. The reports are the result of a search for species of concern and communities that occur in the area defined by the legal description with an additional one-mile buffer surrounding the requested area. The first plant species of concern listed is dwarf purple monkeyflower (Mimulus nanus) observed last in 1894 in Section 34. The location accuracy for this siting is within a five mile radius. The species is considered critically imperiled in Montana because of extreme rarity. According to the Vascular Plants of West-Central Montana Identification Guidebook (USDA 1991), the dwarf monkeyflower has been found in the Montana region only on a dry gravelly slope above Sheephead Creek in the southern Bitterroot Mountains. These habitat conditions do not currently exist within the property boundaries. The project site consists of primarily level cultivated crop and pasture land with no areas of gravel exposed on the ground surface. The species was not observed during the onsite survey conducted as part of the wetland delineation. 835 The second plant species identified is slender wedgegrass (Spenopholis intermedia), a state critically imperiled species last observed in 1926 in Section 2 of T2S, R5E. This short-lived perennial grass has been found in wet areas of valleys and foothills, specifically the Gallatin River valley. This species has not been observed in this region in recent history. The last known observation occurred at a site greater than one-half mile outside the project boundaries. Its presence would not be expected on the project site. Small dropseed (Sporobolus neglectus) is an annual grass that is possibly imperiled but whose status is uncertain. It was last observed in this region in 1927 at the Montana State University (MSU) Bozeman Experiment Station Farm located in the SE 3 of Section 14, T2S, R5E. It is typically found in grasslands of the valleys and plains in both natural and disturbed habitats although it was likely planted in this region as part of the Station=s widespread cultivation of native species. The MSU Experiment Station is located approximately two miles from the project. The presence of this species would not be expected within the property boundaries. Noxious Weeds Canada thistle (Circium arvensis, Category I), houndstongue (Cynoglossum officinale, Category I), musk thistle (Carduus nutans, Category IV), and poison hemlock (Conium maculatum, Category IV) were observed within the project site. A Gallatin County Weed Management Plan was approved by the county on May 16, 2002, and is included in Tab 18. Protective Measures Several measures have been taken to ensure that vegetation is preserved or enhanced. The stream corridor will be enhanced/restored to create a more natural and diverse vegetation community with a riparian floodplain consisting of emergents, shrubs, and trees. Setbacks of 50’ from either edge of the wetlands will be utilized to protect the waterway. Approximately 9 acres of the phase will be preserved as open space. F. Wildlife Species As a result of the heavy agricultural use and openess of cropland, few signs of wildlife were observed within the project boundaries. Surrounding properties are frequented by white-tailed deer, skunk, muskrat, and raccoon. A red-tailed hawk was observed in the cottonwoods along the Spring ditch and common snipe were seen in the emergent/shrub marsh. Neotropical migrant bird species within the area include bobolinks, yellow warblers, song sparrows, and tree swallows. The diversity of birds is limited by the lack of tree and shrub species within the property. Fish species in area waterways are expected to include brown and brook trout, although an onsite survey was not conducted. 836 Critical Areas The Natural Heritage Program was contacted for information on species of concern in the project vicinity. The Program=s survey identified one animal species of concern in Section 31 of T1S and R6E at the MSU Experiment Station. The status of the stonefly (Isocapnia crinita) is considered imperiled in Montana because of rarity. No information was given on the date of the last observation or preferred habitat. The Experiment Station is located over two miles from the project area. Protective Measures Wildlife habitat and protection will be enhanced through the creation of open space areas consisting of conservation parks, trail systems, and streams. The 100-foot riparian corridors will facilitate wildlife migration. Fisheries habitat will be enhanced with the creation of pool and riffle complexes and restoration of cover habitat via willow plantings on the stream corridors. The FWP will be consulted for their input on the stream enhancement designs as part of the 310 permitting process. Fish Wildlife and Parks has been contacted regarding the new subdivision. Please see Tab 17. G. Historical Features Please see letter from the State Historic Preservation Office, Tab 14. H. Agriculture Former agricultural practices at the site included crop production, dairy farming, and cattle ranching on the entire 54 acres. However, the land has been out of production since being purchased several years ago. Adjacent land includes the Regional Park and development in the near future – i.e., no farmland in production. I. Agricultural Water User Facilities Spring Ditch is a stream/ditch that currently flows through the project site. The stream will be “rebuilt” for a portion of it, and will have to flow through several culverts to accomodate road construction. However, in all instances of modification, it will be designed to maintain the same flow and quantity to downstream users. As stated above, a 310 permit from the Gallatin Conservation District, as well as a 404 permit from the U.S. Army Corps of Engineers have already been obtained. 837 J. Water and Sewer Please see the preliminary engineering design report under Tab 21. Water and wastewater system improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. K. Stormwater Management Please see the Master Utility Plan under Tab 14. L. Streets, Roads, and Alleys Description A significant network of new roads will be required to serve the subdivision as shown of the site plans and preliminary plat. Perimeter roads, Baxter and Davis, have already been improved to the required standard for this phase. Refer to the Baxter Meadows Phase 4 Traffic Study for further information, Tab 6. Access to Arterial No lots will have direct access to arterials (Baxter and Davis). A 1' “no access” strip is shown on the plat. Modifications of Existing Streets, Roads, or Alleys No permanent road closures are anticipated. Refer to the Baxter Meadows Traffic Study for proposed improvements on existing roads. Dust Alleys will be paved. Pollution and Erosion Storm water detention basins will be constructed to handle storm water runoff and to provide sediment removal. Roads will be maintained by the HOA, except Vaquero Parkway, which will be maintained by the City of Bozeman. Installation and Maintenance Subdivision roads will be installed per Montana Public Works and City of Bozeman specifications. Maintenance of the interior streets will be performed by the HOA, and Vaquero Parkway will be maintained by the City of Bozeman. 838 Traffic Generation and Capacity Please refer to the Baxter Meadows Traffic Study, Tab 6. Bicycle and Pedestrian Pathways, Lanes, and Routes Interior (local) streets will be built to Bozeman Standard widths from curb to curb. A 10’ wide paved bike/pedestrian trail is planned on the Regional Park side of Vaquero in accordance with the Bozeman trail master plan, which ties into the West Winds subdivision to the east, and the trail through the Baxter Meadows Linear Park to the north. A gravel trail will also run through the open space along Spring Ditch. In addition, no block exceeds 600’ without a 30’ pedestrian trail corridor. Traffic calming Typical street designs within the subdivision include “curb bulbs” at intersections. Please refer to Tab 5 for details. Also, we intend to make the intersection of Vaquero and “C” Street a 3-way stop to discourage the use of Vaquero as a through-street. M. Utilities The subdivision plat has been submitted to Northwestern Energy, Qwest, Bresnan Communications and Vivid Networks. These utility providers are currently working on their site layouts for the subdivision. Copies of their initial response letters can be found under Tab 17. N. Educational Facilities The existing bus system should be able to handle the additional students generated by the subdivision. Refer to June 14, 2005 letter from Edward Sondeno of Bozeman School District 7 in Tab 19. The subdivision will be served by the Bozeman High School, Chief Joseph Middle School, and the Emily Dickinson Elementary School. Per the letter referenced above, the subdivision will generate the following number of students at build out: K-5 29 students 6-8 15 students 9-12 19 students O. Land Use Phase 4 will generate the following types and numbers of lots: 127 Single Family Residences 1 Multi Family Lot (appx. 72 units) 1 Owners Center Lot 839 P. Parks and Recreation Facilities Phase 4 will provide 9.5 acres of land dedicated as undeveloped open space. This equates to approximately 26% of its net area. Improvements will include an enhanced stream and wetlands, trails, and landscaping. However, this land will not be used to meet parkland dedication requirements. Park dedication requirements will be met with approved carry-over from previous phases. Please refer to Tab 11 for all relevant information on Open Space facilities and improvements. Q. Neighborhood Center An Owners Center will be constructed on Lot 11 of Block 7. It is anticipated to include a reception hall, kitchen, and general purpose room. This center will be sized appropriately to serve the residents of Phase 4, and will be owned and maintained by the Phase 4 owners association. R. Lighting Plan Please see Tab 22 for lighting information, which continues with the lighting style used throughout Baxter Meadows. Lights are placed in accordance with the U.D.O. and Northwestern Energy standard practices. S. Miscellaneous Public Lands Phase 4 borders the Gallatin County Regional Park on the south and west sides. Phase 4 will improve access to the Park by participating in the construction of Vaquero Parkway, which is a critical access for the Park. Additionally, the Baxter Meadows project has donated approximately one million dollars worth of improvements to the park to date. Hazards No health or safety hazards exist on or near the subdivision, nor do land uses that create a nuisance. 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 BAXTER MEADOWS P.U.D. PHASE 4 SUBDIVISION PRE-APPLICATION 4/4/06 Contents: $ Project Description $ Development Review Application $ Subdivision Preapplication Checklist $ List of relaxation requests $ Notable PUD items $ List of requested waivers $ PUD Concept Plan $ Vicinity Map $ Phase Key $ USGS Topo Map w/ Subdivision $ Existing Zoning Map $ Street Plan Layout $ Street Section Details $ Wetlands Permit/Map $ Subdivision Plan (36"x24") Project Description: Phase 4 of Baxter Meadows PUD consists of 149 residential single family lots, one Community Center lot to be the future location of the Bozeman YMCA, and one lot that is the Gallatin County Regional Park. We have utilized UDO guidelines in this phase to the extent possible, but there are a number of relaxation requests, mostly due to the angle of the Spring Ditch as it passes through the subdivision. There are several other items which do not qualify as relaxations, but need to be understood within the context of the greater PUD. We have included a separate description of these items following the relaxations. Thank you for your consideration of our preapplication plan. We look forward to hearing your input. Applicant: 3985 Valley Commons Drive Bozeman, MT 59718 (406) 586-9922 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 1 *DRAFT* **MINUTES** CITY OF BOZEMAN PLANNING BOARD, TUESDAY, MAY 15TH, 2007 7:00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE President and Chair, JP Pomnichowski called the meeting to order at 7:00PM and directed the secretary to record the attendance. Members Present: Members Absent: JP Pomnichowski Ed Sypinski Brian Caldwell Dave Jarrett Randy Carpenter Bill Quinn Caren Roberty Erik Henyon Steve Kirchhoff, Commission Liaison Staff Present: Lanette Windemaker, Planning Consultant Kimberly Kenney-Lyden, Recording Secretary Guests Present: Harley Huestis, PC Development Jason Leep, PC Development ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was none, President Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF MAY 1ST, 2007 Seeing there were no changes, corrections, or additions to the minutes, President Pomnichowski stated the minutes will stand as written. ITEM 4. PROJECT REVIEW 1. Major Subdivision Preliminary Plat Application, #P-07011 (Baxter Meadows PUD, Phase 4). Subdivision Preliminary Plat Application by applicant and owners, Baxter Meadows Development LP, and representative, PC Develoment, to subdivide ~ 48 acres into 125 single household lots, one multi household lot, one community center lot with open space and trail system on property legally described as a portion of Tract 4A-1, COS 2202B, located in the Northeast ¼ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.(Windemaker) 926 2 Staff Report: Planner Lanette Windemaker gave the detailed staff report. She noted the Preliminary Plat for Phase 6 and Phase 3 of the Baxter Meadows PUD was given conditional approval in early 2006. Ms. Windemaker stated the property is zoned R-3 and is consistent with the 2020 plan’s designation of “Residential”. She added the pre-application was reviewed by the DRC in May 2006 where several concerns were noted: The need for improved multi model connectivity to the east, reverse frontage lots should only be allowed with superior design, pedestrian safety issues related to school access routes, the need for park and open space areas to be both physically and visually accessible, the need for street frontage on park areas, and the need to achieve minimum net density. Planner Windemaker noted the applicant has requested several relaxations; from Section 18.44.050 of the UDO to allow a 55 foot right of way width for local streets, from Section 18.42.040 to allow block length width to be more or less than the standard, from Section 18.42.150.C.5 to allow local street light mountings to be less than 25 feet, from Section 18.16.050.A to allow a corner side yard to be a minimum of 10 feet, and from Section 18.40.410 regarding community centers which was determined unnecessary and is addressed in condition number six of the PUD preliminary plan. She added condition number six is for the subdivision itself and notes the community center is an accessory use and not a conditional use. To address affordable housing, Planner Windemaker noted the applicant has some RSL’s on this property and have been asked by CAHAB that they not be single family, but be multi-family lots. She noted the UDO requires the developer to provide a minimum of 10% of the net buildable acreage be dedicated to RSL’s. She stated Chuck Winn noted the applicant shall not be granted final plat approval nor can construction commence until an appropriate fire station site has been secured. Ms. Windemaker added the proposed subdivision is adjacent to the regional park on the south and west and there are no direct impacts to that park, or other public lands. She noted staff is not recommending full or partial basements due to high ground water. There has been no public comment received to date. Planner Windemaker closed by stating staff if recommending conditional approval Questions for Staff: Commissioner Kirchhoff asked what the logic was behind only allowing townhomes on the RSL’s. Planner Windemaker responded single family homes are not affordable, the construction costs for a townhome are much less than the costs for building a single family home. Caren Roberty clarified these homes will be single family homes, but they will be attached. Planner Windemaker concurred. Erik Henyon asked who is responsible for finding a fire station on this site, the City? Ms. Windemaker noted the need for public safety in adding 400 + new residents to the area which would require a new fire station. Mr. Henyon asked what is keeping the City from doing this and Planner Windemaker stated it is the availability of land and the cost of land that is difficult. She noted the land has to be at a price the City could afford. 927 3 Applicant Presentation: Harley Huestis with PC Development representing Baxter Meadows Development gave his presentation. He gave a conceptual overview of the project and noted this project is really shaping up after the minor subdivision and ZMA were approved by the Commission. The greater Baxter Meadows area, Phase IV, has a commercial node to the north, then further to west is multifamily, and single family. This new phase reaches six dwelling units per acre, and once you insert the multi family, it will equate to 7.2 units per acre. Mr. Huestis stated they are going to reconstruct the ditch area and put some nice landscaping in there. He noted they have designed some house plans that are of a nice architectural nature. Mr. Huestis stated they are asking for a narrower right of way along the fronts of the houses for access purposes. On the previous Pre-Application they submitted, he noted the plan was originally all single family housing, but at the recommendation of CAHAB, there will be a six acre multi family housing area to the south east. The community center will be owned and maintained by the residents in Phase IV. Mr. Huestis stated Planning Staff is supporting all their relaxations, but they do have a couple of conditions. He commented with condition 5, they would like to add the RSL's in the single family lots, because if they try to create those in the 6 acre home area, they would have to create 3,000 square foot townhouse lots which would make one lose creativity and flexibility, and each lot would require it's own water and sewer service, which ups the cost per unit. He noted this does not allow for a practical use of the land. They will not be able to meet the affordability problem if these lots are across from the regional park. Mr. Huestis stated what would end up happening is people would buy them and rent them out which would defeat the purpose of making these affordable units. He added the UDO only requires they dedicate 10% to RSL’s, it does not state where these RSL’s should be in a development. With condition #1, Mr. Huestis noted his team came back with the layout and found they could do a 55 foot right of way and added it sounds like Planning and Engineering would support that. He stated they request the language reflect that in the report. Mr. Huestis noted they are having a difficult time with condition 13, as the fire department issue would set them back. They did offer to look at finding the Fire Department a place north of Baxter lane. He added they are trying to help them, but feels this condition is unfair because they cannot have this project held up until the fire department finds the land for a new station. Questions for Applicant: Brian Caldwell asked if the fire department could fit into a location in the regional park master plan. Mr. Huestis responded they are looking at a 1-2 acre parcel not in that area, but in the meantime are working with the regional park and could possibly get the fire station some land there. Erik Henyon asked the applicant how many homes have been sold out in Baxter Meadows to date. Mr. Huestis responded they have sold 30-40 condos and 50-60 single family homes. Mr. Henyon then asked how many homes will be sold by the time construction is completed. Planner Windemaker replied that would be a hugely flexible number and could not be determined. Mr. Henyon commented the reason for this line of questions is that the impact fees for each lot should be used for the fire department location and this project alone could fund a fire department there. Ms. Windemaker stated the fire department is 928 4 asking PC Development & Baxter Meadows Development to sell them a piece of ground to put a new fire station on. Mr. Henyon asked why the City would hold up a project just for a piece of land for a new fire station. Planner Windemaker responded there are service issues and safety issues out there that need to be addressed. Mr. Huestis noted Chuck Winn came to the DRC meeting and stated he realized they probably could not do it, but they have been talking to developers and cannot afford the full price for a parcel of land. He added they have spoken to their attorney and the City is putting a moratorium on this development and that is not legal. He closed by requesting that condition be removed to send another signal to the Commissioners that stopping this development is not appropriate. Caren Roberty asked the applicant what the price point would be for the restricted size lots. Jason Leep from PC Development replied this development is going to be marketed toward empty nesters, but it will be a 0 maintenance issue so it's carefree. It will definitely be marketed to the upper end. He added the smaller units will be in the $425K price range and larger units will be at $650K range. With the multifamily attached units, they will end up with three price points in that area. Mr. Leep noted the project as a whole has different housing types with three different products, but this phase is not geared towards affordable housing Randy Carpenter asked the applicant to clarify the right of way sections. Mr. Huestis responded they are asking for the 55 foot right of way just along the fronts of the homes with the access ways. Mr. Carpenter if a parkway would be the same as this. Mr. Huestis replied a parkway has to be a 70 foot right of way, but this street is a local street and not classified as a collector or arterial in the transportation plan. Mr. Carpenter stated it is difficult to understand the trail systems in this development and asked if the applicant has received comment from GVLT. Mr. Huestis noted they are currently finishing up a mile’s worth of trails and are working closely with GVLT on this as well as a mid walk crossing. He added they are looking at a three way stop as well. Randy Carpenter asked what they were planning on putting in the community center. Mr. Huestis replied it will be one structure, maybe 11500 square feet in size, and it will have a kitchen with a big meeting room for functions, and maybe a gym. Mr. Carpenter asked if they will have parking allotted for the community center. Mr. Huestis commented there will not a lot of parking, but they will have to supply some parking. He added this center is meant to be primarily for the members of Phase IV. Randy Carpenter asked the applicant where he anticipates the other RSL’s to be in this development. Mr. Huestis responded that on the preliminary plat, there are 18 to 23 restricted size lots with alleys on the two blocks right in the middle. The alleys will allow for a garage in the back. Erik Henyon noted he liked the idea that the retention pond was on the northeast corner away from Spring Creek ditch, but was wondering if that would disturb the creek and whether it was sufficient enough for storm water. Mr. Huestis replied it is not sufficient enough for storm water, but there are a number of retention ponds to help with this issue. He commented they have been working on getting the landscaping to work with the retention ponds. President Pomnichowski asked the applicant if they have the required 310 and 404 permits. Mr. Huestis noted they have both permits and they are in the appendix of the supplemental materials. Ms. Pomnichowski asked if the Spring Ditch is owned by the Farmer’s Canal Company. Mr. Huestis replied this question was raised by Bob Murray. He noted Spring Ditch is a naturally occurring stream that can be 929 5 drained into, but it is foremost a stream. JP Pomnichowski asked if they completed their flood plain delineation. Mr. Huestis stated they have not done that as of yet, but it will be done in the engineering design before the Final Plat. He added the flood plain is not even half way to the stream ditch. Planner Windemaker noted the applicant will have to demonstrate where the flood plain is before the City gives them final plat approval. It is a very small are to the north. JP Pomnichowski noted her concerns and stated she wants to see the delineation done. Ms. Pomnichowski asked Mr. Huestis what the alley way widths will be. He responded they will be 30 feet wide. She asked why they did not propose a wider alley width because this will not accommodate a turning radius on some of the newer vehicles. Mr. Huestis noted the minimum for an alley way is 20 feet, but they are doing 30 foot alleys. He added that is the standard being used all over town and they are going to use the same plan and feels like that is plenty generous. JP Pomnichowski asked if Fired signed off on this at the DRC meetings. He noted these lots all have the standard setbacks, another 20 feet from the back of the lot to the garage. Lanette Windemaker also commented the fire department did not present any objections to this. JP Pomnichowski noted the lot coverage seems pretty aggressive and asked if they were meeting the requirements. Planner Windemaker stated they would have to meet it, but we will not see it until they apply for a building permit. Ms. Pomnichowski noted she would like to keep the requirement that the fire station site be in your development. She added there are going to be hundreds of people living there and the fire safety issues are for the many structures in this development. Mr. Huestis asked President Pomnichowski if she would recommend the other subdivisions have a fire station as well. She responded they are going to have $425K homes in their area and wouldn’t they want to protect those homes. President Pomnichowski noted the development along Oak and Baxter had to be stopped in order to improve the streets. She stated the fire station be placed somewhere on their site or in the surrounding area to give security to the residents. Brian Caldwell asked if condition 14 addressed the 100 year flood plain. Planner Windemaker concurred, but added if the limits start to encroach upon a lot, they would need to pull the lot out of the flood plain. JP Pomnichowski stated the applicant commented earlier that they will not meet affordability across from the park. She asked them to at least try. She asked Mr. Huestis to clarify the single family RSL’s will be in the center and the multi-family in the South. Mr. Huestis confirmed and noted the town homes will end up getting rented. Ms. Pomnichowski asked how they plan to meet the affordable housing requirement. Mr. Huestis replied they are supplying 10% of the lots to RSL lots. She asked if they could think of ways to bring the prices down so it is not such expensive 'square footage'? Mr. Huestis stated one could, but this is not their intention of this development. President Pomnichowski commented to the applicants that what they are truly after is profitability. Planner Windemaker stated that sadly, the UDO only allows for a smaller size lots, we cannot manage the cost per unit, we only require smaller lots. Mr. Huestis noted the smaller lots would require smaller homes which would decrease the cost of a house. Discussion Brian Caldwell stated that regarding the fire department issue, having a fire department there and their presence would have a positive impact on the regional park. We could offer an alternate condition that would help them modify their master plans in order to accommodate a fire station. It seems that in a 100 acre park, a 1-2 acre lot for a fire department seems reasonable. He noted this fits the community. Randy Carpenter asked the board to define this condition. Caren Roberty remarked one could not 930 6 purchase land that was bought with open space bond money like the regional park and are not allowed to use the parkland for anything else except parkland. Mr. Caldwell stated the applicant expressed their willingness to find another location for the fire department, time and site plans, it seemed to line up with the willingness of the applicant. There would be some public benefit and synergy because the YMCA would be there as well. Randy Carpenter stated he would not support anything that would take away parkland and suggested to the board to leave this condition as it is. He stated they applicant has an attorney and the board members should let the legal departments work this one out. JP Pomnichowski asked if the regional park is owned by the City or County. Planner Windemaker responded the parkland has been annexed into the City, however it is owned by Gallatin County. Erik Henyon asked Commissioner Kirchhoff to give his opinion and educate the board members on the issue at hand in regards to a new site for the Fire Department. Steve Kirchhoff replied it is easy to assume the City of Bozeman can purchase land with impact fees collected from development projects. However, development is progressing much faster than our current city services can provide. He added the city can construct a fire department, but do not have enough money to service that fire department. Commissioner Kirchhoff noted he agreed with Mr. Caldwell’s suggestion to let the developer assist the City in finding a location for a new fire department. He stated stopping development of a project to meet the service needs of the community is not uncommon, but it is unpleasant and must be addressed for public health and safety issues. Caren Roberty noticed how on recent projects, the proposals are putting the RSL’s into little pods in the middle of these high end developments. She noted this does not solve the issue of creating a ‘neighborhood’. She noted the RSL's should be mixed within the development and not in a pocket in the middle of the development. Ms. Roberty closed by stating the advisory boards need to push the idea that affordable homes need to be scattered throughout the developments. Bill Quinn noted the requirement for RSL's is being met in this application. He added the affordability is a separate issue that needs to be addressed. Mr. Henyon stated in looking at this project as a whole, the applicants are meeting the UDO standards because the size of the lots and percent allotted have been met. Commissioner Kirchhoff replied he agrees with Ms. Roberty’s suggestions and added the intent of RSL’s have not yet materialized and is in support of mixing up the restricted size lots within the development. Brian Caldwell commented the applicant could also aggregate some of the lots to create another RSL and this could answer the problem. Motion and Vote: Brian Caldwell moved to recommend an added sentence in Condition Thirteen regarding the fire department to read “the applicant will help facilitate the possibility of locating fire station #3 at the regional park”. The motion was seconded by Erik Henyon. Those in favor being Brian Caldwell, Erik Henyon, and Bill Quinn. Those against being Caren Roberty, JP Pomnichowski, Randy Carpenter, and Steve Kirchhoff. Motion failed. Bill Quinn moved to amend Condition Five to strike the second sentence reading “The additional RSL’s not identified as a single household detached dwelling unit on the preliminary plat shall be designated as single household attached Restricted Size Dwelling Units within the multi-family lot, Lot 12, Block 7.” Leaving only the very first sentence where the subdivider shall ensure the minimum of 10 percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The motion was seconded by Erik Henyon. Those in favor being Bill Quinn, Erik Henyon, Randy Carpenter, Caren Roberty, JP Pomnichowski, Steve Kirchhoff, and Brian Caldwell. All in favor, motion passed unanimously 7-0. Bill Quinn moved to accept the recommendation of Condition One to read "The right-of-way widths of "A" Way and "B" Street shall not be less than 55' wide. Any street with a ROW less than 60' wide 931 7 shall be subject to the following conditions." The motion was seconded by Steve Kirchhoff. Those in favor being Bill Quinn, Steve Kirchhoff, Erik Henyon, Randy Carpenter, Brian Caldwell, JP Pomnichowski, and Caren Roberty. All in favor, motion passed unanimously 7-0. ITEM 5. NEW BUSINESS Erik Henyon stated he needs an updated UDO. The recording secretary responded she will bring one to the next Planning Board Meeting. Brian Caldwell announced he would like to be on the subcommittee for the 2020 Update and will contact Senior Planner Jody Sanford and Assistant Director Chris Saunders to inform them. Randy Carpenter suggested the City Planning Board meet again with the County Planning Board. President Pomnichowski concurred and recommended it be very soon. She noted she will put in that request and asked the members of the board to submit agenda items. ITEM 6. ADJOURNMENT Seeing there we no other issues before the board, Chair and President, JP Pomnichowski adjourned the meeting at 8:32PM. __________________________________ __________________________________ JP Pomnichowski, President & Chair Andrew Epple, Director Planning Board Department of Planning & Community Dev. City of Bozeman City of Bozeman *City of Bozeman Planning Board meetings are open to all members of the public. If you have a special need or disability, please contact our ADA Coordinator, Ron Brey, at 582-2306 (voice) or 582-2301 (TDD). 932 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: CUP to Modify Legends at Bridger Creek II PUD with Relaxation, #Z-07086 MEETING DATE: Monday, June 18, 2007 RECOMMENDATION: The City Commission approves application #P-07086 with relaxation #1 subject to the conditions of approval and code provisions outlined in the Staff Report. BACKGROUND: This is a CUP for a modification to the approved PUD to develop ~ 57 acres as 127 lots for single household use with a community center, park, open space and a trail system. The modification requested would allow the construction of 22 single-family townhouses in an attached duplex orientation on lots 26-38a and 53-59a. The applicant is proposing to relocate 2 lots from other areas in the PUD to include in the townhouse units. The project will have access from MT Highway 86 (aka Bridger Drive/Bridger Canyon Road), Boylan Road, and internal streets. The applicant has requested the following PUD relaxation: 1. Section 18.16.040, Lot Area and Width; to allow lots to have a minimum area of 4,593 square feet. UNRESOLVED ISSUES: None. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 933 PLANNING DEPARTMENT STAFF REPORT #Z-07086 LEGENDS AT BRIDGER CREEK II PUD MODIFICATIONS Item: Zoning Application #Z-07086 ⎯ An application for Modification of a Conditional Use Permit for the Legends at Bridger Creek II Planned Unit Development to allow construction of single-family townhouses in an attached duplex orientation on lots 26-38 and 53-59. The property, is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. Owner/Applicant: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802; Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Representative: Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday, May 23, 2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Before the Bozeman City Commission on Monday, June 18, 2007, at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located ~ 1,300 feet east and ~ 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. The property is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-1 (Residential Single-Household, Low Density District) and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. Please refer to the vicinity map on the following page. 934 PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan. This PUD is ~ 57 acres to be developed as 127 lots for single household use with a community center, park, open space and trail system. The modification requested would allow the construction of 22 single-family townhouses in an attached duplex orientation on lots 26-38a and 53-59a. The applicant is proposing to relocate 2 lots from other areas in the PUD to include in the townhouse units. The project will have access from MT Highway 86 (aka Bridger Drive/Bridger Canyon Road), Boylan Road, and internal streets. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for the following section: 18.16.040, Lot Area and Width; to allow lots to have a minimum area of 4,593 square feet. 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. ZONING DESIGNATION & LAND USES The subject property is zoned “R-1” (Residential Single-Household, Low Density District), and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. The intent of the “R-1” residential district is to provide for single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area’s residents while respecting the residential character and quality of the area. The intent of the Entryway Corridor Overlay district is to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 2 935 this title, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. The following land uses and zoning are adjacent to the subject property: North: “AS” (County Zoning Agricultural Suburban) – Unincorporated, agricultural, and dwelling units. East: “R-1” (Residential Single-Household, Low Density District) – Creekwood Subdivision. South: “RS” (Residential Suburban) –Unincorporated, Mt. Baldy and Ed Vogel Subdivisions, dwelling units. West: “R-1” (Residential Single-Household, Low Density District) – Legends at Bridger Creek I. ADOPTED GROWTH POLICY DESIGNATION The property is designated as “Residential” in the Bozeman 2020 Community Plan. The “R-1” (Residential Single-Household, Low Density District) zoning designation is consistent with this land use designation of the property. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 3 936 Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. • 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. This project has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. This modification does not change the net density. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 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. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 4 937 With the conditions outlined by the DRC and the DRB, the elements of the Legends at Bridger Creek II PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner 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. This modification does not change the requirements of the approved final PUD Plan. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Legends II with sidewalks along streets or within open space areas, and a circular trail system through the project. The PUD plan includes interior streets with access off of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Boylan Road. All lots are provided with vehicular access either from local streets, private lanes and/or alleys. This modification does not change the requirements of the approved final PUD Plan. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. 8. Open space. This modification does not change the amount of open space in the approved final PUD 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-1 Less than 3:12 24 3:12 or greater but less than 6:12 28 6:12 or greater but less than 9:12 32 Equal to or greater than 9:12 36 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. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 5 938 a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will provide subdivision lighting in accordance with Section 18.42.150.C. 12. Provisions for utilities, including efficient public services and facilities. The project will provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. This proposed modification is interior to the PUD and will have no impact on the Rouse Avenue and Bridger Canyon Drive Overlay district. 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-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 6 939 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. Other than 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. Legands at Bridger Creek II PUD is bordered on two sides by new subdivisions - Legends I to the west and Creekwood to the east, Bridger Creek is on the north side, and on the south side are existing rural subdivisions – Mount Baldy and Ed Vogel. It is designed with open space buffers along the north and west boundaries, and an alley as requested by the adjoining property owners along the south. The east side has been designed to blend with the Creekwood Subdivision. Therefore, this modification 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. This project has a net density of ~ 5.7 dwelling units per acre. This modification does not change the net density. b. Special yards, spaces and buffers. This modification does not change the requirements of the approved final PUD Plan. c. Special fences, solid fences and walls. This modification does not change the requirements of the approved final PUD Plan. 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, lanes and alleys will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 7 940 i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “Planned Unit Development Design Objectives and Criteria” In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? In the area along Bridger Creek there are cottonwoods, dogwood, quaking aspen, chokecherry, willow and alder. In the area that has historically been in agricultural use there are no significant levels of mature vegetation (trees or large bushes). (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? With both vehicular and pedestrian connectivity, 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 #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 8 941 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 contribute to the overall reduction of energy use by the project. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Within the PUD, the residential areas are generally designed for some level of privacy, with open space corridors providing separation. (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? This modification does not change the requirements of the approved final PUD Plan. (7) Performance. All PUDs shall earn at least twenty performance points. The approved final PUD Plan achieves this requirement. (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 Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? This project has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. This modification does not change the net density. (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 community center, pedestrian trail(s), as well as areas for passive recreation. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 9 942 (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? 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 single-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. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. The relaxation to allow a lot area minimum square footage of 4,593 square feet shall be restricted to the 22 lots intended for single-household attached duplex townhouses. 2. Plans showing the location, size, and number of all sewer and water services with the revised lot layout shall be submitted to and approved by the City Engineer and Water/Sewer Superintendent. No building permits shall be issued prior to the installation and acceptance of all service stubs. 3. Easements along the common property line between lots shall be provided where any service is closer than 10’ to the common line. 4. The location of all existing and proposed private utilities and appurtenances must be shown on the service line plans. 5. The owner shall executed and submit the following documents prior to final plan approval: #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 10 943 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. 6. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 7. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 8. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB), and other boards, when appropriate, have reviewed application #Z-07086, Modification of the approved Conditional Use Permit (CUP) for the Legends at Bridger Creek II Planned Unit Development (PUD) against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 11 944 THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE LEGENDS AT BRIDGER CREEK II PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. cc: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802. Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 12 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 Design Review Board Minutes – May 23, 2007 1 DESIGN REVIEW BOARD WEDNESDAY, MAY 23, 2007 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Livingston called the meeting to order at 5:30 p.m. and directed the secretary to record the attendance. Members Present Staff Present Walter Banziger Brian Krueger, Associate Planner Michael Pentecost Lanette Windemaker, Contract Planner Bill Rea Tara Hastie, Recording Secretary Mel Howe Christopher Livingston Elissa Zavora Visitors Present Catherine Koenen Matt Ekstrom Dennis Foreman Shawn Shahan Mike Promisco Amy Beausoleil ITEM 2. MINUTES OF MAY 9, 2007. MOTION: Mr. Rea moved, Mr. Howe seconded, to approve the minutes of May 9, 2007 as presented. The motion carried 5-0. ITEM 3. CONSENT ITEM 1. Legends @ Bridger Creek II Mods to PUD #Z-07086 (Windemaker) Midfield Street & Medicine Wheel Lane * A request for modification to an approved Planned Unit Development Application to allow single-family town homes in an attached duplex orientation to be built on 22 lots, lots 26-38a and 53-59a. MOTION: Vice Chairperson Pentecost moved, Mr. Rea seconded, to forward a recommendation of approval to the City Commission for Legends @ Bridger Creek II Mods to PUD #Z-07086 with Staff conditions. The motion carried 5-0. ITEM 4. PROJECT REVIEW 1. Snowload Office Building SP/COA #Z-07092 (Krueger) 801 West Main Street * A Site Plan Application with a Certificate of Appropriateness to allow the construction of a commercial office building with related site improvements. Dennis Foreman, Shawn Shahan, and Mike Promisco joined the DRB. Associate Planner Brian 970 Design Review Board Minutes – May 23, 2007 2 Krueger presented the Staff Report noting the location of the proposal; adding that it was the Hardees building. He stated there were other parcels directly related to the Hardees site and Staff was attempting to use those parcels as legal nonconforming parking areas. He stated there were odd parking conditions, but Staff was trying to make the parking work as the intersection in that location was in the Entryway Corridor making the site very important. He stated that the B- 2 zoning designation lent itself to a more suburban character and the current regulations did not account for that. He stated most of the site elements had been worked out, including resolution to the parking by eliminating a landscaped island; adding that the submittal would be finalized prior to Planning Director approval. He stated Staff was comfortable with the site design, some boulevard trees would need to be removed and seating areas would be instituted. He stated that condition #1 addressed the front elevation of the building, but the rear elevation would also be presented to the public; adding that he had crafted a condition to add additional balconies, awnings, or both to strengthen the front facade. He stated Staff was looking for additional detailing, the rear entrance was too near the elevator shaft and Staff had suggested recessing the entrance, the detailing of the fences and balconies needed to include how they were going to be constructed and of what material, and the underground parking and retaining walls would need to be coordinated with the balconies. He stated additional cornice material would need to be instituted on the building; adding that the color and materials pallet would be important considering the quoins that were being proposed for the structure. Mr. Shahan stated the applicant had seen the location as an opportunity to move downtown and extend the downtown area. He stated the 777 building had similar materials to what was being proposed for the project and the applicant had wanted to create a good presence and usage for the area. He stated the balconies and terraces allowed for entry of as much of the environment as possible. He stated the applicant had tried to institute natural arches throughout the structure and more balconies would come off as gaudy; adding that awnings would be in-keeping with the design, but the windows might have to be made square instead of arched to accommodate awnings. He stated the rear entry being recessed would be a benefit to the building and the applicant was attracted to the mature existing landscaping as they would be tying into it with the proposed landscaping. He stated they were proud of the plaza in front as they were trying to create an office with a pedestrian feel that everyone could use. He stated there would be good access from the outside at every entrance to the building. He stated the balcony railings would be similar to Locati’s building on Main Street and presented a rendering for the DRB’s review. Mr. Rea asked if the lot was currently configured as depicted. Mr. Foreman responded it was pretty close. Planner Krueger noted which access would be added and which landscaped island would be removed. Mr. Rea asked if he was seeing a wall cap depicted on one elevation. Mr. Shanahan responded there would be terraces and wall caps. Mr. Rea asked if sandstone would be used for the quoin features. Mr. Shahan responded that it would. Mr. Rea asked if there would be private patios for each tenant. Mr. Shahan responded there would be. Ms. Zavora asked if the patio area was included in the requirements for landscaping in lieu of parking. Planner Krueger responded that it was and listed those items included in the landscape calculations. Vice Chairperson Pentecost asked the proposed ceiling height. Mr. Shahan responded it would be 8-10 feet on the first floor and 10-11 feet on the second and third floors. Vice Chairperson Pentecost asked the function of the first level. Mr. Shahan responded it would be retail, but would depend on the tenant. Vice Chairperson Pentecost asked if the structure would be steel 971 Design Review Board Minutes – May 23, 2007 3 framed. Mr. Promisco responded it would be wood and steel framed. Chairperson Livingston asked the materials to be used on the arches. Mr. Shahan responded it would be sandstone. Chairperson Livingston asked if there would be columns and their proposed locations. Mr. Shahan responded there would be columns on the interior of the structure. Chairperson Livingston asked the logic for the awnings on the front and rear instead of on the sides. Mr. Shahan responded the applicant did not want to take away from the rest of the structure by instituting too many features on the building. Chairperson Livingston stated the west elevation was 10 feet from the property line and asked the requirement for the number of openings along that property line. Mr. Shahan responded that he did not know. Chairperson Livingston stated the number of openings on that side might be in violation of Building Codes. Vice Chairperson Pentecost added that at a 15 foot setback, 25% of the wall could contain openings, but far less would be allowable at a 10 foot setback. Mr. Rea stated he thought the site was very important and would deserve the DRB’s full attention. He stated he was supportive of the proposed parking as it seemed logical to make the alley part of the drive circulation. He stated he would prefer to see the landscape island removed to provide for the streetscape. Planner Krueger responded that Staff had discussed the parking issue and the current answer would provide a method of shared parking between developments. Mr. Rea stated he supported Staff recommendations regarding the awnings and the balconies; suggesting no balconies just awnings on the south side, with no awnings just balconies on the east side. Mr. Shahan responded that part of the concept was the access to the structure and his concern was that he might lose some outdoor access if the openings were in violation of Building Codes. He noted he did not need functional balconies on the southeast side of the building, but he would want functional balconies on the southwest side; he suggested he might use balconies only. Mr. Rea stated he appreciated the arched openings and the French doors, but the awnings on the south side would be critical. He stated the cornice was unacceptable (needing a more elegant profile) due to the language created by the quoins and other architectural features; he suggested using a pre-cast form or something that was not as straight. He stated he was glad to see the wall caps on the balcony walls, and applauded the applicant for the proposed underground parking. Ms. Zavora stated her primary concern would be to keep the existing landscaping intact; asking which vegetation would be kept and which would be removed. Planner Kruger directed Ms. Zavora’s attention to those locations on the site plan. Mr. Shahan responded that their intention would be to keep as much mature landscaping as possible. Mr. Rea asked if the street vision triangle would need to be maintained on the one-way road (Mendenhall Street). Planner Krueger responded there was no requirement, but it would be best to provide for the street vision triangle in case the one-way street was modified at a future date. Ms. Zavora stated she had counted the points required and the drought tolerant species could be counted as three points each due to the proposal having more than 75% of those species; adding that the proposal exceeded their required points. Mr. Howe stated that he agreed with previous DRB comments regarding the cornice design being more molded. He stated there were other methods of limiting sun gain besides awnings and suggested the applicant use some other method. He stated the usable balconies were interesting and should not be used only as decoration; suggesting a simple guardrail could be used that would make the detailing appear differently. 972 Design Review Board Minutes – May 23, 2007 4 Vice Chairperson Pentecost stated he agreed with previous DRB comments and added that throwing on balconies for the sake of adornment did not seem like a good idea, but the south elevation would be pretty bland. He stated that he liked the glass proposed for the south side of the building, but remembered personal temperature difficulties with a southern exposure and large expanse of glass. He stated he appreciated the residential feel of the side street (8th Avenue). He stated he thought the main level could be brought down to scale if awnings were placed only on the main level and the awning protruded enough for protection. He stated he thought the proposal was headed in a good direction and suggested more detailing be included. Chairperson Livingston stated he thought the revised set of plans depicted the right direction for the design of the cornice. He stated the proposal looked very wall paper like (too plain with not enough relief); he suggested some sort of shading and that the applicants look at how quoins are used on a building. He stated that, historically, awnings were instituted for shading and security and the expanse of windows would cause an incredible solar build within the structure. He suggested an interesting balcony could provide shade on the window below and relief for the south façade. He stated that he would rather see the arched tops be done in brick and he was glad to see that the proposed plaza area would be inhabited as it would promote people to park their bikes there. He stated that, typically, awnings on the east and west elevations did not work due to the low angle of attack by which the light would hit the structure. He stated that the building was very symmetrical, but there were features on the east and west elevations that did not look symmetrical. He stated he might consider a modification of the arches on the second and third floors if they would work better with awnings. MOTION: Vice Chairperson Pentecost moved, Mr. Rea seconded, to forward a recommendation of approval to the Planning Director for Snowload Office Building SP/COA #Z-07092 with Staff conditions. The motion died. Mr. Shahan stated he had changed his mind regarding the expanse of glass and he would institute all Staff and DRB recommendations to the best of his ability. Mr. Rea stated that his concern was with the importance of the location and the design of the structure; suggesting that the DRB may have to review the proposal as a Consent Item at a future meeting. Chairperson Livingston and Vice Chairperson Pentecost concurred. Mr. Shahan suggested the applicant’s concern would be the time frame involved if the DRB required another review of the proposal; adding that he did not want the proposal pushed out another month. AMENDED MOTION: Vice Chairperson Pentecost moved, Mr. Rea seconded, to forward a recommendation of approval to the Planning Director for Snowload Office Building SP/COA #Z-07092 with Staff conditions and the addition of condition #10 that the proposal be reviewed as a Consent Item before the DRB prior to FSP approval. The motion carried 5-0. ITEM 5. PUBLIC COMMENT – (15 – 20 minutes) {Limited to any public matter, within the jurisdiction of the Design Review Board, not on this agenda. Three-minute time limit per speaker.} There was no public available for comment at this time. ITEM 6. ADJOURNMENT There being no further comments from the DRB, the meeting was adjourned at 7:00 p.m. 973 Design Review Board Minutes – May 23, 2007 5 ________________________________ Christopher Livingston, Chairperson City of Bozeman Design Review Board 974 975 600 N Wallace Ave. loft #3 Bozeman, MT 59715 406-587-3628 thinktankdesign.net Baxter Creek Development GPA Date: 03/08/07 Planners & Commissioners, The following is a proposal for a Growth Map Amendment that will contribute to the sound development of this community and preserve the inherent character that creates the wonderful “sense of place” in the region. This map amendment looks to promote and further the primary ideas of the 2020 Growth Policy document such as, Centers, Neighborhoods, Sense of Place, Integration of Action, Natural Amenities, and Urban Density. This proposal is specifically directed towards creating commercial density along an existing corridor on committed lands. Committed lands are lands that have already been annexed, are surrounded by supportive infrastructure and are nonviable agriculturally. The proposed promotes a commercial density that is more in keeping with the 2020 plan which not only furthers the tenants which guide our community it is resource efficient. The following proposal demonstrably proves why this map designation is more in keeping with the guiding principals of the 2020 growth policy than would otherwise be allowed with the existing designation. We recognize the City is evaluating the existing 2020 plan in earnest and that future change to the map and document may be on the horizon. However proceeding ahead with this proposal at this time will not create an inconsistency with future revisions. Given the thorough analysis contained in this proposal and its response to “on the ground “conditions a thoughtful and responsive map amendment is proposed, just as any future revision to the document would be required to do. Given the fluid and ever changing elements of growth and planning we believe that the guiding principles addressed by this proposal will not change with the revisions that may come in the future. We thank you for your attention and consideration of this proposal. Sincerely, Erik Nelson Thinktank Design Group, Inc Baxter Creek Growth Map Amendment 976 Growth Map Amendment for Baxter Creek 2 Location: The property is located along US 191 directly West of the Billion Auto Plaza. The property is 18.23 acres currently annexed into the City. The existing underlying zoning is B-P and the Growth Policy designation is Business Park. Intent: The intent of this proposal is to change the Growth Policy designation from Business Park to Community Commercial in an effort to create a more compact commercial development pattern along US 191. After this Growth Policy designation an appropriate zoning will be sought to further the objectives of compact development most likely the a zoning designation of B-2 will be proposed. The following information will respond to the specifics of the 2020 plan section 2.4.1 and the associated criteria. Through careful analysis this document will demonstrate how this map amendment will be an improvement to the community that is more in keeping with the intent of the 2020 plan. Adjacencies: North: Newly created Community Commercial Growth Policy Designation (GPD), with the intended use on a portion of the site of auto sales Residential Growth Policy Designation (GPD) with the intended zoning of high density residential (R-4) East: Business Park (GPD) the existing use is automobile sales which is only currently allowable under a Growth Policy Designation of Community Commercial or Industrial West Business Park (GPD) A master plan is currently being proposed / reviewed with initial zoning designations of B-P and R-O South US Highway 191 (5 lanes), Huffine lane maintenance and access managed by MDOT Across the highway is a GPD of Residential with an approved subdivision having the zoning designations of R-O and R-4 Existing Business Park: This classification provides for areas typified by office and light industrial uses. Additional uses such as retail, services, or industrial, may be approved if they are compatible with, and in support of, the underlying Business Park intent. Proposed 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. In the “center-based” land use pattern, Community Commercial areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. Community 977 Growth Map Amendment for Baxter Creek 3 Commercial areas are generally 120 to 140 acres in size and are activity centers for an area of several square miles surrounding them. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. It is considered desirable to have residences on upper floors in some circumstances. Review Criteria for Growth Map Amendment application A. The proposed amendment cures a deficiency in the growth policy or results in an improved growth policy which better responds to the needs of the general community. The proposal requests a growth map change from Business Park to Community Commercial and this proposed change is evaluated against each of the principles listed in Section 6.1.1 These principles form the major ideas which organize the goals and objectives of the of the growth policy. The following information successfully demonstrates an improvement in the growth policy through this growth map amendment by addressing and advancing each of these basic principals. Centers: The Center based concept promotes compact development whereas the existing Business Park GPD does not promote compact development. The Business Park GPD has two underlying zoning designations associated with it, Residential Office and Business Park. The current property is zoned Business Park (B-P). It is crucial to this proposal to note that the B-P zone type is the least efficient (30% to 40% more consumptive of land than a B-2 zone type) use of land and inherently does not promote compact development. Centers focus commercial activity into mutually reinforcing centralized areas. The proposed Community Commercial designation would do this because the property adjacent on the East is zoned B-P and its primary use is one that is only allowed in Community Commercial and a large portion of the property to the North has recently been designated Community Commercial. The center based development pattern relies on adjacency to high density residential which exists on adjacent properties to the North, West and South. A designation of Community Commercial would not only provide for commercial service opportunities for the adjacent high-density residential but to the region as well. The location of the property along a significant transportation corridor (US 191) also supports the community commercial designation. Growth in the county along this corridor would also be served by additional Community Commercial opportunities. Compatibility is evident based on adjacencies and the intent of a center based development pattern. The core concept behind Center based development is to be compact and the new growth policy designation would allow this property to promote a more compact development pattern. The proposed growth policy designation would cure a deficiency in the growth policy by promoting the more efficient land use type Community Commercial rather than Business Park. Neighborhoods: The goals and objectives for the 2020 plan promote neighborhoods as a second basic principle. One of the primary elements of this concept is that new developments be part of a larger whole rather than anonymous subdivision. This connection to a larger whole is relevant for both residential and commercial subdivisions. The proposed Community Commercial GPD responds to the larger whole because of the property’s adjacencies to existing Community Commercial 978 Growth Map Amendment for Baxter Creek 4 designations. Existing Community Commercial designations in the city are of equal size and proportion to this region after the inclusion of this proposed Community Commercial designation. Having a greater amount of community commercial in proximity to both a regional highway and to a large amount of residential is crucial to the success of the vision for neighborhood interaction. The current deficiency to the growth policy is that a Business Park designation does not include uses which are successful for neighborhood interaction. This current designation and its limits on use directly contradict the notion of “small town feel” where a neighborhood commercial/activity center and local parks provide opportunities to casually interact with other nearby residents. The space surrounding the “business park” rarely creates this essential space for neighborhood interaction which is ironic considering it is supposed to be a buffer between commercial and residential activity. By providing a growth policy designation of Community Commercial this property will better serve the surrounding residential neighborhoods and the adjacent commercial activity. Sense of Place: The third idea that the 2020 vision emphasizes is a sense of place. This sense of place is not only influenced by broad land use patterns but more importantly the existing overlay districts that dictate character and quality in critical areas. The location of the proposed growth policy designation is one such area, the Class I entryway corridor district directs the character for over 50% of the land in the proposed growth map amendment. This overlay district far exceeds any qualitative use restrictions provided for in the growth policy or the underlying zoning. This overlay district is the same regardless of the underlying zoning or growth policy designation. Sense of place is also created through a compact pattern of development which is not allowed for under the current growth policy designation. The proposed growth policy designation would provide opportunities to respond to and create a unique sense of place by allowing for a broader range of uses in a more compact configuration. Integration of Action: The forth basic idea is integration of action which, at its core is promoting an efficient use of land and services that do not waste financial or other resources. The existing Business Park designation is inherently flawed because it promotes sprawl by dictating a limited amount of land use (60% coverage). This is not only wasteful of the valuable land resource in the Valley but causes other City services such as water, sanitary sewer, fire, and police to extend there services areas without a dense commercial tax base to support the extension of such services. The Community Commercial designation would better respond to the community needs by promoting an integration of action that is efficient. This would occur not only by virtue of its more efficient use of land but the proximity to existing services and committed lands. Natural Amenities: Natural amenities are one of Bozeman premier resources and the emphasis of the fifth principle governing the growth policy goals and objectives. These resources contribute to a high quality of life as well as the economy. Integration of developments with natural features is of high importance. The subject property has one of these key natural features, Baxter Creek and its associated wetlands account for approximately 3.92 acres of the 18.23 acres. The design and planning guidelines governing site development with respect to this natural feature are identical regardless of the growth policy designation. The preservation of this amenity is accomplished regardless of designation. The enhanced community values / needs that are met through the proposed growth policy amendment revolve around the limited amount of useable land area provided by the existing Business Park designation. The value of the perceived “private open- space” attributable to the 40% greenspace is directly proportional to the amount of 979 Growth Map Amendment for Baxter Creek 5 uncommitted / Greenfield land that will be required to be developed to meet the demand in the future. In short, small Business Park type development is nearly twice as consumptive of natural land resources/amenities as a Community Commercial designation affords. The value of open- space is in large area of lands being preserved for agricultural / recreational enjoyment, not small (by comparison) rings of green space surrounding disconnected buildings with limited uses. The proposed Community Commercial designation will respond better to community needs for natural amenities than the existing designation. Urban Density: The sixth and final vision idea governing growth for the 2020 plan is Urban Density. Based on the benefits of Community Commercial vs. Business Park already stated, it is obvious that a Business Park designation is far from promoting urban densities. Even though the use in a B-P designation is limited to office, medical office and light manufacturing, (all uses permitted or conditional in the B-2 designation) no residential is allowed. A core concept behind urban density is an allowance for mixed uses including residential. The City of Bozeman has only two zoning designations that do not allow for residential to coexist with commercial activities on some level, M-2 Heavy Industrial (for obvious reasons) and B-P, even though all uses in the B-P are conditional or permitted in the B-2 and M-1 types. The requested change in growth policy to Community Commercial would provide for the opportunity to create the Urban Density suggested in this vision principal more effectively than the existing Business Park Designation. The requested change from a growth policy designation of Business Park to Community Commercial would more effectively provide opportunities to meet the intended vision of these six principals governing the goals and objectives of the Growth Policy. B. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals; if inconsistencies are identified, then additional changes must be provided to remove the inconsistencies. The proposal does not create inconsistencies between goals and the maps or between different goals. No inconsistencies are identified that would need to be remedied. The proposed Growth Policy designation demonstrably shows that it is a superior designation within the context of the various alternatives afforded by the existing growth policy. As noted in review criterion A the change supports basic principles of the growth policy. This advances specific goals of the growth policy such as: 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 3. Continue the entryway overlay design review programs to ensure aesthetically pleasing development on major entrances into the community. Objective 5. Achieve an environment through urban design that creates, maintains, and enhances the City’s industrial, commercial, and institutional areas. Objective 6. Develop infill within the existing area of the City rather than developing land requiring expansion of the City’s area. 980 Growth Map Amendment for Baxter Creek 6 Objective 7. Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community, and regional commercial areas. Goal 4.9.3 Design Guidelines–Create illustrated design guidelines to give clear direction in design and review of residential and nonresidential neighborhoods without unduly constraining architectural style and innovation. Objective 2. Develop design guidelines for buildings to emphasize creativity, diversity, and individuality. The design guidelines shall be based on the premise that truly creative design is responsive to its context and contributes to a comfortable, interesting community. Goal 6.6.1 Create a sense of place that varies throughout the City, efficiently provide public and private basic services and facilities in close proximity to where people live and work, and minimize sprawl. Objective 3. Review and revise regulatory standards and City policies to ensure that sprawl is not encouraged by City actions. Goal 6.6.2 Centers–Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. Objective 1. Develop a land use pattern oriented on half-mile radius neighborhood service centers incorporating employment, recreation, and residential uses. Objective 2. Locate high density community scale service centers on a one mile radius to facilitate the efficient use of transportation and public services. Goal 7.6.1 Promote and encourage the continued development of Bozeman as a vital economic center. Objective 1. Support business creation, retention and expansion. Goal 7.6.2 Support balanced policies and programs to encourage a vigorous and diverse economy. Objective 1. Support the preservation of agricultural lands and activities and a viable agricultural community as an important economic sector in the Gallatin Valley. Objective 2. Support the preservation of Gallatin County’s historic agricultural character and rural lifestyle. Objective 5. Participate in the growing regional economy in a manner that minimizes conflict between jurisdictions and that maximizes natural market strengths. The nuances of on the ground planning and ultimate development of the site are provided for extensively in subsequent reviews that the Planning department and City commission will review. These include but are not limited to Zone Map Amendments, UDO provisions, Subdivision, Site Plan, PUD, Entryway corridor guidelines. The proposed change will provide the tools necessary 981 Growth Map Amendment for Baxter Creek 7 for the designer / developer to respond more appropriately to the goals of the 2020 growth policy. C. The proposed amendment must be consistent with the overall intent of the growth policy. There are six basic principals which form a foundation for many of the land use policies of the 2020 Plan and seem to best encapsulate the intent of the Growth Policy and were covered in detail under criterion A. A brief summary of those consistencies follows. Centers: The center-based development pattern is consistent with this proposal by locating Community Commercial activity at the intersection of arterial and collector streets. Such locations allow not only adjacent residents but also passing travelers to support the commercial activities. The centers concept is further supported through this proposal because of proximity to higher density housing that provides support for commercial operations while providing amenities to residents. Neighborhoods: The commercial/activity center proposed provides opportunities residents and employees alike to casually interact with other nearby residents. Sense of Place: The sense of place described in the growth policy will be strengthened through this map amendment by reinforcing the compact pattern of historic Bozeman that is a stated intent and consistent with the Growth Policy Integration of Action: By creating a more compact development pattern through this growth policy designation City services such as water, sanitary sewer, fire, and police do not need to inordinately extend there services areas. Additionally by providing a denser commercial tax base to support existing service a more efficient integration of action is achieved. Both of these elements are consistent with the intent of the Growth Policy. Natural Amenities: The design and planning guidelines governing site development with respect to natural features are identical regardless of the growth policy designation. Furthermore preservation of useable open space (agricultural / recreational) is achieved through this proposed growth policy designation because more land can be used for direct commercial benefit thus requiring less Greenfield land to be consumed. The preservation of Greenfield land and limiting sprawl are both concepts consistent with the Growth Policy. Urban Density: Fundamental to the efficient and cost-effective provision of urban services, multi- modal transportation oriented development, and a compact development pattern is a concentration of persons and activities. This stated intent of the Growth Policy is at the core of the reasoning for this change in Growth Policy designation. By creating an opportunity for compact development a stronger connection and consistency with the Growth Policy is achieved. D. The proposed amendment will not adversely affect the community as a whole or significant portion by: 1. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of this plan. This does not alter acceptable existing and land use patterns given that adjacent to this property is a use that is currently functioning as a Community Commercial designation (auto 982 Growth Map Amendment for Baxter Creek 8 retail sales). Also a recently approved designation of Community Commercial has occurred on the property to the North. Additionally, many of the existing uses in this B-P designation area are functioning as a B-2 given that they were created during a time when PUD’s could propose uses that were not consistent with underlying zoning. To this end there has been no perceived negative impact resulting from Community Commercial uses that are located in a B-P designated area. The proposed designation will not significantly alter this pattern of development. The only change that may occur is that less Greenfield land would need to be consumed to accommodate future office or commercial demands. 2. Requiring unmitigated larger and more expensive improvements to streets, water, sewer or other public facilities or services and which, therefore, may impact development of other lands. & 3. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services. Water: Adequate water facilities existing adjacent to this property and have been planned for through various development and infrastructure improvement projects. Extensions to provide immediate service can be provided in accordance with adopted City standards. Sewer: The property is located inside the service area boundary, as shown in the 1998 Wastewater Facility Plan and the recent 2006 update to the plan. The sewer mains to serve this property have been planned for and exist in part. Extensions of mains may be required and would be placed along proposed public streets or easements. The developer will be responsible for any extensions into private property. Streets and Transportation: The property is located along a major highway and is adjacent to an intersection of a major arterial road. This proximity is one that is stated as being suitable for Community Commercial activity. At the time of any development proposal detailed analysis of future traffic impacts will be studied and any mitigation required would need to be met prior to development proceeding. The City will be able to evaluate and require necessary work to ensure that development does not create hazardous conditions or degrade the function of streets below standards. This will occur during a more detailed evaluation during subdivision or site plan review. 4. Negatively affecting the livability of the area or the health and safety of the residents. The character presently on the property of open pasture lands will be removed. It must be recognized that the land can be developed with light industrial / office uses and remove all pastoral activities whether or not the amendment is approved. The character of these uses would likely have a greater impact on livability of the area given that the excessive land consumption required for site development would require more Greenfield land be consumed which would negatively impact the overall community. In turn an approval of this growth policy designation would allow for a less consumptive development pattern that contributes to the sense of place as discussed in criteria A above. 983 Growth Map Amendment for Baxter Creek 9 Appendix: A. Vicinity Map B. Site Map / Zoning C. Existing & Proposed Map Amendment D. Existing land use map 2004 E. Site analysis map F. Entryway street section analysis 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 C ommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, City Clerk Chris Kukulski, City Manager SUBJECT: Provisional adoption of Ordinance 1710, amending the Bozeman Municipal Code by revising Title 17 and adding a new chapter to be numbered Chapter 17.02; providing for a new title for housing and a new chapter for workforce housing. MEETING DATE: June 18, 2007 RECOMMENDATION: Provisionally approve Ordinance 1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and final approval. BACKGROUND: Bozeman has had a shortage of affordable housing for very low to moderate income households for some time and is the only major community in the State of Montana without a Housing authority. Start up funding for Housing Authorities has not been available for many years making innovative program and regulatory approaches, with public and private cooperation, necessary to address the shortage of affordable housing. Bozeman has attempted innovative approaches to address this shortage over the years these efforts have not succeeded in providing an adequate amount of affordable housing in the community. This shortage of affordable housing impacts households making from 80% to 120% of the Area Median Income. Ordinance 1710 is intended for consideration in conjunction with Ordinance 1709, Workforce Housing Revisions to Title 18 of the Bozeman Municipal Code, Unified Development Ordinance. Both Ordinances, in combination, are intended to address the affordable housing needs of the community as described above. FISCAL EFFECTS: Undetermined ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, ___________________________________ __________________________________ Brit Fontenot Chris A. Kukulski, City Manager City Clerk Attachment: Ordinance 1710 1008 ORDINANCE NO. 1710 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 17 AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 17.02; PROVIDING FOR A NEW TITLE FOR HOUSING AND A NEW CHAPTER FOR WORKFORCE HOUSING. WHEREAS, Bozeman has had a shortage of affordable housing for very low to moderate income households for some time; and, WHEREAS, Bozeman is the only major community in the State of Montana without a Housing authority; and, WHEREAS, start up funding for Housing Authorities has not been available for many years making innovative program and regulatory approaches, with public and private cooperation, necessary to address the shortage of affordable housing; and, WHEREAS, Bozeman has attempted innovative approaches to address this shortage over the years, including: • 1979-1982 - a VISTA project to organize low income tenants of Legion Housing; • 1985-1986 - establishment of the City’s first Low-Income Housing committee and employment of a part-time housing consultant to staff it; • 1985-1986 - establishment of the first rental rehabilitation Community Development Block Grant program in Montana; • 1993-1994 - establishment of an Affordable Housing Task Force; • 1993-1994 - implementation of two Affordable Housing Task Force recommendations - committing $200,000 from the General fund to establish an Affordable Housing Fund and adopting an Accessory Dwelling Unit Ordinance; played a role in the Human Resources Development Council Land Trust from support letters to grant applications to commitment of City funds through loans or grants; • 1994 on - adoption of regulatory and process reforms including the allowance of accessory dwelling units, restricted size lot requirements, reduced size street standards, reduced setbacks, reduction in minimum apartment size, reduction in affordable housing parking requirement, and other process streamlining measures designed to reduce the cost of supplying affordable housing; • 2000 on - used a portion of Big Box economic impact mitigation fees for assistance with the provision of affordable housing; • 2002 - authorized the Community Affordable Housing Advisory board to work with a housing consultant and the MSU marketing department to document housing needs and recommend strategies for meeting those needs on an ongoing basis; • 2003 - adopted broad affordable housing strategies recommended by CAHAB and 1 1009 community panels. • 2005 - committed a mill to the Affordable Housing Fund; • 2006 - committed two mills to the Affordable Housing fund; and, Whereas, these efforts have not succeeded in providing an adequate amount of affordable housing in the community; and, Whereas, this shortage of affordable housing impacts households making from 80% to 120% of the Area Median Income. NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION: Section 1 That Title 17 of the Bozeman Municipal Code be amended so that Title 17 reads: “Title 17 (Reserved) HOUSING” Section 2 That the Bozeman Municipal Code be amended by adding a chapter to be numbered 17.02, to read: “Chapter 17.02 WORKFORCE HOUSING 17.02.010. Purpose The purpose of this chapter is to enhance the public welfare by ensuring that the workforce housing needs of the city of Bozeman are addressed. The City Commission finds that there is a critical shortage of workforce housing, making home acquisition by many city of Bozeman resident workers extremely difficult. The resident workforce is leaving the city in search of housing, and new employees are being deterred by the high cost of for-purchase housing. To maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the city of Bozeman, resident workforce housing needs must be addressed. It is the intent of this chapter to require the provision, for purchase, of workforce housing units to meet the needs of income-qualified households in the workforce and other households within the specified income range. 171.02.020 Definition of Terms 2 1010 Actively Marketed – Active marketing includes, but is not limited to, City of Bozeman website listing and available print advertisement, including, but not limited to, local newspapers and other available print media. Active marketing includes continuous promotion of property concurrent with market rate homes. Affordable Housing – Housing for persons earning less than 65 percent of the area’s median income for rental housing and less than 100 percent of the area’s annual median income for purchased housing. Further, affordable housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subject to the City’s affordable housing policy. Area Median Income (AMI) – Defined by the Department of Housing and Urban Development, AMI is the median income for a family of four within a specific geographical area, such as Gallatin County. Attached Single Family Home (ASFH) – A dwelling attached by one or more common walls with another dwelling. Multiple homes on a single lot can be deeded separately, such as condominiums. Banking Units – Workforce Housing Units (WHU)s can be pre-built and/or lots can be set aside for future construction of WHUs, which will count towards the required number of WHUs for a future subdivision and/or development by a particular developer and/or builder. Detached SingleHousehold Home ((DSHH) – A freestanding dwelling built without any shared walls. Dwelling – A building or portion thereof, meeting the requirements of the City’s adopted International Building Code and used by one household, as defined by Chapter 18.80 of the Uniform Development Ordinance, BMC, for residential purposes. Dwelling occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many configurations, including single-household, two-household, multiple household dwellings, and group homes. Dwellings do not include hotels, motels, extended stay lodgings, or tourist homes. Household – A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Any number of people related by blood, marriage, adoption, guardianship, or other duly-authorized custodial relationship; A. Not more than four unrelated people, including persons enrolled in an institution of higher learning. Two unrelated people and any children related to either of them; or B. Not more than four people who are: 1. Residents of a “Community Residential Facility” as defined in § 76-411 et. Seq., MCA and this title; or 3 1011 2. Handicapped” as defined in the Fair Housing Act, 42 USC § 3602 (h). This definition does not include those persons currently illegally using or addicted to a “controlled substance” as defined in the Controlled Substances Act, 21 USC §802 (6). C. “Household” does not include: 1. Any Society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing, or like organization; 2. Any group of individuals whose association is temporary or seasonal in nature; or 3. Any group of individuals who are in a group living arrangement as a result of criminal offenses. Housing & Urban Development (HUD) – The federal agency responsible for setting Area Median Income limits. Uniform Development Ordinance (UDO) – City of Bozeman’s code providing rules and regulations for city development. Workforce – Households earning less than 120% of AMI for the City of Bozeman or, for households larger than four, households with a current average income at or less than 120% AMI for a household of that size. Workforce Housing Plan – each development meeting the applicability criteria defined in 17.02.030 shall have an affordable housing plan under this ordinance. The affordable housing plan shall be consistent with the provisions set forth in the Workforce Housing Ordinance. Workforce Housing Program – This program is established under the Workforce Housing Ordinance. The Workforce Housing Program is administered by the City of Bozeman, the Commission and/or agency directed by the Commission. Workforce Housing Unit (WHU) – Housing for persons earning less than 120 percent of the area’s median income for purchased housing. Further, workforce housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. 17.02.030. Applicability A. 1. A developer of a subdivision that includes residential lots, for which preliminary plat is submitted on or after August 2, 2007 and which will result in development of ten or more residential lots shall provide a lot or lots for the construction of 0.4 dwelling units per net acre of development for the workforce housing program. Multiple developments or projects by the same applicant or responsible party within any consecutive 12-month period on 4 1012 parcels held in contiguous ownership at the time of the initial development that in the aggregate equal or exceed ten residential lots shall be subject to this section. 2. Any site plan including residential condominiums on lots created or annexed on or after August 2, 2007, with a gross project area of more than 5 acres shall provide, or shall cause to be provided 0.4 dwelling units per net acre of development for the workforce housing program. Multiple site plans by the same applicant or responsible party within any consecutive 12-month period that in the aggregate exceed a gross project area of 5 acres shall be subject to this section. B. Project Size: 1. Subdivisions with fewer than ten lots, or condominium site plans with a gross project area of 5 acres or less: No workforce housing requirements. 2. Subdivisions with ten or more lots, or condominium site plans on lots created or annexed on or after August 2, 2007, with a gross project area of more than 5 acres: 0.4 dwelling units per net acre of development in the subdivision must be dedicated to workforce housing requirements (excluding any additional dwelling units approved through a density bonus), subject to the provisions of Section 17.02.040. 17.02.030. Workforce Housing Plan Required The developer of a project meeting the applicability criteria defined in 17.02.030 shall submit, prior to or concurrently with their application for preliminary plat or condominium site plan approval, an application describing their workforce housing plan in accordance with this and other applicable ordinances. The developer's workforce housing plan must, in addition to items listed above, include a marketing plan and estimated project timeline. 17.02.040. Compliance A development meeting the applicability criteria defined in 17.02.030 is required to provide lots and/or building areas for construction of Workforce Housing Units (WHUs) for homeownership according to this chapter and may meet its obligations according to one or a combination of the methods established below. Workforce Housing Detached Single Household Home (DSHH) lots and Workforce Housing Attached Single Housing Unit (ASHU) lots shall be sized according to the matrix found in 17.02.050 and shall be priced at $12/sf in 2007 and increase annually at the lesser of 4% or the increase in the AMI for that year. Periodic review of the annual increase shall be completed by the City and shall not be greater than the lesser of 4% annually or the increase in the AMI over that time period. 5 1013 A. Density Calculations 1. The required number of for sale WHUs is calculated at 0.4 units per net lot area of development in acres. 2. Where the fractional calculated required WHU lots are greater than one- half, the developer shall be required to provide the next full lot. B. Specified Use Calculations 1. A minimum of 30% of the required WHUs must be DSFHs. 2. The remaining required WHUs may be either DSFHs or ASFUs 3. Rounding of units will be in favor of DSFH. C. Deed Restriction 1. The WHUs shall be deed-restricted to meet UDO and Workforce Housing Unit program requirements. 2. If the actively marketed DSF lot is not sold within one year of final plat approval, the deed restriction shall be removed. 3. If the actively marketed DSFH or ASFU is not sold within 6 months of receiving an occupancy permit from the City Building Department, the deed restriction will be removed. D. Marketing 1. All lots and WHUs shall be actively marketed by the developer and/or builder in the appropriate print media and on the City of Bozeman’s website. 2. WHU lots shall be actively marketed concurrently with the market rate lots. E. Methods of Compliance 1. The developer shall provide the required number of lots for construction of DSFH and ASFU. The lots shall be actively marketed at the same time as the other lots are marketed and not later than commencing at final plat approval. 2. Off-site workforce dwelling unit lots a. The developer of a subdivision may provide WHU lots off-site for the production of the same number and type of affordable units required for the development of his/her subdivision. The land must be suitable for 6 1014 construction, without abnormalities and with complete environmental review accepted by the City of Bozeman. It must be economically feasible to develop the required number of units on the site. The site must be appropriately zoned and improved with infrastructure (including curbs, gutters, water, sewer, and storm drainage) to City of Bozeman standards. Excessive aggregation of WHUs shall be discouraged. b. The developer may opt to build WHUs in another location within the City of Bozeman. When developed in excess of required WHUs or in advance of the development for which the WHUs will be required, such WHUs will be accepted as credit toward required units in a future application(s). This process is known as “banking units”. The banked units must be pre-approved by the workforce housing program administrator. c. Existing housing may be used to fulfill the requirements defined in Option #1 above. Such housing must be located within the City, be zoned for residential use, have clear title, be in good repair and available for immediate habitation. The conversion to condominiums of existing rental multifamily housing will not be considered for compliance with the requirements of Option #1, unless such conversions were completed on or before December 31, 2006. d. “Bonus lots” gained from reduced parkland may not be sold until WHU construction commences. e. 80% of the WHUs in any phase of a multiphase development must be built before the next phase may be commenced excepting infrastructure installation common to both phases. 3. Individualized Program A developer may opt for an individualized program which must provide, at a minimum, the same number of units required under option number 1. An individualized program will be subject to standard review by city staff, boards, the Commission, and the public. There will be one additional public meeting with the City Affordable Housing Advisory Board (CAHAB). This meeting will review: a. project feasibility b. overall benefits and drawbacks of the project c. compliance with the affordable housing policy priority needs The CAHAB will make a recommendation to the City Commission on 7 1015 each individualized program. The Commission will make the final decision in conjunction with preliminary plat review. 4. Cash in Lieu The developer may pay a fee to the City of three times the value per lot of the lots required to be provided at reduced prices in option #1 above. Money received through the Cash in Lieu option shall be used to provide down payment assistance and dwelling units for the priority populations identified in the City’s periodic housing needs assessment and to cover administrative costs. 25% of any cash in lieu collected through this ordinance will be set aside for parkland acquisition; maintenance and enforcement of parkland development requirements after adequate administrative costs are withdrawn. F. Waiver. A developer may request a waiver from the requirements of this chapter. A waiver request must be submitted to the Community Affordable Housing Advisory Board simultaneously with application for preliminary plat subdivision review. The CAHAB will make a recommendation to the City Commission on each waiver request, which will make a final decision. 17.02.050. Cost of Housing Determining the price of a unit: The maximum sales price of a for-purchase Workforce Housing Unit will be determined annually by the Workforce Housing Administrator using the assumptions listed below. The maximum price of a house built on a workforce housing lot will be provided to the developer of the subdivision at final plat. The price of each WHU is the total price, and will include all taxes, fees, SIDs and commissions accrued in bringing the house to the point of sale. The purchaser of the WHU is responsible for payment of closing costs to secure their financing and is also responsible for payment of any SIDs created after point of sale. Pricing assumptions: In setting the maximum price of a WHU, the plan administrator will use the following assumptions: 8 1016 9 1) The Area Median Income (AMI), as of January 1st of each year, as set annually by HUD will be used to define annual income for households of 2, 3, and 4 earning 80% and 100% of AMI. 2) Gross monthly income will be calculated as annual income divided by 12. 3) The household’s monthly payment will not exceed 30% of their gross monthly income for payment of Principal, Interest, Taxes, Insurance, and Homeowner’s Association Dues. 4) 27% of the household’s monthly housing payment will be allocated toward payment of escrows for taxes, insurance, and homeowner’s association dues. 5) The interest rate will be calculated using the rate of the Montana Board of Housing’s regular bond program plus ¼% as of January 1st of each year. 6) The loan will be a 30 year, fixed rate loan. 7) Loan to value is 97%. The following table depicts the mix of dwelling unit types and the associated maximum price for units used to comply with the provisions of this chapter. Houses must be built to minimum construction standards specified by the workforce housing program administrator. Developments using condominium housing to meet the requirements of this section shall take the necessary steps during construction and shall provide the necessary covenants concerning owner occupancy requirements to assure that condominium purchases will be eligible for Fannie Mae or FHA financing. Mix and Price of Dwelling Units Total units req'd 1 2 3 4 5 6 7 8 9 10 Detach ed units require d .3 = 1 .6 = 1 .9 = 1 1.2 = 2 1.5 = 2 1.8 = 2 2.1 = 3 2.4 = 3 2.7 = 3 3 = 3 Unit # 1 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 D, HH4 2 A, HH4 A, HH4 D, HH3 D, HH3 D, HH3 D, HH3 D, HH3 D, HH3 D, HH3 3 A, HH3 A, HH4 A, HH4 A, HH4 D, HH2 D, HH2 D, HH2 D, HH2 4 A, HH3 A, HH3 A, HH3 A, HH4 A, HH4 A, HH4 A, HH4 5 *when only two units are require A, HH2 A, HH3 A, HH3 A, HH3 A, HH4 A, HH4 1017 - 10 - 6 A, HH2 A, HH3 A, HH3 A, HH3 A, HH3 7 A, HH2 A, HH2 A, HH3 A, HH3 8 A, HH2 A, HH2 A, HH3 9 d, the develo per may opt to create the two units above, or may choose , as an alterna tive, to create two (2) A, HH4 units A, HH2 A, HH2 10 A, HH2 Key: Unit Code Unit Type AMI HH pricing size Minim um # bedroo ms Minim um of baths Garage req'd Min. Lot size (sq. ft) max price D, HH4 Detach ed 100% 4 3 1+.5 1 stall 2751- 3000 D, HH3 Detach ed 100% 3 3 1+.5 1 stall 2500- 2750 D, HH2 Detach ed 100% 2 2 1+.5 1 stall 2500- 2750 A, HH4 Attach ed 80% 4 3 1+.5 1 stall 2500 A, HH3 Attach ed 80% 3 3 1+.5 1 stall 2500 A, HH2 Attach ed 80% 2 2 .75+.5 1 stall 2500 Set annuall y by WFH admini strator using the assum ptions listed in Sectio n 17.02. 050 1018 - 11 - Units required in excess of 10 will be determined using the above chart. For example, 15 units will be determined by combining the requirements for 10 and 5 units. Thirty five (35) units will be calculated using three times the ten unit requirement plus the five unit requirement. 17.02.060. Cost Offsets A one-to-one density bonus will be provided for each dwelling unit meeting the workforce housing requirements, whether on-site or through land dedication. Density of development must be such that the density bonus does not cause the individual lots to have dimensions or constructed dwellings to have characteristics which are less than minimum standards established by Title 18, BMC. A. Developers and builders may choose to take advantage of as many of the following cost offsets as are appropriate for their project, subject to any limitations listed with specific offsets: 1. The reduction of parkland for WHU shall be a 1:1 ratio based on the required square footage of the lot area. For example, if 50,000 square feet of WHU lots are required then there shall be a reduction in the required parkland area of 50,000 square feet. If the developer chooses to develop more than the required WHU lots the additional lot area square footage, above the required, shall not reduce the parkland area in excess of the required. The reduction of parkland shall be allowed for WHUs and/or lots provided offsite but only to the extent of the required WHU lot area for the development applying for this parkland offset and only applied on the site of the development applying for the parkland offset. 2. Significantly smaller minimum lot sizes are allowed for workforce dwelling units (WHUs), both detached and attached. 3. A one-to-one density bonus is available for each lot meeting the requirements of this ordinance, whether onsite or through offsite land dedication. Additional parkland does not have to be provided for housing created through this density bonus provision. 4. Builders paying WHU impact fees qualify for deferral of payment until certificate of occupancy. 5. A sliding scale of fully waived, reduced and deferred impact fees will be used for WHUs. WHUs priced for sale to households making 70% or less of AMI qualify for 100% waived impact fee. Units priced for sale to households making 71–80% AMI qualify for 50% waived impact fee and 50% impact fee payment deferred until certificate of occupancy. Units priced for sale to households making 81% to 90% AMI qualify for 25% waived impact fee and 75% impact fee payment deferred until certificate of occupancy. Units priced for sale to households at 91–100% AMI qualify for 100% impact fee payment deferred until certificate of occupancy. 6. Reduction or waiver of other City fees may be available for housing projects that are 100% affordable, according to the city definition of affordability and that are approved through the individualized program. 1019 - 12 - 7. Fast-track site plan review is allowed through use of contract planners. 8. Expedited review by all departments (planning, engineering, building, etc.) will be arranged upon request for site plans with 100% affordable housing. 9. Simultaneous infrastructure and housing construction will be permitted upon request for projects building on-site affordable housing units as specified by this ordinance, in line with UDO requirements. 10. Projects will be rewarded with optimal review time if project submittals are complete and fully meet code standards so planners/engineers/building department do not have to send the project back to applicant for more work 11. Low-interest construction loans possible for construction of workforce housing units on an as- available basis through the City’s Economic Development and Housing Revolving Loan Funds and/or through participating private lenders. 12. Zero lot line is allowed in all residential zoning districts for creation of paired town homes on two lots. This permits combination of two workforce housing units or one workforce unit and one market-rate unit. In R-1 zoning, townhouses must be comparable in size to market-rate single family homes in the subdivision and designed to look like single-family homes in regard to placement of doors, garages, and driveway. 13. WHU architectural plans available through the City will be exempt from Design Review. 17.02.070 Requirements for Workforce Housing Units (for the Builder/Developer) A. Mix. Workforce housing units (WHU) shall be a mix of two and three bedrooms, both detached and attached. There shall be a minimum of 30% detached units, with the remainder as attached units. The units shall be located throughout the subdivision. All homes must have at least one bath and a single car garage at minimum. One bedroom units and four bedroom units will be considered as WHUs as part of an individualized project. (See section in Methods of Compliance). B. Unit type The units must be similar (compatible, consistent) in exterior finish and design to other market rate units within the subdivision. (Concept is that WHUs should not be easily identifiable by someone driving through the area). C. Livability WHUs should be functionally equivalent to other market rate units, i.e. closets, patios or decks or porches, kitchens. The materials used on the interior finish may be of different quality, e.g. laminate countertops instead of tile, linoleum entry instead of tile, but durable. D. Location The location of the WHU must be identified on the preliminary and final plats. The units must be located throughout the subdivision, either individually or in small clusters. 1020 - 13 - (Concept is that units may be in small clusters, but not located in one corner/area of the subdivision). E. Timing Regarding Lots: 1) Workforce Housing Lots must be actively marketed (refer to Section 17.02.040.D) during the same period as market rate lots in the subdivision. 2) Workforce Housing Lots must provide the City of Bozeman with First Right of Refusal to purchase in the event that an actively marketed lot is not sold within 12 months of availability. 3) In the event that a lot has been actively marketed (as determined by the Workforce Housing Administrative Authority) for a period of not less than 1 year and remains unsold the City will do the following: a) Determine if the City will elect to exercise their First Right of Refusal to purchase the lot at its affordable price; b) If the City chooses not to purchase the property, the developer may sell the lot as a market rate lot. The difference between the lot’s sales price and the affordable price plus interest paid on the lot will be paid to the City’s Affordable Housing Fund when the lot closes by the title company. The deed restriction on the lot will be removed at closing as well. 4) Lots that are not actively marketed and for which building permits are not drawn within 4 years of commencement of construction of market rate units will be subject to purchase by the City at ½ the workforce housing lot price in the year final plat was received. Regarding Building on the Lots: 1) Workforce Housing Lots purchased must draw building permits within 3 years of the initial sale of the lot. 2) Workforce Housing Lots not drawing a building permit within 3 years of the initial transfer of the lot will be subject to purchase by the City of Bozeman for ½ the workforce housing lot price in the year final plat for the subdivision was received. 3) Owners of a Workforce Housing Lot unable to draw a building permit in the prescribed time may appeal to Workforce Housing Administrative Authority for a waiver to prevent sale of the lot to the City and allow for additional time to construct a Workforce Housing Unit. The request will be reviewed by the Workforce Housing Administrative Authority, who will make a recommendation to the City Commission. Final decision will be that of the City Commission. Requests for waivers must include: a) Reason for the request b) Lot owner’s proposal to build workforce housing unit and timeline F. Disclosure In addition to being designated on the plat, the location and type of WHU in a 1021 - 14 - development must be disclosed in writing by each seller of a WHU to each subsequent purchaser. 17.02.080 Occupancy Requirements: A. Owner Occupancy: WHUs must be the primary residence of the owner. A property may not be vacant for more than 30 days. B. Proof of Primary Residency: Homeowners are required to supply proof of full-time residence on an annual basis to the City. Proof must consist of bills from utility companies or any personal government mailings. If it is determined that the WHU is not being used as a primary residence, the lender will be notified. The Mortgage Lender and or its assigns, will handle this conflict according to a Rider that is attached to the Mortgage Note, which is signed by the mortgagor (applicant) at settlement of the loan. C. Allowance for Periodic Absences: Absences are allowed for sabbaticals, yearlong job transfers, military responsibilities, etc. Periodic absences are not to exceed one year or as established by Federal law. Proof of valid absence shall be required D. Renting During Periodic Absences: WHUs may be rented by the owner during an acceptable periodic absence. The homeowner may rent their home for one full year for every five years of residency. If the WHU homeowner rents their home for more than one consecutive year, this is not considered owner occupancy and the loan will be called due in full within 30 days. The homeowner must notify the city when such rentals are commenced and terminated. E. Purchase of Another Property During Residency: A homeowner is allowed to purchase other property while living in their WHU but must notify the city. F. Sustained affordability: The following measures will be applied to ensure that sustained affordability is achieved in the workforce housing: 1. Appreciation on the unit will be capped at 4.5% per year, maximum. A person purchasing a WHU will only be eligible to receive a maximum of 4.5% appreciation each year. This is the maximum appreciation allowed, not the guaranteed rate of appreciation. Purchasers will receive a maximum appreciation schedule at closing. In addition, the documented costs of major improvements necessary to maintain the good condition of the house shall be reimbursed at closing. 2. In the case of foreclosure or sale, the City of Bozeman will be granted a First Right of Refusal on the property. Any net income the City earns from the resale of the property will be dedicated to down payment assistance. Should the City not exercise this right, the lender may liquidate the property at market rate. 3. The maximum rate of appreciation will apply for the first 10 years of ownership. After 10 years of ownership, any workforce housing deed restriction on the property will be removed. If the house is sold before 10 years, the new buyer will be subject to the workforce housing eligibility requirements and a new 10 year affordability period will commence. 4. In the event of the sale of the property before ten years, appreciation of the property is calculated. If the actual appreciation of the property is less than the maximum appreciation, the 1022 - 15 - owner receives the actual appreciation (less costs). If the maximum rate of appreciation is equal to the rate of appreciation, the owner receives the maximum rate (less costs). If the actual appreciation of the property is greater than the maximum rate (4.5%), the owner receives the maximum rate (4.5%) and the difference will be allocated to the City's Workforce Housing fund 17.02.085 Buyer Qualification: Before a household may register in the lottery for the opportunity to purchase a WHU, they must meet the following requirements: A. Buyer Loan Pre-Qualification: All Program applicants must be pre-qualified upon credit evaluation (credit scores from all three credit bureaus or acceptable non-traditional scores) by a City approved lender. The applicant(s) must obtain a letter of pre-qualification from the City approved lender that is no more than 90 days old. Once the applicant is pre-approved by the Workforce Housing Program Authority and a City approved lender, they will be placed into the lottery. The applicant(s) will remain pre-qualified until selected in the lottery. Once selected, if the applicant’s pre-qualification letter is older than 90 days, the applicant will be given one week to obtain pre-qualification again. After one week, the selection lapses and new buyers are selected. If the applicant(s) letter is less than 90 days old at time of selection, the applicant(s) do not have to obtain re-qualification from a City approved lender. The city shall cooperate with the Road To Home program and local lenders to assist in maintaining the prequalified list. B. Household Income: The current total household income for the household may not exceed 120% of Area Median Income for a household or 4. For households larger than four, the income cap will be 120% for the size of that household. C. Asset Limits: The applicant must verify that they have sufficient liquidity to bridge the gap between the loan amount and the home’s purchase price; however, total liquid household assets are limited to $100,000 and non-liquid assets are limited to $150,000. Applicants are not allowed to own any other homes or residential property anywhere. This provision eliminates any applicants who own rental or investment property. D. Household Size: There will be no minimum or maximum household size limits for the Program except as defined by Local, State or Federal law. E. Residency Requirement: All applicants must be residents of or employees working in Gallatin County or demonstrate that they are moving to the area for a specific job when they apply for the Program. F. Homebuyer’s Education: Applicants must complete a homebuyer’s education program of the city’s choice. 17.02.090 Buyer Selection Process (the Lottery): A lottery system will be established by the City and/or Workforce Housing Program agency to determine a homebuyer whenever multiple qualified applicants wish to purchase the same workforce lot or home. 17.02.095 Program Review 1023 - 16 - The Workforce Housing Program established herein shall be reviewed two years after its inception and annually thereafter to determine its effectiveness and to determine if the mechanics of the program are found to impose an unreasonable burden on either the parties producing the housing or the on the parties purchasing it. “ Section 3 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 6 Effective Date. This ordinance shall be in full force and effect on August 2, 2007. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of _______________, 2007 __________________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of 1024 - 17 - Bozeman, Montana, at a regular session thereof held on the ________ day of ________________, 2007. __________________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Brey, Assistant City Manager Chris Saunders, AICP, Assistant Director SUBJECT: First Reading of Ordinance 1709, Workforce Housing Revisions to Title 18 MEETING DATE: Monday, June 18, 2007 RECOMMENDATION: The City Commission conduct its public hearing on the amendments to Title 18 Unified Development Ordinance. If the Commission chooses to adopt Ordinance 1710, then revise as needed to conform to any modified provisions in Ordinance 1710. BACKGROUND: The City has been addressing issues relating to affordable housing for over a decade. Previous efforts have been made to provide expedited review processes, reduced lot sizes, and provide funding support among other actions, see the attached listing. In 2006 the Commission directed preparation of a draft ordinance to consider making provision of affordable housing a regulatory requirement. After consideration of the initial draft a task force was appointed to further consider the issues. The task force reported back in February 2007. After further discussion regarding the recommendations of the task force, the Commission directed implementing ordinance revisions be prepared for public hearings. Ordinance 1710 was drafted to create the regulatory structure to implement the task force recommendations. Ordinance 1709 contains supporting revisions to the City’s land use regulations. The two ordinances need to be coordinated. The major edits are summarized as follows: Chapter 18.02 General Provisions - include affordable housing as a purpose of the City’s land use regulations, prohibit covenants which preclude compliance with the affordable housing requirements; Chapter 18.16 Residential Zoning Districts - reduce lot area and width requirements and increase the percentage of lot coverage allowed for qualifying housing; add townhomes as allowed uses in the R-1, R-S, and RMH zoning districts,; Chapter 18.24 Northeast Historic Mixed Use - change lot width and area requirements for qualifying housing in district; Chapter 18.34 Site Plan - add compliance with affordable housing requirements to the site plan review criteria; Chapter 18.36 Planned Unit Development - amend the design objectives and criteria for Planned Unit Developments to establish relationship between performance based affordable housing and minimum compliance with Chapter 17.02 housing; Section 18.42.030 Lots - amend required lot length to width ratios; Chapter 18.50 Park and Recreation Requirements - revise parkland requirements to allow reductions in the amount of land required to be dedicated for parks proportionally with the amount 1035 of land provided for affordable housing and restricting certain housing from requirements for parkland dedication; Chapter 18.72 Supplementary Documents - restrict private covenants from containing provisions which impede the ability to comply with affordable housing requirements; Chapter 18.78 Submittal Materials and Requirements - establish submittal requirements for subdivision and site plan applications to demonstrate compliance with affordable housing requirements; Add advisory cross references regarding applicability of affordable housing requirements in relevant locations throughout Title 18. Chapter 18.19, Urban Mixed Use district was just given final adoption on June 4th. An advisory note has been added to this chapter as part of the amendments and will take effect on day before Ordinance 1681 becomes effective. UNRESOLVED ISSUES: 1) Are the amendments as depicted consistent with Ordinance 1710 and any revisions made by the Commission. 2) Does the Commission wish to adopt the amendments as depicted in the exhibit text of Ordinance 1709 with or without changes. 3) The task force proposal is silent on the option of having the reduced lot size for an affordable home and then being able to add an Accessory Dwelling Unit. The ordinance as written allows for ADUs on affordable housing lots. Does the Commission wish to allow or prohibit ADUs on the reduced size lots? 4) The task force proposal was silent on the ability of a developer to use the reduced lot sizes for more than the minimum number of homes to comply with proposed Chapter 17.02. The ordinance as currently written would allow more than the minimum number of homes to be proposed on the reduced sized lots, but only if the entire development were required to comply with Chapter 17.02. This limits the ability to use the reduced size lots within existing developed neighborhoods. Does the Commission wish to allow or prohibit provision of more than the minimum number of lots/dwellings required by proposed Chapter 17.02. FISCAL EFFECTS: No direct fiscal effects have been identified with Ordinance 1709. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Ron Brey at rbrey@bozeman.net if you have any questions prior to the public meeting. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: First Reading Draft of Ordinance 1709 (includes all amended text as exhibits) Staff Report Affordable Housing Support Currently in Place as of June 1, 2006 Zoning Commission Minutes Zoning Commission Resolution 2 1036 STAFF REPORT WORKFORCE HOUSING TEXT AMENDMENT FILE NO. #Z-06152A #Z-06152A Workforce Housing Text Amendment Staff Report 1 Item: Text Amendment Application #Z-06152A. To revise local development regulations in Title 18, BMC to facilitate and coordinate with a new Title 17, Housing for the provision of workforce housing. Affected items include authorized uses, lot sizes, and other requirements shown in the attached text draft. Applicant: Bozeman City Commission. PO Box 1230 Bozeman, MT 59771 Date: Before the Bozeman Zoning Commission on Tuesday, June 5, 2007, at 7 p.m. in the Community Room, Gallatin County Courthouse, 311 W. Main St; and before the Bozeman City Commission on Monday, June 18, 2007 at 6 p.m., in the Community Room, Gallatin County Courthouse, 311 W. Main St. Report By: Chris Saunders, Assistant Director Recommendation: Conduct public hearing and receive public comment ____________________________________________________________________________________ PROJECT LOCATION The proposed edits are applicable throughout the legal boundaries of the City of Bozeman as a modification to the overall development regulations. Primary applicability would be to areas zoned for residential uses. In the case of protest against these changes signed by the owners of 25% or more of either of the area of the lots included in the proposed change; or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two- thirds of the present and voting members of the City Commission. PROPOSAL The Community Affordable Housing Advisory Board (CAHAB) advises the Bozeman City Commission regarding affordable housing issues. In early 2006 the CAHAB addressed the City Commission on the issue of workforce housing and presented a proposal. After discussion over several weeks, the City Commission directed the preparation of an ordinance which reflected the CAHAB proposal. The proposal was been brought forward for public comment and discussion through the ordinance review process. Subsequent to the City Commission conducting its public hearing on the proposed text revisions the City Commission appointed a task force to consider possible adjustments to the original draft. The task force reported back to the City Commission in February 2007. After further discussion, the City Commission directed its legal and planning staff to prepare ordinances for public review implementing the recommendations of the task force. 1037 The proposal has several components and affects two different titles in the municipal code. As portions of the proposal affect Title 18, Unified Development Ordinance, the proposal has been directed to the Zoning Commission for review and comment. Title 17, Housing, is outside of the purview of the Zoning Commission and is not being reviewed by them. UDO Edit Summary. The following are the primary changes to be made in Title 18, Unified Development Ordinance. Full text is in the attached chapters. Chapter 18.02 General Provisions - include affordable housing as a purpose of the City’s land use regulations; Chapter 18.16 Residential Zoning Districts - reduce lot area and width requirements and increase the percentage of lot coverage allowed for qualifying housing; add townhomes as allowed uses in the R-1, R-S, and RMH zoning districts,; Chapter 18.24 Northeast Historic Mixed Use - change lot width and area requirements for qualifying housing in district; Chapter 18.34 Site Plan - add compliance with affordable housing requirements to the site plan review criteria; Chapter 18.36 Planned Unit Development - amend the design objectives and criteria for Planned Unit Developments to establish relationship between performance based affordable housing and minimum compliance with Chapter 17.02 housing; Section 18.42.030 Lots - amend required lot length to width ratios; Chapter 18.50 Park and Recreation Requirements - revise parkland requirements to allow reductions in the amount of land required to be dedicated for parks proportionally with the amount of land provided for affordable housing and restricting certain housing from requirements for parkland dedication; Chapter 18.72 Supplementary Documents - restrict private covenants from containing provisions which impede the ability to comply with affordable housing requirements; Chapter 18.78 Submittal Materials and Requirements - establish submittal requirements for subdivision and site plan applications to demonstrate compliance with affordable housing requirements; Add advisory cross references regarding applicability of affordable housing requirements in relevant locations throughout Title 18. REVIEW CRITERIA Changes to zoning standards require evaluation of the proposed amendment with respect to the required criteria set forth in state statute in Section 76-2-304, MCA, presented as follows. A summary of staff’s evaluation follows in the discussion below. A positive response for all criteria is not required for approval. 1. Is the new zoning designed in accordance with the growth policy? The Bozeman 2020 Community Plan was developed over the period of 1999-2001, and was adopted in October 2001. Chapter Five of the growth policy addresses housing. It summarizes the number of housing units, construction by number and types, value, and other descriptive information. Section 5.1 specifically discusses housing affordability. The section notes that cost of housing increases since 1990 had materially outpaced increases in household income for both rental and for purchase housing. #Z-06152A Workforce Housing Text Amendment Staff Report 2 1038 The chapter includes goals, objectives, and policies to be pursued to address housing issues. These are listed on pages 5-13 through 5-16. Not all are specifically intended to address income-qualified affordable housing but rather apply to all housing. The City has taken several actions to help ensure an adequate supply of housing such as being active in annexation, facility planning, and continuing a diverse zoning program with emphasis on providing for attached housing. These have advanced the goals and objectives. The proposal as advanced by the task force is not specifically directed by the growth policy, nor is it prohibited. The draft changes to Chapter 18 also are responsive to goals from Chapter 6 of the growth policy which encourages the protection of existing neighborhoods and compatible infill development. The text changes limit the applicability of the area requirements to locations of new development. Some implementation policies call for specific actions. Policy 45) Conduct an affordable housing needs assessment at least every five years, and prepare and implement an affordable housing strategic plan. Policy 47) Ensure that the zoning ordinance includes both minimum and maximum residential densities. Policy 45 contains two parts. The City contracted with Bay Area Economics to conduct an assessment in 2002. The City Commission adopted a resulting affordable housing policy covering multiple aspects of housing in 2003 as Resolution 3630. Policy 47 has been implemented. 2. Is the new zoning designed to lessen congestion in the streets? The proposed edits do not address items that would impact this criteria such as street standards or parking requirements. The edits would enable a greater density of development but the additional dwellings per acre are minimal compared with the typical capacity of roadways as discussed in the City’s adopted transportation plan. 3. Will the new zoning promote health and general welfare? Health is advanced by having adequate housing. The proposed edits have to do primarily with how housing for certain income ranges is provided. 4. Will the new zoning secure safety from fire, panic and other dangers? The proposed edits do not address items that would impact this criteria such as setbacks, or availability of emergency services. 5. Will the new zoning provide adequate light and air? The edits do not alter required compliance with building codes, setbacks, or other requirements that address this criteria. The changes, especially in Chapter 18.16 do reduce the minimum area requirements per dwelling for the defined workforce housing units. Setbacks are not proposed to be reduced. #Z-06152A Workforce Housing Text Amendment Staff Report 3 1039 6. Will the new zoning prevent overcrowding of land? The proposed edits remain in keeping with standards previously found acceptable for density. Overcrowding is a subjective personal impression. The City’s development standards will ensure that adequate infrastructure is provided for the inhabitants of workforce housing. 7. Will the new zoning avoid the undue concentration of population? Opinions of what constitutes “undue” concentration of population are highly individualized. Building codes and similar development standards will ensure that the negative effects of concentrated population are mitigated. 8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools, parks, fire, police, and other public requirements? The proposed zoning does not alter the requirements to provide for these services except parks. The provision of parkland is reduced by the amount of land utilized for workforce housing lots. See the draft of Section 18.50.020. The City has a park development facility plan which establishes standards for park dedication, spacing, and other elements. The change will reduce the total number of acres of land dedicated for parks. The City has previously determined that higher density development does not need to provide a full 0.03 acres of parkland for each dwelling. The reasoning for this is that once acquired a park can service more than the minimum number of persons for which it was provided. An example is a softball diamond which can host several teams per day. The proposed change is not a fixed percentage of land but is correlated with the amount of land provided for workforce housing lots and number of dwellings affected. This is described in the draft language of Section 18.50.020 9. Does the new zoning give reasonable consideration to the character of the district? The proposed regulations specifically call for both townhouses (as defined in Section 18.80.3070) and single detached homes to be allowed in all residential zoning districts. This is a change for the R-S, R-1, and RMH residential districts. Lot size is also reduced considerably and lot coverage is increased. There is a provision in proposed Section 17.02.060.A.12 that requires attached homes in the R-1 district to be of similar size and character as detached homes. This may be challenging to provide both for reasons of timing, since final build out of market rate homes is not completed so general character may not be clearly know; and due to physical layout constraints. In the R-2, R-3, R-4, and R-O districts townhomes are already an allowed use, but lot size is reduced, and lot coverage allowed is increased. 10. Does the new zoning give reasonable consideration to the peculiar suitability of the district for particular uses? The edits are primarily applicable to residential zoning districts where they continue to allow development of housing. 11. Was the new zoning adopted with a view of conserving the value of buildings? The proposed regulatory language will apply to areas where new development is proposed. Existing buildings are not expected to be impacted unless they are condominiumized in a manner that triggers #Z-06152A Workforce Housing Text Amendment Staff Report 4 1040 Section 17.02.030, Applicability. It is not expected that these provisions would apply to infill development often since there are few parcels large enough to require compliance. 12. Does the new zoning encourage the most appropriate use of land throughout the municipality? The decision that a property is appropriate for residential use will be made on the basis of the growth policy designation. Choice of an individual zoning district will be made through the zone map amendment process. This amendment therefore will not affect this criteria. PUBLIC COMMENT No public comment has been received as of this writing. Any written comment will be forwarded at the public hearings. Conclusion Pursuant to Section 76-2-304, Montana Codes Annotated, the Zoning Commission shall review the Unified Development Ordinance text amendment application to determine if the proposed zoning change meets the requirements of the Adopted Growth Policy, state statute, and other adopted state laws and local ordinances. The Zoning Commission shall act to recommend approval or denial of the Unified Development Ordinance text amendment. The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing on June 18, 2007. The City Commission will make the final decision on the application. Attachments: Attachment A – Draft ordinance revisions Report Sent To: file #Z-06152A Workforce Housing Text Amendment Staff Report 5 1041 ORDINANCE NO. 1709 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 18 TO PROVIDE FOR STANDARDS SUPPORTING THE PROVISIONS OF AND COORDINATED WITH CHAPTER 17.02, BMC, WORKFORCE HOUSING. WHEREAS, Bozeman has had a shortage of affordable housing for very low to moderate income households for some time; and, WHEREAS, Bozeman is the only major community in the State of Montana without a Housing authority; and, WHEREAS, start up funding for Housing Authorities has not been available for many years making innovative program and regulatory approaches, with public and private cooperation, necessary to address the shortage of affordable housing; and, WHEREAS, Bozeman has attempted innovative approaches to address this shortage over the years, including: • 1979-1982 - a VISTA project to organize low income tenants of Legion Housing; • 1985-1986 - establishment of the City’s first Low-Income Housing committee and employment of a part-time housing consultant to staff it; • 1985-1986 - establishment of the first rental rehabilitation Community Development Block Grant program in Montana; • 1993-1994 - establishment of an Affordable Housing Task Force; • 1993-1994 - implementation of two Affordable Housing Task Force recommendations - committing $200,000 from the General fund to establish an Affordable Housing Fund and adopting an Accessory Dwelling Unit Ordinance; played a role in the Human Resources Development Council Land Trust from support letters to grant applications to commitment of City funds through loans or grants; • 1994 on - adoption of regulatory and process reforms including the allowance of accessory dwelling units, restricted size lot requirements, reduced size street standards, reduced setbacks, reduction in minimum apartment size, reduction in affordable housing parking requirement, and other process streamlining measures designed to reduce the cost of supplying affordable housing; • 2000 on - used a portion of Big Box economic impact mitigation fees for assistance with the provision of affordable housing; • 2002 - authorized the Community Affordable Housing Advisory board to work with a housing consultant and the MSU marketing department to document housing needs and recommend strategies for meeting those needs on an ongoing basis; • 2003 - adopted broad affordable housing strategies recommended by CAHAB and community panels. • 2005 - committed a mill to the Affordable Housing Fund; • 2006 - committed two mills to the Affordable Housing fund; and, Whereas, these efforts have not succeeded in providing an adequate amount of affordable housing in the - 1 - 1042 community; and, Whereas, this shortage of affordable housing impacts households making from 80% to 120% of the Area Median Income. Whereas, the implementation of proposed Chapter 17.02 of the Bozeman Municipal Code requires revisions to the City’s landuse regulations which are adopted through its zoning powers; and Whereas, public notice was provided of a public hearing conducted before the Zoning Commission to consider amendments to Title 18, Unified Development Ordinance to accommodate provision of affordable housing in compliance with Chapter 17.02, BMC; and Whereas, the Zoning Commission conducted its public hearing on June 5, 2006 and made recommendation to the City Commission regarding revisions to Title 18, Unified Development Ordinance; and Whereas, the City Commission received the recommendation of the Zoning Commission as part of its public hearing conducted on July 18, 2007; and Whereas, the City Commission has concluded that the revisions are in the best interests of the citizens and City of Bozeman. NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION: Section 1 That Chapter 18.02 of the Bozeman Municipal Code be amended so that it reads: See Exhibit A Section 2 That Chapter 18.16 of the Bozeman Municipal Code be amended so that it reads: See Exhibit B Section 3 That Chapter 18.18 of the Bozeman Municipal Code be amended so that it reads: See Exhibit C - 2 - 1043 Section 4 That Chapter 18.19 of the Bozeman Municipal Code be amended so that it reads: See Exhibit D Section 5 That Chapter 18.20 of the Bozeman Municipal Code be amended so that it reads: See Exhibit E Section 6 That Chapter 18.24 of the Bozeman Municipal Code be amended so that it reads: See Exhibit F Section 7 That Chapter 18.28 of the Bozeman Municipal Code be amended so that it reads: See Exhibit G Section 8 That Chapter 18.30 of the Bozeman Municipal Code be amended so that it reads: See Exhibit H Section 9 That Chapter 18.34 of the Bozeman Municipal Code be amended so that it reads: See Exhibit I Section 10 That Chapter 18.36 of the Bozeman Municipal Code be amended so that it reads: See Exhibit J Section 11 That Chapter 18.40 of the Bozeman Municipal Code be amended so that it reads: - 3 - 1044 See Exhibit K Section 12 That Chapter 18.42 of the Bozeman Municipal Code be amended so that it reads: See Exhibit L Section 13 That Chapter 18.50 of the Bozeman Municipal Code be amended so that it reads: See Exhibit M Section 14 That Chapter 18.72 of the Bozeman Municipal Code be amended so that it reads: See Exhibit N Section 15 That Chapter 18.78 of the Bozeman Municipal Code be amended so that it reads: See Exhibit O Section 16 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 17 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 18 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which - 4 - 1045 may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 19 Effective Date. This ordinance shall be in full force and effect on August 2, 2007. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of _______________, 2007 _________________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ________ day of ________________, 2007. _________________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney - 5 - 1046 Exhibit A Ordinance # 1709: Effective August 2, 2007. page 02-1 CHAPTER 18.02 GENERAL PROVISIONS 18.02.010 CITATION This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman, except when cited herein, where it shall be referred to as “this title.” 18.02.020 AUTHORITY This title is adopted by authority of §76-2-301 et seq., §76-3-101 et seq. and §7-3-701 et seq., MCA. Additional City authority is granted by various other sections of state law and the authority granted by those sections is incorporated as if set forth herein. 18.02.030 JURISDICTIONAL AREA AND APPLICATION These regulations govern the division, development and use of land within the limits of the City of Bozeman and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all private and public lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution and laws of the State of Montana or pursuant to the City’s powers. 18.02.040 INTENT AND PURPOSE OF ORDINANCE A. The intent of this unified development ordinance is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the City’s adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare by: preventing the creation of private or public nuisances caused by non-compliance with the standards and procedures of this title; require the provision of affordable housing, regulating the subdivision, development and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; to require development in harmony with the natural environment; to promote preservation of open space; to promote development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; to protect the rights of property owners; to require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; secure safety from fire, panic and other dangers; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools and other public requirements; to give reasonable consideration in the review of development proposals to the character of the district and its peculiar suitability for particular uses; to conserve the value of buildings; and to encourage the most appropriate use of land throughout the municipality. (§76-2-304 and §76-3-102, MCA). C. Further, to support the purposes of §76-2-304 and §76-3-102, MCA, these regulations are intended to promote and to provide for the: 1. Orderly development of the City; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements; 4. Improvement of streets; 1047 Exhibit A Ordinance # 1709: Effective August 2, 2007. page 02-2 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Avoidance or minimization of congestion; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development in harmony with the natural environment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the City into districts with uniformly applicable standards for development within each district; 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the purposes of this title. D. Pursuant to §76-2-304, §76-1-605 and §76-1-606, MCA, these regulations are also intended to implement the goals and objectives of the Bozeman 2020 Community Plan, a growth policy for the City of Bozeman. In the case of a difference of meaning or implication between this title and the City’s adopted growth policy, the growth policy shall control. 18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the health, safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this title, the most restrictive requirements, or that imposing the higher standards, shall govern. B. In the case of a difference of meaning or implication between the text of this title and the captions or headings for each section, the text shall control. C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together. D. These regulations shall apply uniformly within each zoning district to each class or kind of structure, land or development as set forth in this title. 18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or plan is to be considered a grant to the donee. 18.02.070 CONDITIONS OF APPROVAL A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police 1048 Exhibit A Ordinance # 1709: Effective August 2, 2007. page 02-3 power delegated by the State of Montana to the City. Persons undertaking the subdivision, development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this title. B. Conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless: 1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and 2. The project is not completed within the time period provided in the approval or by this title. However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of §18.06.040.D.7 may also apply to revisions of conditions for preliminary plats. C. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the limitations of subsection B of this section. 18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the City Commission upon review of the development review committee and other review bodies as may be required by this title. 18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS If a proposed development lies partly within the City of Bozeman and partly within unincorporated Gallatin County, the proposed development must be submitted to and approved by both the City and Gallatin County. 18.02.100 PRIVATE RESTRICTIONS This title is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this title is more restrictive or imposes a higher standard than any such private restriction, the requirements of this title shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this title, the City has no duty to enforce such private restrictions or advise of their existence. The City may enforce a private restriction if the City is a party to such covenant or restriction, if such restriction was required by the City, or if it was relied upon by the City during the land development process in order to meet the requirements of this title or another required standard. The City may prohibit private restrictions that violate matters of law or compliance with the provisions of this title. Covenants are subject to the requirements of §18.72.030, BMC. 1049 Exhibit A Ordinance # 1709: Effective August 2, 2007. page 02-4 18.02.110 SEVERABILITY Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify this title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other local law, these regulations shall be controlling, and if any other law is more restrictive, the higher standard shall take precedence over a standard set forth in these regulations. 1050 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-1 CHAPTER 18.16 RESIDENTIAL ZONING DISTRICTS 18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to §18.02.050, BMC. A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space, resource protection and primarily single-household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned Unit Development, and shall be developed in compliance with the adopted Bozeman growth policy. B. The intent of the R-1, Residential Single-household, Low Density district is to provide for primarily single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area’s residents while respecting the residential character and quality of the area. C. The intent of the R-2, Residential Two-household, Medium Density district is to provide for one- and two-household residential development at urban densities within the City in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. D. 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. E. The intent of the R-4, Residential High Density district is to provide for high-density residential development through a variety of housing types within the City with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community’s residents. The net density, as defined in Chapter 18.80, BMC, for new developments shall be 8 dwellings per acre or greater. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. F. The intent of the R-O, Residential-Office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 1051 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-2 G. The intent of the RMH, Residential Manufactured Home Community district is to provide for manufactured home community development and directly related complementary uses within the City at a density and character compatible with adjacent development. The district is intended to be residential in character and consistent with the standards for other forms of residential development permitted by this title. 18.16.020 AUTHORIZED USES A. Uses in the various residential districts are depicted in the table below. Principal uses are indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A” and uses which are not permitted with the district are indicated by a “-”. B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC. Table 16-1 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units C C P P P P - Agricultural uses on 2.5 acres or more2 P - - - - - - Agricultural uses on less than 2.5 acres2 C - - - - - - Apartments/Apartment Building, as defined in Chapter 18.80 - - - - P P - Assisted living/elderly care facilities - - - C C P - Bed and breakfast C - C C P P - Commercial stable C - - - - - - Community centers C C C C C P C Community residential facilities (with more than four residents) C C C P P P C Cooperative housing C C C P P P C Day care centers C C C P P P C Essential services (Type I) P P P P P P P Essential services (Type II) C - - - - - C Extended stay lodgings - - - - P P - Family day care home P P P P P P P Fences A A A A A A A Fraternity and sorority houses - - - C P P - Golf courses C C C - - - C Greenhouses A A A A A A - Group day care home P P P P P P P Guesthouses A A A A A A - 1052 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-3 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Home based businesses5 A/C A/C A/C A/C A/C A/C A/C Lodging houses - - - C P P - Offices - - - - C3 P - Other buildings and structures typically accessory to authorized uses A A A A A A A Private garages A A A A A A A Private or jointly owned community center or recreational facilities A A A A A A A Private storm water control facilities A A A A A A A Private vehicle and boat storage A A A A A A A/C4 Public and private parks P P P P P P P Manufactured homes on permanent foundations1 P P P P P P P Manufactured home communities - - - - - - P Medical offices, clinics, and centers - - - - C P - Recreational vehicle parks C - - - - - P Signs, subject to Chapter 18.52, BMC A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards incidental to construction work A A A A A A A Temporary sales and office buildings A A A A A A A Three- or four-household dwelling - - - P P P - Two-household dwelling - - P P P P - Townhouses (two attached units) P7- P7- P P P P P7- Townhouses (five attached units or less) - - - P6 P P - Townhouses (more than five attached units) - - - - P P - Tool sheds for storage of domestic supplies A A A A A A A Uses approved as part of a PUD per Chapter 18.36, BMC C C C C C C C Veterinary uses C - - - - - - Notes: 1Manufactured homes are subject to the standards of §18.40.130, BMC. 2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the requirements of this section. 3Only when in conjunction with dwellings. 1053 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-4 4Storage for more than three recreational vehicles or boats. 5Home based businesses are subject to the terms and thresholds of §18.40.110, BMC. 6In the R-3 district, townhouse groups shall not exceed 120 feet in total width 7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of Title 17, Chapter 2, BMC, Affordable Housing. May only be utilized in developments subject to Chapter 17.02, 18.16.030 LOT COVERAGE AND FLOOR AREA A. Maximum lot coverage by principal and accessory buildings shall be: 1. For newly created lots in the R-S district, determined through the PUD review procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman growth policy. a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be covered by principal and accessory buildings. 2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts. 3. Not more than 50 percent in the R-4 district. 4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed uses in the R-O district. 5. In all residential zoning districts for those lots used to satisfy the requirements of Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by principal and accessory buildings. When a larger lot has a portion of its total dwellings subject to the requirements of Chapter 17.02, BMC, either directly or inherited from an previous subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal and accessory buildings. B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s adopted International Building Code. C. The total floor area of the unit built on a lot subject to the provisions of §18.42.180, Provision of Affordable HousingRestricted Size Lots and Units, (excluding area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of lot area. 18.16.040 LOT AREA AND WIDTH A. All lots shall have a minimum area as set forth in the table below and are cumulative. These minimums assume a lack of development constraints: Table 16-2 Lot Area Minimum Lot Area in Square Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See Paragraph C below 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 Single-household dwelling (only for dwellings to satisfy requirements of Chapter 17.02, BMC)7 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Two-household dwelling - - 6,000 6,000 6,000 6,000 - Two-household dwelling (only for dwellings to satisfy requirements of Chapter 17.02, BMC)7 - - 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four-household dwelling configurations - - - 3,000 3,000 3,000 - 1054 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-5 Lot Area Minimum Lot Area in Square Feet R-S R-1 R-2 R-3 R-4 R-O RMH Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to satisfy requirements of Chapter 17.02, BMC)7 - - - 2,500 2,500 2,500 - Townhouses - - 3,0006 3,0002 3,0002 3,0002 - Townhouses (only for dwellings to satisfy requirements of Chapter 17.02, BMC) 7 2,500 2,500 2,500 2,500 2,500 2,500 2,500 Apartments - first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after the first - - - - 1,200 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy requirements of Chapter 17.02, BMC) 7 - - - - 900 900 - Additional area required for an accessory dwelling unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 - All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 Notes: 1In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots, parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet. 3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC. 4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC. 6Per townhouse lot. 7May only be utilized in developments subject to Chapter 17.02, BMC. B. All lots shall have a minimum width as set forth in the table below. These minimums assume a lack of development constraints Table 16-3 Lot Width Table Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Single-household dwelling See Paragraph C below 50 50 50 50 50 50 Single-household dwelling (only for dwellings to satisfy requirements of Chapter 17.02, BMC) See Paragraph C below 30 30 30 30 30 30 Two household dwelling - - 60 60 50 50 - Accessory dwelling unit1 50 50 60 60 60 60 - Dwellings in three- or four-household dwelling configurations - - - 60 60 60 - Townhouses -30 -30 30 Width of interior units Width of interior units Width of interior units - All other uses See Paragraph C below 50 50 50 50 50 50 1055 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-6 Notes: 1Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC. C. Lot Area and Width for R-S, Residential Suburban Lots. 1. Lot area and width for newly created lots in R-S districts shall be determined through the PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the adopted Bozeman growth policy. Unless otherwise approved through the planned unit development process, the average lot size shall be one acre. 2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a community water and/or sewer system shall be considered nonconforming lots if less than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC. D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in §18.36.090.E.2.b(6), BMC. E. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they shall be developed in combination adequate to meet the width requirements of subsections A and B of this section. 18.16.050 YARDS A. 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 a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet 3. Side yard - 5 feet; or 0 feet for interior walls of townhouses. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. B. Minimum yards required for the R-S district are: 1. For lots created in the R-S district prior to the effective date of these regulations: a. Front yard - 35 feet b. Rear yard - 25 feet c. Side yard - 25 feet 2. Minimum yard requirements for newly created R-S lots shall be determined through the PUD review process. 3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet from any residence or public road and not less than 50 feet from any property line. 1056 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-7 C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be provided. D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and §18.48.100, BMC. 18.16.060 BUILDING HEIGHT Maximum building height for each residential district shall be as follows: Table 16-4 Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH Less than 3:12 24 24 24 32 34 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 42 32 Equal to or greater than 9:12 38 36 36 42 44 44 36 18.16.070 RESIDENTIAL GARAGES Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the following characteristics: A. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the dwelling containing the main entry; and/or C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall include all wall areas parallel to the garage door(s). Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged when they are compatible with the existing neighborhood development pattern. Vehicular garage access on non-principal facades and/or alleys is also encouraged. 18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS Development of any parcel of land within the RMH district shall be subject to all applicable requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC, Development Standards, including, but not limited to, fences, parking, signs, landscaping and home occupations. In addition, manufactured home communities will be subject to the following general requirements: A. Minimum Area for Manufactured Home Community District. 1. The minimum total RMH district area shall be no less than 10 acres unless the applicant can show that the minimum area requirements should be waived because the waiver would be in the public interest and that one or both of the following conditions exist: a. Unusual physical features of the property itself or of the surrounding area such that development under the standard provisions of this title would not be 1057 Exhibit B Ordinance # 1709: Effective August 2, 2007. page 16-8 appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community; or b. The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area. 2. Waiver of the 10 acre minimum may only be granted by the City Commission. 1058 Exhibit C Ordinance # 1709: Effective August 2, 2007. page 18-1 CHAPTER 18.18 COMMERCIAL ZONING DISTRICTS 18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS The intent and purposes of the commercial zoning districts are to establish areas within Bozeman that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development scale and pedestrian orientation are important elements of this district. B. 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. C. The intent of the B-3 central business district is to provide a central area for the community’s business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. 1. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the “core area” of Bozeman’s central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above defined core. 18.18.020 AUTHORIZED USES A. Uses in the various commercial districts are depicted in the table below. Principal uses are indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”, and uses which are not permitted within the district are indicated by a “-”. A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Additional uses for telecommunications are established in Chapter 18.54, BMC. 1059 Exhibit C Ordinance # 1709: Effective August 2, 2007. page 18-2 Table 18-1 Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Ambulance service - P P Apartments and Apartment buildings6, as defined in this title P P 1/C P 3 Arts and entertainment center, as defined in this title P P P Assisted living/elderly care facilities - C - Automobile fuel sales or repair, as defined in this title C C C Automobile parking lot or garage (public or private) P P P Automobile washing establishment C P C Banks and other financial institutions P P P Business, technical or vocational school - C P 3 Bus terminals - C C Community centers P P P 3 Convenience uses C P C Convenience use restaurant P P P Day care centers P P P Essential services (Type I) P P P Essential services (Type II) - C C Extended- stay lodgings - P P Food processing facilities - C - Frozen food storage and locker rental - P - Health and exercise establishments P 1/C P P Hospitals - P C Hotel or motel - P P Laboratories, research and diagnostic - P P 3 Laundry, dry cleaning - C C Light goods repair, as defined in this title - C - Lodging houses - C C 3 Manufacturing, light and completely indoors - C - Mortuary - C C 1060 Exhibit C Ordinance # 1709: Effective August 2, 2007. page 18-3 Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Museum - C C Medical and dental clinics P 1/C P P Meeting hall - P P Offices, as defined in this title P 1/C P P 3 Other buildings and structures typically accessory to permitted uses A A A Parking facilities P P P3 Personal and convenience services, as defined in this title P P P Pet grooming shop P P P Printing offices and publishing establishments - - C Private club, fraternity, sorority or lodge - P P Public buildings P P P Refuse and recycling containers A A A Research laboratories - P P Restaurants P5 P P Retail uses, as defined in this title P 2 P 2 P 2 Retail, large scale - P - Sales of alcohol for on-premise consumption C C C Sign paint shops (not including neon sign fabrication) - P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) - P P 3 Veterinary clinic - C - Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities which are sold on the premises - C - Wholesale establishments that use samples, but do not stock on premises - P P Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of Chapter 18.36, BMC C C C Notes: 1When located on the second or subsequent floor, or basement as defined in Chapter 18.80, BMC. 2Excluding adult businesses, and large scale retail, as they are defined in Chapter 18.80, BMC. 3Except on ground floor in the core area as defined in this chapter. 4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this chapter. 5Exclusive of drive-ins. 1061 Exhibit C Ordinance # 1709: Effective August 2, 2007. page 18-4 6May be subject to the provisions of Chapter 17.02, BMC 18.18.030 LOT COVERAGE AND FLOOR AREA A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC. B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s adopted International Building Code. 18.18.040 LOT AREA AND WIDTH A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. B-1 - 5,000 square feet 2. B-2 - No minimum size 3. B-3 - No minimum size B. Lot width for all newly created lots shall not be less than: 1. B-1 - 50 feet 2. B-2 - 100 feet, except in Conservation Overlay District shall have no minimum width 3. B-3 - No minimum width C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they shall be developed in combination adequate to meet the width and area requirements of subsections B.1 through 3. 18.18.050 YARDS A. 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, BMC) 2. Parking and loading areas: Front yard – 25 feet Rear yard – 10 feet Side yards – 8 feet 3. The purpose of differentiated yard setback requirements is to encourage the placement and development of buildings in a manner to address the street and adjacent pedestrian activity and encourage a vigorous and diverse streetscape. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. 5. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a 7-foot front yard shall be required on Mendenhall and Babcock Streets. 1062 Exhibit C Ordinance # 1709: Effective August 2, 2007. page 18-5 2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes the minimum yards established in Section 18.18.050.A shall be required. 3. Rear and side yards adjacent to alleys shall be at least five feet. C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100, and §18.48.100 BMC, when applicable. 18.18.060 BUILDING HEIGHT Maximum building height for each commercial district shall be as follows: A. In the B-1 district: 1. Roof pitch less than 3:12 – 34 feet 2. Roof pitch 3:12 or greater – 38 feet B. In the B-2 district: 1. Roof pitch less than 3:12 – 38 feet 2. Roof pitch 3:12 or greater – 44 feet 3. Maximum height allowed by 1 and 2 above may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementing a Regional Commercial and Services growth policy land use designation. 4. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. C. In the B-3 district: 1. In the B-3 district core area – 55 feet 2. In the B-3 district outside of the core area – 70 feet 1063 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-1 CHAPTER 18.19 URBAN MIXED-USE ZONING DISTRICT 18.19.010 INTENT AND PURPOSE OF URBAN MIXED-USE ZONING DISTRICT. The intent and purposes of the Urban Mixed-Use (“UMU”) district is to establish areas within Bozeman that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to adjoining zoning districts when the standards of Title 18 are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. It is the further the intent of this district to: 1. Allow a mixture of complimentary land uses which encourages mixed-uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; 2. Foster the development of vertically oriented mixed-uses, in contrast to single use development distributed along high vehicle capacity roadways; 3. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; 4. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; 5. Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; 6. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, and on-street parking; 7. Provide roadway and pedestrian connections to residential areas; 8. Provide transitions between high-traffic streets and adjacent residential neighborhoods; 9. Encourage efficient land use by facilitating compact, high-density, multi-story development and minimizing the amount of land that is needed for surface parking; 10. Facilitate development (land use mix, density and design) that supports public transit, where applicable; 11. Provide appropriate locations and design standards for automobile and truck-dependent uses; 12. Maintain mobility along traffic corridors while supporting the creation of “places” or centers which will create lasting and enduring, long-term value to the community; 1064 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-2 13. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; 14. Minimize parking lots through shared uses of mixed-uses; 15. Create central urban gathering places such as community squares or plazas; and 16. Facilitate designs of each mixed-use to help ensure long-term financial viability of each mixed-use; 17. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and 18. To encourage and support the use of sustainable building practices. B. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors, that is at the intersections of two arterials, or less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use. 18.19.020 AUTHORIZED USES. A. Uses in the Urban Mixed-Use district are depicted in the table below. Principal uses are indicated with a “P,” conditional uses are indicated with a “C,” accessory uses are indicated with an “A,” and uses which are not permitted within the district are indicated by a “-.” A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Additional uses for telecommunications are established in Chapter 18.54, BMC. D. Mixed Uses Required And Limited. 1. Development shall include a mix of uses. 2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A combination of at least two different groups of uses shall be provided within each site plan. 3. No use group shall exceed 70% of the total gross building floor area in the entire site development, multiple buildings may be shown on a single site plan as allowed in Chapter 18.34. 4. The ground level gross building area shall be at least 75% non-residential in use. 5. Residential uses shall be provided in all mixed-use developments, and shall occupy not less than 20% of the total gross building floor area of the district. 6. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shall be utilized. 1065 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-3 TABLE 19-1 TABLE OF COMMERCIAL USES AUTHORIZED USES Ambulance Service P Apartments and Apartment Buildings1 (as defined in this Title) P Arts and Entertainment Center (as defined in this Title) P Assisted Living/Elderly Care Facilities P Automobile Fuel Sales or Repair (as defined in this Title) C Automobile Parking Lot or Garage (public or private) P Automobile Washing Establishment C Banks and Other Financial Institutions P Business, Technical or Vocational School P Bus Terminals C Community Centers P Convenience Uses C Convenience Use Restaurant P Essential Services (Type II) C Extended-Stay Lodgings P Health and Exercise Establishments P Hospitals P Hotel or Motel P Laboratories, Research and Diagnostic P Laundry, Dry Cleaning P Light Goods Repair (as defined in this Title) P Lodging Houses P Manufacturing (light and completely indoors) P Mortuary C Museum P Medical and Dental Clinics P 1066 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-4 TABLE OF COMMERCIAL USES AUTHORIZED USES Meeting Hall P Offices (as defined in this Title) P Other Buildings & Structures (typically accessory to permitted uses) A Parking Facilities P Personal and Convenience Services (as defined in this Title) P Pet Grooming Shop P Printing Offices and Publishing Establishments C Private Club, Fraternity, Sorority or Lodge P Public Buildings P Refuse and Recycling Containers A Research Laboratories P Restaurants P Retail Uses (as defined in this Title) P* Retail (large scale) C Sales of Alcohol for On-Premise Consumption – No gaming allowed C Sign Paint Shops (not including neon sign fabrication) C Upholstery Shops (excluding onsite upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) P Veterinary Clinic P Wholesale Distributors With On-Premise Retail Outlets (providing warehousing is limited to commodities which are sold on the premises) P Wholesale Establishments (ones that use samples, but do not stock on premises) P Any Use, Except Adult Businesses and Casinos Approved as Part of a Planned Unit Development Subject to the Provisions of Chapter 18.36, BMC C Notes: *Excluding adult business, and large scale retail, as they are defined in Chapter 18.80, BMC - 1 May be subject to the provisions of Chapter 17.02, BMC. 18.19.030 LOT COVERAGE AND FLOOR AREA. A. In the UMU district, the entire lot, exclusive of the required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking requirements to be met by shared and off-site parking, as allowed by Chapter 18.46, BMC. B. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet. 1067 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-5 C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s adopted International Building Code. D. All development shall provide a minimum floor area ratio of not less than 0.75. “Floor area ratio” is the ratio attained by dividing the gross square feet of building by gross land area of the lot(s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 18.19.040 LOT AREA AND WIDTH. A. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the UMU district there is no minimum size for newly created lots. B. There is no minimum width for newly created lots within the UMU district. 18.19.050 YARDS. A. Minimum Yards. No minimum yards are required for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. B. Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum required separation from the property line. C. Special Yard Requirements. All yards shall be subject to the provisions of §18.30.060 Design Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height Encroachments, Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street Vision Triangle, and §18.48.100 General Maintenance, BMC, when applicable. 18.19.060 BUILDING HEIGHT. A. Minimum building height is three stories and 32 feet. To comply with this standard the space being claimed as a story must be capable of being occupied for human use and have a floor area of not less than 50% of the ground level story. B. Maximum building height, except as allowed under §18.19.060.C, BMC for the UMU district shall be 55 feet. C. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per §18.19.070.E.2, BMC and when determined to be in compliance with the review criteria of §18.34.090, BMC. 18.19.070 SPECIAL STANDARDS. A. A UMU district is anticipated to generally be not less than 20 acres in area. The City Commission may approve a lesser area of not less than 10 acres upon finding; that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district shall be surrounded by perimeter streets unless precluded by topography. C. All development within the Urban Mixed-Use district, regardless of location within the City, shall conform to Chapters 1 through 4 of the Design Objectives Plan established in Chapter 18.30. In the event of a conflict between the Design Objectives Plan and the standards of this chapter the standards of this chapter shall govern. 1068 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-6 D. Landscaping requirements shall be the same as the portion of the B-3 district outside the defined core area as shown in §18.48.060, Table 48-1, BMC. E. Special Parking Standards. 1. Maximum Surface Parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development shall not exceed 100% of the minimum parking requirement for the subject land use(s) based upon the requirements of Chapter 18.46, BMC. The UMU district may utilize the parking reductions authorized in §18.46.040.B.3.a, BMC. In determining the 100% requirement all qualifying reductions shall be included. b. Exemptions to §18.19.070.D.1.a, BMC to allow unstructured surface parking up to 100% of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured Parking Incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per §18.19.060, BMC. 3. Bicycle Parking. Covered bicycle parking shall be provided. The covered spaces shall be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor vehicle parking provided on-site. E. Building Standards. 1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings greater than three stories and located within 50 feet of another zoning district, not including width of streets, shall have a stepped façade on the side facing the other district. The portion of the façade in excess of three stories shall be stepped back not less than 25% of the height of the initial three stories. Where applicable, cornices (e.g., building tops, or first-story cornices) shall be aligned to generally match the height(s) of those on adjacent buildings. 2. Floor-to-Floor Heights and Floor Area of Ground-floor Space. a. All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 12 feet. b. All commercial floor space provided on the ground floor of a mixed-use building shall contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with 50 feet of street frontage or more. 3. In the UMU district buildings shall provide transparency along at least 50% percent of the linear length of the building’s façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into retail, office, 1069 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-7 or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this paragraph may not be more than 4 feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets shall have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human scaled appearance on the story adjacent to the sidewalk. Parking areas may not be used to meet the frontage requirement of Section 18.19.050.B, BMC. 5. Buildings shall be articulated with modules, architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human scale. F. Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian- scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this title, may be approved through site development review. G. Natural Surveillance. The proposed site layout, building, and landscape design promote natural surveillance of the area by employees, visitors, and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided, except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized. H. Public Spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscaping, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate at least three distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of Chapter 18.50, BMC. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups, d. Provide for multiple types of activities without conflicting; 1070 Exhibit D Ordinance #1681 and 1709: Effective August 3 and 2, 2007 page 19-8 e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. 1071 Exhibit E Ordinance # 1709: Effective August 2, 2007. page 20-1 CHAPTER 18.20 INDUSTRIAL ZONING DISTRICTS 18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS The intent and purposes of the industrial zoning districts is to establish areas within Bozeman that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this title are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. The intent of the M-1 light manufacturing district is to provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. B. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of Bozeman residents. C. The intent of the B-P business park district is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required. 18.20.020 AUTHORIZED USES A. Uses in the various industrial districts are depicted in the table below. Principal uses are indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”, and uses which are not permitted with the district are indicated by a “-”. A particular proposed development may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and are defined in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Additional telecommunication uses are established in Chapter 18.54, BMC. Table 20-1 Table of Industrial Uses Permitted Uses BP M-1 M-2 Adult business1 - P1 P1 Ambulance service - P P Amusement and recreational facilities - P C 1072 Exhibit E Ordinance # 1709: Effective August 2, 2007. page 20-2 Table of Industrial Uses Permitted Uses BP M-1 M-2 Animal shelters - C C Automobile, boat or recreational vehicle sales, service and/or rental - P P Automobile fuel sale or repair, as defined in this title - P P Automobile parking lot or garage (public or private) P/A2 P/A2 P/A2 Automobile washing establishment - P P Banks and other financial institutions C P C Community center, as defined in this title P P P Day care center C/A3 C/A3 C/A3 Food processing facility - P P Essential services (Type I) P P P Essential services (Type II) C C P Fences A A A Health and exercise establishments C P P Hospitals P - - Hotel or motel - P P Junk salvage or automobile reduction/salvage yards - - C Laboratories, research and diagnostic P P P Light goods repair, as defined in this title - P P Manufacturing, light P4 P4 P Manufacturing or industrial uses of all types if in compliance with all provisions of this title unless otherwise stated in this section. - - P Medical clinics P P P Offices, as defined in this title P5 P P Other buildings and structures typically accessory to permitted uses A A A Outside storage -/A6 P/A6 P/A6 Personal and convenience services, as defined in this title - C C Personnel service facilities providing services, education, food and convenience goods primarily for those personnel employed in the principal use A A A Production manufacturing and generation facilities (electric and gas) - - C Public buildings P P P Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less A A A 1073 Exhibit E Ordinance # 1709: Effective August 2, 2007. page 20-3 Table of Industrial Uses Permitted Uses BP M-1 M-2 Residential use which is clearly accessory to the operation of a permitted principal or conditional use7, 11 - A7, 11 A7, 11 Restaurant8 - P8 P8 Restaurants serving alcoholic beverages9 - C9 C9 Refuse and recycling containers A A A Retail establishments other than principal uses listed in this section - C C Signs10 A A A Solid waste transfer station - - C Temporary buildings and yards incidental to on-going construction work A A A Truck, bus and rail terminal facilities - P P Truck repair, washing, and fueling facilities - C P Technology research establishments P P P Trade schools - P P Veterinary clinics P P P Warehousing - P P Warehousing, residential storage (mini warehousing) - P P Any use, except casinos and retail, large scale, approved as part of a planned unit development subject to the provisions of Chapter 18.36, BMC C C C 1Subject to the requirements of §18.40, BMC. 2As required by this title and meeting the standards of this title. 3If primarily offering services to a single business or group of businesses within the same building or building complex. 4Completely enclosed within a building. 5Professional and business offices only. 6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least 6 feet in height. 7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or subsequent floor. 8Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 9Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. 10Subject to the requirements of Chapter 18.52, BMC. 11May be subject to the provisions of Chapter 17.02, BMC 1074 Exhibit E Ordinance # 1709: Effective August 2, 2007. page 20-4 18.20.030 LOT COVERAGE AND FLOOR AREA A. In the M-1 and M-2 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC. B. In the B-P district, not more than 60 percent of the total lot area shall be occupied by impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as defined in this title. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s adopted International Building Code. 18.20.040 LOT AREA AND WIDTH A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. In the M-1 district - 7,500 square feet 2. In the M-2 district - No minimum area 3. In the B-P district - 43,560 square feet B. Lot width for all newly created lots shall not be less than: 1. In the M-1 district - 75 feet 2. In the M-2 district - 100 feet 3. In the B-P district - 150 feet C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they shall be developed in combination adequate to meet the width and area requirements of this section. 18.20.050 YARDS A. Minimum yards required for the M-1 and M-2 districts are: 1. Structures (unless otherwise permitted by this title): a. Front yard – 20 feet b. Rear yard – 3 feet c. Side yards – 3 feet (except zero lot lines as allowed by §18.38.060, BMC) 2. Parking and loading areas: a. Front yard – 20 feet b. Rear yard – 0 feet c. Side yards – 0 feet 3. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-P district are: 1. Front yard – 25 feet 2. Rear yard – 20 feet 3. Side yards – 15 feet (except zero lot lines as allowed by section §18.38.060, BMC) 4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear and side yard requirements shall be increased 3 feet for each additional 5,000 square feet 1075 Exhibit E Ordinance # 1709: Effective August 2, 2007. page 20-5 over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40 feet for rear and side yards and 50 feet for front yards. 5. Rear and side yards adjacent to alleys shall be at least five feet. C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100, and §18.48.100 BMC, when applicable. 18.20.060 BUILDING HEIGHT Maximum building height for each industrial district shall be as follows: A. In the M-1 and M-2 districts – 45 feet B. In the B-P district: 1. Roof pitch less than 3:12 – 38 feet 2. Roof pitch 3:12 or greater – 44 feet 3. Maximum height otherwise allowed by 1 and 2 above may be increased by up to a maximum of 50 percent when the B-P zoning district is implementing a Regional Commercial and Services growth policy land use designation. 4. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 1076 Exhibit F Ordinance # 1709: Effective August 2, 2007. page 24-1 CHAPTER 18.24 NORTHEAST HISTORIC MIXED USE DISTRICT 18.24.010 INTENT AND PURPOSE The intent of the Northeast Historic Mixed Use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in Bozeman and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case by case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are deliberately not as high as those elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Nothing in this chapter shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. 18.24.020 AUTHORIZED USES Authorized uses for the Northeast HMU district are as follows: (Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC) A. Principal uses: Those principal uses allowed in the R-2 and M-1 districts. Restaurants, 1,500 square feet or less. B. Conditional uses: Those conditional uses allowed in the R-2 and M-1 districts, except adult businesses and casinos. Any use, except adult businesses, casinos and large scale retail approved as part of a planned unit development subject to the provisions of Chapter 18.36, BMC. C. Accessory uses: Those accessory uses allowed in R-2 and M-1 districts. 18.24.030 LOT AREA AND WIDTH A. Lot area for the Northeast HMU district shall not be less than 5,000 square feet, except as allowed in subsection C, and the lot area shall provide all required yard areas and off-street parking and loading B. and nNo lot width shall be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the requirements of Chapter 17.02 may be not less than 30 feet. and the lot area shall provide all required yard areas and off-street parking and loading. C. Lot area per dwelling shall not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of Chapter 17.02, BMC shall not be less than 3,000 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling. D. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they shall be developed in combination adequate to meet the width requirements of this section. 1077 Exhibit F Ordinance # 1709: Effective August 2, 2007. page 24-2 18.24.040 LOT COVERAGE AND FLOOR AREA A. In the Northeast HMU district, not more than: 1. Forty percent of the lot area shall be occupied by the principal and accessory buildings for principally residential uses; or 2. The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings for principally nonresidential uses. B. All dwelling units shall meet the minimum floor area requirements of the City’s adopted International Building Code. 18.24.050 YARDS A. Every lot in the Northeast HMU district shall have the following minimum yards: 1. Front yard - 20 feet 2. Rear yard - 3 feet, for structures only 3. Side yards - 3 feet, for structures only B. Rear or side yards adjacent to alleys shall be at least 5 feet. C. All yards shall be subject to the provisions of §18.38.060, §18.42.100 and §18.44.100, BMC, when applicable. 18.24.060 BUILDING HEIGHT Maximum building height in the Northeast HMU district shall be 45 feet. 18.24.070 RESIDENTIAL GARAGES For residential uses only, attached garages shall not obscure the entrance to the dwelling. Attached garages are encouraged to be clearly subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: A. The principal facade of the dwelling has been emphasized through the use of architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non-garage portion of the residence is visually dominant; B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the dwelling containing the main entry; and/or C. The area of the garage vehicle door(s) comprise 20 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Alternative means of addressing the intent of this section will be considered. Detached garages are encouraged. Vehicular garage access on non-principal facades and/or alleys is also encouraged. 18.24.080 SPECIAL STANDARDS AND REQUIREMENTS A. The requirements for landscape buffering for residential adjacency required by Chapter 18.48, BMC are not applicable in the Northeast HMU. B. All necessary screening or other buffering that is determined to be necessary between adjoining uses shall be the responsibility of the use that is established last in time. C. When a lot is adjacent to or across the street from a residential zoning district, the yard requirements shall be the same as the adjoining zone and buildings shall be screened with either a decorative fence or plantings. The provisions of R-S shall be interpreted as those of R-1. 1078 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-1 CHAPTER 18.28 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT 18.28.010 INTENT AND PURPOSE A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review. The recommendations of the Design Review Board or Administrative Design Review staff shall be given careful consideration in the final action of the Planning Director or City Commission. B. This chapter defines and sets forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with Chapter 18.76, BMC. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this chapter, in accordance with Chapter 18.66, BMC. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, the construction, development pattern and range of uses is highly diverse and frequently not in compliance with conventional regulatory requirements. This chapter recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This chapter sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of Bozeman citizens. It will be the policy and responsibility of the administrative entities of this chapter to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; 1079 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-2 c. Are unique or irreplaceable assets to the City and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the City, increase economic and financial benefits to the City and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of Bozeman’s history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of Bozeman’s heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including but not limited to: lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with Chapter 18.76, BMC, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this chapter, in accordance with Chapter 18.66, BMC. 18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS It is intended that the Design Review Board and Administrative Design Review staff will review and make recommendations to the City Commission or Planning Director regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteristics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. In carrying out this mission, in addition to the duties established in Chapter 18.62, BMC, the Design Review Board and Administrative Design Review staff shall have the duty to review any tax abatement or other incentive programs being considered by the City Commission that are designed to stimulate preservation and rehabilitation of structures and properties, and to review any proposed action or development utilizing these abatement or incentive programs. 18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the City Commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of Chapter 2.80, BMC, Historic Preservation Advisory Board, and Chapters 18.68 and 18.70, BMC, Text Amendments and Zoning Map Amendments. Property owner concurrence is necessary for the designation or recision of landmark status. 18.28.040 CERTIFICATE OF APPROPRIATENESS A certificate of appropriateness, received from either the Planning Director or the City Commission after recommendation by the Administrative Design Review staff or Design Review Board, shall be 1080 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-3 required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken upon any structure in the conservation district. For alterations not requiring City Commission approval, compliance with the Planning Director’s decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows: A. No building, demolition, conditional use, sign or moving permit shall be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within the conservation district are set forth in Chapter 18.34, BMC, Review Procedures for Site Development, Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative Design Review and Wetlands Review Board and Chapter 18.76, BMC, Noticing. If the demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in §18.28.080, BMC shall apply. C. A denial of a certificate of appropriateness shall be accompanied by a written statement of reasons for the denial. D. The architectural designs of individual workforce housing units used to satisfy the requirements of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are exempt from the review requirements of this chapter. This exemption does not extend to removal or alterations of existing structures. 18.28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS A. All work performed in completion of an approved certificate of appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Planning Department). B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: l. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). 1081 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-4 C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this reference. When reviewing a contemporary, non-period, or innovative design of new structures or addition to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures. E. Conformance with other applicable development standards of this title. 18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS IN CONSERVATION DISTRICTS Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects in the conservation district require only sketch plan review as per Chapter 18.34, BMC (i.e. single-household, two-household, three-household and four-household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made on a form provided by the Planning Department, and shall include the information and material as set forth in Chapter 18.78, BMC. 18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, many buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board or Administrative Design Review staff. The criteria for granting deviations from the underlying zoning requirements are: A. Modifications shall be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in §18.28.050 of this chapter, than would be achieved under a literal enforcement of this title; B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and C. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent and purpose set forth in this chapter. 18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE CONSERVATION DISTRICT The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this chapter and section. The review procedures and criteria for the demolition or movement of any structure or site within the conservation district are as follows: A. Applications for the demolition or movement of structures within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of 1082 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-5 the site after the demolition or movement has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. B. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as intrusive or neutral elements by the Montana Historical and Architectural Inventory, and are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to approval by the Planning Director after review and recommendation of Administrative Design Review staff or Design Review Board as per Chapters 18.34 and 18.62, BMC, and the standards outlined in §18.28.050, BMC. The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary, updated by the Historic Preservation Planner to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites described within this section shall rest with the City Commission when proposed in conjunction with a deviation, variance, conditional use permit or planned unit development application. C. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the Montana Historical and Architectural Inventory, and all properties within historic districts and all landmarks, shall be subject to approval by the City Commission, through a public hearing. Notice of the public hearing before the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to holding the public hearing, the City Commission shall receive a recommendation from Administrative Design Review staff and the Design Review Board. The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary, updated by the Historic Preservation Planner to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The final approval authority for the demolition or movement of structures or sites described within this section shall rest with the City Commission. The City Commission shall base its decision on the following: 1. The standards in §18.28.050, BMC and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as determined by the State Historic Preservation Office and the Planning Department. 2. If the Commission finds that the criteria of this section are not satisfied, then, before approving an application to demolish or remove, the Commission must find that at least one of the following factors apply based on definitive evidence supplied by the applicant, including structural analysis and cost estimates indicating the costs of repair and/or rehabilitation versus the costs of demolition and redevelopment: a. The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such threat; any costs associated with the removal of health or safety threats must exceed the value of the structure. b. The structure or site has no viable economic or useful life remaining. D. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and City to explore alternatives to the demolition or move, including but not limited to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection B or C of this section. 1083 Exhibit G Ordinance # 1709: Effective August 2, 2007. page 28-6 E. All structures or sites approved for demolition or moving shall be fully documented in a manner acceptable to the Historic Preservation Planner and Administrative Design Review staff prior to the issuance of demolition or moving permits. F. In addition to the remedies in Chapter 18.64, BMC, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations. 18.28.090 APPEALS Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director or City Commission pursuant to the provisions of Chapter 18.66, BMC. In such event, the issuance of a certificate shall be stayed until the appeal process has been satisfied. 1084 Exhibit H Ordinance # 1709: Effective August 2, 2007. 30-1 CHAPTER 18.30 BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT 18.30.010 TITLE These regulations shall be known as the Bozeman entryway corridor overlay district regulations and may be cited as the entryway corridor regulations. 18.30.020 INTENT AND PURPOSE A. There are several arterial corridors entering Bozeman that introduce visitors and residents alike to Bozeman. The visual attributes of these roadways provide a lasting impression of the character of Bozeman. It is the intent and purpose of this chapter to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this title, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this chapter to establish design criteria, standards and review procedures that will allow the City and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the Design Review Board or Administrative Design Review staff shall be given careful consideration in the final action of the Planning Director or the City Commission. 18.30.030 APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS Entryway corridors shall be designated on the City’s Official Zoning Map. The provisions of this chapter shall be applied in addition to any other applicable regulations of this title. Specifically, these provisions shall be applied to all developments within such corridors as follows: A. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: 1. Interstate 90, within or adjacent to the Bozeman City boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; 2. Interstate 90 frontage roads, within the Bozeman City boundaries, whether or not they are designated frontage roads; 3. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the Bozeman City boundaries; 4. U.S. 191, west from Ferguson Road to the Bozeman City boundaries; 5. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and 6. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. B. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: 1. Seventh Avenue, south from the Interstate 90 interchange to Main Street; 1085 Exhibit H Ordinance # 1709: Effective August 2, 2007. 30-2 2. Nineteenth Avenue, south from Durston Road to the Bozeman City boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; 3. Main Street, east from Broadway to Interstate 90; 4. Main Street, west from Seventh Avenue to Ferguson Road; 5. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and east to the Bozeman City boundary; 6. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and 7. Oak Street, east from Seventh Avenue to Rouse Avenue. 18.30.040 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF POWERS AND DUTIES WITHIN ENTRYWAY CORRIDORS The Design Review Board and Administrative Design Review staff shall have the duties and powers established by Chapter 18.62, BMC, within entryway corridors: 18.30.050 CERTIFICATE OF APPROPRIATENESS A certificate of appropriateness, received from either the Planning Director or the City Commission after recommendation by the Administrative Design Review staff or Design Review Board, shall be required before any and all alteration(s), other than repair as defined in Chapter 18.80, BMC, are undertaken upon any structure in the entryway corridor. For alterations not requiring City Commission approval, compliance with the Planning Director’s decisions will be mandatory subject to appeal to the City Commission as set forth in Chapter 18.66, BMC. Application procedures are as follows: A. No building, demolition, sign (if a deviation is requested), conditional use permit or moving permit shall be issued within an entryway corridor until a certificate of appropriateness has been issued by the appropriate review authority and until final action on the proposal has been taken. B. Application, review and public notice procedures for proposals located within entryway corridors are set forth in Chapter 18.34, BMC, Review Procedures for Site Development; Chapter 18.62, BMC, Development Review Committee, Design Review Board, Administrative Design Review Staff and Wetlands Review Board; and Chapter 18.76, BMC, Noticing. C. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. 18.30.060 DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN ENTRYWAY CORRIDORS In addition to the standards of Chapter 18.34, the following general design criteria and development standards shall apply to all development occurring within the areas described in §18.30.030, BMC, above: A. The proposed development shall also comply with all applicable design standards and guidelines, including the Design Objectives Plan for entryway corridors. B. Setback, Parking, Building and Landscape Standards. The setback from any entryway corridor roadway right-of-way shall be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surrounding and within parking areas, or other means in order to preserve the area’s natural views. In addition to the qualitative design standards and guidelines in the Design Objectives Plan for entryway corridors, parking areas and buildings shall: 1. Be set back at least 50 feet from any Class I entryway corridor roadway right-of-way, or 1086 Exhibit H Ordinance # 1709: Effective August 2, 2007. 30-3 2. Be set back at least 25 feet from any Class II entryway corridor roadway right-of-way. 18.30.070 APPLICATION REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS IN ENTRYWAY CORRIDOR A. Applications for certificates of appropriateness shall be made in conjunction with applications for site plan approval, in accordance with Chapter 18.34, BMC. B. Where development projects in the entryway corridor require only sketch plan review as per Chapter 18.34, BMC (e.g. single-household, two-household, three-household and four- household residential structures, each on individual lots; signs; fences; property alterations; and certain amendments to site plans), applications for certificates of appropriateness shall be made in conjunction with an application for sketch plan review on a form provided by the Planning Department, and shall include the information and material as set forth in Chapter 18.78, BMC. C. The architectural designs of individual workforce housing units used to satisfy the requirements of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are exempt from the review requirements of this chapter. This exemption does not extend to removal or alterations of existing structures. 18.30.080 DEVIATION FROM OVERLAY OR UNDERLYING ZONING REQUIREMENTS A. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board or Administrative Design Review staff. B. The application for deviation shall be subject to the submittal and procedural requirements of Chapters 18.34 and 18.78, BMC . The application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. The City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular entryway corridor. Upon such a finding, the City Commission may authorize deviations of up to 20 percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regulations. If the City Commission does not find that the proposed modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be granted. 18.30.090 APPEALS Aggrieved person, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director or City Commission pursuant to the provision of Chapter 18.66, BMC. In such event, the issuance of a certificate shall be stayed until the appeal process has been completed. 1087 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-1 CHAPTER 18.34 SITE PLAN REVIEW 18.34.010 INTRODUCTION A. All non-subdivision development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans or conditional use permits will be required as specified in this chapter. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in §18.34.030, BMC. C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this title, design review is required in conjunction with either sketch plan or site plan review. In such cases, additional submittal requirements and review procedures apply as outlined in §18.78.090, BMC. D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the Board of Adjustment. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this title. E. Approval shall be granted for a particular use and not for a particular person or firm. F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant portions of this title. G. Applications subject to this chapter shall be reviewed under the authority established by Chapter 18.64, BMC. 18.34.020 CLASSIFICATION OF SITE PLANS A. All developments within the City, except individual single-household, two-household, three- household and four-household residential structures, each on individual lots, and other development proposals specifically identified as requiring only sketch plan review, shall be subject to site plan review procedures and criteria of this chapter and the applicable submittal requirements of Chapter 18.78, BMC. For the purposes of this title, site plans will be classified as either a master site plan or a site plan. B. A master site plan is a generalized development plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is an option and not required. A master site plan involves one or more of the following: 1. One hundred or more dwelling units in a multiple household structure or structures; 2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks; 4. Multiple owners; 1088 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-2 5. Development phasing projected to extend beyond two years; or 6. Parking for more than two-hundred vehicles. C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36, BMC, in addition to this chapter. D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC, in addition to this chapter. E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regulations contained in Chapter 18.40, BMC, in addition to this chapter 18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) shall include: 1. The required information for site plans described in §18.78.080, BMC; 2. Any additional application information required for specific reviews as listed in the following chapters of this title: a. §18.36, Planned Unit Development; b. §18.40, Standards for Specific Uses; c. §18.54, Telecommunications; d. §18.58, Bozeman Floodplain Regulations; and e. §18.66, Appeals, Deviations and Variance Procedures; B. Review Procedures and Review Criteria. Additional review procedures and review criteria for specific development proposals are defined in the following chapters of this title: 1. §18.34.100, Conditional Use Procedure; 2. §18.36, Planned Unit Development; 3. §18.40, Standards for Specific Uses; 4. §18.54, Telecommunications; 5. §18.58, Bozeman Floodplain Regulations; and 6. §18.66, Appeals, Deviations and Variance Procedures. 18.34.040 REVIEW AUTHORITY A. The City Commission, Board of Adjustment and Planning Director have the review authority established in §18.64.010, BMC. B. The Development Review Committee, Design Review Board, Administrative Design Review Staff, and Wetlands Review Board have the review authority established in Chapter 18.62, BMC. C. Site Plan Design Review Thresholds. When a development is subject to design review and meets one or more of the following thresholds the Design Review Board shall have responsibility for conducting the design review. 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 1089 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-3 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; 4. Twenty thousand or more square feet of exterior storage of materials or goods; or 5. Parking for more than sixty vehicles. 18.34.050 SKETCH PLAN REVIEW A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans meeting the requirements of §18.78.110, BMC. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see §18.34.110 and §18.78.090, BMC). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household, two-household, three-household, and four-household residential units, each on individual lots; accessory dwelling units in the R-2, R-3 and R-4 districts; manufactured homes on individual lots; fences; signs in compliance with the requirements of this title; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; special temporary uses; and accessory structures associated with these uses. Other similar projects may be determined by the Planning Director to require only sketch plan review. The Planning Director shall determine all submittal requirements. B. Sketch Plan Review Procedures. 1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the Planning Department staff for a determination of compliance with the requirements of this title. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. 2. Certificate of Appropriateness Required. Sketch plans, including the material required by §18.78.090, BMC, and such additional information as may be required for projects which require a certificate of appropriateness as per §18.34.110, BMC shall be submitted to the ADR staff, who shall review the proposal for compliance with this title, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this title including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. 18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES A. These procedures shall apply to all developments within the City except for development proposals specified as requiring only sketch plan review. 1090 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-4 B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plan review is required until certification has been provided demonstrating that all terms and conditions of site plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence. E. In the event that the volume of site development applications submitted for review exceeds the ability of the City to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. 18.34.070 SITE PLAN REVIEW PROCEDURES A. Acceptability and Adequacy of Application. 1. The Planning Department shall review the application for acceptability within five working days to determine if the application is does not omit any of the submittal elements required by this title. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of this title and any other applicable regulations under the jurisdiction of the City of Bozeman. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date that the Planning Department determines the application to contain all the required elements and shall be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the City within 15 working days of notification to the property owner of inadequacy, all application materials and one-half of the review fee shall be returned to the property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the City from requesting additional information during the site plan review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application and 1091 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-5 accompanying fee, the application may be processed by the City with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. 5. In order to be granted a waiver the applicant shall include with the submission of the preliminary site plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according to the procedures established by this title. After review of the applicable submittal materials required by Chapter 18.78, BMC, and upon recommendation by the appropriate review bodies, the Planning Director, Board of Adjustment, or City Commission shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of Chapter 18.66, BMC. The basis for the Planning Director’s, Board of Adjustment’s, or City Commission’s action shall be whether the application, including any required conditions, complies with all the applicable standards and requirements of this title, including § 18.02.050, BMC.. 1. Site Plan. The Planning Director shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The Planning Director, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application within ten working days of the close of the public comment period. The Planning Director’s decision shall be in writing and shall include any special conditions which are to be applied to the development. (1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the director’s decision regarding an application. Persons making such a request shall provide an addressed envelope for use in delivering their copy of the decision. 2. Site Plan with Deviations or Variances and Conditional Use Permits. The Board of Adjustment shall provide an opportunity for the public to comment upon a proposed site plan or conditional use permit. The ending date of the comment period shall be included in the notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision by the Board of Adjustment. a. The Board of Adjustment, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The Board of Adjustment’s decision shall be in writing and shall include any special conditions which are to be applied to the development. 1092 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-6 3. Master Site Plan. The City Commission shall provide an opportunity for the public to comment upon a proposed master site plan. The duration of the comment period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision by the City Commission. a. The City Commission, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The City Commission’s decision shall be in writing and shall include any special conditions which are to be applied to the development. 18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE REQUIREMENTS A. The person applying for a conditional use permit shall fill out and submit to the Planning Director the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this chapter. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the Board of Adjustment. Notice of the Board of Adjustment public hearing shall be provided in accordance with Chapter 18.76, BMC. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until zoning has been approved by the City Commission. 18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA A. In considering applications for site plan approval under this title, the Planning Director, Board of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Relationship of site plan elements to conditions both on and off the property, including: a. Compatibility with, and sensitivity 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, historical character, orientation of buildings on the site and visual integration; b. Design and arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; c. Design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and 1093 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-7 d. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, the project is in conformance with the provisions of Chapter 18.28, BMC; 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; 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; 8. Open space, including: a. The enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses; e. Open space shall be provided in accordance with Chapter 18.50, BMC; f. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Building location and height; 10. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater control; 14. Loading and unloading areas; 15. Grading; 16. Signage; 17. Screening; 18. Overlay district provisions; 1094 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-8 19. Other related matters, including relevant comment from affected parties; and 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. 21. Compliance with Title 17 Chapter 2, BMC. B. In considering applications for master site plan approval under this title, the City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy; 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. A generalized site plan showing the orientation and relationships among key plan elements both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods in terms of overall site organization and building mass and height; b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the structure of the surrounding area and produce an efficient, functionally organized and visually cohesive development that contributes to the overall aesthetic quality of the area; c. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, a statement describing how the project is in conformance with the provisions of Chapter 18.28, BMC; and d. Description of many elements in a Master Site Plan may be described in written and/or graphic formats whichever provides the superior form of communication. 5. A statement accompanying the site plan describing the generalized architectural character and its relationship to and compatibility with the historical character of the area, generalized landscape concept including treatment of public space and relationship to the surrounding area, and visual and aesthetic integration of the proposed development into the surrounding area and its effect on the identity of the adjacent neighborhood; 6. The impact of the proposed development on the existing and anticipated traffic and parking conditions, including identification of the traffic generation and parking needs of individual plan elements; 7. Pedestrian and vehicular ingress, egress and circulation, including: a. Overall pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets; 1095 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-9 c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication and/or abandonment of rights-of-way or easements necessary for efficient land use and accompanying streets and related transportation facilities; 8. Open space, if required under the zoning classification(s) of the proposed development, including: a. Enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. Provisions to avoid interfering with public access to and use of any adjacent parks and other open space; d. Provision of recreational areas suitably located and configured, and accessible to the residential units it is intended to serve; and e. Adequacy of open space as required within this title; f. Open space shall be provided in accordance with Chapter 18.50, BMC; g. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Generalized building gross area (square feet), building locations, building envelopes, and building heights; 10. Setbacks; 11. Generalized lighting concept as pertains to public safety; 12. Generalized provisions for utilities, including efficient public services and facilities; 13. Generalized site surface drainage and stormwater control; 14. Generalized locations of loading and unloading areas; 15. Generalized grading; 16. Statement regarding proposed signage; 17. Statement regarding screening of trash, outdoor storage and utility areas; 18. Overlay district provisions where applicable; and 19. Other related matters, including relevant comment from affected parties. C. If the Planning Director, Board of Adjustment, or City Commission, after recommendation from the DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed site plan or master site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this title and is in harmony with the purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be given in writing. D. Site plan approval or master site plan approval may be denied upon a determination that the conditions required for approval do not exist. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. E. Following approval of a master site plan, the applicant shall submit to the Planning Department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria set forth in subsection A above. Evidence that the review criteria have been 1096 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-10 met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. 18.34.100 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR CONDITIONAL USE PERMITS A. The Board of Adjustment, in approving a conditional use permit, shall review the application against the review requirements of §18.34.090, BMC; B. In addition to the review criteria of §18.34.090, BMC, the Board of Adjustment 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; 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; 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. C. The Board of Adjustment shall, in addition to all other conditions, impose the following general conditions upon 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 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. 1097 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-11 D. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the Board of Adjustment. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist. E. The applicant shall be notified in writing of the action taken by the Board of Adjustment within seven working days of its action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the Planning Director after completion of all conditions and final site plan. 18.34.110 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW PROCEDURES AND REVIEW CRITERIA A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this title, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the Design Objective Plan, encompassing the property’s location shall be provided. If no Design Objectives Plan has been prepared for the location, additional site design information, if necessary, shall be determined by the ADR staff. All signs shall comply with the dimensional standards of this title unless a deviation or variance has been properly granted. B. Review Procedures and Criteria for Certificates of Appropriateness. 1. Certificates of appropriateness shall only be issued according to procedures and criteria specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC. 2. Sign proposals which specifically conform to the requirements of this title shall be reviewed according to procedures and criteria outlined in Chapter 18.52, BMC. 18.34.120 PUBLIC NOTICE REQUIREMENTS A. Public notice of development proposals and approvals subject to this chapter shall be provided as required by Chapter 18.76, BMC. 18.34.130 FINAL SITE PLAN A. No later than six months after the date of approval of a preliminary site plan or master site plan, the applicant shall submit to the Planning Department a final site plan with accompanying application form and review fee. The number of copies of the final site plan to be submitted shall be established by the Planning Director. The final site plan shall contain the materials required in §§18.78.080 and18.78.090 BMC and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the Planning Director. B. In addition to the materials required in subsection A of this section, the owner shall submit 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. C. In addition to the materials required in subsections A and B of this section, the owner shall submit 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. 1098 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-12 D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the Planning Director. In such instances, the Planning Director shall determine whether the relevant terms of this title and circumstances have significantly changed since the initial approval. If relevant terms of this title or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not more than five years. Owners of property subject to the master site plan may seek appropriate extensions. Approval of an extension shall be made by the Planning Director. Approval shall be granted if the Planning Director determines that the relevant terms of this title and circumstances have not significantly changed since the initial approval. F. Upon approval of the final site plan by the Planning Director the applicant may obtain a building permit as provided for by Chapter 18.64, BMC. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan does not entitle an applicant to obtain any building permits. 18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved sketch or final site plan (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site plan whose approval has expired. 18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS A. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a site plan or master site plan approved under the ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning Director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the Planning Director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and site plan review and approval provisions of this title. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in §18.34.170.B, BMC. C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the City Commission, and shall be based on substantive current information that indicates that relevant circumstances have changed and that such circumstances support the proposed modifications. Such circumstances may include market analyses, economic conditions, changes in surrounding land uses, changes in ownership, etc. 1099 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-13 18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UNDER A CONDITIONAL USE PERMIT Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to this chapter. 18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE CODIFIED IN THIS TITLE A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1991 - Ordinance 1332) shall be considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the Planning Director upon determining that no significant alteration of the previous use and site are proposed, and upon review by the City Engineer or designee to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by the Planning Director. B. The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be limited to the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 18.60, BMC; 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of §18.34.040.C; OR b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of §18.34.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. C. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may be required to determine whether resubmittal as a new application is necessary. 18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF SITE PLAN REVIEW A. The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this title. An applicant may propose improvements, not in association with a site plan review, to increase conformity with the standards of this title for landscaping, lighting, parking or similar components of a site to occur over a defined period of 1100 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-14 time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements shall be reviewed by and approved at the discretion of the Planning Director. The Planning Director may require surety in accordance with the terms of Chapter 18.74, BMC for work performed. 18.34.190 SPECIAL TEMPORARY USE PERMIT A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the Planning Director may deem to be within the intent and purpose of this section. B. Application and Filing Fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the Planning Department. Such application shall be filed with the Planning Director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning Director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this chapter. C. Decision. Application for a special temporary use permit shall be reviewed by the Planning Director who shall approve, conditionally approve or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the Planning Director such approval is within the intent and purposes of this chapter. D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.34.200 APPEALS Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66, BMC. In such event, any plan review approval and associated right to proceed with development shall be stayed until the appeal process has been completed. 1101 Exhibit I Ordinance # 1709: Effective August 2, 2007. page 34-15 18.34.210 IMPROVEMENTS Improvements depicted on an approved site plan shall be installed subject to the requirements of Chapter 18.74, BMC. 1102 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-1 CHAPTER 18.36 PLANNED UNIT DEVELOPMENT 18.36.010 INTENT OF PLANNED UNIT DEVELOPMENT It is the intent of the City through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the City. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this title to promote the City’s pursuit of the following community objectives: A. To ensure that future growth and development occurring within the City is in accord with the City’s adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in §18.02.040, BMC. 18.36.020 APPLICATION AND USES OF A PLANNED UNIT DEVELOPMENT A. A planned unit development may be applied to any subdivision, or to any development having one or more principal uses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and uses shall generally conform with growth policy land use designations and underlying zoning districts. Approval for an additional use or combination of uses may be allowed in a planned unit development only when such additional uses are consistent with the Bozeman growth policy and relevant criteria in subsection E of §18.36.090, BMC and are not prohibited elsewhere in this title. 1103 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-2 B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, buildings, parking areas, circulation and open spaces. All planned unit developments shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient and convenient development. C. Any planned unit development shall be considered as a conditional use within the zoning district in which it is to be located. D. The City Commission retains final approval authority for planned unit developments. E. All planned unit developments shall compliment or be harmonious with existing adjacent development. 18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT The following special conditions shall apply to any planned unit development: A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. B. Title Holdings. The approved final plan shall specify the manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development and meeting the requirements of §18.72.020, BMC. C. Residential Planned Unit Developments. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the limitations in §18.36.090.E.2.b, BMC. D. Use of General Building and Development Standards. 1. All planned unit developments shall be reviewed against the development standards established in this title. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this title may be granted by the City Commission after considering the recommendations of the applicable review bodies established by this title. The PUD application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. Such written and graphic materials may include textual descriptions, site plans, renderings of proposed elevations or landscapes, or similar materials. 2. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirements shall be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result in the delay of application processing in order to receive necessary materials, provide additional public notice or other curative actions. 3. The City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this title, and which will be consistent with the intent and purpose of this chapter, with the adopted goals of the Bozeman growth policy and with any relevant adopted Design Objectives Plan. Upon deciding in favor of the deviation request, the City Commission may grant deviations, above or below minimum or maximum standards respectively as established in this title, including the complete exemption from a particular standard. If the City Commission does not determine that the proposed modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this title, and which will be consistent with 1104 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-3 the intent and purpose of this chapter and with any relevant Design Objectives Plan, then no deviation shall be granted. E. Establishing Additional Standards. In addition to the general building and development standards, the city shall have the right to establish general design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of this chapter. F. Conformance to Sign Code. All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the Bozeman sign regulations, Chapter 18.52, BMC. All signage must be approved as part of the PUD and shall be designed as an integral element of the overall planned unit development. Approval of signs within a planned unit development shall rest upon a determination by the City Commission, as proved by the specific proposal, that the intent of the sign regulations is achieved. Signs which do not comply with Chapter 18.52, BMC must receive a deviation. 18.36.040 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development shall consist of three procedural steps: pre-application, preliminary plan and final plan. All subdivision PUDs shall also meet all standards for plats. A. Pre-application Review. 1. A pre-application review is mandatory for all planned unit development proposals. 2. A pre-application shall be submitted for review and discussion with the DRC, DRB, and if applicable the WRB and planning staff of the applicant’s proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. 3. Pre-application Review Procedures. Pre-application review meetings will be held by the DRC, DRB and WRB (if applicable) and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, shall be submitted by the applicant to the Planning Department at least 10 days prior to the meeting of the review bodies. The outline shall be reviewed by the DRC, DRB and the WRB (if applicable). Thereafter, the Planning Department shall furnish the applicant with written comments regarding such submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development preliminary plan application. B. Preliminary Plan Review. Sufficient information shall be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit development by the DRC, DRB, WRB (if applicable) and City Commission. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and development guidelines for all subsequent phases. Submittal requirements are in addition to those required for site plan and conditional use permit review. 1. Application Process. Upon completion of pre-application review and receipt of the Planning Department’s comments on the pre-application, an application for preliminary plan approval may be filed with the Planning Department. 1105 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-4 2. Public Hearings and Meetings. Notice of public hearings and/or public meetings for any preliminary plan application shall be provided in accordance with Chapter 18.76, BMC. 3. Review Criteria. In order to approve an application for a planned unit development the City Commission shall determine that the application is in conformance with all applicable standards, objectives and criteria of this title unless an appropriate deviation is granted. 4. Recommendations. The DRC, DRB and WRB (if applicable) shall recommend the approval, conditional approval or denial of the preliminary plan to the City Commission and shall include in such recommendation the basis upon which such recommendation was determined. 5. Preliminary Plan Approval. The City Commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The City Commission shall issue a written record of their decision to discuss and weigh the review criteria and standards applicable to the PUD. C. Final Plan Review and Approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection C.4 of this section, and shall be reviewed DRC and ADR staff and approved by the Planning Director. 1. Application Process. Upon approval or conditional approval of a preliminary plan by the City Commission, and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. 2. Review Criteria - Compliance with Preliminary Plan. For approval to be granted, the final plan shall be in compliance with the approved preliminary plan. This shall mean that all conditions imposed by the City Commission as part of its approval of the preliminary plan have been met and: a. The final plan does not change the general use or character of the development; b. The final plan does not increase the amount of approved gross leasable nonresidential floor space by more that 5 percent, does not increase the number of residential dwelling units by more than 5 percent and does not exceed the amount of any density bonus approved with the preliminary plan; c. The final plan does not decrease the open space and/or affordable housing provided; d. The final plan does not contain changes that do not conform to the requirements of this title, excluding properly granted deviations, the applicable objectives and criteria of §18.36.100, BMC, or other objectives or criteria of this title. The final plan shall not contain any changes which would allowed increased deviation/relaxation of the requirements of this title; and e. The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. 3. Final Plan Approval. The Planning Director may approve the proposed planned unit development if it conforms with the approved preliminary plan in the manner described above. Prior to final plan approval, the Planning Director may request a recommendation from the DRC, ADR staff, DRB, WRB or City Commission regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the City Commission shall have responsibility to approve the final plat. a. Final plats associated with a PUD shall be subject to the requirements of §18.06.060 and §18.78.070, BMC. 1106 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-5 4. Amendments to Final Plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No City administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: a. Minor Changes. (1) Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the Planning Director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from the DRB, DRC, ADR staff, WRB or City Commission. (2) Minor changes shall be defined as follows: (a) Those developments that do not change the character of the development; (b) An increase of less than 5 percent in the approved number of residential dwelling units; (c) An increase of less than 5 percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A change in building location or placement greater than 20 percent of the building width without compromising requirements of the UDO; (e) An increase in the number of lots less than 2 percent without increasing the density by more than 5 percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (f) The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title; and/or (g). The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (3) When a planned unit development has been prepared in sufficient detail to address the concerns of Chapter 18.34, BMC including but not limited to general building envelopes, design character of buildings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD final plan. The intention to use this provision must be part of the inital submittal and review of the PUD. b. Major Changes. (1) Major changes to a planned unit development shall be approved, if at all, only by the City Commission, and must follow the same planned unit development review and public hearing process required for approval of preliminary plans. The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title without being individually noticed and reviewed for the proposed change. (2) Major changes shall be defined as follows: (a) A change in the character of the development; (b) An increase of greater than 5 percent in the approved number of residential dwelling units; 1107 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-6 (c) An increase of greater than 5 percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A reduction in the approved open space and/or affordable housing units provided; (e) A change in the location and placement of buildings; and/or (f) An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. 18.36.050 PLAN SUBMITTAL REQUIREMENTS For each stage of the review process, the applicable information and data described in Chapter 18.78, BMC shall be submitted unless the Planning Director determines that the information is unnecessary for the proper evaluation of the development based on the evaluation of the pre-application review. Only after the Planning Department has determined that all required information has been submitted will the application be processed. When a proposed PUD includes both a subdivision and zoning component, a coordinated application on a form to be provided by the Planning Department shall be used to coordinate submittal materials and prevent redundant requirements. 18.36.060 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL A. Duration Of Preliminary Plan Approval. The provisions of this subsection do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant shall file with the Planning Department a final plan(s) in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final plan for two successive six-month periods. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the City Commission. 3. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the City Commission. A request for extension of preliminary approval under this section must be submitted to the Planning Director in writing by the applicant at least thirty calendar days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. 4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan shall expire for any portion of the preliminary plan for which a final plan has not been timely filed. 1108 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-7 B. Duration of Final Plan Approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with City rules and regulations. Extensions for two successive periods of six months may be administratively granted by the Planning Director. The granting of administrative extensions under this section may, at the discretion of the Planning Director, be referred to the City Commission. 2. Any additional six-month extensions to the planned unit development shall be approved, if at all, only by the City Commission. A request for extension of final approval under this section must be submitted to the Planning Director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval. Failure to develop within the specified time limit and improvement requirements shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval shall be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described below. 18.36.070 PHASING OF PLANNED UNIT DEVELOPMENTS A. Applications for Phased Planned Unit Developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development shall follow procedures established for pre-application review as outlined in this chapter. After pre-application review is completed, phased PUDs may be proposed in accordance with one of the following procedures: 1. Application for Simultaneous Approval of All Phases of the PUD. a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD may be made in accordance with preliminary plan review and approval procedures outlined in this chapter. In such cases, preliminary plans and all required supplemental information shall clearly set forth phased development boundaries, schedules and other details pertaining to the phasing of the project. b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur in accordance with the review and approval procedures for final plans as specified in this chapter. 2. Application for Approval of Initial Phase of the PUD - With Subsequent Phases Master Planned and Subject to Development Guidelines. Where the applicant wishes to gain preliminary and final approval for the initial phase(s) of a PUD, and further wishes to gain master plan and development guidelines approval for subsequent phases of the PUD, preliminary and final plan review and approval procedures for the initial phase(s) shall be followed in accordance with this chapter. A master plan and development guidelines for the remaining phases of the development shall be provided for review and approval as outlined below. 1109 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-8 B. Phased PUD Approval Process. Master plans and development guidelines shall be reviewed and approved according to the procedures established for preliminary plans as established in this chapter. When a master plan and development guidelines for a phased PUD have been reviewed and approved by the City Commission, each phase of the PUD may be developed in accordance with the review and approval procedures set forth in this chapter for final plan reviews. C. Phased PUD Review Criteria. 1. In general, the review criteria for phased preliminary and final PUDs shall be the same as that for PUDs as set forth in this title. 2. In those cases where master plans and development guidelines are proposed to govern the development of future phases of the PUD, the City Commission must determine that the proposed master plan and development guidelines are provided in sufficient detail to support a determination that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved master plan and development guidelines. 3. DRB or ADR staff, as applicable, and DRC review and approval of preliminary and final plans, for those phases of a PUD which have an approved master plan and development guidelines, shall assure compliance and consistency with said master plan and development guidelines. 4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD are not in compliance with the approved master plan and development guidelines, the determination may be appealed to the City Commission subject to the provisions of Chapter 18.66, BMC. D. Phased Planned Unit Development Submittal Requirements. 1. Master Plan Submittal Requirements. Master plans for phased PUDs shall consist of a detailed site plan depicting: a. Existing conditions for the entire phased PUD as required by subsections B and C of §18.78.120, BMC; and b. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestrian circulation, and boundaries of the individual phases of the PUD in as much detail as is required by the evaluation of the pre- application review as outlined in this chapter. 2. Development Guidelines Submittal Requirements. Development guidelines for phased PUDs shall be submitted to the Planning Director as part of the application submittal in one or more orderly documents. Each document shall contain a table of contents and shall be in an 8½- by 11-inch vertical format, bound to open flat for review. All graphic representations shall be in 8½- by 11-inch or 11- by 17-inch format. Development guidelines for phased PUDs shall contain the information as is required by the evaluation of the pre-application review as outlined in this chapter. Such information may include, but is not limited to, the following: a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); b. A description of the coordination with any other applicable review procedures, e.g., subdivision review; c. A complete list of proposed or potential land uses; d. Sign guidelines: type(s), location, design, illumination, size and height; 1110 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-9 e. Perimeter buffering guidelines with specific regard to adjoining land uses; f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage, open space treatment, parking and circulation areas, display areas and screening; g. Design guidelines for outdoor storage and/or display; h. Protective covenants which may include requirements, property owners association provisions, provisions for maintenance, etc.; i. Parking: guidelines for design, provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas; j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; k. Lighting; l. Architectural guidelines; m. Provisions for utilities, communications and refuse; n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and o. Improvements schedule. E. Open Space Provisions for Phased PUD Developments. If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of §18.36.090.E.2, BMC. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. Requirements may be made for off-site improvements on a particular phased project. F. Final Plans for Phased PUD Developments. Final plans for a planned unit development may be submitted in phases. The final plan shall conform to the preliminary plan of a planned unit development, as approved. G. Duration of Phased PUD Development Guidelines Approval. Within a maximum of five years following the approval of development guidelines for a planned unit development, development must commence or the development guidelines must be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the development guidelines. 18.36.080 ENFORCEMENT OF APPROVAL REQUIREMENTS AND CONDITIONS The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Chapter 18.64, BMC: A. Failure to comply with any terms, conditions or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the City. B. Failure to comply with any conditions on record imposed by the City Commission upon its review of the master or preliminary plans, or any conditions imposed by the DRC or ADR through the review of the final plan for the planned unit development, under the provisions of Chapter 18.36, BMC, Planned Unit Development Ordinance (PUD). 1111 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-10 18.36.090 PLANNED UNIT DEVELOPMENT DESIGN OBJECTIVES AND CRITERIA A. General. For any planned unit development proposal to be approved it must first be found, by the City Commission, after recommendation from the DRC, DRB or WRB (if applicable), to be in compliance with this title including any applicable criteria of this section. B. Land Use Classifications. 1. The design objectives and criteria with which a planned unit development proposal must comply are dependent upon the designated growth policy land use classification and zoning district of the site proposed for the planned unit development. 2. All planned unit developments are reviewed against the objectives and criteria designated for all development. Each individual planned unit development is then reviewed against the objectives and criteria established for the land use classification(s) of the site on which the proposal is to be located. A planned unit development must satisfy all the objectives and criteria of all applicable groups. In evaluating planned unit developments, the City may determine that certain criteria are not applicable or are irrelevant to a particular development proposal and therefore do not apply to that proposal unless those criteria are applicable to a deviation which is being sought by the applicant. Subsection E of this section contains the groups of objectives and criteria against which planned unit developments are reviewed. C. Evaluation Process. The acceptability and performance of a planned unit development proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for all development contained in subsection E of this section, will be answered “Yes”, “No” or “Not Applicable” (NA). A “No response” to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a deviation is granted by the City Commission. An objective or criterion is considered to be applicable if it can reasonably be applied to the development proposal. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable objective and criterion. D. Responsibility for Impact Mitigation. To protect the character of new and existing neighborhoods against intrusive and disruptive development, any negative or adverse impacts shall be effectively mitigated in the planned unit development plan, as per the following guidelines: 1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use. 2. When a use is the first to develop on two adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the City. 3. The second use to develop shall, at the time it develops, take all additional steps necessary to mitigate conflicts. 4. However, when a planned unit development includes a use or uses which are not otherwise permitted in the underlying zoning district, the responsibility for impact mitigation shall lie exclusively with the planned unit development proposal. E. Design Objectives and PUD Review Criteria. 1. The City will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this title. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. 1112 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-11 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, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? (2) Does the project preserve or replace existing natural vegetation? (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? (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? (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? (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? (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. (a) Provision of affordable housing: Exclusive of housing used to satisfy Chapter 17.02 BMC; Four points for each percent of dwellings to be constructed in the residential development which are provided by donation to the City of Bozeman or their designee; OR – One point for each build ready lot donated to the City for affordable housing provided by a residential or non residential development; OR – One point for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification. The City's affordability guidelines and subsequent revisions shall establish affordability and eligibility; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one- quarter points for each percent of the project area that is provided as publicly accessible open space. 1113 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-12 The portion of the project to be considered in determining the size of area to be provided for open space shall be the gross project area less areas dedicated and transferred to the public, and/or used to meet the parklands requirements of (6) above. The area provided for open space shall be exclusive of yard setbacks on individually owned lots and interior parking lot landscaping, and subject to the performance standards of Chapter 18.50, BMC. The area may be provided through a combination of one or more of the following means: (i) Open space within the project boundaries and commonly held by the property owners association for the use of owners, residents and their guests; (ii) Open space within the project boundaries and developed as usable recreation space with a corresponding public use easement; (iii) Outside of the project boundaries as an addition to an existing off-site park adequate in location and size to meet the recreational needs of the resident; or (iv) Cash-in-lieu of open space subject to the standards of §18.50.030, BMC; or (v) Open space outside of the project boundaries adequate in size and location to meet the recreational needs of the residential development only with the approval of the City Commission. The site is subject to the standards of §18.50, BMC and must demonstrate a geographic and service relationship to the residential development. (c) Adaptive reuse of historic buildings: Two points for each 10 percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each 10 percent of total commercial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of 1/3 of the performance points required to be earned. (d) Underutilized and brownfield sites: One point for each 50 percent increase in the total square footage of commercial and/or industrial floor area on underutilized sites; 1 point for each 50 percent increase in the total number of dwelling units on underutilized sites; 1 point for each acre developed of the environmentally contaminated land; up to a total of 1/3 of the performance points required to be earned. (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? 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. 1114 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-13 For purposes of this section, “limited commercial development” means uses listed in the B-1 neighborhood service district (Chapter 18.18, BMC), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. (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? (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? (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (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? (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (6) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in Chapter 18.16, BMC, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to Chapter 17.02 BMC shall be excluded in the base density upon which the density bonus is calculated. (7) Limited Commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? (a) If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? (b) If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? 1115 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-14 (c) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? c. Commercial. Planned unit developments in commercial areas (B-1, B-2 and B-3 zoning districts) may include either commercial or multi-household development, however adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the Bozeman area. (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? (3) Is the project on at least two acres of land? (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.? (5) Is it compatible with and does it reflect the unique character of the surrounding area? (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? (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? (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? d. Industrial. Planned unit industrial developments in industrial areas (M-1, M-2 and BP zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community. The particular types or combination of uses shall be determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site? (2) Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely? More intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered by the other uses. (3) Does the project utilize a landscaping theme that will tie adjacent uses or projects together? (4) Is the project being developed on land substantially surrounded by property approved for development or developed property with existing services and utilities already available? 1116 Exhibit J Ordinance # 1709: Effective August 2, 2007. page 36-15 (5) Does the project provide for outdoor recreational areas (e.g., additional landscaped areas, open space, trails or picnic areas) for the use and enjoyment of those working in or visiting the development? 18.36.100 NORTH 19TH AVENUE/WEST OAK STREET ENTRYWAY CORRIDORS A. Intent and Purpose. It is the intent and purpose of this section to establish the planned unit development (PUD) review procedures as a method to guide future growth and development within the area of the North 19th Avenue/West Oak Street Corridor Master Plan. It is further intended to ensure that future growth and development will occur in accord with the goals and objectives of the North 19th Avenue/West Oak Street Corridor Master Plan and it successors as a subarea plan to the Bozeman Growth policy. B. Application. Planned unit development provisions shall apply to all nonresidential development proposals located in the North 19th Avenue and West Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the City of Bozeman’s Official Zoning Map as follows: 1. North 19th Avenue. (Class I and Class II corridor) All nonresidential development within the North 19th Avenue Entryway Corridor, between Durston Road and the North 19th Avenue-Interstate 90 Interchange, measured 660 feet from the centerline of North 19th Avenue, exclusive of the following: a. Between Durston Road and the south boundary of Covered Wagon Mobile Home Court, a Class II entryway corridor overlay classification shall be applied to the east side of North 19th Avenue, measured 330 feet from the centerline of North 19th Avenue. 2. West Oak Street. (Class I and Class II corridor) All nonresidential development within the West Oak Street Entryway Corridor between North 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the centerline of West Oak Street; or b. Between North 19th Avenue and the east boundary of Rose Park, measured 330 feet from the centerline of West Oak Street. C. It is required that any developments subject to this section comply with all of the specific development standards of the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of the Design Objectives Plan for North 19th Avenue/West Oak Street Corridors. 1117 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-1 CHAPTER 18.40 STANDARDS FOR SPECIFIC USES 18.40.010 PURPOSE The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. 18.40.020 APPLICABILITY All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards. 18.40.030 ACCESSORY DWELLING UNITS A. An owner or the owners of real property may establish and maintain an accessory dwelling unit, either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit: 1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The City may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in §18.74.080.B, BMC, as a condition of approval; 2. In addition to the parking required for the principal residence, one paved off-street parking space is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be located on the lot and may not utilize the on-street parking provisions of Chapter 18.46, BMC; 3. The occupancy of the accessory dwelling unit does not exceed two persons; 4. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997; 5. No permit for an accessory dwelling unit shall be granted unless the lot has been configured to accept an accessory dwelling unit with adequate lot area, utility services, and compliance with setbacks and height standards; 6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less than five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation.; 7. Second story additions on detached garages shall be approved only if found compatible and consistent with the character and fabric of the neighborhood; 8. Only one accessory dwelling unit may be created per lot; and 1118 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-2 9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the following criteria: a. The accessory dwelling unit is created only in a single-household detached dwelling unit on a lot of 6,000 square feet or more; b. The accessory dwelling unit does not exceed one-third of the total area of the principal structure; c. The accessory dwelling unit is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than 10 percent of the principal structure’s existing living area (exclusive of the garage); and d. If the entrance for the accessory dwelling unit is separate from the entrance of the principal structure, the entrance shall only be located in the rear or side yards. 10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34, BMC. 11. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit. If the following conditions are not met the dwelling shall be reviewed under the provisions of §18.34.090, BMC. 1. In addition to the parking required for the principal residence, the minimum number of required paved off-street parking shall be provided for the exclusive use of the accessory dwelling unit; 2. The occupancy of the accessory dwelling unit does not exceed two persons; 3. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling units shall be permitted to be placed above garages; 4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more than a single bedroom. The method of calculating the maximum ADU square footage will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less than five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space shall be included in the maximum square footage calculation; 5. Second story additions on detached garages shall be approved only if found compatible and consistent with the existing character and fabric of the neighborhood; and 6. Only one accessory dwelling unit may be created per lot. 7. No deviations shall be granted to lot area requirements or parking requirements to allow the establishment of an accessory dwelling unit. In no case shall more than a total of two deviations be granted to allow the establishment of an accessory dwelling unit. 8. The accessory dwelling unit is located above a garage. C. The applicant shall comply with Building Department standards. 1119 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-3 18.40.040 ADULT BUSINESSES In addition to the requirements to be followed for all development established in this title, the following requirements shall apply to all adult businesses. A. An adult business must be separated by at least a 500-foot radius from any other adult use, residence, residential district, school, place of worship, public park or any youth-oriented establishment. Subsequent establishment of one of the above listed uses within the required separation radius does not compel the relocation of an adult business. 18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted. 18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES In addition to the requirements to be followed for all convenience uses as defined in this title, and provided in §18.40.100 of this chapter, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the City. A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC; B. All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building; C. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; D. All lighting shall conform to Section 18.42.150; E. All structures approved under these standards shall be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building; F. All restroom entrances shall be screened from view of adjacent properties or street rights of-way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; G. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be specifically allowed in that zone; H. Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and I. Automotive Repair Facilities. 1. All repairs or painting shall be performed within a building; 2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; 1120 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-4 3. Any facility shall be designed to contain and minimize noise and odors; and 4. All facilities shall have a water quality facility (oil / water separator) as part of the water quality design for storm water runoff, and shall conform to Section 18.42.080. 18.40.070 AUTOMOBILE WASHING ESTABLISHMENT In addition to the requirements to be followed for all convenience uses, the following requirements shall apply to all auto washing establishments as listed below. A. All detergents must be biodegradable; B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent looking material; C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least once daily in order to remove litter; D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any period when establishment employees are not present; and E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC. 18.40.080 CEMETERIES A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of which at least 10 acres shall be subdivided and developed in the initial plot. B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and those industrial uses which are incidental to the operation of a cemetery. Industrial uses may include such things as the manufacture of burial vaults and headstone foundations, provided all of the products are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated in this section. 18.40.090 CONDOMINIUMS A. Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit Ownership Act, §70-23-102 et seq., MCA, and all regulations adopted pursuant thereto. B. Condominium Association. A condominium association shall be established for each condominium development. The developer shall prepare bylaws for the condominium association, as well as covenants, conditions and restrictions for the condominium development, in compliance with Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions shall be submitted to the City for review and approval prior to the granting of final site plan approval. C. Internal circulation in a condominium development shall be designed in accordance with Chapter 18.46, and shall not have to comply with Section 18.44.020. D. Condominiums may be subject to Chapter 17.02, BMC. 18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS A. Architectural Guidelines. 1. All convenience uses shall be designed with an architectural and design character that is appropriate for and compatible with the area, and shall also comply with all applicable design standards and guidelines including the Design Objectives Plan for entry way corridors; 1121 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-5 2. Use of standardized corporate identification themes integrated into the architectural design is generally not acceptable. Excessive use of such themes may be used as grounds for denial of the project; 3. When located in shopping centers, the architectural character of the building shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks and signage shall be integrated with the entire design theme of the project; and 4. The elevation design of the building shall provide design character and detailing on all four sides. B. Noise from drive through speakers shall not be audible from adjacent residential districts. 18.40.110 HOME BASED BUSINESSES A. Generally. A home based business is a use that is considered accessory to a dwelling unit. Buildings combining live/work arrangements located in districts where both the residential and nonresidential uses to be combined are permitted are not subject to the requirements of this section. B. Home Based Business as Accessory Use 1. The use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling or adversely affect the uses permitted in the residential district of which it is a part. The home based business may not be conducted in an accessory structure, and shall comply with the standards of subsection C below. 2. Purpose. It is in the intent of this section to eliminate as accessory home based businesses for all uses except those that conform to the standards set forth in this section. In general, an accessory home based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by Chapter 18.52, BMC. The standards for home based businesses included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as an of right home based business. 3. Necessary Conditions for Accessory Use. Accessory home based businesses are permitted accessory uses in residential districts only so long as all the following conditions are observed: a. Such home based business shall be conducted by resident occupants in their residence with not more than one on-premise halftime nonresident employee; b. No more than 25 percent of the gross area of all structures shall be used for such purpose; c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure; d. No home based business shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling 1122 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-6 and home based business purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home based business; f. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. Depending on the individual circumstances of each application, an additional off-street parking space may be required; and g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home based business exists. 4. Notice of Intent to Operate an Accessory Home Based Business. Any individual applying for a business license, with the intent of operating the business from his/her home, shall acknowledge by signature his/her understanding of the requirements and conditions of this title. C. Home Based Business as Conditional Use. 1. Purpose. The use shall be secondary to the use of the lot for residential purposes and shall not be incompatible with the character of the zoning district thereof or adversely affect the principal uses permitted in the residential district of which it is a part. When a home based business has been established through the CUP process, it means that the owner, lessee or other persons who have a legal right to the use of the dwelling also have the right to conduct the home based business whether in the principal or an accessory structure. The home based business shall comply with the standards of subsection C.3 below. 2. Conditional Use. It is the intent of this section to provide, through the conditional use process established in Chapter 18.34, BMC, opportunities for home based businesses which are more intensive in nature than those which would be allowed as an accessory use. In general, a home based business approved through the conditional use process is an accessory use which complies with the requirements of this title and is subordinate to the primary use of the particular lot for residential purposes. The standards for home based businesses included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. A secondary, but not incidental, status in relation to the residential use of the main building is the criteria for determining whether a proposed use may, under certain circumstances, qualify as a home based business which may be approved by the conditional use process. As stated in §18.34.010, BMC, conditional uses start from the presumption that they are incompatible with the zoning district but may under specific and limited conditions become compatible. Unless such conditions are found, there is no right to the practice of a home based business which does not comply with the terms of an accessory home based businesses as listed in this section. 3. Necessary Conditions for Conditional Use. Home based businesses permitted through the conditional use permit process are allowed in residential districts only so long as all the following conditions are observed: a. Such home based business shall be conducted by resident occupants with not more than one on-premise halftime nonresident employee; b. No more than 30 percent of the gross area of all structures shall be used for such purpose; 1123 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-7 c. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use; d. No home based business shall cause an increase in the use of any one or more utilities operated by the City of Bozeman so that the combined total use for dwelling and home based business purposes exceeds the average for residences in the neighborhood; e. There shall be no outside storage of any kind related to the home based business; f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this title; g. Home based business by conditional use permit may only be allowed on lots occupied by single-household detached dwellings; h. Such conditional use shall be subject to all conditions set forth in this title, except the provisions of §18.48.060, BMC, Landscape Performance Standards; and i. All permits required by the City, including, but not limited to, building permits and business licenses, shall be received prior to establishing the home based business. 4. Home Based Business Allowed Through a Conditional Use Permit. Any individual seeking to operate a home based business, which is greater in scope than that allowed by an accessory home based business, shall make application for a conditional use permit under the terms of Chapter 18.34, BMC. The Planning Director shall determine if a home based business requires a conditional use permit. D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home based business. However, should such complaint be filed, the operator is entitled to an appeal to the City Commission for a public hearing. The City Commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home based business. E. Uses That Are Prohibited. The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home based businesses and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home based businesses: adult businesses; auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering. F. Appeal to City Commission. Any person may appeal the Planning Director’s action relating to a home based business to the City Commission as provided for by Chapter 18.66, BMC. 18.40.120 MANUFACTURED HOME COMMUNITIES Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. These will be reviewed concurrently when appropriate. All standards of this title are applicable unless explicitly waived. A. State of Montana Requirements. All manufactured home communities developed under this section shall comply with Montana State Department of Public Health and Human Services, Department of Environmental Quality and any other applicable state regulations. Prior to final 1124 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-8 approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the State of Montana. B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans. 1. Utility Hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City codes, and all utility distribution and service lines shall be installed underground. 2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the City Building Department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. 3. Maintenance. a. There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. b. No manufactured home may be parked on a public or private street for more than twenty-four hours. c. An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the Fire Marshall and may not be kept on a lot for more than forty-five days. d. Each manufactured home must bear an insignia which attests that the construction of the manufactured home meets regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. e. Within twenty-one days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation. f. All required front yards of lots for rent or lease for manufactured homes shall be fully landscaped. g. All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated. 4. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. C. Permits and Inspections. 1125 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-9 1. Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers ofthe rental community to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits. 2. Move In Permit Required. All manufactured homes moved into the City must be issued a move-in permit, pursuant to this section, and be inspected by the City Building Official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. 3. City Inspection Required. a. The required inspections for manufactured homes shall include: onsite utilities requirements including gas, electric, sewer and water; setback requirements; and off-street parking requirements. Fees for these have been established by the City Commission by resolution. b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the City Building Official. 4. Non-Manufactured Home Improvements Subject to the International Building Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit, fees for which are set by the International Building Code and Uniform Mechanical Code. D. Plans. The preliminary and final plans shall accurately depict: 1. All proposed and required landscaping; 2. Locations of storage areas for recreational vehicles and other chattels of the residents; 3. A layout of typical lots for rent or lease showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces; 4. Mail delivery area; and 5. Foundation and anchoring details. E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yard, and shall otherwise comply with the requirements of this title. F. Landscaping may be required by the City Commission to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by case basis, with the City considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets. G. Recreation Areas. At a minimum, the amount of land required to be dedicated under §18.50.020, BMC, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. 1. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the City commission that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks. 1126 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-10 H. Accessory Buildings. Accessory buildings for individual dwellings are subject to §18.38.050, BMC. 18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS A. Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80, BMC, in specified zoning districts in which similar single-household dwellings constructed on the site are permitted subject to requirements and procedures set forth herein to assure acceptable similarity in exterior appearances between such manufactured homes and dwellings that have been or might be constructed under these and other regulations on adjacent lots in the same district or area. It is the intent of this section to permit only those manufactured homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. B. Application, Material to be Supplied. One copy of the application for the proposed manufactured home on the individual building lot shall be submitted to the Building Department in conjunction with the application for a building permit for the building foundation. The application shall include all information as deemed necessary by the Planning Director to make determinations as to conformity with subsection C of this section, and it shall include a minimum of color photographs of all sides of the manufactured home, of the nearest existing residences or other grounds or buildings on each side of the proposed site, and of existing residences or grounds fronting upon the same street as the proposed site and opposite thereto, and also including those within 150 feet of each corner of the proposed site. As a minimum requirement, it shall also include a description of siding and roofing material in sufficient detail as to make possible determination as to its appearance and durability. C. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction. The following standards shall be used in determinations of acceptable similarity in appearance and construction between manufactured homes with permanent foundations and residences constructed near the site to assure that such manufactured homes will be compatible in appearance with site built housing that has been or may be constructed in adjacent or nearby locations. 1. No manufactured homes shall have fenestration or other features that will be incompatible in the residential neighborhood. 2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs or shall be compatible with conventionally built homes in the surrounding areas. The pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal run. Minimum distance from eaves to ridge shall be 10 feet. 3. The roofing material shall be shake, tile, composition shingle, or other materials commonly found on conventionally built homes in the surrounding areas. 4. The exterior covering material shall be similar or closely compatible to that found on conventionally built residential structures in the surrounding area. Reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel. 5. The exterior covering material shall extend below the top of the foundation. 6. A solid concrete or masonry perimeter foundation shall be used. 7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory buildings shall be compatible with the materials on the manufactured home. 8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of the lot, or similar to the conventionally built homes in the surrounding area. 1127 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-11 9. The manufactured home shall be located on the lot so that the home presents a primary entrance to the principal street frontage. Such primary entrance may be established by the presence of porches, overhanging gables, and similar architectural features consistent with the character of site built homes in the near vicinity. 10. Manufactured homes on permanent foundations shall meet all the property development standards for the zone in which they shall be located. These standards include, but are not limited to: lot area and dimension; area per dwelling unit; front, rear and side yard setbacks; building height, lot coverage, location of accessory buildings; and offstreet parking. 11. Manufactured homes located within the Neighborhood Conservation Overlay District shall be subject to review for a certificate of appropriateness under the same standards for architectural compatibility as other homes. 12. Manufactured homes shall be approved for location on individual building lots only if they have been certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. D. Actions by Planning Director. Upon receipt of an application as required by subsection B of this section, the Planning Director shall make a decision to approve or disapprove of the application within fifteen working days, or he may make referral to the City Commission. Referrals to the City Commission shall be placed on the agenda for its regular meeting. Within five working days after receipt of recommendations from the City Commission, the Planning Director shall make a determination as to conformity with subsection C of this section, notifying the applicants of approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in writing. 18.40.140 MINI WAREHOUSES A. Minimum site size shall be one acre. B. On-Site Circulation, Drives and Parking. 1. Each mini warehouse site shall provide a minimum of 2 exits; 2. All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel lane. Traffic direction and parking shall be designated by signing or painting; 3. All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel lanes; and 4. The parking lanes may be eliminated when the driveway does not serve storage cubicles. 18.40.150 OUTDOOR SALES AND DISPLAY A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be displayed beyond the confines of a building in any commercial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10 percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the total lot area. B. Outdoor sales and display areas shall not be located in any required yard and is also subject to §18.42.160, BMC. 1128 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-12 18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS A. A $10,000 site bond must be secured on the property. In addition, evidence of liability insurance, with coverage of $1,000,000 per occurrence, shall be furnished by the owner. B. Electrical service must be installed underground, in compliance with all electrical service codes, subject to approval by the Building Department. C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt or concrete surface, be anchored to resist accidental movement, be placed upon approved footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed trailers must remove the axle, be secured to resist accidental movement, with all related supports cosmetically covered with an approved material. D. Not more than one portable structure may be placed on a zone lot (individual property or contiguous properties held in common ownership). Portable structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in a manner that eliminates or interferes with the use of required parking spaces. E. Requests for special temporary use permits shall be subject to review and must be approved by the appropriate City department representatives, including but not limited to City Engineer, Fire Marshal, City Building Official and Planning Director. Permit coordination and final issuance shall be by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out Food and Beverage buildings shall be valid for a period of one year, and may be renewed annually thereafter only if all regulations and requirements are strictly complied with on a continuing basis. F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health Board. Documentation of such licensing, including a copy of plans for water supply and disposal, shall be provided to the planning director prior to permitting. G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving 30 days written notice of such revocation or termination, except that the City may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. H. Portable food and beverage buildings as described herein shall not be subject to certificate of appropriateness requirements for the neighborhood conservation and entryway corridors overlay districts. 18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND Recreational vehicle parks and overnight campgrounds are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures. A. Recreational vehicle parks shall be screened from view of any adjacent residential development. B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right-of-way. E. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. 1129 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-13 F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than 1,500 square feet in area. G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban District or a RMH, Residential Manufactured Home Community District zoning designation. Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R- S district. 18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE DEVELOPMENT GUIDELINES AND REQUIREMENTS A. Purpose. 1. The purpose of this section is to establish general development standards for large scale retail developments. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents living within the City of Bozeman. 2. These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed large scale retail developments. The particulars of any large scale retail developments will be evaluated against their respective standards contained in this chapter. It is expected that the quality and design of the large scale retail developments, while not necessarily complying with the exact standards of this chapter, will meet or exceed the intent behind these standards. 3. Applicability. All uses listed in this chapter shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply. B. Limitations on Size of Retail Stores. 1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet. 2. Retail development consisting of one or more single tenant building(s) greater than 40,000 square feet may offer for direct sale to the public merchandise, which is displayed outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 percent of the total square footage of the retail building(s) and shall also comply with §18.40.150, BMC. 3. Notwithstanding §18.40.180.B.1 and §18.40.180.B.2, BMC, when an otherwise lawful retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building shall be considered a development nonconformity. Said building may be continued, structurally altered, repaired or reconstructed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on March 21, 2003. To the extent practicable, the design and site development guidelines of this section shall be applied to any alteration, reconstruction or repair that takes place after March 21, 2003. 4. The following principal uses are exempt, as they pertain to outdoor sales and storage: a. Recreation vehicle sales and auto sales; b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and c. Plant nursery. C. Design and Site Development Guidelines for Certain Retail Developments. 1. Retail development consisting of a single tenant building greater than 40,000 square feet shall be subject to the design and site development criteria and development standards contained in subsection 5 and 6 below. These guidelines shall be applied as part of the review and approval process for use permits and detailed applications. For developments in the entryway corridor, which are also subject to the design guidelines in 1130 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-14 Chapter 18.30, BMC, if there is any conflict between the guidelines, the more restrictive guideline shall apply. The guidelines in this section shall not be applied to any development or portion of a development that is covered by an approved use permit as of March 21, 2003, unless modifications to the use permit are proposed by the applicant. 2. Intent and Purpose. All new construction of retail buildings described in subsection A above will be subject to design review. It is the intent and purpose of this section to ensure the quality of retail development will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this section, and by stimulating and assisting, in conjunction with other provisions of this title, improvements in signage, landscaping, access and other contributing elements of retail development appearance and function. It is further the intent of this section to establish design criteria, standards and review procedures that will allow the City and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities governed by this section. The recommendations of the Design Review Board or administrative design review staff shall be given careful consideration in the final action of any agency, board or commission involved in decisions involving retail developments governed by this chapter. 3. The Design Review Board and administrative design review staff shall have the powers and duties provided by this title in considering applications subject to this chapter. 4. Certificate of Appropriateness. A certificate of appropriateness, received from the City Commission, with a recommendation by the Design Review Board, shall be required as a condition of site plan approval for any development governed by this section. Application, review and public notice procedures for proposals governed by this section are set forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review Procedures for Site Development. A denial of a certificate shall be accompanied by a written statement of reasons for the denial. 5. Design Criteria and Development Standards. In addition to all other applicable review procedures and design criteria, all development governed by this section shall exceed design criteria and development standards contained in Chapter 18.30, BMC, Entryway Overlay District, including the general design objectives and guidelines contained in the adopted or updated Design Objectives Plan, regardless of location or zoning district. Said design criteria and development standards shall be exceeded through design practices such as additional architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy and/or recycled construction materials, and provisions for alternative modes of transportation. The City Commission shall determine whether established design criteria and development standards have been exceeded based on a recommendation from the Design Review Board. 6. Adaptability for Reuse/Compartmentalization. The building design shall include specific elements for adaptation for multi-tenant reuse. Such elements may include but are not limited to compartmentalized construction, including plumbing, electrical service, heating, ventilation and air conditioning. The building design shall also allow for: a. The interior subdivision of the structure into separate tenancies; b. Facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; c. Parking lot schemes that are shared by establishments or are linked by safe and functional pedestrian connections; 1131 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-15 d. Landscaping schemes that complement the multiple entrance design; and e. Other elements of design which facilitate the multi-tenant reuse of the building and site. 7. Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC. D. Additional Criteria and Site Development Guidelines for Certain Retail Developments. 1. Applications for large scale retail development shall include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the City Commission finds that: a. The plan conforms to the City’s growth policy and the requirements of this title or parts thereof for the municipality as a whole; b. A sound and adequate plan exists for said redevelopment; c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the City; and d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including but not limited to building, parking lot and surfacing, landscaping, signage and elimination of legible impressions, images, or remnants of signs remaining on a building or sign surface after the use for which the sign was permitted ceases to operate. 2. The City may enter into a development agreement with the owner of the real property and undertake activities, including the acquisition, removal or demolition of structures, improvements or personal property located on the real property, to prepare the property for redevelopment. A development agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the provisions of this title and offering recourse to the City if the redevelopment is not completed as determined by the City. E. Review. The provisions of this section shall be reviewed by the Commission in five years and updated as needed. 18.40.190 STABLE, COMMERCIAL A. The minimum property size shall be ten acres. B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot setback area subject to the setback requirements of the applicable zoning district. C. There shall be at least a 20-foot yard adjacent to any street. D. There shall be no shows or other activities which would generate more traffic than is normal to a residential area, unless the proposed site has direct access from an arterial street as set forth in the Bozeman growth policy. Permission for such shows and activities shall be obtained from the City. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic control and additional parking for cars and trailers. This letter shall be submitted to the Planning Director at least one month prior to the date of the show or activity. 1132 Exhibit K Ordinance # 1709: Effective August 2, 2007. page 40-16 E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4 feet, 6 inches in height. The design of these enclosures shall be shown on drawings submitted with the conditional use permit application. F. All laws applicable to the public health and appropriate care of animals must be complied with for the entire period of operation of the stable. G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by the Planning Director. H. Adequate parking for daily activities shall be shown on the site plan and improved to City parking standards. Additional parking, improved as determined by the Planning Director, shall be provided for shows or other special events. 18.40.200 TENNIS AND RACQUET CLUB A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to: 1. Increased automobile traffic; 2. Noise generated from within the site. B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet in height, and fencing may be required to be opaque by the Planning Director or City Commission. C. When the club is located within a residential zoning district, there shall be no shows, tournaments or other activity which would generate more traffic than is normal to a residential area, unless access is provided from an arterial street as set forth in the Bozeman growth policy. If access is not provided from an arterial street, permission for such shows and activities shall be obtained from the City Commission. Permission shall be requested in a letter with a site sketch that explains the nature and duration of the activity and accommodations for spectators, additional parking and traffic control. This letter shall be submitted to the Clerk of the Commission for City Commission consideration. D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the ADR or DRB. E. Hours of operation may be controlled by the City Commission. 18.40.210 COMMUNITY CENTER A. There shall be public street access on to an arterial or collector standard street within one block of the community center site. B. There shall be a 20 foot landscaped yard adjacent to any residential property. C. Each community center site shall provide a minimum of 2 ingress/egress points which comply with Section 18.44.090. 1133 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-1 CHAPTER 18.42 DEVELOPMENT STANDARDS 18.42.010 GENERAL STANDARDS A. Conformance. The design and development of all land uses shall conform to this title, adopted growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including any and all amendments thereto. B. Natural Environment. The design and development of all land uses shall be properly related to topography, and should, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. C. Lands Unsuitable for Development. Land which the Planning Director or City Commission has found to be unsuitable for development because of potential hazards such as flooding, land slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads shall not be used for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or greater shall be presumed unbuildable unless proved otherwise by the developer. 18.42.020 NEIGHBORHOOD CENTERS To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are 10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center shall be no less than one acre in size. The center shall be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements shall apply to all neighborhood centers: A. The geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: 1. The development would create parcels that are all nonresidential; 2. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center; 3. The site is constrained by the presence of critical lands; 4. The site is part of an approved subarea plan that shows the center in a different location; or 5. The topography of the site presents physical constraints on the property. B. With the exception of civic and neighborhood commercial center uses, the developer shall be responsible for installing all center-related improvements as part of the required development improvements. Improvements shall be installed with each phase when a multi-phase project is developed. Required improvements shall be based on the definition of each feature found in Chapter 18.80, BMC, and/or City standards. C. The neighborhood center shall have frontage along 100 percent of its perimeter on public or private streets or roads. The City may consider and approve the installation of streets along 1134 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-2 less than 100 percent, but not less than 50 percent, of the perimeter in accordance with Section 18.50.060. D With the exception of civic and neighborhood commercial center buildings and grounds, the center shall be considered a common area to be owned and maintained by the property owners or a property owners association. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. E. Areas within neighborhood centers used for park, square, green and/or square, that meet the following criteria, may count towards park land dedication requirements subject to review and approval by the City Commission, after receiving a recommendation from the Bozeman Recreation and Parks Advisory Board: 1. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and 2. The area provides active and/or passive recreation opportunities. F. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the City Engineer. However, any part of the center used for stormwater management shall not count towards park dedication requirements. 18.42.030 LOT A. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes shall be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes shall be permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints. Each lot shall contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot shall conform to this title, any growth policies, any relevant neighborhood or subarea plan, where officially adopted, and to any applicable regulations of the Montana Department of Environmental Quality. B. Division by Rights-of-Way. No single lot shall be divided by a public street, alley, or public or private utility right-of-way or easement, which would reduce the amount of buildable land to less than the minimum lot size required by this title for the applicable zoning district C. Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets; to provide access to development adjacent to limited access streets; to overcome topography or other physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an alley shall not be considered double/through or reverse frontage lots. D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. 1. Generally, homes on corner lots shall have the same orientation as homes on lots on the interior of the block, unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. E. Width. Lots shall have a width sufficient to allow normal construction without the construction encroaching on property lines, and shall comply with the building setback requirements of this title. 1135 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-3 F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements of Chapter 17.02, BMC, and for modular lots as allowed by subsection 18.42.030.K of this chapter, no lot shall have an average depth greater than three times its average width. G. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and radial to curved street or road lines. I. Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with §18.44.090.B, BMC to provide, among other things, adequate room for snow removal, lot access and utility easements. J. Civic Uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of street vistas, or in the neighborhood center. K. Modular Lotting. To promote the development of diverse residential and commercial land uses, and to provide consumer choice and flexibility, a modular lotting system may be used when subdividing land. If a modular lotting system is used, the following requirements apply: 1. Lots shall generally be 25 feet in width; 2. Lots shall be no less than 125 feet and no more than 175 feet length; and 3. A water and sewer service shall be provided to every other lot, unless attached townhomes on individual lots are constructed, then a water and sewer services shall be provided for every lot. 4. Modular lots created under the provisions of this chapter shall remain in an ownership so that they comply with required zoning standards for area, width, etc. as required by §18.60.030, BMC. L. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open space, utilities) are exempt from the provisions of this section. 18.42.040 BLOCKS A. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. B. Block Length. Block length shall not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. C. Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. D. Rights-Of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards; 1136 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-4 2. The pedestrian walks shall be maintained by the adjacent property owner(s) or by the property owners association. The party responsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and 3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of §18.44.080, BMC shall apply. E. Developments which have clearly delineated blocks shall use block numbers or letters, and each block shall contain its own grouping of lot numbers. 18.42.050 UTILITIES A. Utilities shall be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer shall provide adequate and appropriate utility easements in compliance with §18.42.060 of this chapter. 18.42.060 EASEMENTS A. Required Easements. Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 1. In subdivisions, all easements shall be described, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper easements documents shall be prepared for review and approval by the City of Bozeman, and filed at the County Clerk and Recorder’s Office. The easement documents shall be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 3. No lot shall be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this title for the applicable zoning district. B. Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this title, a note to that effect shall be placed on the final plat and/or final site plan as appropriate. b. Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction. c. If placed in a City right-of-way, easements shall be in a location required by and agreed upon in writing by all of the appropriate utility companies and the City Commission. 2. Easement Size. 1137 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-5 a. Front Yard Utility Easements. Front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. b. Rear Yard Utility Easements. The provision of rear yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear yard utility easements on each lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not adjacent to a public alley. c. Side Yard Utility Easements. The provision of side yard utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side yard utility easement shall be determined on a case-by-case basis based on the needs of the utility companies. 3. Private Utility Plans. a. When the concurrent construction option will be used, based on the provisions of §18.74.030.D, BMC of this title, private utility plans shall be included with the preliminary PUD submittal. b. Private utility plans shall be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the City’s Design Standards and Specifications Policy. 4. No building shall be constructed that encroaches on a private utility easement unless written approval from ALL utility companies is provided to the Planning Department. C. Public Utility Easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the City of Bozeman. 1. A public utility easement shall be granted for all public utility mains not located within public street right-of-way. An easement shall be at least 30 feet wide for either one or two utility mains. An additional 10 feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the City of Bozeman for large utility lines. 2. Public utility easements shall be provided for all meter pits and fire hydrants maintained by the City of Bozeman. 3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the City of Bozeman. D. Easements for Agricultural Water User Facilities. 1. Except as noted in subsection 2 below, the developer shall establish appropriate irrigation facility easements that: a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement shall facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements shall ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the 1138 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-6 development’s boundaries in quantities and in a manner that are consistent with historic and legal rights; and (2) A minimum easement width of 10 feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the irrigation facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the irrigation facility easement without the written permission of the facility owner. 2. The developer need not establish irrigation facility easements as provided above if the following provisions were met or will be met via the subdivision process: a. The average lot size is one acre or less and the subdivider provides for disclosure, in a manner acceptable to the City Commission, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided land. If the water rights have been or will be removed from the land within the development it shall be denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. 3 The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an irrigation facility or points of diversions thereon is proposed to be realigned or relocated, the developer’s professional engineer shall certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated irrigation facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 4. Stormwater from a development shall not be discharged to an irrigation facility. 5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer in use, the ditches shall be abandoned and filled. E. Other Easements. Public access easements for streets and trails shall be provided in accordance with the provisions of Chapters 18.44 and 18.50, BMC. 18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall comply with the following requirements: 1. The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by §18.38.030.D, BMC, and may be required by the City to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of State Department of Environmental Quality and the City of Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’s requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the City, and to the State Department of Environmental Quality, and shall 1139 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-7 obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. 2. The cutting of any City street shall be done in compliance with the City’s street cut policy. 3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains shall be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions, in which case a subdivision variance must be approved by the City Commission. B. Municipal Water Supply System - Additional Requirements. Municipal water supply system facilities shall also apply with the following requirements: 1. When the City’s municipal water main is extended, the length of a dead end water main typically shall not exceed 500 feet in length, unless approved in writing by the City Engineer and the Water and Sewer Superintendent. 2. The length of service lines from the main to the structure may not exceed 150 feet in length, unless approved in writing by the City Engineer and Water and Sewer superintendent. 18.42.080 GRADING AND DRAINAGE A. The developer shall install complete drainage facilities in accordance with the requirements of State Department of Environmental Quality and the City of Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’s requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications to the City of Bozeman and to the State Department of Environmental Quality (if applicable), and shall obtain their approvals prior to commencing construction of any drainage system facilities. B. Provisions shall be made for the control and drainage of surface water around buildings. Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or level of street, whichever is applicable, prior to final plat or final occupancy approval as appropriate. Exceptions may be granted by the City Engineer when adequate drainage facilities are provided. All drainage plans shall comply with the requirements of the International Building Code and International Residential Code as adopted by the City, and by this reference these standards are incorporated into and made a part of these regulations. C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user facility. D. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication requirement. Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. E. The City Commission may require the developer to establish easements or other perpetual controls to prevent encroachment or disruption of drainageways or facilities. F. Stormwater facilities shall generally not occupy more than one-third of a required front yard. 1140 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-8 G. All finish grades in landscaped areas shall comply with the provisions set forth in §18.48.050.L, BMC. H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A cross section and landscape detail of each facility shall be submitted with the final landscape plan for review and approval. Facilities with a slope up to and including 10% grade may be grassed and irrigated to blend into the adjacent landscaped area. 18.42.090 FIRE PROTECTION REQUIREMENTS All developments shall be planned, designed, constructed and maintained so as to minimize risk of fire and to permit the effective and efficient suppression of fires in order to protect persons and property. A. The placement of structures shall minimize the potential for flame spread and permit adequate access for fire fighting equipment; and B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water supply and water distribution system. 1. National Fire Protection Association (NFPA) standards for hydrant systems shall be met. 2. City of Bozeman’s requirements as contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 18.42.100 WATERCOURSE SETBACK Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002. These provisions shall apply to all developments granted preliminary plan or plat approval prior to July 10, 2002, including applicable subdivision exemptions: 1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. A minimum 35 foot setback shall be provided along both sides of all other watercourses. a. A portion of the required setback, immediately adjacent to the ordinary high water mark, shall be left in a natural vegetative state as follows: (1) East Gallatin River – 50 feet (2) Other Watercourses – 5 feet b. No fence, residential or commercial structure, fill material, parking or other similar improvements shall be located within required watercourse setbacks. c. All watercourse setbacks shall be measured from the ordinary high water mark as defined in §18.80.2160, BMC. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the streambank. 1141 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-9 B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10, 2002. These provisions shall apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. 1. In the event a site with an existing development, that is subject to §18.42.100.A, BMC, is submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the extent reasonably feasible given the existing site conditions. The final approval body for the proposed development shall determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief shall not reduce setbacks below those provided for in Section A. It is the intent of this subsection that full compliance with the terms of §18.42.100.B, BMC shall be achieved over time without unduly burdening existing development. 2. In addition to any relaxation of watercourse setbacks provided by subsection 18.42.100.B.1 of this section, nothing in this section shall prohibit an owner of affected property from: a. Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and subject to the requirements of Chapter 18.66, BMC; b. When applicable, seeking a deviation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of Chapters 18.28, 18.30 or 18.36, BMC; c. Combining two or more lots to assemble a larger and more usable parcel; d. Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin County Water Conservation District to seek the reclassification of the relevant watercourse as an irrigation facility not subject to the requirements of this section; e. After receipt of required permits relocating the watercourse; or f. Pursuing any other lawful means of relief from the effects of this section. 3. Setbacks. Unless otherwise specified in §18.42.100.B.5, BMC, the following setback requirements shall be met: a. East Gallatin River. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks. c. Other Watercourses. A minimum 50 foot setback shall be provided along both sides of all other watercourses. d. All required watercourse setbacks shall be extended as necessary to address these additional requirements. (1). The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in §18.42.100.B.3, BMC; (2). The setback shall include immediately adjacent wetlands (i.e. fringe). The buffer width shall be extended by the width of the wetland; (3). Areas with a slope greater than 33% do not count towards the width of the setback; and 1142 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-10 (4) The setback shall include connected wetlands. The buffer width shall be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. e. All watercourse setbacks shall be measured from the ordinary high water mark as defined in §18.80.2160, BMC. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the streambank. 4. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements shall be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this title. 5. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. a. On-site stormwater treatment facilities may be located in Zone 2. b. Trails and trail-related improvements may be placed within the required watercourse setback subject to the following provisions: (1) Trails, and trail-related improvements such as benches and trail signage, may be placed in Zone 2; (2) Limited, non-looping developed spur trails to the water’s edge may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; (3) Due to topography, avoidance of wetlands, or other geographical constraints portions of non-spur trails may need to be placed within Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails, per each side of the watercourse may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse; (4) All trails must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff. Trails shall be aligned to minimize damage to plant and wildlife habitat; and (5) Trails crossing the watercourse and trail-related bridge structures may be located within all zones provided that the appropriate local, state and federal permits are obtained. c. Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The following practices shall be observed: (1) Crossings shall be minimized to the greatest extent feasible; (2) Crossings with direct angles (90 degrees) shall be used to the greatest extent feasible instead of oblique crossing angles; (3) Construction shall be capable of withstanding 100-year flood events; (4) The subdivision grading and drainage plan shall be designed to prevent the discharge of untreated stormwater into a watercourse; and (5) A bank stabilization plan for all public construction watercourse crossings shall be prepared and approved by the City prior to site preparation and installation of the improvement(s). 1143 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-11 d. Outlets from stormwater treatment facilities may pass through all zones in order to discharge to the receiving watercourse, provided that all required permits are obtained. e. Control of noxious weeds is required and activities required within limits outlined in any approved noxious weed control plan may occur in all zones. 6. Setback Planting. A setback planting plan shall be prepared by a qualified landscape professional, and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule, and plantings shall be depicted on the plan as follows: a. Zone 1: Zone 1 shall be planted with new or existing native materials suited for a riparian area based on the following calculations. One hundred percent of the disturbed areas of Zone 1 shall be planted with a ground cover of native riparian sedges, forbs and grasses suited for the area. In addition, a minimum of one shrub for every 10 linear feet and one tree for every 30 linear feet of the watercourse shall be required along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that are appropriate to the soil hydrologic conditions (wetness of soil and depth to the water table) should be used. Tree and shrub species selected shall be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service (NRCS), the Montana Native Plant Society and the Gallatin Local Water Quality District (LWQD) are good sources of landscaping materials and/or landscaping information. b. Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native grasses suited for the area c. Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that irrigation is present for the trees and shrubs, and fencing is provided for the trees and shrubs, the number of required trees may be reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the watercourse along each side of the watercourse. d. Planting materials are exempt from the size requirements of §18.48.050.G.3 of this title. e. To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development shall be covered with existing vegetation or shall be seeded with native grasses as soon as seasonally feasible or prior to commencement of any site development or site preparation work. f. Native shall mean those plants which are native to the Gallatin Valley. g. Use native grasses, forbs, sedges and other herbaceous plants in areas of disturbance (e.g. bridges, culverts, utilities installation, trails) within the watercourse setback. Native woody plantings are required in all zones in disturbed and undisturbed areas. 7. Except for as otherwise allowed in §18.42.100.B.5 and 6, BMC, no disturbance of soils and existing vegetation shall occur in all zones. C. Other Provisions. 1. The watercourse setback shall be depicted on all preliminary and final plats and plans. 1144 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-12 2. These provisions do not apply to agricultural uses, including lands enrolled in the conservation reserve program (CRP), activities, and structures that existed prior to the effective date of these regulations. Any agricultural uses, activities or structures established after the effective date of these regulations shall comply with these regulations. An agricultural use, activity or structure shall be considered abandoned if not used for agricultural purposes for more than 180 consecutive days. 18.42.110 RIDGELINES AND VIEWSHEDS For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in Chapter 18.80 and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for ridgelines. A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a distance not less than 3 times its height above grade. The distance of the setback shall be measured perpendicular from the ridgeline. 1. Exception. In the event a building permit is sought for a lot approved or created prior to the effective date of this ordinance, January 1, 2004, the proposed development shall comply with this section to the extent reasonably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the proposed development shall determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such administrative relief shall not reduce setbacks below those required elsewhere in this title. 18.42.120 MAIL DELIVERY If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. 18.42.130 FENCES, WALLS AND HEDGES A. Location and Height. Except as provided in §18.44.100, BMC, fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed 6 feet in height in any required rear or required side yard. Fences exceeding 6 feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than 1 additional foot. Fences in excess of 6 feet in height require a building permit before installation may commence. Fences may not exceed 8 feet in height. 2. Do not exceed 4 feet in height in any required front yard or any portion of a required corner side yard that is forward of the rear edge of the building facade nearest the corner side yard. 3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be excepted. 4. The height of fences located in the B-3 district shall meet the requirements of this section for any provided, not required, yards. B. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining any Bozeman linear park shall have a maximum height of 4 feet. 1145 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-13 C. Construction and Maintenance. Every fence or wall shall be constructed in a substantial, workman-like manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the Building Official shall commence proper proceedings for the abatement thereof. D. Barbed Wire and Electric Fences. 1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in R-S districts; except that barbed wire or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2 districts. 2. When electrically charged fences are used in an R-S district, such fences shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way. E. Measuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall. F. “Finished” Side Out. Any fence or wall constructed so as to have only one elevation “finished,” which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property. G. Fencing of Utilities and Outdoor Storage Areas. 1. All utility substations, wells, storage facilities or other utilities shall be screened from view by a wall, fence, hedge or landscape screen. 2. All storage for commercial operations shall be conducted within a completed enclosed building or within an area completely enclosed, except for access points, by a wall, fence, hedge or landscape screen at least 6 feet in height. 18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS A. Affected Uses. Every hotel/motel with restaurant, conference center, restaurant, department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more shall provide off-street truckloading or unloading berths in accordance with the following table: 1. Any office building 100,000 square feet or larger shall have at least one off-street loading berth. Table 42-1 Square Feet of Aggregate Gross Floor Area Devoted to Such Use 15,000 square feet up to and including 40,000 square feet 1 40,001 square feet up to and including 100,000 square feet 2 For each additional 100,000 square feet 1 additional B. Standards for Off-Street Loading Facilities. All off-street loading facilities shall conform to the following standards: 1146 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-14 1. The first loading berth shall be at least 70 feet in length. Additional berths required shall be at least 45 feet in length unless certified by the property owner in writing that additional loading activity will take place exclusively with small delivery vans in which case the berth(s) shall be at least 25 feet in length. All loading berths shall be at least 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space. 2. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50 feet to any lot in any residential zone unless separated from such zone, except at the accesses, by screening not less than 8 feet in height. 3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. 4. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district. 5. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. 6. Bumper rails shall be provided at locations where needed for safety or to protect property. 7. No regular repair work or servicing of vehicles shall be conducted in a loading area. 8. Off-street loading facilities shall be located on the same site with the use for which the berths are required. 9. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. If more than one use is located on a site, and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. 10. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use. 11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements subject to the provisions of Chapter 18.74, BMC. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement. 12. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 18.42.150 LIGHTING A. Purpose. 1. Provide lighting in outdoor public places where public health, safety and welfare are potential concerns; 2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe travel; 1147 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-15 3. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; 4. Protect and maintain the character of Bozeman; 5. Prevent excessive lighting and conserve energy; and 6. Provide adequate lighting for safe pedestrian and bicycle travel. B. General. 1. With the exception of street lighting, lighting is not required. If installed, all lighting shall comply with the requirements of §18.42.150, BMC. 2. Unless otherwise approved through a planned unit development, this ordinance shall apply to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed lighting on the site. 3. The provisions of this section are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the Planning Director. The Planning Director may approve any such proposed alternate provided he/she finds that it: a. The lighting provides at least approximate equivalence to the applicable specific requirements of this section; and b. The lighting is otherwise satisfactory and complies with the intent of this section. C. Street Lighting. Street lighting consists of street lighting and pathway intersection lighting, and shall comply with the following requirements: 1. General. a. All street lighting shall be operated and maintained through the creation of a new SILD, through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. b. Individual yard lights on private property shall not be used for street lighting. 2. Street Lights at Intersections. a. Illumination Requirements. (1) Single Installation. The illumination requirement for an intersection street light, where only one light is required, shall be determined from Table 42-2 based on the functional classification of the street upon which the light is located. (2) Multiple Installation. For all intersections where more than one street light is required, all lights shall be within the same range for measured lumens. The illumination requirement shall be determined from Table 42-2 for the functional classification of the leg of the intersection with the highest requirement. b. Non-Signalized Intersections. A street light shall be installed at each non- signalized street intersection with the exceptions contained in subsections (1) and (2) below. (1) At intersections where the width of one or more of the approaches is greater than or equal to 50 feet, as measured to the back of curb or edge of pavement, then two street lights shall be installed on diagonally opposite corners. 1148 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-16 (2) At the intersection of two local streets a street light may be omitted if its installation would violate the spacing criteria contained in Table 42-2. c. Signalized Intersections. At signalized intersections where all approaches are narrower than 50 feet, as measured to the back of curb or edge of pavement, two street lights shall be installed on the diagonally opposite corners. At signalized intersections where the width of one or more of the approaches is greater than or equal to 50 feet, four street lights shall be installed, one on each corner. 3. Spacing of Street Lights. In addition to intersection locations, street lights shall be spaced along streets in accordance with Table 42-2. Table 42-2 Functional Classification Through Lanes Pedestrian Conflict Maintained Lumens (Minimum Maintained Average Values) Spacing Arterial 4/2 High 33000-22500 225/225 4/2 Low 22500-13500 300/275 Collector 4/2 High 22500-13500 250/225 4/2 Low 22500-8000 300/275 Local 2 Low 9500-8000 N/A1 Arterial - Commercial Center 4/2 High 33000-22500 200/175 Collector - Commercial Center 4/2 High 22500-13500 225/175 Local -Commercial Center 2 High 9500-8000 150 1Street lights are only required at intersections on local streets. 4. Street Light Location and Placement of Equipment. In addition to spacing requirements, the following layout criteria shall be used: a. When a street light location falls near an unlit intersection, the light shall be located at the intersection; b. Street lights shall be located at property lines to the greatest extent possible, but not in conflict with other utility service providers; c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15 percent. For the uniformity of appearance, the variance in spacing between adjacent spans should not be more than 15 percent; d. All proposed streets within the proposed subdivision, having a curve of 300 feet or longer in length, shall have a street light in the middle of the horizontal curve or as required by the City Engineer; e. A street light shall be placed at the terminal ends of center median islands having trees and/or other fixed objects not having a breakaway design for speeds of 25 miles per hour or greater; f. Wiring for street lights shall be underground; g. Additional street lights may be required by the City Commission when potential traffic hazards are identified during plan review; and h. For streets that are wider than 70 feet (from back of curb) the required street lights shall alternate on either side of the street. 5. Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per 1149 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-17 the manufacturer’s recommendations. Mounting heights shall be measured from grade and shall comply with the requirements of Table 42-3. Table 42-3 Maintained Lumens (Minimum Maintained Average Values) Mounting Height 9500-8000 25 feet 22500-9500 35 feet 33000-22500 38 feet 6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of pathways and streets, located within the proposed development or along existing streets or roads abutting the development, if said intersection is located in areas other than lighted intersections. All pathway lights shall comply with City of Bozeman specifications. Table 42-4 Average Horizontal Illuminance at Pathway in Maintained Footcandles Mixed vehicle and pedestrian 2.0 Pedestrian only 1.0 Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000. D. Site Lighting. 1. Parking Lot Lighting. Table 42-5 Basic1 Security2 Minimum Horizontal Illuminance in Maintained Footcandles 0.2 0.5 Minimum Vertical Illuminance in Maintained Footcandles 0.1 0.25 Uniformity Ratio, Maximum : Minimum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Society of North American, 1998. 1Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. 2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. 2. Building Entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) shall average 5.0 maintained footcandles. 3. Car Dealership Lighting. Table 42-6 Area Maximum Illuminance on Pavement (in Maintained Footcandles) Uniformity Ratio Maximum : Minimum Main Business Districts Adjacent to roadway 10 - 20 5:01 Other rows 5 - 10 10:01 Entrances 5 - 10 5:01 Driveways 2 - 3 10:01 Secondary Business Districts Adjacent to roadway 5 - 10 5:01 1150 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-18 Other Rows 2.5 - 5 10:01 Entrances 2.5 - 5 5:01 Driveways 1 - 2 10:00 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. 4. Service Station or Gas Pump Area Lighting. Table 42-7 Area Description Average Illuminance on Described Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building facades with dark surroundings 2 Service areas with dark surroundings 2 Landscape highlights with dark surroundings 1 Approach with light surroundings 2 Driveway with light surroundings 2 Pump island area with light surroundings 10 Building facades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998. 5. Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and pole foundation shall be appropriate for the proposed lighting and shall be installed per the manufacturer’s recommendations. Height shall be measured from grade. Except as allowed in Sections E and G, light poles for parking lot lighting shall not exceed 25 feet. 6. Site Lighting Installation and Maintenance. a. For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead. b. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of 5 feet outside the paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. c. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this ordinance. 7. Miscellaneous Site Lighting Specifications. Except as otherwise allowed in Sections E and G, all lighting shall comply with the following requirements: a. All outdoor lighting, whether or not required by this ordinance, 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. b. 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. 1151 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-19 c. Except for residential lights, street lighting, pathway intersection lighting and security lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. d. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. e. All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may only be used for monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their output beyond the sign. g. Floodlights, spotlights or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building façade and accent lighting shall not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building façade and spillover light is eliminated. (1) Directional fixtures used to illuminate flagpoles (State, United States and/or foreign nations) may project their output beyond the flagpole. h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. i. Translucent awnings and canopies used for building accents over doors, windows, etc., shall not be internally lit (i.e., from underneath or behind). j. Search lights, laser source lights or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the Planning Director. E. Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need to exceed illumination standards for general recreational needs in order to meet higher standards required for play. The City Commission may approve relaxations of these lighting standards provided that the following minimum standards are met: 1. Fixtures shall be at least 70 feet in mounted height measured from grade. 2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal louvers and external shields to help minimize light pollution. 1152 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-20 3. Fixtures shall be designed and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted (spillover levels at the property line shall not exceed 0.3 footcandles). 4. Lighting shall be extinguished no later than 1 hour after the event ends. F. Lighting Specifications for All Lighting. Light fixtures and standards shall be compatible with the surrounding area, the subdivision or site design, and the development’s character and/or architecture. 1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections E and G, all luminaires shall comply with the following requirements: a. In all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties. b. Fixtures shall be of a type and design appropriate to the lighting application. c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending light distribution and/or reduce direct or indirect glare. e. The installation of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until November 21, 2006 (the fifth anniversary date of the effective day of this ordinance), this provision shall not apply to any replacement bulb. G. Historic Lighting. The City Commission may relax lighting standards and requirements, with the exception of illumination levels, for the provision of historic lighting in the neighborhood conservation overlay district. Historic lights shall be proposed as an integrated part of an overall development plan. The historic preservation planner shall review and approve the proposed lighting for historic appropriateness. H. Post Installation Inspection. The City of Bozeman reserves the right to conduct post- installation nighttime inspections to verify compliance with the requirements of this ordinance, and if appropriate, to require remedial action at no expense to the City. I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action within 30 days. J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the person(s) responsible for the lighting and require appropriate remedial action within 30 days. K. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a security lighting installation in use on January 1, 2004, that does not conform to this ordinance and that is not otherwise required to be brought into compliance pursuant to this ordinance, shall be required to be in compliance 5 years after the date of enactment of this ordinance. Any other lighting fixture or lighting installation existing on the effective date of this ordinance that does not conform to the requirements of this ordinance shall be considered as a legal conformance. 1153 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-21 18.42.160 OUTDOOR STORAGE A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence not less than 6 feet tall. B. No storage of any type shall be permitted within any required yard, and shall be subject to § 18.40.150, BMC. C. All areas designated for vehicle and equipment storage shall be screened from view from the street and adjacent properties as per subsection A above. Vehicle and equipment storage areas shall not be subject to parking lot paving or landscape requirements, but shall be subject to drainage detention requirements and appropriate dust control requirements. 18.42.170 TRASH AND GARBAGE ENCLOSURES A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of 5 feet above grade from any abutting street or property. Trash enclosures shall comply with the following regulations: A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the City Sanitation Department. B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry walls or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the principle structure. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than 4 feet in height above grade. C. Exception. A garbage enclosure is not required for dumpsters accessed via an alley. 18.42.180 PROVISION OF AFFORDABLE HOUSINGRESTRICTED SIZE LOTS AND UNITS A. Purpose. This section establishes the requirements relating to the creation of lots for provision of moderate and low income housing. 1. The City’s adopted growth policy indicates the City’s desire to have a well balanced community with a range of housing available to its citizens. This includes housing for persons of low and moderate incomes. 2. The 2003 Housing Needs Assessment established the need for additional low and moderate income housing opportunities. 3. The City Commission has adopted an affordable housing policy giving direction for certain actions to help ensure the opportunity for affordable housing. 4. The City intends to create opportunities for greater low and moderate income housing opportunities by ensuring a supply of lots meeting minimum size requirements and providing other related means of addressing housing need. 5. Development of the minimum sized lots shall largely depend on the actions of the private land development process. 1154 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-22 6. It is the intention of the City to establish certain complimentary financial programs to aid qualifying parties to obtain housing. These programs are separate from the requirements of this title. 7. Compliance with this section meets the requirements of annexation agreements enacted prior to the date of this ordinance that require the provision of affordable housing. B. Applicability. Lands subdivided after the effective date of this ordinance shall meet the requirements of this section and shall have not less than a minimum net density of six units per acre when subdivided if: 1. The total area of such lands being subdivided for residential purposes in all phases is five acres or more in size; or 2. The land being subdivided is not intended for final development under the provisions of the R-S, Residential Suburban zoning district described in §18.16.010, BMC. C. Number of Restricted Size Lots Required. Every residential subdivision meeting the requirements of subsection B above shall have a minimum of 10 percent of the buildable net acreage dedicated to Restricted Size Lots (RSLs). A RSL shall not be greater than 5,000 square feet for single household detached dwellings and 3,000 square feet for single household attached dwelling units. The RSL designation shall be recorded with the final subdivision plat in a manner that will appear on a title search and include reference to the sunset provisions of this section. The requirements of this section may be met through any one or a combination of the following options. The option or combination of options shall be specified at the time of preliminary plat. A change of option affecting more than two lots after the preliminary plat has been approved shall constitute a material change to the subdivision and shall require reapproval of the subdivision by the City. 1. After creation of lots through the subdivision process and recording of the RSL restrictions with the final plat, offering for sale to any willing buyer the RSL lots for development as housing. 2. In lieu of designating the required number of RSLs for market sale with the final plat, the owner may provide a fee-simple transfer of title of buildable RSLs to the City. For the purpose of determining the number of RSLs required by this subsection the fee simple transfer of one RSL shall be equivalent to providing three RSLs for market sale. The City will utilize donated RSLs or the proceeds of sales of donated RSLs only for affordable housing. a. A fee simple transfer RSL can be provided within the annexed land being subdivided or may be provided off-site as allowed by subsection 3 below. The subdivision containing the off-site fee simple transfer RSL cannot be comprised on more than 50 percent RSLs without prior City Commission approval. The off-site fee simple transfer RSL shall be established and transferred to the City not later than the time of final plat approval of the subdivision responsible for creating the fee simple transfer RSL. 3. In lieu of designating RSLs within the land being subdivided, the owner may provide for comparable off-site RSLs at a ratio of 1:1. The subdivision containing the off-site RSLs shall not be comprised of more than 50 percent RSLs without prior City Commission approval. The off-site RSLs shall be established not later than the time of final plat approval of the subdivision responsible for creating the RSLs. 4. At time of final plat, in lieu of supplying the required number of RSLs, the owner may pay a “cash in lieu” fee to the City. The payment shall be calculated as the appraised 1155 Exhibit L Ordinance # 1709: Effective August 2, 2007. page 42-23 value per square foot of developed land within that specific subdivision at a time not sooner than 30 days prior to the time of final plat approval. The cost per square foot shall be multiplied by 5,000 in single household districts and by 3,000 in multi-household districts when smaller or multi-household aggregated lot for each required RSL. The appraisal cost shall be born by the owner of land being subdivided. The City will use payments in lieu of RSLs only for affordable housing. 5. Within multi-household zoning districts and with approval from the City Commission the area required may be assembled into larger lots to allow construction of affordable housing complexes. D. Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size restrictions of §18.16.030.C, BMC. Dwellings built on RSLs shall be known as Restricted Size Units (RSU). E. Automatic Termination Provisions. The provisions of this section shall be of no more effect after November 24, 2008, unless such date is extended by the City Commission by amendment to this section to establish a new date. 1156 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-1 CHAPTER 18.50 PARK AND RECREATION REQUIREMENTS 18.50.010 GENERAL Except as provided in §18.50.020.B of this chapter, all subdivisions and residential developments subject to Chapter 18.34, BMC, shall comply with the provisions of this chapter. 18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS A. The area required by §18.50.020.A 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 §18.50.100, BMC, subject to the standards of this title. 1. When the net residential density of development is known, three-one-hundredths (0.03) acres per dwelling unit of land shall be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the City Commission. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this title. c. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units at full buildout can be reasonably determined. d. The required area dedication or its equivalent shall not be required for any residential density in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density shall be 10 dwellings per acre. (2) For development within the R-3, R-4, and R-O zoning districts, the maximum net residential density shall be 12 dwellings per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings per acre. OR 2. If net residential density of development is unknown, .03 acres per dwelling of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development within the R-1, R-2, and R-MH zoning districts an area equal to that required for six dwellings per net acre. (2) For development within the R-3, R-4, and unless legally restricted from residential uses R-O zoning districts, an area equal to that required for eight dwellings per net acre. (3) For development within other zoning districts not previously specified and which are intended for residential development, the equivalent to an 1157 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-2 area dedication for six dwellings per net acre shall be provided as cash-in- lieu. b. 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: (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 10 dwellings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, and R-O zoning districts the land area equivalent 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. (3) 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. 3. Applicability to Site Plans. Section 18.50.020.A.2, BMC, shall not apply to subsequent site plan development located within major subdivisions which received preliminary plat approval after July 1, 1973 and which received final plat approval prior to October 1, 2005. 4. Special Case. The City has established Chapter 17.02, BMC to encourage the provision and development of affordable housing. a. The minimum number of workforce housing units required to comply with Chapter 17.02, BMC are exempt from the parkland dedication requirements of this chapter. Workforce housing units in excess of the minimum number shall provide parkland on the same basis as other development. b. The parkland requirement for development not otherwise exempted from dedication requirements shall be reduced by a 1:1 ratio based on the required square footage of the lot area necessary to provide minimum compliance with Chapter 17.02, BMC. For example, if 50,000 square feet of lots for workforce housing units are required then there shall be a reduction in the required parkland area of 50,000 square feet. (1) If the developer chooses to develop more than the required amount of workforce housing unit lots, the additional lot area square footage above the minimum required shall not further reduce the parkland area. (2) The reduction of parkland shall be allowed for WHUs and/or lots provided offsite of the responsible development but only to the extent of the required WHU lot area for the development applying for this parkland offset and only applied on the site of the development applying for the parkland offset. B. Exceptions. Land dedication or cash donation in-lieu of land dedication shall not be required for: 1. A minor subdivision. 2. Land proposed for subdivision into parcels larger than 5 acres. 3. Subdivision into parcels which are all nonresidential. 1158 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-3 4. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles or manufactured homes. 5. A subdivision in which only one additional parcel is being created. 6. An application reviewed under §18.34.050, BMC. C. Residential site plans: 1. For residential site plans for five or more dwelling units, does the configuration of open space otherwise required by this title provide for a minimum of 150 square feet of PRIVATE landscaped area per dwelling unit suitable for active recreational activities. Such required areas shall be configured in one or two areas not less than 600 square feet each, with a relationship between the length and width of such area(s) to not exceed 3:1, a slope of 10 percent or less, and without non-recreational structures or detention/retention ponds. Properties adjacent to a park, trail or other open space amenity shall be configured in such a manner as to complement and relate to the adjacent open space facilities. 2. For residential site plans unless otherwise provided through the subdivision or planned unit development review process, is an amount of park land or its equivalent equal to that required by §18.50.020, BMC for the proposed number of dwelling units set aside within the project boundaries, and configured for active recreational use by the residents of the project; or has the developer proposed to provide its equivalent as may otherwise be allowed by this title. 18.50.030 CASH DONATION IN-LIEU OF LAND DEDICATION A. The City Commission may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the City Commission shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the cash donation may not exceed the proportional amount not covered by the land dedication. C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land after it has been annexed and given an urban zoning designation. The City intends to obtain the highest value for cash-in-lieu of parkland that is allowable under Montana law. 1. It shall be the responsibility of the developer to provide an appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the developer. 2. When a land value must be established for cash-in-lieu of land dedication to satisfy the requirements of §18.50.020, BMC, and the value of the land in an unsubdivided, unimproved, but annexed and zoned condition can not reasonably be determined, the developer may provide an appraisal of residentially zoned property with a zoning designation that allows the density of dwellings proposed for development. 3. The appraisal provided for the purpose of §18.50.030, BMC shall be conducted not sooner than 90 days prior to the submittal of an application for final plat or final site plan approval. 1159 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-4 D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation shall be stated on the final plat or plan as appropriate. E. Where a cash donation has been accepted in-lieu of land dedication, the City Commission shall record in the meeting minutes why the dedication of land for parks and playgrounds was undesirable. F. Use of Cash Donations. 1. The City Commission shall use a cash donation for development or acquisition of parks to serve the development. 2. The City Commission may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The City Commission has formally adopted a Citywide park plan that establishes the needs and procedures for use of the cash donation. 18.50.040 PARK USE As part of an individual Park Master Plan, the developer shall indicate the proposed use of the park as active, passive, playground, ballfield, etc. However, the final use of the park shall be determined by the City Commission. 18.50.050 LOCATION A. General. The City Commission or Planning Director, in consultation with the developer, Recreation and Parks Advisory Board, and the Planning Board if applicable, may determine suitable locations for parks and playgrounds. Park land must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large block. B. Subarea or Neighborhood Plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision shall comply with the subarea or neighborhood plan for the location of parks. 18.50.060 FRONTAGE Park land shall have frontage along 100 percent of its perimeter on public or private streets or roads. The City may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: A. Necessary due to topography, the presence of critical lands, or similar site constraints; and B. 1. When direct pedestrian access is provided to the perimeters without street frontage; and 2. When additional land area is provided in the park to accommodate the off-street parking which would have otherwise been provided by the additional length of perimeter streets and the additional land is developed as a parking area; or 3. When additional land area is provided in the park to accommodate the off-street parking which would have been provided by the additional length of perimeter streets and, 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. 1160 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-5 18.50.070 LINEAR PARKS A. General. If consistent with a growth policy or Citywide park plan, and if reviewed and approved by the City Commission, linear parks shall be dedicated to the City to provide corridors for recreation pathways as defined in §18.50.110, BMC. 1. Pathway corridors within required watercourse setbacks shall not be dedicated to the City as linear parks and such land may not be used to satisfy park land dedication requirements. Instead, cash donation in-lieu of land dedication credit shall be granted only for the cost of constructing Class II or III recreational trails if public access is provided. The developer shall provide a detailed cost estimate for installation of the trail, for review and acceptance by the City, to determine the cash donation credit. a. Within required watercourse setbacks, a public access easement that is at least 25 feet in width shall be provided to ensure adequate room for the construction, maintenance and use of the trail. B. Width. To ensure adequate room for pathway construction, maintenance and use, linear parks shall be at least 25 feet in width. C. Maintenance. These areas shall be maintained in accordance with §18.50.110.E, BMC until an alternative method (e.g., a Citywide parks maintenance district) of funding and maintaining the linear park is established. 18.50.080 PARK DEVELOPMENT A. General. Developers shall consult any adopted Citywide park plan, and with the Recreation and Parks Advisory Board which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks shall be developed in accordance with the Citywide park plan and any approved Park Master Plan. At a minimum, all parks shall be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 1. Minimum Required Improvements Land Dedications. The subdivider shall be responsible for leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an underground irrigation system in compliance with City standards and specifications. a. Parks shall be seeded with drought tolerant grass seed. 2. Irrigation. The developer shall be responsible for irrigating the park area(s) until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners association shall be responsible for park irrigation. The property owners’ association could establish an improvement district to collect assessments to pay for irrigation. a. Wells shall be used to irrigate park land. B. Boundaries. The park boundary bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in length with no less than 2 feet driven into the ground. Each post must be labeled with a permanent glue on sign stating “Park Boundary” or “Property Boundary”. Other forms of boundary marking may be approved by the Planning or other appropriate department. C. Sidewalks. Sidewalks, when required within the development, shall be installed by the developer at points where the park borders or crosses public or private streets. D. Storm Water Detention/Retention Ponds. Stormwater retention or detention ponds may be located within public park land, but such areas shall not count towards the park land dedication 1161 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-6 requirement. Any stormwater ponds located on park land shall be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Storm water ponds shall not be located on private lots. Stormwater retention or detention ponds shall be maintained by the property owners association. E. Clean Up Required. The park area must have all fencing material, construction debris and other trash removed. 18.50.090 WAIVER OF PARK MAINTENANCE DISTRICT When required, the developer shall sign, and file at the County Clerk and Recorders Office, a waiver of right to protest the creation of park maintenance district(s). The waiver shall be filed with the final subdivision plat, or recorded at the time of other final approval. 18.50.100 WAIVER OF REQUIRED PARK DEDICATION The City Commission shall waive the park dedication or cash donation in-lieu of land dedication requirement if land equal to or exceeding the area of the dedication otherwise required by this chapter is set aside by one of the following means: A. The proposed development provides long-term protection of critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural interests; or aesthetic values; B. The proposed development provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; C. The development is a land subdivision created by rent or lease (i.e., manufactured housing communities and recreational vehicle parks) with land permanently set aside for parks or playgrounds within the subdivision for rent or lease for the common use of the residents of the development; 1. These park or playground areas shall be maintained by the property owners association. D. The developer provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision. 1. The land being developed shall be within the service area, as designated by an adopted Citywide park plan, of the dedicated park land; and 2. The developer must dedicate the off-site park land to the City of Bozeman; OR The developer must execute the appropriate public access easements on privately-owned land. The easements shall be held by the City of Bozeman. The City of Bozeman’s responsibilities for park land dedicated by easement shall be the same as for fee simple park land dedication. E. The developer provides land outside the development that affords long-term protection of critical wildlife habitat; cultural, historical, archeological or natural resources; agricultural interests; or aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds the area of the dedication otherwise required by this chapter. F. A subdivider may dedicate land to School District 7 to provide some or all of the land area required by § 18.50.020 BMC. The area dedicated to the school district may be used for school facilities or buildings, including but not limited to play grounds or other recreational facility. Any dedication to the school district shall be subject to the approval of the City Commission and acceptance by the Board of Trustees of School District 7. 1162 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-7 1. In approving a dedication of land to the school district the City Commission shall make affirmative findings that: a. Adequate public park land already exists within the vicinity of the dedicating subdivision to meet service standards established by the City’s parks master plan; b. The land is located within the city limits or within one mile of city limits; c. The school district has established a facility plan to demonstrate how the dedicated property will be utilized; d. The school district’s facility plan shall describe any coordination intended for joint use of the property by the School District and the City; and e. The option for cash-in-lieu of land described in §18.50.030, BMC shall not be used in place of a land dedication to the School District. 2. It shall be noted in a certificate on the plat and in any deed to the land that if School District 7 later chooses to dispose of the property, it shall revert to the City of Bozeman to be used for park purposes. The land shall be transferred to the City from School District 7 with clear title and in a condition meeting the minimum development standards for parks established in §18.50.080, BMC. G. If a tract of land is being developed under single ownership as a part of an overall plan, and part of the tract has previously been subdivided or developed, and sufficient park land dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the requirements of this section for the entire tract being developed, the City Commission shall issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. 18.50.110 RECREATION PATHWAYS A. General. Developers shall install pathways in accordance with this title, the growth policy, the Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide park plan, and any adopted Park Master Plan, and shall comply with City of Bozeman design specifications. B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals, this determination shall be made during the pre-application process. 1. Recreation Pathways. The City Commission may require developers to install recreation pathways, to provide recreational and physical fitness opportunities within the development, as part of the required development improvements. Recreation pathways include the following facilities: a. Pathways that do not connect major residential, employment, educational or service nodes; b. Pathways that connect parks, but do not connect major residential, employment, educational or service nodes; c. Pathways that are not ADA accessible due to topography; d. Pathways located within parks; and e. Class II and III trails. 2. Transportation Pathways. For the definition of transportation pathways, please see §18.44.110, BMC. C. Related Facilities. If pathways are proposed or required, stream crossings and other similar improvements, where necessary, shall be installed. Bridge design and construction shall comply 1163 Exhibit M Ordinance # 1709: Effective August 2, 2007. page 50-8 with City specifications and standards, and shall be submitted to the Planning Department for review and approval. Any necessary permits for bridges shall be obtained by the developer from the appropriate agency prior to installation of the stream crossings. D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks Advisory Board, and the trail shall be designed and constructed according to any adopted park or recreation plan or other City specifications and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications for recreational facilities and maintain a natural appearance. Trail plans and specifications shall be submitted to the Planning Department for review and approval prior to installation. E. Pathway Maintenance. Recreation pathways within the proposed development shall be maintained, in conformance with an approved maintenance plan, by the developer until 50 percent of the lots or condominium units are sold. Thereafter the property owners association shall be responsible for maintenance. The property owners association could establish an improvement district to collect assessments to pay for the maintenance. F. Pathway Easements. Where pathways cross private land or common open space, the proper public access easements shall be provided. Public access easements for pathways shall be at least 25 feet wide. G. Linear Parks. Corridors for recreation pathways may be dedicated to the City in accordance with §18.50.070, BMC. 1164 Exhibit N Ordinance # 1709: Effective August 2, 2007. page 72-1 CHAPTER 18.72 SUPPLEMENTARY DOCUMENTS 18.72.010 GENERAL When required, the supplementary documents described in this chapter shall be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block shall be used. 18.72.020 PROPERTY OWNERS ASSOCIATION A. General. If common property is to be deeded to the property owners association or similar organization, of if the property owners association will be responsible for the maintenance of the development’s streets, centers, landscaping in street boulevards, parkland or pathways, property owners association bylaws or the declaration of covenants, conditions and restrictions shall be prepared and recorded with the final plat. B. Bylaws or Covenants, Conditions and Restrictions Contents. The property owners association bylaws or declaration of covenants, conditions and restrictions shall contain the following information: 1. Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. 2. Common Land/Facilities. The legal description of the common land and a description of common facilities. 3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and payment of assessments, including the City of Bozeman. 4. Perpetual Reservation. Perpetual reservation and limited use of common property. 5. Right to Use. The right of each property or unit owner to use and enjoyment of any common property or facility. 6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association. 7. Assessments. A mechanism to assess the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums. Assessments shall require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided. 8. A mechanism for resolving disputes among the owners or association members. 9. The conditions and timing of the transfer of ownership and control of land facilities to the association. 10. Any other matter the developer or the City of Bozeman deems appropriate. 11. In the event it becomes necessary for a property owners association to retain an attorney to enforce any of the association bylaws or covenants, conditions and restrictions, then the prevailing party shall be entitled to reasonable attorney’s fees and costs. C. If the property owners association fails to install or maintain improvements according to approved plans, the City may, at its option, complete construction of improvements and/or maintain improvements in compliance with §18.72.030 and Chapter 18.74, BMC. The City’s representative, contractors and engineers shall have the right to enter upon the property and 1165 Exhibit N Ordinance # 1709: Effective August 2, 2007. page 72-2 perform such work, and the property owners association shall permit and secure any additional permission required to enable them to do so. The City shall bill the property owners association for any costs associated with the installation or maintenance of improvements. 18.72.030 COVENANTS The City of Bozeman may require covenants to be recorded with the final plat when it is determined they are necessary for the protection of the public health, safety and general welfare. All covenants shall be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat, they shall be contained in a separate instrument which shall be recorded with the final plat. The covenants may be required to include, but are not limited to, the following provisions: A. That all county declared noxious weeds will be controlled. B. A section addressing agricultural uses of neighboring properties in the following form: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. D. The property owners association shall be responsible for the maintenance of subdivision streets, common open space, centers, pathways, landscaping in street boulevards and/or parks. E. That any covenant which is required as a condition of the preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the City Commission. F. The condition and timing of the transfer of the property owners association from developer to the subsequent purchasers. G. Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City for maintenance. The same shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. If the common areas are deeded to a property owners association, the applicant shall record the proposed documents governing the association at the time of final plat filing. Such documents shall meet the following requirements: 1. The property owners association must be established before any residences or other properties are sold; 2. Membership in the association must be mandatory for each property owner with a specified method of assigning voting rights; 3. Open space restrictions must be permanent and not for a period of years; 4. The property owners association must be made responsible for liability insurance, taxes, and maintenance of common facilities; 5. The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities; and 1166 Exhibit N Ordinance # 1709: Effective August 2, 2007. page 72-3 6. The governing board of any such association shall consist of at least five members who shall be owners of property in the development. H. Common Area and Facility Maintenance Guarantee. In the event the organization or any successor organization established to own and maintain common areas and facilities, shall at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards shall be the responsibility of the property owners association. The City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. 3. These common areas and facilities shall include but are not limited to commonly owned open spaces, recreational areas, facilities, private streets and parking lots. These common areas and facilities shall also include but are not limited to public parks, squares, open space, recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City for maintenance. 4. The City shall assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. 1167 Exhibit N Ordinance # 1709: Effective August 2, 2007. page 72-4 I. Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat shall not be used for the construction of any structures not shown on the final plan. J. Covenants may not contain provisions which inhibit compliance with the requirements of Chapter 17.02, BMC for those developments subject to Chapter 17.02, BMC. Some examples are: privately required minimum home or lot sizes which can not be met. 1168 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-1 CHAPTER 18.78 SUBMITTAL MATERIALS AND REQUIREMENTS 18.78.010 GENERAL All applications and supplemental material, including all copies of plats and site development plans, shall be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for distribution. All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required. 18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS The developer shall provide the Planning Department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. These permits include, but are not limited to: A. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau, Fisheries Division, Montana Fish, Wildlife and Parks B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana Department of Environmental Quality C. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the Board of Supervisors, Gallatin Conservation District D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered by the City of Bozeman, Engineering Department E. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency F. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers G. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by Montana Department of Environmental Quality H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana Department of Natural Resources and Conservation I. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the Water Rights Bureau, Montana Department of Natural Resources and Conservation 18.78.030 SUBDIVISION PRE-APPLICATION PLAN The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and shall include: A. Sketch Map. A sketch map showing: 1. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines. 2. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdivision; existing streets, roads and easements within adjacent subdivisions and tracts; and the name of street or road that provides access from the nearest public street or road to the proposed subdivision. 1169 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-2 3. Location of all existing structures, including buildings, railroads, powerlines towers, and improvements inside and within 100 feet of the proposed subdivision. 4. Zoning classification within the proposed subdivision and adjacent to it. The zoning proposed for the subdivision, if a change is contemplated. B. Topographic Features. Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: 1. A current U.S. Geological Survey topographic map at the largest scale available with the subdivision clearly outlined. 2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in §18.78.020, BMC that have been obtained for the project. C. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including: 1. Location, size and depth of sanitary and storm sewers, water mains and gas lines. 2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities. D. Subdivision Layout. The proposed layout of the subdivision showing the approximate: 1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot. 2. Street location, right-of-way width, and name. 3. Easement location, width and purpose. 4. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimensions and areas. 5. Sites for commercial centers, churches, schools, industrial areas, condominiums, manufactured housing community and uses other than single-household residences. E. Development Plan. An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases. F. Name and Location. A title block indicating the proposed name, quarter-section, section, township, range, principal meridian and county of subdivision. G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of preparation. H. Variances. A list of variance requests which will be submitted with the application for preliminary plat application. I. Waivers. List of waivers requested from the requirements of §18.78.060, BMC shall be submitted with the preapplication. The DRC shall be responsible for granting waivers, and the Planning Department staff shall notify the developer in writing of any waivers granted from §18.78.060, BMC after the preapplication meeting or plan review. J. Parks and Recreation Facilities. The following information shall be provided for all land proposed to meet parkland dedication requirements: 1. Park concept plan, including: a. Site plan for the entire property; b. The zoning and ownership for adjacent properties; 1170 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-3 c. The location of any critical lands (wetlands, riparian areas, streams, etc.); d. General description of land, including size, terrain, details of location and history, and proposed activities; and e. Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas. K. Digital (PDF) copy of entire submittal. L. Affordable Housing. Describe how the subdivision proposes to satisfy the requirements of Title 17 Chapter 2, BMC. 18.78.040 SUBDIVISION PRELIMINARY PLAT The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information is required, surveying and engineering data shall be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws allow. The plat submittal shall include the following: A. Pre-application Information. All information required with the pre-application plan, as outlined in §18.78.030, BMC. B. Subdivision Information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. C. Streets, Roads and Grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. F. Perimeter Survey. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. G. Section Corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. H. Phased Improvements. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. I. Contours. Ground contours shall be provided for the tract according to the following requirements: Table 78-1 Where the average slope is: Contour intervals shall be: Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used) Between 10 and 15 percent 5 feet Greater than 15 percent 10 feet 1171 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-4 J. Waivers. List of waivers granted from the requirements of §18.78.070, BMC during the preapplication process shall be submitted with the preliminary plat application. K. Request for Exemption from Department of Environmental Quality Review. If the developer is proposing to request an exemption from the Department of Environmental Quality for infrastructure plan and specification review, the preliminary plat application shall include a written request from the developer’s professional engineer, licensed in the State of Montana, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request 18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS The following supplemental information shall be submitted with the preliminary plat. A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. B. Subdivision Map. Map of entire subdivision on an 8½” x 11", 8½” x 14", or 11" x 17" sheet. C. Variances. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based (refer to Chapter 18.66, BMC). D. Property Owners. A certified list of adjoining property owners, their mailing addresses and property description, including property owners across public rights-of-way and/or easements. The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels for all other subdivisions. E. Documents and Certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: 1. Covenants, restrictions and articles of incorporation for the property owners association. 2. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or driveways intersect state, county or city highways, streets or roads. 3. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary. 4. A draft of such other appropriate certificates. 5. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private. F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent. G. Application and Fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided. H. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all developments as directed by the County Weed Control District (district) in accordance with the Montana County Noxious Weed Control Act (§7-22-21, MCA). The developer shall have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds shall be submitted with the preliminary plat application. This plan shall ensure the control of noxious weeds upon 1172 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-5 preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements. I. Sanitation Information. When the subdivision does not qualify for the certification established in §18.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth in §76-3-622, MCA. 18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS The following list of preliminary plat application supplements shall also be provided for all subdivisions unless waived by the Development Review Committee during the pre-application process. The developer shall include documentation of any waivers granted by the City after the pre-application meeting or plan review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this title and the Montana Subdivision and Platting Act. The need for additional information shall be determined during the pre-application process. A. Surface Water. 1. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including: a. Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks. b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs, irrigation or drainage systems. 2. Description. Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. a. Describe proximity of proposed construction (such as buildings, sewer systems, streets) to surface waters. 3. Water Body Alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with Chapter 18.58, BMC, as appropriate. 4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this title, then a delineation of the wetland(s) shall be shown on the preliminary and final plats. 5. Permits. Include copies of any permits listed in §18.78.020, BMC that have been obtained for the project. B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in compliance with Chapter 18.58 of this title. C. Groundwater. 1. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table shall be determined from tests taken during the period of major concern as specified in writing by the County Environmental Health Department. Specific locations for test holes may also be determined by the County Environmental Health Department. 1173 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-6 2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. D. Geology - Soils - Slopes. 1. Geologic Hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity. 2. Protective Measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards referred to above. 3. Unusual Features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. 4. Soils Map. The subdivision shall be overlaid on the Gallatin County Soil Survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlargement of these maps could cause misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on- site investigation. The developer shall provide the following soil reports, which can be obtained from the NRCS: a. The physical properties and engineering indexes for each soil type; b. Soil limitations for building and site development, and water features for each soil type; c. Hydric soils report for each soil type. If hydric soils are present, the developer shall provide a wetlands investigation by a certified consultant, using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987); and d. The developer shall provide any special design methods planned to overcome the above limitations. 5. Cuts and Fills. Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. E. Vegetation. 1. Vegetation Map. On a plat overlay or sketch map: a. Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest. b. Identify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. 2. Protective Measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). 1174 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-7 F. Wildlife. 1. Species. Describe species of fish and wildlife which use the area affected by the proposed subdivision. 2. Critical Areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or “key” wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. 3. Pets/Human Activity. Describe the expected effects of pets and human activity on wildlife. 4. Public Access. Describe the effects on public access to public lands, trails, hunting or fishing areas. 5. Protective Measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside marshland as undeveloped open space). 6. The developer shall discuss the impact of the proposed development on fish and wildlife with the Montana Department of Fish, Wildlife and Parks (FWP). With the preliminary plat, the developer shall provide written documentation from FWP that: a. Verifies that FWP has reviewed the proposed plat; b. Lists any FWP recommendations; and c. Outlines any mitigation planned to overcome any adverse impacts. G. Historical Features. 1. Affected Areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision. 2. Protective Measures. Describe any plans to protect such sites or properties. 3. Describe procedures to be followed if any historic, paleontological, archeological, cultural sites, structures or object are found on site during site preparation and construction. 4. The developer shall discuss the impact of the proposed development on any historic features, and the need for inventory, study and/or preservation with the State Historic Preservation Office (SHPO). The developer shall provide written documentation from SHPO that: a. Verifies that SHPO has reviewed the proposed plat; b. Lists any SHPO recommendations; c. Outlines any plans for inventory, study, and/or preservation; and d. Describes any mitigation planned to overcome any adverse impacts. 5. Information on historical sites shall be prepared by a qualified professional, including persons with a professional or educational background in history, architectural history, archeology, art history, historic preservation, anthropology and cultural resource management. H. Agriculture. 1. Number of acres in production and type of production. 2. Agricultural operations in the vicinity, and other uses of land in the general vicinity. 3. The productivity of the land. 1175 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-8 4. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. 5. What measures will be taken, if any, to control family pets. 6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the continued maintenance of the fence. I. Agricultural Water User Facilities. 1. Type, description, ownership and users of facilities. 2. Written documentation demonstrating active use of facilities. If a facility is not being actively used, include a written plan for abandonment. 3. Describe any proposed realignment(s). All realignments must comply with all relevant requirements of state law. J. Water and Sewer. Provide an engineering design report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists to serve the proposed subdivision. K. Stormwater Management. A stormwater management plan shall be submitted with the preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots, including; 1. The plan shall depict the retention/detention basin locations, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. Stormwater receiving channels shall be clearly identified for all ponds. 2. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 3. Any necessary stormwater easements. L. Streets, Roads and Alleys. 1. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer shall demonstrate that the land to be subdivided has access onto a legal street. 2. Access to Arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with §18.44.090, BMC 3. Modification of Existing Streets, Roads or Alleys. Explain any proposed closure or modification of existing streets, roads or alleys. 4. Dust. Describe provisions considered for dust control on alleys. 5. Pollution and Erosion. Explain how street, road and alley maintenance will be provided to meet the Department of Environmental Quality guidelines for prevention of water pollution and erosion. 1176 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-9 6. Traffic Generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information. a. The report format shall be as follows: (1) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (2) Trip distribution; (3) Traffic assignment; (4) Capacity analysis; (5) Evaluation; and (6) Recommended access plan, including access points, modifications and any mitigation techniques. b. The report shall include the following information: (1) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (2) Traffic graphics, which show: (a) AM peak hour site traffic; (b) PM peak hour site traffic; (c) AM peak hour total traffic; (d) PM peak hour total traffic; (e) Total daily traffic (with site generated traffic shown separately). (3) AM and PM capacity analysis with an AM and PM peak hour capacity analysis provided for: (a) All major drive accesses that intersect collector or arterial streets or roads; and (b) All arterial-arterial, collector-collector and arterial-collector intersections within one mile of the site, or as required by the Director of Public Service during the pre-application review. 7. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. 8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. 9. Traffic Calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer shall provide written documentation of the following: 1. Affected Utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses. 2. Include a Description of. a. The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided. b. Estimated timing of each utility installation. 1177 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-10 c. The developer shall provide a written statement from the utility companies that the proposed subdivision can be provided with service. N. Educational Facilities. With the preliminary plat, provide a written statement from the administrator of the appropriate school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. O. Land Use. 1. Indicate the proposed use(s) and number of lots or spaces in each: a. Residential area, single-household; b. Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., duplex, four-plex); c. Planned unit development (number of units); d. Condominium (number of units); e. Manufactured housing community (number of units); f. Recreational vehicle park; g. Commercial or industrial; and h. Other (please describe). P. Parks and Recreation Facilities. The following information shall be provided for all land used to meet parkland dedication requirements: 1. Park plan, including: a. Site plan for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan; b. Drainage areas; c. Utilities in and adjacent to the property; d. The zoning and ownership for adjacent properties; e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks; f. Park landscaping plan, prepared by a qualified landscape professional in accordance with §18.78.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes; g. General description of land, including size, terrain, details of location and history, and proposed activities; h. Trail design and construction showing compliance with adopted City standards and trail classifications; i. The requirement for approval of the final park plan by the City Commission with a recommendation from the Bozeman Recreation and Parks Advisory Board prior to any site work; j. The requirement for a preconstruction meeting prior to any site work; j. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; k. Cost estimate and installation responsibility for all improvements; 1178 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-11 l. If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use shall be provided; and m. Soils information and analysis. 2. Park Maintenance. a. Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; b. Weed control plan, including responsible parties; and c. Plan for garbage collection, snow removal and leaf removal including responsible parties. 3. Irrigation Information. a. An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and b. If a well will be used for irrigation, a certified well log shall be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. 4. Phasing. If improvements will be phased, a phasing plan shall be provided including proposed financing methods and responsibilities. Q. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all subdivisions containing a neighborhood center. R. Lighting Plan. The following subdivision lighting information shall be submitted for all new subdivisions: 1. For subdivision applications where lighting is required or proposed, lighting plans shall be submitted to the City for review and approval, and shall include: a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this ordinance. c. Description of the proposed equipment, including fixture manufacturer’s cutsheets, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. d. The lighting plan shall be prepared, and certified for compliance with the City’s design requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives. e. Lighting calculations shall include only the illuminated areas; areas occupied by buildings or other non-lighted areas shall be excluded from calculations. 2. When requested by the City of Bozeman, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the City’s character. 3. Post-approval alterations to lighting plans or intended substitutions for approved lighting shall only be made after City of Bozeman review and approval. S. Miscellaneous. 1179 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-12 1. Public Lands. Describe how the subdivision will affect access to any public lands. Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. 2. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions should be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on-site or off-site land uses creating a nuisance. T. Affordable Housing. Describe how the subdivision will satisfy the requirements of Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots readily understandable. 1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the allowable building envelope shall be depicted. 18.78.070 FINAL PLAT A final subdivision plat may not be approved by the City Commission unless all certificates, with the exception of the Director of Public Service and the County Clerk and Recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval have been met. A final subdivision plat may not be filed with the County Clerk and Recorder unless all certificates, with the exception of the County Clerk and Recorder, have been complied with, signed and notarized. This shall include the Certification by the County Treasurer that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. A. A final subdivision plat may not be approved by the City Commission or filed by the County Clerk and Recorder unless it complies with the uniform standards for final subdivision plats (§8.94.3003, ARM). B. A letter from the City Engineer shall be submitted to the Planning Department with the final plat application, where applicable, certifying that the following documents have been received: 1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. 2. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway. C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding shall be entered into by the Weed Control District and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the Planning Department with the application for final plat approval. D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in §18.78.060.P of this chapter. E. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication 1180 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-13 requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. F. Affordable Housing. The developer shall provide a description of how the subdivision has complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots readily understandable. 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS Applications for all site plan approvals shall be submitted to the Planning Department on forms provided by the Planning Director. The site plan application shall be accompanied by the appropriate fee and development plans showing sufficient information for the approval authority to determine whether the proposed development will meet the development requirements of the City. A. General Information. 1. Complete, signed application including the following: a. Name of project/development; b. Location of project/development by street address and legal description; c. Name and mailing address of developer and owner; d. Name and mailing address of engineer/architect, landscape architect and/or planner; e. Listing of specific land uses being proposed; and f. A statement signed by the owner of the proposed development of their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body; 2. Location map, including area within one-half mile of the site; 3. List of names and addresses of property owners according to Chapter 18.76, BMC; 4. For all developments, excluding sketch and reuse/further development, a construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety. B. Site Plan Information. The following information is required whenever the requested information pertains to zoning or other regulatory requirements of this title, existing conditions on-site or conditions on-site which would result from the proposed development: 1. Boundary line of property with dimensions; 2. Date of plan preparation and changes; 3. North point indicator; 4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet; 5. Parcel(s) and site coverage information: a. Parcel size(s) in gross acres and square feet; b. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use; and c. Location, percentage of parcel(s) and total site, and square footage for the following: 1181 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-14 (1) Existing and proposed buildings and structures; (2) Driveway and parking; (3) Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc.; and (4) Public street right-of-way; 6. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel; 7. Location, identification and dimension of the following existing and proposed data, on- site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-of-way, unless otherwise stated: a. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director; b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet; c. On-site streets and rights-of-way; d. Ingress and egress points; e. Traffic flow on-site; f. Traffic flow off-site; g. Utilities and utility rights-of-way or easements: (1) Electric; (2) Natural gas; (3) Telephone, cable TV, and similar utilities; (4) Water; and (5) Sewer (sanitary, treated effluent and storm); h. Surface water, including: (1) Holding ponds, streams and irrigation ditches; (2) Watercourses, water bodies and wetlands; (3) Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis; and (4) A floodplain analysis report in compliance with Chapter 18.58 of this title if not previously provided with subdivision review; i. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement 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; (1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: (a) The name of the drainageway (where appropriate); (b) The downstream conditions (developed, available drainageways, etc.); and (c) Any downstream restrictions; j. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features; 1182 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-15 k. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict, a statement requiring lot accesses to be built to the standard contained in this section, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications; l. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant’s certification of ADA compliance; m. Fences and walls, including typical details; n. Exterior signs; o. Exterior refuse collection areas, including typical details; p. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in §18.78.060.R, BMC, if not previously provided; q. Curb, asphalt section and drive approach construction details; r. Landscaping (detailed plan showing plantings, equipment, and other appropriate information as required in §18.78.100, BMC); s. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species; t. Snow storage areas; u. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development; v. Existing zoning within 200 feet of the site; w. Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites; and x. Major public facilities, including schools, parks, trails, etc.; 8. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each; 9. The information required by §18.78.060.L, BMC, unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application; 10. Building design information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s); b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area; 1183 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-16 c. Floor plans depicting location and dimensions of all proposed uses and activities; and d. All onsite utilities and mechanical equipment; 11. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping; 12. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities; 13. Unless already provided through a previous subdivision review, a noxious weed control plan complying with §18.78.050, BMC; and 14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this title. 15. The information necessary to complete the determination of density change and parkland provision required by §18.50.020.B, BMC, unless such information was previously determined by the City to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development the park plan materials of §18.78.060.P, BMC shall be provided. 16. Affordable Housing. Describe how the site plan will satisfy any requirements of Title 17 Chapter 2, BMC which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. 18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Submittal Requirements for Certificates of Appropriateness. All development proposals requiring certificates of appropriateness (i.e. located in a neighborhood conservation or entryway corridor overlay districts) shall submit the following information in addition to any sketch plan, site plan or special development submittal requirements for the proposal: 1. Neighborhood Conservation Overlay District. Certain information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the Planning Department; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should be submitted and all pictures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; c. Sketch plan or site plan information, as per §18.34.050 or §18.34.060, BMC; 1184 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-17 d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; e. Materials and color schemes to be used; f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s proposed alterations; g. A schedule of planned actions that will lead to the completed alterations; h. Such other information as may be suggested by the Planning Department; i. It is further suggested that the applicant seek comments from the neighborhood or area; and j. Description of any applicant-requested deviation(s) and a narrative explanation as to how the requested deviation(s) will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. 2. Entryway Overlay District. a. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this chapter. b. If the proposal includes an application for a deviation as outlined in §18.66.050, BMC, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of Chapter 18.30, BMC. 18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS A These landscape regulations apply to a lot or site subject to plan review and approval outlined in Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan application unless the required landscape information can be included in a clear and uncluttered manner on a site plan with a scale where 1 inch equals 20 feet. B. Landscape Plan Format. The landscape plan submittal shall include: 1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and 2. Standard drawing sheet of a size not to exceed 24- by 36-inches. A plan which cannot be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with match lines. C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by: 1. A registered Montana landscape architect; 2. An individual with a degree in landscape design and two years of professional design experience in Montana; or 3. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional landscape design experience, of which two years have been in Montana. D. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the following information: 1185 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-18 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan; 2. Location of existing boundary lines and dimensions of the lot; 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot. 4. Project name, street address, and lot and block description; 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours); 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips; 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated; 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces; 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction; 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features; 11. A description of proposed watering methods; 12. Location of street vision triangles on the lot (if applicable); 13. Tabulation of “points” earned by the plan (see §18.48.060 of this title); 14. Designated snow removal storage areas; 15. Location of pavement, curbs, sidewalks and gutters; 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control; 17. Existing and proposed grade; 18. Size of plantings at the time of installation and at maturity; 19. Areas to be irrigated; 20. Planting plan for watercourse buffers, per §18.42.100, BMC, if not previously provided through subdivision review; and 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls. 18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also 1186 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-19 show site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. 18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS The following material shall be submitted for review with each planned unit development. A. Submittal Requirements for Pre-applications. The following information and data shall be submitted for pre-application review. The number of copies required shall be determined by the Planning Department: 1. Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land; 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site; and 3. A computation table showing the site’s proposed land use allocations by location and as a percent of total site area. B. Submittal Requirements for Preliminary Plans. The following information and data shall be submitted for preliminary plan review. The number of copies required shall be determined by the Planning Department: 1. Document Requirements. The following information shall be presented in an 8½- by 11- inch vertically bound document. The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms; b. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; c. A statement of planning objectives, including: (1) Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman growth policy; (2) Statement of: (a) Proposed ownership of open space areas; and (b) Applicant’s intentions with regard to future ownership of all or portions of the planned unit development; (3) Estimate of number of employees for business, commercial and industrial uses; (4) Description of rationale behind the assumptions and choices made by the applicant; (5) Where deviations from the requirements of this title are proposed, the applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of §18.36.090, BMC. The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion shall be described; 1187 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-20 (6) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and (7) Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling); d. A development schedule indicating the approximate date when construction of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas; e. One reduced version of all preliminary plan and supplemental plan maps and graphic illustrations at 8½- by 11-inches or 11- by 17-inches size. 2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of not less than 1 inch equals 100 feet, composed of one or more sheets with an outer dimension of 24- by 36-inches, showing the information required for site plans in §18.78.080, BMC plus the following additional information: a. Notations of proposed ownership, public or private, should be included where appropriate; b. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screening, fences, walls and other landscaping; and c. Attorney’s or owner’s certification of ownership. 3. Supplemental Plan Requirements. a. Viewsheds. (1) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (2) Describe and map areas of high visibility on the site as seen from adjacent off-site locations; b. Street Cross Sections if Different From City Standards. Street cross-section schematics shall be submitted for each general category of street, including: (1) The proposed width; (2) Treatment of curbs and gutters, or other storm water control system if other than curb and gutter is proposed; (3) Sidewalk systems; and (4) Bikeway systems, where alternatives to the design criteria and standards of the City are proposed; c. Physiographic data, including the following: (1) A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions shall include depth to groundwater measurements taken May 15th through September 15th; (a) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for describing soils and which provides good and sufficient evidence to establish the presence and depth of a seasonal water table, a 1188 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-21 land form position or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season high water table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (3) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; d. Preliminary Subdivision Plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this title relative to subdivisions, shall be submitted; e. Traffic Impact Analysis. Not withstanding the waiver provisions of §18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The Director of Public Service may require the traffic impact analysis to include the information in §18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement; f. Additional Studies and Plans. If the development’s compliance with the community design objectives and criteria is under question, the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; g. A proposed draft of a legal instrument containing the creation of a property owner’s association sufficient to meet the requirements of §18.72.020, BMC shall be submitted with the preliminary plan application. C. Submittal Requirements for Final Plans. 1. A completed and signed application form; 2. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development; 3. Site Plan Submittal Requirements. a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required, a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. b. The final plan site plan shall show the following information: (1) Land use data (same information as required on the preliminary site plan); (2) Lot lines, easements, public rights-of-way as per subdivision plat; (3) Attorney’s or owner’s certification of ownership; (4) Planning Director certification of approval of the site plan and its conformance with the preliminary plan; and (5) Owner’s certification of acceptance of conditions and restrictions as set forth on the site plan; 1189 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-22 4. Supplemental Plans. a. Final Landscape Plan. A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48, BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48, BMC; b. Final Subdivision Plat. An official final subdivision plat of the site must accompany the final planned unit development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits; c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR staff, engineering plans and specifications for sewer, water, street improvements and other public improvements, and an executed improvements agreement in proper form providing for the installation of such improvements, must be submitted to and approved by the City; and d. Open Space Maintenance Plan. A plan for the maintenance of open space, meeting the requirements of §18.72.040, BMC, shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan. 18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS The following information shall be submitted for all regulated activities proposed for regulated wetland areas: A. A description of the proposed activity; B. A description of why avoidance and less damaging alternatives have been rejected, if applicable; C. A site plan which shows the delineated wetland boundary, the property boundary, all existing and proposed structures and roads, watercourses and drainageways on the property; D. The exact locations and specifications for all proposed regulated activities, and the direct and indirect impact of such activities; E. The source, type and method of transport and disposal of any fill material to be used, and certification that the placement of fill material will not violate any applicable state or federal statutes and regulations; F. The names and addresses of all property owners within 200 feet of the subject property. The names and addresses shall also be provided on self-adhesive mailing labels; G. Copies of any Section 404 wetland permits already obtained for the site; and H. A completed wetland review application supplement. 18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT DECISIONS All appeals of Administrative Project Decisions shall include: A. Name and address of the appellant; B. The legal description and street address of the property involved in the appeal; C. A description of the project that is the subject of the appeal; D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80, BMC; 1190 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-23 E. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; F. Stamped, unsealed envelopes addressed with names of above property owners; G. Required appeal filing fee; and H. The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the Planning Director. 18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS All appeals of administrative interpretations shall include: A. Name and address of the applicant; B. The legal description and street address of the property, if any, involved in the appeal; C. A description of the property, if any, that is the subject of the interpretation appeal including: 1. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; 2. Location of all existing and proposed buildings; and 3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable; D. The names and addresses of the owners of the property and any other persons having a legal interest therein; E. List of names and addresses of property owners within 150 feet of the site, using the last declared county real estate tax records; F. Stamped, unsealed envelopes addressed with names of the above property owners; G. Required filing fee; and H. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this title. 18.78.160 SUBMITTAL MATERIALS FOR VARIANCES An application for a variance shall be accompanied by a development plan showing such information as the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient information for the Commission to make a proper decision on the matter. The request shall state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed until, all of the following is submitted: A. Name and address of the applicant; B. The legal description of the property involved in the request for variance, including the street address, if any, of the property; C. The names and addresses of the owners of the property and any other persons having a legal interest therein; D. List of names and addresses of property owners within 150 hundred feet of the site, using the last declared county real estate tax records; E. Stamped, unsealed envelopes addressed with names of above property owners; F. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; G. Location of all existing and proposed buildings; 1191 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-24 H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable; I. A clear description of the variance requested and the reasons for the request; J. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.C, BMC; K. Evidence satisfactory to the City Commission of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; and L. Required filing fee. 18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS The following information shall be submitted for review of wireless facilities as applicable. Failure to provide required materials will result in a determination that the application is incomplete and the application will not be processed. A. Submittal Materials. Table 78-2 Telecommunication Submittal Materials Micro- scale Small- scale Large- scale 1. A detailed written description of how the applicant has complied with, or will comply with, the applicable standards of this title, especially those of this chapter; X X X 2. An accurate photo simulation of the site with the proposed facility in place. The simulation shall be to scale, and depict all planned and expected antennae, including collocation of other carriers, on the facility. Landscaping which is not existing or proposed on the accompanying site plan shall not be included in the simulation unless it exists on adjoining properties; X X X 3. A statement of whether the proposed facility is exempt or non-exempt from environmental review under the Rules of the FCC; a. If the facility is claimed to be exempt, a detailed and specific citation to the Rules of the FCC indicating the section which details the relevant exemption provisions shall be included. If the facility is not exempt from environmental review, a copy of the environmental review shall be provided with the application, and the approval from the FCC for the site shall be provided to the City of Bozeman prior to the final site plan approval; AND b. If the facility is claimed to be exempt from environmental review, a statement shall be provided, under oath and notarized, that the proposed or existing facility does or will comply with FCC radio frequency emission guidelines for both general population/ uncontrolled exposures and occupational/controlled exposures as defined in the FCC rules. The provision of false information shall result in the immediate revocation of permits or approvals granted upon the basis of the false information and the cessation of operation of the offending facilities; X X X 4. When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC to provide the wireless communication services that the proposed facility is designed to support, or that licensing by the FCC is not required; X X X 5. A report providing a description of the large scale wireless facility with technical reasons and justification for its design and placement; X 6. A description of the maximum capacity of the large scale wireless facility as proposed and how the facility can be retrofitted or modified to accommodate changing user needs; X 7. Documentation establishing the structural integrity for the large scale wireless facility's proposed use including documented loading calculations for wind, snow and seismic forces under circumstances of maximum capacity loading prepared by a professional structural engineer licensed to practice in the State of Montana. Loading criteria shall be those set forth in the edition of the International Building Code most recently adopted by the City; and X 1192 Exhibit O Ordinance # 1709: Effective August 2, 2007. page 78-25 8. A statement of how the collocation requirements of Section 18.54.040.B, BMC, shall be met. X B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater in height, the applicant shall submit: 1. Propagation studies for the users of the proposed facility, including existing service coverage maps and whether the placement of the new site will require relocations of existing facilities, or a description of how and why the proposed site and facility size is required to provide service that is otherwise unavailable or substantially inadequate or is required for the introduction of a new service; 2. A statement of intent of how co-location on the facility will be addressed; 3. A statement of willingness to allow co-location at reasonable and customary rates by all technically feasible providers up to the structural capacity of the tower; 4. An inventory of all surrounding buildings or other structures greater than 50 feet in height within a radius of one mile of the proposed location with a listing of height and suitability for hosting the proposed users of the large scale wireless facility; 5. An applicant shall demonstrate in writing that there are no available openings on existing facilities which are feasible and that a new structure is necessary. Such demonstration shall address the criteria in §18.54.040.B, BMC; 6. A detailed explanation of how the large scale wireless facility will be maintained and how the maintenance and operations of the large scale wireless facility will be transferred to a third party should the applicant no longer retain ownership. Unless otherwise approved by the City, the responsibility of maintenance and operations shall transfer to the owner of the underlying property; 7. An explanation of how the applicant will provide a financial security for the removal of the large scale wireless facility in the event that it no longer serves telecommunications carriers. The financial guarantee shall be 150 percent of the estimated cost of facility removal and must be acceptable to the City; and 8. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time as provided for in §18.54.040.B, BMC. An applicant intending to construct a new large scale wireless facility shall provide letters of intent adequate to meet the requirements for leases set forth in §18.54.040.B, BMC. 1193 Workforce Housing Zoning Commission Resolution RESOLUTION NO. Z-06152A RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO TITLE 18, UNIFIED DEVELOPMENT ORDINANCE, CITY OF BOZEMAN MUNICIPAL CODE. --------------------------------------------------------------------------------------------------------------------- WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604, MCA; and WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604 and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and WHEREAS, the City of Bozeman has provided through Chapter 18.68, BMC a mechanism by which possible revisions to Title 18, Unified Development Ordinance, Bozeman Municipal Code may be suggested; and WHEREAS, a proposal regarding workforce housing was submitted as to the City Commission; and WHEREAS, the City Commission desired to have a focused community discussion on the matter of workforce housing; and WHEREAS, the City Commission directed the submitted proposal to be placed into a form which would enable public discussion of it merits and flaws; and WHEREAS, the drafted form created a new Title 16 in the Bozeman Municipal Code and revises Title 18; and WHEREAS, because the proposal would affect the Unified Development Ordinance, Title 18 BMC, which regulates zoning it was necessary for it to be properly submitted, reviewed, and advertised in accordance with the procedures set forth in Chapter 18.68 of the Bozeman Unified Development Ordinance; and WHEREAS, the proposal has been properly submitted, reviewed, and advertised in accordance with the procedures set forth in Chapter 18.68 of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Zoning Commission and Planning Board held a joint public hearing on Tuesday, July 18, 2006, to receive and review all written and oral testimony on the request for a text amendment; and WHEREAS, no written testimony was received prior to or at the public hearing; and 1194 earing with one in support, two neutral with uestions on the proposal, and 11 in opposition; and deficiencies in the proposed text amendment and commended changes to the text; and ozeman City Commission conducted public hearings on July 1, 2006 and August 7, 2006; and xtensive public comment was provided both for and against the proposed text am dment; and ing oard decided to appoint a task force to further consider the issue of affordable housing; and the task force, after extensive discussion, reported back a revised program in ebruary 2007; and and the Recreation and Parks dvisory Board to discuss the task force recommendation; and prepared plementing the task force recommendations for public review and consideration; and dations as well as Title 17 contain the other elements of the task force recommendations; and 8 were the subject of public notice itable to state law and local ordinance requirements; and 5, 2007 to consider the proposed amendments to Title 18, Unified Development Ordinance; nd of existing users and the possible pacts of waiving design review for affordable housing; and WHEREAS, 14 persons spoke at the public h q WHEREAS, the City of Bozeman Zoning Commission after additional consideration of the proposed amendment identified re WHEREAS, the City of B 3 WHEREAS, e en WHEREAS, the City of Bozeman City Commission after consideration of the proposed text, public comment, and changes recommended by the Zoning Commission and Plann B WHEREAS, F WHEREAS, the City of Bozeman City Commission received the report at a regular meeting and conducted a joint meeting with the task force A WHEREAS, the City of Bozeman City Commission directed ordinances to be im WHEREAS, the City of Bozeman prepared amendments to Title 18, Unified Development Ordinance reflecting the applicable task force recommen to WHEREAS, the proposed amendments to Title 1 su WHEREAS, the City of Bozeman Zoning Commission conducted a public hearing on June a WHEREAS, there was no public comment received in writing and two persons offered as testimony at the public hearing regarding parkland and the need to balance with affordable housing, and the need for new development to be respectful im 1195 WHEREAS, the City of Bozeman Zoning Commission after consideration of the proposed amendment and giving opportunity for public comment the Zoning Commission made a recommendation to the City Commission; and WHEREAS, the City of Bozeman Zoning Commission desired to provide a cautionary note to the City Commission regarding the need to carefully consider the impacts of the proposal on parkland, potential for conflicts between existing covenants and possible future affordable housing, and the need for design review and the need to carefully consider impacts of relaxing standards of design review; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Zoning Commission, on a unanimous vote of 5-0, recommends to the Bozeman City Commission that text amendment application Z-06152a be approved DATED THIS 5th DAY OF JUNE 2007 Resolution No. Z-06152a _________________________________ ________________________________ Andrew C. Epple, Director JP Pomnichowski, Chairperson City of Bozeman Department of City of Bozeman Zoning Commission Planning and Community Development 1196 Affordable Housing Support Currently in Place in the City of Bozeman June 1, 2006 City of Bozeman Non-Regulatory City of Bozeman Regulatory CAHAB – Advocacy and information clearinghouse, public entity in support of private efforts such as ASI on Oak Street Small minimum lot sizes and setbacks Community Housing Fund – Commission discretion to financially support housing Removed numerical dwelling unit density caps Affordable Housing Revolving Fund - Annual financial support for matching funds, grants, and loans – federal seed funds Allow mixed uses to enable additional housing areas and options with transportation efficiency Funding for HRDC Road to Home – Homeowner training and down payment assistance No minimum dwelling size beyond that required by building code Galavan/ Streamline (transit) – Annual financial support for transit services, relieves burdens of transportation Established reduced parking standards for affordable housing Community Needs Assessment for housing Allow manufactured housing within all residential zoning districts Efficient infrastructure planning and funding Allow modular housing within all residential zoning districts Fiscally responsible operation of the City Enabled Accessory Dwelling Units in all residential districts Limited bonding and other debt reduces tax load for interest payments Allowed increased lot coverage in R-4 districts Advance land use planning for greater surety in the development process to reduce risk, cost, and delay Affordable housing projects given priority in review scheduling Option to pay impact fees for affordable housing projects Affordable housing is community benefit for meeting performance standards for PUDs Other Non-Regulatory 57% of residential areas are zoned to allow multi- home development Montana Board of Housing – Reduced interest rate loans and reduced closing costs Park dedication requirements are capped so that higher densities are less costly CDBG – grant funds Alternative transportation options are a required essential part of all street design and development Section 8 – Cost support for housing expenses Allowed building heights have been increased Six dwelling per acre minimum Restricted size lots and dwellings Community residential facilities allowed as individual households in all districts when meet standards Community residential facilities allowed as in all residential districts as either principal or conditional use Page 1 of 2 1197 Exclusionary Zoning Elements* o Minimum floor area for dwellings (usually far in excess of actual need) o Exclusion of multiple household dwellings o Restrictions on the number of bedrooms o Prohibition on manufactured homes o Large lot frontage requirements o Large minimum lot size requirements *pp.40-41, The Legal Guide to Affordable Housing Development, American Bar Association, Chicago, IL 2005 Page 2 of 2 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207