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17584, Design Review Board Staff Report for West Winds SW Planned Unit
Development (PUD) Modification
Date: Design Review Board (DRB) Meeting of April 11, 2018 at 5:30 pm in the City
Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana
Project Description: A major modification to a previously approved Planned Unit
Development application. Relaxations approved with the original approval will
continue with this application. Three further relaxations are proposed an alternative
alley section.
Project Location: The application applies to 3270 Breeze Lane, and 1345 and 1553
Windward Avenue.
Recommendation: Approval with conditions including relaxations to Sections 38.24.050,
38.24.080, and 38.24.090.B.
Report Date: April 5, 2018
Staff Contact: Chris Saunders, Community Development
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The Planned Unit Development (PUD) modification is proposed in association with a 72 lot
subdivision. The West Winds PUD was originally approved in 2004. Several phases have
been completed and it has been amended several times. A common development plan for a
central park system was provided. PUD performance requirements were proposed to be
met through a combination of open space and affordable housing. Phases 1-3 and 6-8 are
complete and mostly built out. Phases 4 and 5 were recorded as final plats with some
restrictions. Portions of those phases are developed. The balance is included with this
application.
The West Winds PUD included all the property bounded by N. 27th Avenue, Baxter Lane,
Davis Lane, and Oak Street. Several modifications to the original PUD have previously been
approved and continue forward with this application.
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The project is at the corner of two arterial streets. The City’s development standards restrict
access locations along arterial streets and discourages double frontage lots where lots face
two public streets on opposite ends of the lot. New Holland Drive divides the parcel north
to south.
To address lot sizing and public access, the applicant proposes an alternate alley section in
three locations paralleling Windward Avenue, Oak Street, and Davis Lane. Three relaxations
to City standards are proposed related to the alternate alley section. See Section 2 and
Section 6, page 9 for additional detail and discussion.
Alternatives
1) Recommend approval of the PUD as presented by staff.
2) Recommend approval of the PUD with suggested changes after making findings in
support of the suggested changes.
3) Recommend denial of the PUD after making findings in support of the denial.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 – REQUESTED RELAXATIONS ...................................................................... 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 7
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Applicable Plan Review Criteria, Section 38.19.100, BMC. ................................................ 8
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC ................. 11
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 14
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 18
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 20
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 20
FISCAL EFFECTS ................................................................................................................. 21
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAP SERIES
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SECTION 2 – REQUESTED RELAXATIONS
Planned Unit Development Relaxations are included with this application. The applicant
requested relaxations to the following standards. The summary of each relaxation and the
overall reasoning behind the relaxations is in the project narrative included with the PUD
submittal. The altered standards are depicted by lot and described in text in Appendix C of
the Design Manual included in the PUD submittal. Explanatory notes are attached to each
section of the municipal code proposed to be altered. Items 1-14 are a carry-over from the
previously approved phases 1 and 2.
Summary List of Relaxations
Code Section Summary of Section
1. Section 38.24.050 To provide a right of way width of 45 feet for three named alleys
in a non-standard cross section.
2. Section 38.24.080 To provide sidewalks on only one side of three alleys.
3. Section 38.24.090.B To provide non-standard lot frontage and drive access to lots
adjacent to three alleys with non-standard cross sections.
Seven relaxations approved previously with the West Winds planned unit development are
continued forward with this application as they were allowed. A description of each is included
with the PUD project narrative.
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SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. Fences located in the front, side or rear yard setback of properties adjacent to any park or
open space, Oak Street, or Davis Lane shall not exceed a maximum height of four (4)
feet, and shall be of an open construction designed in a manner to be consistent along
park land and open space areas. Proposed fencing shall conform to Section 38.23.130
“Fences, Walls and Hedges” or any successor section of municipal code. This
requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in
the property owner’s association documents. The documents shall include one or more
coordinated fence style(s) acceptable to the City for locations sharing a property line with
a public park or open space.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. None are identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for residential planned unit developments
approval with conditions is recommended to the Design Review Board (DRB). The DRB shall
forward its recommendation to the City Commission for consideration and action.
The City Commission is scheduled to consider the proposal on April 9, 2018.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
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Modification Page 8 of 22
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This project is proposing residential uses within a residentially planned area. No conflicts
have been identified with the growth policy future land use designation or goals and
policies. The detail of the applications are at a level of detail not directly established by the
growth policy.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD relating to certain street sections.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be required as the project advances. .
4. Relationship of site plan elements to conditions both on and off the property
No conflicts have been identified at this time. The approved site layout will continue. The
surrounding streets provide a separation from this project to any adjacent property. The
layout of individual parcels will be finalized during building permit review. Existing PUD
conditions require the street oriented facades to provide a
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Adequate parking appears to be provided. Parking for each home will be verified when a
building permit is reviewed. The City recently expanded the capacity of the intersection of
Oak Street and Davis Lane. The City has two pending projects to add traffic control to the
intersections of Davis Lane and Baxter Lane and Oak Street and N. 27th Avenue. These two
intersections do not meet required level of service. However, the project meets the
requirements for the Director of Public Works to issue a waiver of level of service and he
has said he will do so.
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6. Pedestrian and vehicular ingress and egress
The site is bounded by two arterial streets, Oak Street and Davis Lane, and three local streets,
Breeze Lane, Windward Avenue, and New Holland Avenue. The access to the arterial streets
is limited so all direct vehicle access to individual lots will occur from the local streets.
Sidewalks will be constructed along both the arterial and local streets. Sidewalks along
arterial streets are required to be 6 feet wide.
To complete parkland dedication requirements, the applicant proposes to make some
pedestrian improvements within dedicated parkland and open space and connecting to the
common space in the center of West Winds. There is an internal trail network which knits the
West Winds project into adjacent open spaces and trails.
The custom street section proposed includes a side walk on only one side of the street. All
lots will have access to a sidewalk connecting to the overall street network. The overall
pattern of streets is largely gridded and connects well to adjacent properties.
The project requests three relaxation to standards relating to alley configuration and lot
access. These are:
1. Section 38.24.050 To provide a right of way width of 45 feet for three named alleys
in a non-standard cross section.
A standard alley has a 20 foot right of way width and does not include sidewalks or
parking. The application proposes a 45 foot width for Bora Way, Mistral Way, and
Zephyr Way as enhanced alleys. This width provides room for parking on one side and a
sidewalk on one side. These are limited access rights of way. Two way traffic is
supported for emergency services or typical day traffic. The Public Works Department
finds the proposed cross-section acceptable.
2. Section 38.24.080 To provide sidewalks on one side of three named alleys.
Alleys usually do not include sidewalks. However, in this project, the alley is serving as
the primary pedestrian access to Block 5, Lots 9-16 and Block 6, Lots 1-8. Therefore, to
protect public safety and avoid pedestrian and vehicle conflicts it is desirable to have
sidewalks. The sidewalks are placed on the side of the street where it will be the primary
pedestrian access minimizing the number of crossings.
3. Section 38.24.090.B To provide non-standard lot frontage and drive access to lots
adjacent to three alleys with non-standard cross sections.
The City of Bozeman has three standard methods to provide required frontage of lots on a
public street and from which motor vehicles must take access. This relaxation applies
only to lots Block 5, Lots 9-16 and Block 6, Lots 1-8. The relaxation allows these lots to
only have access by way of an alley way rather than an alley and a greenway corridor.
Given the size of the parcels, existing local street location of New Holland, and the
connectivity pattern it appears that this relaxation is justified to create reasonable lots
within existing constraints. The non-standard alley configuration allowed by Relaxations
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1 and 2 provide for essential pedestrian access through sidewalks that meet the intended
purpose of the greenway corridor.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
Landscaping will primarily be provided on individual lots. Additional landscaping is proposed
within the developed park areas of the earlier West Winds phases.
8. Open space
The project includes one common open space which will provide snow storage and will
preserve the vision triangle for the intersection of Oak Street and Davis Lane.
9. Building location and height
The originally approved PUD for Phase 3 Included various relaxations to building setbacks
and height requirements. No changes to those relaxations is requested with this
application.
10. Setbacks
No changes to setbacks are proposed. Verification of compliance will occur during building
permit review. Setbacks were recently changed for residential properties as part of the
updates to the Unified Development Ordinance.
11. Lighting
Lighting has already been installed along Oak Street. Additional City standard lighting will be
provided along Davis Lane and appropriate internal intersections.
12. Provisions for utilities, including efficient public services and facilities
Utilities have already been installed along Oak Street. No change to installed utilities is
proposed except for the resolution of one communication line which lies outside of the
utility easement. Public water and sewer will be installed under the local streets. Utility
easements for private utilities will be provided on each lot through the associated
subdivision.
13. Site surface drainage
Drainage is placed within appropriate locations and is adequate to need.
14. Loading and unloading areas
None are proposed.
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15. Grading
The site has little natural contours. No substantial grading is proposed with this application.
Minor site grading will occur with development of each individual lot.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the overall PUD requires screening. Individual mechanical
equipment for each lot is required to be screened as a minimum code requirement
18. Overlay district provisions
Not applicable to this application as it is outside of all overlay locations.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
Not applicable. The resubdivision of the site will create independently operable lots.
21. Compliance with article 38.43 of the Bozeman Municipal Code.
This section is not relevant to the DRB.
22. Phasing of development
The project is proposed as a single phase.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
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landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The individual lots are of a size to be adequate for development as allowed in the R-3 zone.
Topographic change across individual lots is minimal. The existing lakes have been used as
design features and are integrated into the development. Landscaped area are coordinated
with adjacent property and within the proposed development. Parking is provided on each
lot and along the public streets and the non-standard alleys. Lots adjacent to Oak Street and
Davis Lane will need to provide all on-site parking.
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;
The use as townhomes and detached homes is consistent with the general character of the
area as housing. No adverse impacts to abutting properties have been identified.
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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.
One condition related to the DRB scope of review has been identified. There is an existing
requirement on the West Winds PUD for lots with double frontage to be constructed with a
“front” appearance to both sides. This requirement continues forward with this application.
To maintain a front facing appearance as required by the existing condition of approval, an
additional condition is proposed restricting fence locations. This will ensure that any
constructed fences maintain a character consistent with a front presentation to the street.
This will maintain the character of the development created with earlier phases of West
Winds, will provide informal visual surveillance of the adjacent sidewalks, and facilitate
maintenance of the sidewalks.
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F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording will be prepared after action by the City Commission.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
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.
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?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. Little natural
vegetation remains.
(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?
Yes, the proposed subdivision layout is coherent. This application does not include a specific
site plan. Development will occur through individual building permits for each new lot. The
small open space at the SW corner provides a small visual relief at the corner of a very busy
intersection.
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(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 project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
be integrated in to the existing and developing pedestrian and bicycle network which will
enable travel without motor vehicles. The site is in the northwestern quadrant of the City.
Several business centers are available within ready non-motorized travel distances. The site
is well connected to the transportation network.
(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?
The site designs for individual lots are not known at this time. They will be designed
individually.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project addresses park requirements through the associated subdivision preliminary
plat. That application proposes to make improvements to the existing West Winds park.
This proposal is presently under review. Staff believes the proposal to be sound.
(7) Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of options listed in the code. The Preliminary PUD must specify
how the performance points are being met. The overall West Winds PUD met this
requirement with dedication of open space with public access and land for affordable
housing.
This is completed with the construction of a 48 unit affordable housing complex along N.
27th Avenue. A second parcel is also available and is seeking funding from the Montana
Board of Housing to construct a second project which would complete the required number
of homes. No construction has yet been approved for the second phase. Condition 18 of the
October 7, 2007 modifications, page 12 of the conditions of approval document, includes a
specific statement that the affordable housing dwelling units must be constructed or funds
paid for cash-in-lieu of parkland for the percentage of performance points not met. No
obligation to the present application remains.
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Condition 6 of the 2005 amendments to the PUD, page 12 of the conditions of approval
document, restricts a maximum density allowed with the presently configured open space
and affordable housing. Additional units are allowed if additional performance benefits are
provided. It appears no additional performance benefits are required.
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 section 38.20.090.E.2. 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.
The application satisfies the requirement because the park and open space area has already
been platted in earlier phases. The affordable housing area has been platted and
construction of affordable housing has occurred.
(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 overall property is well integrated into the arterial and collector system. Local streets
provide additional connectivity. New Holland Drive directly connects this project to earlier
development to the north and south. Breeze Lane connects to existing development to the
east.
Approval of the additional relaxations requested with the modification will not alter these
patterns.
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. For purposes of this section, "limited
commercial development" means uses listed in the B-1 neighborhood service district
(article 10 of this chapter), 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. The permitted number of residential dwelling
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units shall be determined by the provision of and proximity to public services and subject
to the following limitations:
(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 city growth policy?
The property is planned a Residential and zoned as R-3. The proposed lot sizes are
consistent with R-3 standards. The growth policy suggests a range of density between 6-32
units per net acre. The proposed layout and lot sizing meets this range.
(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?
Private spaces are provided on each lot. There are large street corridors to the south and
west that prevent buildings from being constructed that would block light or ventilation.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, private open spaces are provided on each lot and dedicated park land has already been
provided. The project is adjacent to the Gallatin County Regional Park.
(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?
No density bonus is requested.
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. The site has been annexed for many years and is served by municipal services.
Additional on-site extensions of services were provided as is expected with new
development.
(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 article 8 of this chapter, 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
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sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
No density bonus is requested.
(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?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, the proposed phase is consistent with the overall West Winds PUD. Similar uses are
provided in adjacent private development. The street network is well connected. The area is
subject to existing design standards of the West Winds PUD.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and 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.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the
use of an automobile. Implementation of this category by residential zoning should provide
for and coordinate intensive residential uses in proximity to commercial centers. The
residential designation indicates that it is expected that development will occur within
municipal boundaries, which may require annexation prior to development.
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The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are 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 category. All
residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints, such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation
is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Previous Review: The project was reviewed as a PUD and has been modified several times. A
summary of all the applicable conditions and requirements was prepared and recorded at the
Clerk and Recorder’s office after the 2008 amendments. There are several of the conditions
which affect issues identified in this project such as Design Guidelines, no access limits to
certain streets, the extension of Breeze Lane, Calculation of PUD points for superior design, and
calculation of parkland. The terms and conditions will carry forward unless specifically altered
by a PUD amendment. This document includes limitations on future additional development for
both timing and mitigation of impacts.
Park land and Open Space: The West Winds PUD has a complicated history in this subject.
Originally under the control of a single developer, the project has broken into several
ownerships. The final plat for Phase 5 identifies that parkland has been provided for a total of
26 homes. The proposed project request more than that. It will be necessary to proportionally
adjust park dedications. Phase 4 originally had a more intensive residential use. The two phases
are combined into a single project. This subject is related to the PUD performance points, see
discussion above.
There is a large centralized park in West Winds. The site is adjacent to the Regional Park across
Davis Lane. In discussion with the Recreation and Parks subcommittee it was discussed that it
may be more beneficial to make improvements to existing dedicated park areas and improve
functionality rather than dedicate additional land. Given the near proximity of large existing
park areas large new parks are not needed.
Uses: The site is zoned R-3. The project is proposed as townhomes and detached single homes.
The uses proposed are consistent with the existing zoning. The site has been planned for
residential uses since the beginning of the West Winds PUD. Staff has no objection to the
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proposed change to individual lots as it appears generally consistent with one of the approved
alternatives from 2008.
Development Guidelines: With a PUD, Section 38.20.070.D.2 requires development guidelines
for all phased PUD’s. Such information was provided with the original West Winds PUD and
continues in effect.
Design Objectives Plan: The DOP standards are inapplicable to this application as it is focused
on townhomes and detached homes. No commercial or larger buildings are proposed which
would be affected by the required standards.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing has been provided by posting notice signs on site, mailing to all owners within 200
feet, and publication of notices in the Bozeman Daily Chronicle. Public Notice was provided
at least 15 and not more than 45 days prior to the Planning Board and City Commission
public hearings.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: SID716 LLC, 20 W. Haley Springs Rd. Bozeman, MT 59718
Applicant: Islands LLC, PO Box 12037 Bozeman, MT 59719
Representative: Haystack Development, Inc. PO Box 1793 Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. 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 chapter to promote the city's pursuit of the following community objectives:
1. 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;
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2. 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 city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water
quality and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air
quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features
of the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. 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;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
FISCAL EFFECTS
Not applicable for the DRB
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials