HomeMy WebLinkAbout038 - Appendix W.1- PUDP Approval LetterPage 1 of 10
April 10, 2023 transmitted by Project Dox only
Boardwalk Properties, Inc c/o Michael Delaney
Intrinsik Architecture, c/o Tyler Steinway
RE: Application No. 19028; Ferguson Farms II Preliminary Planned Unit Development (P-
PUD)--Preliminary Conditional Approval.
Subject Property: 4250 Fallon Street legally described as Lot 5 of Minor Subdivision 295,
proposed to be replatted as Ferguson Farms II Subdivision, located in the SW ¼ of S10, T2 S,
R5 E of the P.M.M., Gallatin County, Montana.
Dear Gentlemen:
On March 7, 2023, the Bozeman City Commission met to consider your application for a preliminary
planned unit development (P-PUD) application to allow development of wholly commercial
development on the above-referenced property. The P-PUD application requested 26 deviations
from the underlying Urban Mixed Use (UMU) zoning district standards as well as other Bozeman
Municipal Code (BMC) standards. The Commission granted 24 of the 26 requested deviations,
declining to approve Deviation 5 (legal access to Lots) and Deviation 18 (screening of trash
enclosures). The specific 24 deviations granted by the Commission’s conditional approval are noted
below as are the conditions of approval and the required code provisions that must be addressed
with the submittal of a Final Planned Unit Development (F-PUD) application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions. The Motion approved by the Commission states:
“Having reviewed and considered the application materials, public comment, Community
Development Board/Design Review Board recommendations, and all the information
presented, I hereby adopt the findings presented in the staff report for application 19028 and
move to approve the Ferguson Farms II Preliminary Planned Unit Development application as
a Legacy Preliminary PUD, subject to the staff-recommended conditions and all applicable code
provisions with the exception of Condition 13, thereby approving Deviation No. 10.”
The City Commission’s review, deliberation and findings may be found under the linked minutes and
recorded video of the meetings located at this web page filed under the date 3/7/23:
https://www.bozeman.net/services/city-tv-and-streaming-audio
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Attached is the signed Findings of Fact and Record of Decision document by the City Commission.
The following are the deviations from the BMC that were granted by the City Commission.
APPROVED DEVIATIONS
Deviation
No.
BMC Code
Section
Subject Comment
1 Table
38.310.040.A
Allow the following uses as
principal permitted
Uses in the PUD: (1)
convenience uses; (2) sale
of
Alcohol for on-premise
consumption; (3) outdoor
Sale of goods in common
open space areas; (4) food
Courts within common
open space areas.
None
2 38.310.050.B Exempt development
within PUD that two
different
Groups of uses must be
provided within each site
Plan.
None
3 38.310.050.C Allow a single use to
exceed 70% of the total
gross building floor area in
the entire PUD Site.
None
4 Table
38.320.050
Form & Intensity Table:
Allows building heights of
up to 90 feet within the
PUD Site.
None
5 38.400.090.B.2 Legal & Physical Access:
All lots must have legal and
physical access to a public
street, alley or greenway or
trail corridor.
This deviation was not approved.
At a minimum, a publicly-accessible
vehicular easement from the lot to a
public street or alley must be
provided.
6 38.540.020.D Backing out of a parking
space onto a public street
is allowed.
This allows back-in angled parking
spaces along the internal streets
and alleys.
Page 3 of 10
7 38.510.020.F Allow a building with
facades that face two block
frontages to only have one
entrance.
The single entrance placement
should meet the hierarchy of F.2.a,
when possible.
8 38.510.020.F.7 Allow surface parking
adjacent to a street corner.
None
9 Table
38.510.030.B
The PUD represents a
Community Design
Framework Master Plan
pursuant to subsection L
and the Storefront Block
Frontage designations on
Resort, Fallon and
Ferguson street frontages
are changed to “Other”
Block Frontage
designations.
None
10 Table
38.510.030.C
For Landscape Block
Frontage streets, allow
100% surface parking
along the street frontage.
The parking lot screening
standards of 38.550.C.2 remain in
effect.
11 Table
38.510.030.C
Allow buildings to be
placed to the edge of the
property lines.
None
12 Table
38.510.030.C
Allow a reduction in the
minimum landscaped
buffer between the street
and off-street parking
areas for Block 3 from 10
feet to 6 feet.
Per Condition of Approval No. 2,
owners of lots facing a public
street, including Block 3, Lot 3,
and seeking to locate parking
spaces facing the street must
mitigate potential safety hazards
associated with vehicle headlight
glare to passing motorists by
providing a minimum 6-foot wide
landscape buffer between the
parking spaces and the street-
facing lot property line which shall
be planted with densely-spaced
evergreen shrubs which are a
minimum 5-feet tall at planting.
Page 4 of 10
13 Table
38.510.030.C
No requirement that the
area between the street
and the building be
landscaped, have a private
porch or patio space and/or
pedestrian-oriented space.
If ground-floor dwelling units are
provided within a building, the
Special Residential Block Frontage
safety and privacy standards of
subsection J shall apply.
14 Table
38.510.030.E
Allow buildings along the
Gateway Block Frontage to
be built to the property line
(no setback)
None
15 Table
38.510.030.I
Allow buildings to be built to
the property line along trail
frontages.
None
16 38.520.040. D.3 Allow buildings located
against pedestrian
pathways or sidewalks to
be built without
landscaping separating the
pedestrian from the
building (no foundation
plantings).
If ground-floor dwelling units are
provided within a building, the
Special Residential Block Frontage
safety and privacy standards of
subsection J shall apply.
17 38.520.040. D.4 Allow sidewalks of less
than 12 feet width when
next to buildings which are
100 feet in length or more
and abut parking lots.
The other provisions of D.4 shall
apply.
18 38.520.070. C.2 Screening of trash
enclosures.
This deviation was not approved.
Condition No. 6 states: “The
Applicant shall ensure that all trash
enclosures within the PUD Site are
properly screened to City standards
per 38.520.070.”
19 Table
38.540.050-3
Allows no minimum or
maximum parking
requirement for any non-
residential use within the
PUD Site.
None
20 38.540.050.A.4.b Bicycle parking may be
provided in a location
greater than 100 feet from
The UMU parking standard of
38.330.010.F.3 still applies.
Page 5 of 10
each building it is intended
to serve.
21 38.540.080 Exempts developments
within the PUD Site from
off-street loading berth
requirements.
If loading zones are provided, they
must meet the standards of this
section.
22 Table
38.560.060
Allows signs on all visible
sides of the building, not
just street frontages,
allowing wall signs on walls
adjacent to streets, interior
pedestrian walkways,
alleys, parking lots and
open space lots.
Condition of Approval No.10 states:
“Per UDC 38.560.060 and 080, a
Comprehensive Sign Plan must be
submitted with the Final PUD
application and must be approved by
the Director of Community
Development with the Final PUD
application submittal.”
23 38.400.050 Internal street and road
rights-of-way widths may
vary from City standards.
Granted, pending approval of each
ROW width design by the Director
of Transportation and Engineering
regarding public safety and
maintenance responsibilities.
24 38.400.050 Allows alternate street
designs.
Granted, pending approval of each
ROW street design by the Director
of Transportation and Engineering
regarding public safety and
maintenance responsibilities.
25 38.400.110.D The shared use
pathway/trail along Fallon
Street and Resort Drive
may be 8 feet in width.
Condition of Approval No. 3 allows
the Class I trails along Fallon Street
and Resort Drive to be reduced
from 10 feet to 8 feet.
26 38.410.070 Allows alternate water,
sanitary sewer and storm
water location than City
standards.
Granted, pending approval of the
facility location and design by the
Director of Transportation and
Engineering.
Page 6 of 10
REQUIRED CONDITIONS OF APPROVAL AND CODE PROVISIONS TO BE MET BY THE FINAL
PUD
The following conditions of approval and code provisions are required for the Final PUD submittal:
1. 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.
2. Owners of lots facing a public street, including Block 3, Lot 3, and seeking to locate parking
spaces facing the street must mitigate potential safety hazards associated with vehicle
headlight glare to passing motorists by providing a minimum 6-foot wide landscape buffer
between the parking spaces and the street-facing lot property line which shall be planted with
densely-spaced evergreen shrubs which are a minimum 5-feet tall at planting.
3. The existing Class I shared use trail abutting the Site along the Ferguson Avenue frontage shall
be widened from 8 feet to 10 feet by the Applicant and the Applicant shall install 8 feet wide
Class I trails along the Fallon Street and Resort Drive frontages, concurrent with any first phase
construction of this PUD Site.
4. Prior to approval of the Final PUD and approval of the associated Final Plat for this PUD Site,
the Applicant shall record proper legal lot access and a land use deed restriction for the
following 8 lots to provide adequate legal and physical access to public or publicly-accessible
streets or alleys: Lot 1A, Block 7; Lot 1A, Block 3; Lot 1B, Block 8; Lots 1B and 1C, Block 3;
Lots 1B and 1C of Block 7; and Lot 4 of Block 6. The deed restriction for Lot 1A, Block 7 and
Lot 1A, Block 3 shall limit the use of the land to surface parking to assure physical access to
the interior garage lots to address State law requirements for access.
5. To mitigate the heat island effect of the large expanse of pavement, to provide enhanced visual
cues to parking areas for customers, workers and visitors, and to increase the comfort and relief
from heat for those parking lot users, the Applicant shall ensure that the landscape plan
provides a visually-prominent, deciduous tree-lined pedestrian corridor throughout the Site
linking all parking lots to the Valley Commons Drive commercial corridor and to the Skybridge
commercial corridor. An example of this design, which may differ from the concept landscape
plan provided with this P-PUD submittal, is a plan that places small trees on the north sides of
parking lots and places large shade trees along the south and west sides of parking lots and
along a pedestrian walkway through the middle of the parking lot that connects to a network of
similarly shaded pedestrian walkways. The design of this landscape plan should be
coordinated with the City Forester to ensure the best environment for both pedestrians and for
Page 7 of 10
the health of the trees over time and shall be approved by the Director of Community
Development.
6. The Applicant shall ensure that all trash enclosures within the PUD Site are properly screened
to City standards per 38.520.070. [This condition is offered because staff does not support
the trash enclosure screening Deviation No. 18].
7. Pursuant to Section 38.550.050.M, Planned Unit Development Open Space, the landscape plan
provided with the Final PUD application shall show what trees and shrubs are meeting this
requirement and where they are to be located.
8. Public access easements must be provided for as shown on the P-PUD plans for all publicly
accessible open space areas prior to Final PUD approval.
9. No property may be removed from the Final PUD covenants without written approval of the City
of Bozeman.
10. Per UDC 38.560.060 and 080, a Comprehensive Sign Plan must be submitted with the Final
PUD application and must be approved by the Director of Community Development with the
Final PUD application submittal.
11. The City of Bozeman has relied upon the overall design and design standards submitted with
this PUD application and shown as Attachment 2: Ferguson Farm II Draft Design Manual. This
Design Manual shall be updated and submitted with the Final PUD application and, if approved,
may not be altered without consent of the City.
12. The Final PUD plan and Subdivision Final Plat must be submitted, reviewed, and approved prior
to the approval of any subsequent site plan.
13. Lots that front on streets that are designated a Landscape Block Frontage must meet the parking
location standards of UDC Table 38.510.030.C. Surface parking areas may not exceed 50% of
the individual or development site street frontage.
14. The proposed P-PUD is accompanied by a Preliminary Plat subdivision which divides the 31-
acre parcel into 72 lots. The Final PUD application shall provide sufficient illustrations and other
clarifying statements or images to indicate which granted deviations would apply to which
individual lots.
15. The Final PUD landscape plan submittal shall show the locations of covered and uncovered
bicycle parking within the street and/or streetscape.
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16. In order to qualify for a performance point towards this PUD, per UDC 38.430.090.E.2.a (7), the
details of the sheltered bus stop shall be provided with the Final PUD application. The Applicant
shall submit with the Final PUD application the following materials regarding this facility: (i) a
site plan for the shelter showing its location and design which has been approved by the transit
provider (Streamline); (ii) an encroachment permit for the location of the facility if it is to be
located within a public right-of-way; and (iii) an ownership and maintenance agreement between
the owner of the facility, the owner of the land upon which it rests, and the transit provider. The
facility must be completed concurrent with any first phase development of the PUD Site.
17. Former PUD Section 38.430.090.E.2.a (7) outlines “performance points” needed to qualify for a
PUD designation. On Table 2 of this report, the Applicant identifies streetscape improvements,
wayfinding signs and a sheltered bus stop that are to qualify as this PUD’s “performance points”.
The locations and designs for these improvements have not been provided with this Preliminary
PUD. To qualify for the points, the Applicant shall provide details for these amenities and assets
with the Final PUD application. The details of those performance point elements shall be
approved by the Director prior to approval of the Final PUD.
REQUIRED CODE PROVISIONS
1. BMC 38.220.050. A final approved weed control plan must be submitted prior to Final PUD plan
approval.
2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. The
Applicant shall clarify the nature of the existing well and water right to support the new demand.
Provide letter from DNRC confirming water right or intent to issue right to support the project
prior to approval of the planned unit development final plan.
3. BMC 38.220.300 and 310. The property owners’ association documents pertaining to the
maintenance of common areas, the back-in street parking and shared parking areas must
include the requirements of Section 38.220.300 and 320. The proposed documents must be
finalized and recorded with the Final PUD plan and its accompanying subdivision Final Plat.
4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and
approved for all phases of this development prior to building permit issuance.
5. BMC 38.270.030. For concurrent construction provide a full response to the required items in
BMC 38.270. Provide response to PUD concurrent construction and finalize all of the required
code elements prior to the approval of the planned unit development final plan, approval of
concurrent construction and prior to building permit issuance.
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6. BMC 38.430.040.A.3, Final plan review and approval. The final plan must be in compliance with
the approved preliminary plan and/or development guidelines.
Upon approval or conditional approval of a preliminary plan and the completion of any conditions
imposed in connection with that approval, an application for final plan approval may be
submitted. For approval to be granted, the final plan must comply with the approved preliminary
plan. This means that all conditions imposed by the City Commission as part of its approval of
the preliminary plan have been met; the final plan does not change the general use or character
of the development; the final plan does not increase the amount of improved gross leasable non-
residential floor space by more than five percent, does not increase the number of residential
dwelling units by more than five percent and does not exceed the amount of any density bonus
approved with the preliminary plan; the final plan does not decrease the open space and/or
affordable housing provided; the final plan does not contain changes that do not conform to the
requirements of this chapter, excluding properly granted deviations, the applicable objectives
and criteria of section 38.430.100, or other objectives or criteria of this chapter; the final plan
must not contain any changes which would allow increased deviation/relaxation of the
requirements of this chapter; and the final plat, if applicable, does not create any additional lots
which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final
plan may be approved if it conforms to the approved preliminary plan in the manner described
above. Prior to final plan approval, the review authority may request a recommendation from the
DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan.
7. BMC 38.550.050.I. Irrigation plans are required to be submitted with the Final PUD open space
landscape plan with the subsequent site plan application.
8. BMC 38.550.060.A.1. The Final PUD open space landscape plan must meet the requirements
of 23 performance points and be finalized and completed with the subsequent site plan
application.
9. BMC 38.400.050.A1. The accompanying subdivision property owner’s association must
maintain the proposed on street angled parking allowed on internal streets, including snow
plowing and maintenance of the parking surfaces. The property owners’ association documents
must include language to this effect and be reviewed and approved prior to final PUD approval.
10. BMC 38.430.070.A a. All public infrastructure, both on and offsite, must be installed with the first
phase of development.
11. BMC 38.400.090.B, Lot Access. All lots within the Site must meet the lot access standards of
the UDC and of relevant State Statutes for legal and physical access to a public or publicly-
accessible street or alley. This shall be demonstrated as part of the Final PUD application.
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This PUD is deemed a “Legacy PUD”, pursuant to BMC 38.430.020. The PUD Final Plan must
comply with the Preliminary Plan, pursuant to BMC 38.440.010, and all conditions and code
provisions of the Preliminary Plan must be met with the Final Plan submittal.
Please note that pursuant to BMC 38.440.040.A.1, you have a maximum of one year following the
approval of the PUD preliminary plan to submit a final plan in detail form covering the entirety, or one
or more phases of the development. The date of approval of the Ferguson Farms II Preliminary PUD
will be established as the date the Mayor signs the Finding of Fact and Order (FOF) staff report.
That staff report will be sent to the City Commission for their consideration at their March 28, 2023
or April 4, 2023 public meeting. It will be scheduled on their consent agenda. When it is approved,
it will be sent to the Mayor, City Clerk and City Attorney for signature and when it is completed, we
will advise you when it will be uploaded to the City Documents folder in the 19028 Project Dox file.
Note that Section 7.G of the FOF staff report describes an appeal process should you object to the
Commission’s actions or orders.
If you have any questions, feel free to contact your Development Review Coordinator Diane Tolhurst
at dtolhurst@bozeman.net or me at smontana@bozeman.net.
Sincerely,
Susana Montana, Senior Planner