HomeMy WebLinkAbout05-21-18 City Commission Packet Materials - A2. West Winds SW Subdivision Preliminary PlatPage 1 of 23
17583, City Commission Staff Report for the West Winds SW Subdivision
Date: Planning Board, Tuesday April 17, 2018 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana
City Commission, Monday May 21, 2018 at 6:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana (continued from February 12, 2018)
Project Description: A Preliminary Plat application for a major subdivision to create 72
residential lots, 1 open space lot and the associated right-of-way. The subdivision is
associated with an existing and amended Preliminary Planned Unit Development (PUD)
application requesting three additional relaxations regarding street standards.
Project Location: The property is legally described as Lots 1 & 2 of Block 1 and Lot 1 of Block
4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds
Subdivision Ph. 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Subdivision
Ph. 5, NW4 of Sec. 2, T2S, R5E,P.M. and is addressed as 3270 Breeze Lane, and 1345
and 1553 Windward Avenue.
Recommendation: Approval with conditions
Planning Board Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 17583 and move to approval the subdivision with conditions
and subject to all applicable code provisions.
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 17583 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: May 9, 2018
Staff Contact: Chris Saunders, Community Development
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
If the Planned Unit Development (PUD) and associated relaxation are not approved, then the
conditions and findings of this report will need to be modified. The analysis summarized in this
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Application Page 2 of 23
report assumed approval of the requested relaxations. Staff has recommended approval of the
PUD and associated relaxations.
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on December 20, 2017, requesting a major subdivision on three tracts of record
totaling 10.98-acres. As part of the associated PUD, an alternate alley standard is proposed to
provide access and required frontage to several sections of lots. The property will be divided into
72 lots for residential use. There is a blend of detached home, townhome, and attached two
dwelling lots. The mix of uses is desirable.
Parkland for the subdivision was provided in part with earlier phases of West Winds. Additional
parkland to complete the required dedication is proposed to be met with improvements to the
existing dedicated park.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items. This alternative is
requested if the Commission wishes to amend or add conditions of approval.
Planning Board
The Planning Board, after conducting their public hearing, unanimously recommended approval
of the subdivision.
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Application Page 3 of 23
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Planning Board.................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES, incentives and relaxations ...................................... 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 14
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 14
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16
Preliminary Plat Supplements ........................................................................................... 19
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 21
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 23
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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SECTION 1 - MAP SERIES
Growth Policy Vicinity Map
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Project Boundary and Zoning Map
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Excerpt from Preliminary Plat
SECTION 2 – REQUESTED VARIANCES, INCENTIVES AND
RELAXATIONS
There are no variances requested with this subdivision application. Three relaxations are
requested as part of the associated PUD. These are all connected to the alternate alley standard.
Summary List of PUD 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.
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No action by the Planning Board is required on the requested relaxations.
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 preliminary plat application. Additional conditions
may apply to the planned unit development being processed concurrently.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1)
PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
2. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. The final plat and all associated improvements must be completed consistent
with the application as submitted except where required to be changed by the
City of Bozeman.
4. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer
to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
5. The affordable housing plan obligating the subdivider to meet the requirements of Article
43 of the Unified Development Code must be approved by the Director of Community
Development prior to final plat approval and recorded with the Gallatin County Clerk and
Recorder’s Office. If the affordable housing plan is not approved, the final plat cannot be
approved.
6. The affordable housing plan and document number must be referenced on the final plat
conditions of approval sheet.
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7. The Planned Unit Development Final Plan shall be completed and approved by the City of
Bozeman before the approval of the final plat.
8. A notice prepared by the City shall be filed concurrently with the final plat so that it
will appear on title reports. It shall read substantially as follows: Lots within the West
Winds SW Subdivision are subject to specific design standards, unique building
setbacks from property lines, and additional covenants to manage impacts to the
adjacent wetlands. These standards may be found in [insert correct reference to design
standard location]. Lot owners are advised that these are specific to the West Winds
Subdivision and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the
approval documents the general standards of the City apply. Modification of the
special standards would require an amendment to the West Winds Planned Unit
Development. Modifications are strongly discouraged. It is the obligation of the lot
owner to be fully informed as to these standards before beginning any home or site
design process. Approval by the design review entity established in the covenants of
the development does not bind the City of Bozeman to approve a construction plan.
9. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the owner of the property being subdivided shall transfer ownership to the
property owner’s association of any open space proposed to be conveyed to the property
owner’s association and all its right, title, and interest in any improvements made to such
parkland or open space.
For the transfer of real property, the owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney and
associated realty transfer certificate transferring fee simple ownership to the property
owner’s association and associated realty transfer certificate. The owner of the property
must record the deed or instrument at the time of recording of the final plat. For personal
property installed upon open space owned by the property owner’s association, the owner
shall provide an instrument acceptable to the City Attorney transferring all its rights, title
and interest in such improvements including all applicable warranties to such
improvements.
10. A public access easement for the common open space must be provided as a separate
document describing the scope of the grant of easement and naming a custodian of the
public’s interest in the easement.
11. The final plat shall contain the following notation on the conditions of approval sheet:
“Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands shall be that of the
property owners’ association. Maintenance responsibility shall include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter
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development streets, i.e. Davis Lane and Oak Street, and as adjacent to public parks or
other common open space areas. All areas within the subdivision that are designated herein
as common open space including trails are for the use and enjoyment by residents of the
development and the general public. The property owners’ association shall be responsible
for levying annual assessments to provide for the maintenance, repair, and upkeep of all
common open space areas and trails.”
12. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet. Any unmet obligation shall be
satisfied as a cash-in-lieu of park payment.
13. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
14. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat application will not
be deemed complete until the resolution to create the SILD has been approved by the City
Commission.
16. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two-year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
17. The applicant must include the snow storage plan in the Homeowner’s Association
documents and demonstrate the inclusion prior to final plat approval.
18. The applicant must pay the Far West Sewer Payback for the property prior to final plat
approval. The applicant must submit payment at the City Engineering Division.
19. If not already filed for the subject site, the applicant must provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID’s) for the following:
a. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and
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storm drainage
c. Intersection improvements to Davis Lane and Oak Street
d. Intersection improvements to Baxter Lane and Davis Lane
e. Intersection improvements to N. 27th Avenue and Oak Street
f. Intersection improvements to Oak Street and Ferguson Avenue
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
20. The applicant must submit plans and specifications for water and sewer main extensions,
streets, and storm water improvements, prepared and signed by a professional engineer
(PE) registered in the State of Montana, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana Department
of Environmental Quality. The applicant must also provide professional engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a preconstruction
conference has been conducted.
21. All irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City with the final plat
submittal. Ownership of any well and associated water right within common open space
owned by the property owner’s association shall be transferred to the property owner’s
association in conjunction with the final plat. All wells shall include a meter or other device
to determine consumption.
22. The applicant must revise the Conditions and Notes sheet of the final plat shall contain the
following language that is readily visible with lettering, at a minimum size of 12 point type,
placing future landowners of individual lots on notice. The applicant must also adjust the
wording on the draft plat regarding City Policy by removing the wording, “…unless capacity
is designed into the drainage system to accept the pumped water…” Capacity has not been
designed into the drainage system to accept groundwater from sump pumps.
23. Building finished floor grades must be at a higher finished grade calculated by a minimum
of 2% slope above the adjacent curb and gutter to allow drainage and avoid placement of
spoil materials onto adjacent lots as homes are constructed. Lots may not be constructed at
significantly higher grades than the adjacent lots, which subsequently creates a drainage
issue from one lot to another.
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24. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
25. The final plat shall include a transfer of private improvements certificate to read substantially
as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcel 1. Unless
specifically listed in the Certificate of Dedication, the city accepts no responsibility
for maintaining the same. I, (Subdivider), hereby further certify that the following
non-public improvements, required to meet the requirements of Chapter 38 of the
Bozeman Municipal Code, or as a condition(s) of approval of the subdivision
plotted herewith, have been installed in conformance with any approved plans and
specifications prepared in accordance with the standards of Chapter 38 or other City
design standards, or have been financially guaranteed and are covered by the
subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS OR STATE NONE).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________ (To be filled in when recorded)
By: (Subdivider) Date: _____________________________
26. A cost-sharing agreement for park maintenance shall be included with the final plat.
27. The Planned Unit Development Final Plan shall be completed and approved by the City of
Bozeman before the approval of the final plat.
28. The applicant must add a note to the Conditions sheet of the plat to the effect City standard
sidewalks (including a concrete sidewalk section through all private drive approaches) shall
be constructed on all public and private street frontages prior to occupancy of any structure
on individual lots. Upon a third anniversary of the plat recordation of any phase of the
subdivision, any lot owner who has not constructed the required sidewalk shall, without
further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether
other improvements have been made on upon the lot.
29. Maintenance of Zephyr Way, Bora Way, and Mistral Way is the responsibility of the
property owners association. This maintenance obligation shall be included in the
Certificate of Dedication.
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30. The Conditions and Notes sheet of the final plat shall contain the following language that is
readily visible with lettering, at a minimum size of 12 point type, placing future landowners
of individual lots on notice of the presence of high groundwater in the area of the
subdivision:
"Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or other structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of
Montana and qualified in the certification of residential and commercial construction."
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
A. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector streets and intersections with arterial and collector streets shall operate at a minimum level of
service "C" unless specifically exempted by this subsection. Level of service (LOS) values
shall be determined by using the methods defined by the most recent edition of the Highway Capacity Manual. A development shall be approved only if the LOS requirements are met in the design year, which shall be a minimum of 15 years following the development application review or construction of mitigation measures if mitigation measures are required to maintain
LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection as a
whole. The intersection of Davis Lane and Baxter Lane operates at a LOS “F” and LOS “D” for the AM Peak Hour and PM Peak Hour conditions, respectively. The proposed project may not
receive final plat approval until the intersection of Baxter Lane and Davis Lane is upgraded or
a waiver is granted per BMC 38.24.060.B.4.b. B. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, 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 the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city'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 obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities.
Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal Code are met to allow for concurrent construction. Although many of the infrastructure drawings were submitted with the subdivision application, those plans are not considered final
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and will not be reviewed as the infrastructure submittal. The applicant must provide a separate
infrastructure submittal to the City Engineering Division after preliminary plat approval.
C. Building permits will not be issued prior to City acceptance of the site infrastructure improvements per BMC Section 38.39.030.B and 38.39.030.D as applicable.
The applicant must submit plans and specifications for water and sewer main extensions,
streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for
construction inspection, post-construction certification, and preparation of mylar record
drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted.
D. BMC 38.23.150.C states: Street lighting consists of street lighting and pathway intersection
lighting, and shall comply with the City of Bozeman Design Standards and Specifications Policy (DSSP). The applicant must install street lighting per the DSSP prior to final plat approval.
E. Bozeman Municipal Code (BMC) Section 38.23.030.A states: The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are
contained in the design standards and specifications policy and the city modifications to state
public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. F. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL)
of water rights shall be provided.
The applicant must contact the City Engineering Department for an analysis of CIL of water rights and pay CIL of water rights due prior to final plat approval.
G. Section 38.23.060, requires the provision of public and/or private easements for private and
public utilities, drainage, vehicular or pedestrian access, etc. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location.
H. Section 38.06.020, requires that all plats of subdivisions must contain a certificate of dedication or certificate of consent.
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The certificate of dedication on the final plat must include the specific names of the streets
dedicated to the public for which the City accepts responsibility and those which will be
maintained by the Home Owners Association. I. Sec. 38.27.090. - Waiver of park maintenance district. When required, the developer shall sign, and file at the county clerk and recorder's office, a waiver of right to protest
the creation of park maintenance district.
The waiver is required and must be filed with the final subdivision plat. J. Sections 38.38.020 and 38.38.030, discuss the requirements for supplementary documents
including property owners’ association documents and covenants.
The subdivider must provide the necessary declaration and recitals to facilitate the property owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any cost sharing agreements for maintenance must be included with the final plat.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the applications are adequate for continued review and recommended
approval with conditions on March 14, 2018.
The Planning Board will conduct a public hearing on April 17, 2018. The hearing will be held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm.
Public hearing date for the City Commission is May 21, 2018. The hearing will be held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm.
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 is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
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noted in recommended Condition of Approval No. 1, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
regulatory standards. The proposed lot layout relies upon incentives offered for compliance with
Article 43 of the Bozeman Municipal Code and relaxations requested in the associated PUD
application. Staff recommends Conditions No. 5 and 6 to require approval and documentation of
an affordable housing plan, which will be a binding agreement. Also Condition of Approval 7
ensures passage of the PUD prior to approval of the Final Plat. Therefore, upon satisfaction of all
conditions and code corrections the subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on December 20, 2017. The application was reviewed and found
inadequate for further review on January 16, 2018. Additional materials were provided in response.
The application was found adequate for review on March 14, 2018.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC, Planning Board and
other applicable review agencies, as well as any public testimony received on the matter, the City
Commission shall make the final decision on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made
within 80 working days of the date it was deemed adequate. Pursuant to Section
38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the
subdivision application by July 5, 2018, unless there is a written extension from the developer, not
to exceed one year.
Public notice for this application was given as described in Appendix C. The subdivision relies
upon the associated PUD to meet the required zoning standards. The final plan for the planned unit
development must be finished and receive final approval before the final plat is approved.
Therefore, Condition 7 ensures that the final timing of the two applications will be properly
coordinated.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are included
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in this report for City Commission consideration in Sections 3 and 4. Three PUD relaxations
regarding a non-standard alley configuration are proposed. If the PUD is approved then the plat
conforms. Final approval of the PUD must be completed prior to final approval of the plat.
Advisory note: The City recently adopted revised land use regulations including altered
standards for townhome and detached home design. All future development within the proposed
subdivision will be subject to the new standards. All lot purchasers and building designers are
advised to carefully consider the new standards before finalizing purchases or designs.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, shall be accurately depicted and addressed on the final plat
and in the final plat application. Therefore, all utilities and necessary utility easements will be
provided and depicted accordingly on the final plat. All public utilities will be located within
dedicated street right of way. There is one identified location where an existing utility is outside
of proposed easement locations which must be corrected. Conditions 13, 14, 20 and Code
Requirements B, C, and G require performance of these obligations.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards or to the non-
standard alley proposed as part of the PUD. If the PUD is approved with its associated relaxations
this standard will be met. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain
a statement requiring lot accesses to be built to the standard contained in this section, the city
design standards and specifications policy, and the city modifications to state public works
standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and has been vacant for over 10
years. Property to the north, south and east has been developed for residential uses and the
adjacent properties to the west is a public park. Therefore, this subdivision will not have adverse
effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and is developed in all directions. Therefore, the
proposed subdivision will have no impacts on agricultural water user facilities.
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3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site. Internal water and sewer
mains will be installed prior to final plat approval. Water for irrigation of open spaces is required
and proposed to be provided by a well. The applicant must provide transfer of ownership to the
HOA so that the HOA can legally have the water resources necessary to maintain the open space.
Condition 21 and 25 require this action. Condition 13 ensures that adequate width utility
easements are provided to enable safe installation of water and sewer mains. Condition 16
requires that an adequate warranty is provided and secured to ensure that installed infrastructure
is serviceable. Inoperable infrastructure is a hazard and inhibits development of the site.
Condition 20 coordinates between private and public utility locations and avoid conflicts
between utilities and other objects. Water rights or cash-in-lieu are required to be provided per
municipal code and noted by Code Requirement F.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout connects the proposed non-standard alleys to existing
standard design streets of Breeze Lane, New Holland, and Windward Avenue. Condition of
approval 19 requires the subdivider to file SID waivers for street improvements to streets which
may be impacted by the proposed subdivision.
The proposed project is within ½ mile of the Baxter-Davis intersection with a Level of Service
rating less than C. The applicants have requested a waiver from Level of Service requirements.
The necessary conditions exist for approval of a waiver. Code Requirement A requires that a
waiver be issued prior to final plat application.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities. Condition 15 ensures that the SILD will
be formed and effective before final plat and Code Requirement D ensures that the lighting will
be LED which will reduce long term costs and improve reliability for the residents.
The City will be responsible to maintain New Holland. Maintenance of Zephyr Way, Bora Way,
and Mistral Way will be the responsibility of the land owners. Maintenance and use of public
streets is subject to the terms of the municipal code. It is important to have clear responsibilities
for access and use by the public. Condition 29 and Code Requirement J establish the responsible
parties.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Condition 24 requires that the necessary
addresses are provided to enable 911 response to individual homes.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that standards have
been met. Maintenance of the storm water facilities is an obligation of the home owners
association. This responsibility must be included in the covenants proposed with the subdivision.
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Conditions 11 and 17 and Code Requirements C, E, H, and J ensure that the stormwater system
will be integrated with the individual developed lots to prevent flooding and stagnant water.
Applicants have been in conversation with DRC staff to resolve any issues prior to submittal of
final infrastructure plans and specifications.
Parklands – There are existing park facilities near this subdivision. The Gallatin County regional
park is immediately to the west and the West Winds park is about one block to the east. The
previous phases of West Winds Subdivision dedicated excess park land which included the area
of land now considered for subdivision. A portion of that excess was assigned to the earlier
phases 4 and 5 which are being resubdivided to create the current proposal. There is additional
park dedication required for 30 dwellings (.9 acres) as the number of homes proposed exceeds
the credits from prior dedication.
The applicant proposes to meet the additional requirement by installing additional improvements
within the existing West Winds park. The West Winds park was created with the original PUD
and is intended to provide the primary recreation facility for the entire West Winds development.
The original master plan for the West Winds park was approved and has not yet been fully
constructed.
Condition of approval 12 requires an updated parkland calculation to be provided on the final
plat. Condition of approval 26 requires a cost sharing agreement for park maintenance prior to
final plat. Participation in the West Winds master owners association will demonstration
compliance with Condition 26.
The Recreation and Parks Advisory Board considered this issue on April 12th. The Parks
Division provided comments on April 16th including prioritized improvements in lieu to meet the
required mitigation of recreational impacts. The RPAB prioritized completion of the trail
network followed by installation of play equipment. Various additional improvements such as
benches and trees were also included as lower priorities. This approach provides flexibility in
meeting the requirement while not demanding more than in appropriate. Final verification of
costs and compliance will occur as the Parks Division reviews plans and specifications prior to
construction of any improvements.
The property was annexed December 1, 1997 by Resolution 3216. At that time, there was not a
standard requirement for annexations to waive right to protest maintenance of parks. The City
Commission has since amended the municipal code to require such a waiver. The waiver is
required to be filed with the final subdivision plat.
4) The effect on the Natural environment
The site is in an area of high groundwater which may negatively impact future homes or cause
illicit discharges into the sanitary sewer and over burden the surface drainage system. Conditions
22, 23, and 30 require notification of owners of potential hazard of groundwater, restrict
placement of discharges from sump pumps and put a procedure in place to avoid inappropriate
grade changes. There are no wetlands or water courses on the site. Development within the City
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17583, Planning Board Staff Report – West Winds SW Subdivision Page 19 of 23
and with access to centralized water and sewer lessens impact on the environment compared with
rural development.
5) The effect on Wildlife and wildlife habitat
The site has been substantially impacted already which has removed almost all wildlife habitat.
There are no known species of concern in the vicinity.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on March 8, 2017. The
application has responded to the comments offered at that time. With the pre-application plan
review application, waivers were requested from the materials required in Section 38.41.060
“Additional Subdivision Preliminary Plat Supplements.” The waiver requests from
Groundwater; Streets, roads and alleys; Parks and recreational facilities; and Affordable Housing were not granted.
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no watercourses on or immediately adjacent to this site.
38.41.060.A.2 Floodplains
There are no designated floodplains on or immediately adjacent to the site.
38.41.060.A.3 Groundwater
The geotechnical investigation report is included in Appendix H of the application submittal. Due to the high level of ground water, conditions are recommended to inform potential buyers, to restrict sump pump discharge and to ensure appropriate site drainage during construction.
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38.41.060.A.4 Geology, Soils and Slopes
Appendix H of the application material addresses this issue. The site is generally flat, there are
areas of potentially unstable fill and further investigation is required at time of building permit.
38.41.060.A.5 Vegetation
Material waived. 38.41.060.A.6 Wildlife
Material waived.
38.41.060.A.7 Historical Features
Material waived. 38.41.060.A.8 Agriculture
Material waived.
38.41.060.A.9 Agricultural Water User Facilities
Material waived. 38.41.060.A.10 Water and Sewer
The site will be served with municipal services as discussed under Criteria 3 of the Primary
Review Criteria. Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. Adequate information was provided with the application to facilitate review. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction.
38.41.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite. See Appendix B of the submittal for details. Further analysis will occur during the plans and specifications review by the Engineering Division.
The application acknowledges that a Stormwater Pollution Prevention Plan (SWPPP) will be submitted to the Montana Department of Environmental Quality prior to construction. There are local regulations for stormwater control that will apply with construction on each lot.
38.41.060.A.12 Streets, Roads and Alleys
This proposed development is within one half mile radius of an intersection operating at a level of service less than C; however, waiver conditions will be met prior to preliminary plat approval. Code correction A. in Section 4 of the staff report and Conditions 19 in Section 3 will ensure adequate capacity within and maintenance of the nearby street grid to accommodate this project.
Appendix E of the submittal is a traffic impact study.
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38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The project
representatives have been working with the DRC and local review agencies. Copies of correspondence are included in Appendix J of the submittal 38.41.060.A.14 Educational Facilities
Material waived.
38.41.060.A.15 Land Use
The use proposed is exclusively residential which conforms to the future land use designation and zoning purposes.
38.41.060.A.16 Parks and Recreation Facilities
See discussion under primary review criteria 6. Appendix I of the submittal provides details of
the proposed improvements to West Winds Park.
38.41.060.A.17 Neighborhood Center Plan
Material waived. Neighborhood Center is met by West Winds Park. 38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. All street lights installed shall use LED light heads lights and shall conform to the City’s requirement for cut-off shields. A Special Improvement Lighting District (SILD) will be created prior to final plat application.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing
The subdivision application is subject to the requirement to provide price controlled housing of
10% of the total dwellings in the development. The applicant is proposing 8 price controlled homes. More information is available in the application’s Affordable Housing Plan. Conditions of Approval 5 and 6 ensure compliance with the requirements of Article 43 of the UDC prior to final plat approval and notification of potential future property owners. The affordable housing
program manager is reviewing the proposal and working with the applicant to clarify any
outstanding issues. Final documentation for individual dwelling sales is addressed after the final plat is filed and the homes are constructed.
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
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17583, Planning Board Staff Report – West Winds SW Subdivision Page 22 of 23
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.
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
The subject area was annexed to the City in 1997. At the time of annexation, it was determined
that the property was a suitable candidate for the expansion of urban land uses and that
development that is consistent with that objective was appropriate. The West Winds PUD and
Subdivision were approved in 2004. It has been amended several times. The current development
is located in the original phases 4 and 5 and are the last portion of the development to be
completed. The original development pattern created the large central park area.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
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17583, Planning Board Staff Report – West Winds SW Subdivision Page 23 of 23
200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the
notice contained all elements required by Article 38.40, BMC.
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
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential development. No
specific funds are budgeted for this project.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
384
385
386
387
388
West Winds SW SubdivisionAdjacent Owners - 200 FeetFEBRUARY 2018Map No. OwnerAddressProperty Description1Winter Park West Condominium (see owners list below)see owners list belowWinter Park West Condos on Lot 5 West Winds Sub Ph. 4 & 52WP East Condominium (see owners list below)see owners list belowWP East Condos on Lot 1 West Winds Sub Ph. $ & 53VTR Spring Creek Inn, LLCc/o Altus Group PO Box 71970, Phoenix, AZ 85050-1017Lot 1, Block 2, West Winds Subdivision Phase 44SNH/LTA Properties TrustTwo Newton Place, Newton, MA 02458Lot 1, Block 2 West Winds Subdivision Phase 35Harvest Creek Subdivision Phases 10 & 11c/o City of Bozeman 121 North Rouse, Bozeman, MT 59715Open Space, Harvest Creek Subdivision Phases 10 & 116Ryan A. Melin and Cadie A. Melin1293 New Holland Drive, Bozeman, MT 59718-5922Lot 1, Block 23, Harvest Creek Subdivision Phase 8 & 97City of Bozeman121 North Rouse, Bozeman, MT 59715Tract 4 W2W2SW4 S02, T02S, R05E8Janet M Swenson4959 Durston Road, Bozeman, MT 59718-9499Tract 1A COS 2007 SE4 S3, T2S, R5E 9Gallatin County311 West Main Street, Bozeman, MT 59715-4574Tract 3A-1 COS 2202BPublic Safety CondominiumsCity of Bozeman121 North Rouse, Bozeman, MT 59715Fire Station Unit, Public Safety CondominiumsGallatin County311 West Main Street, Bozeman, MT 59715-4574911 Unit, Public Safety Condominiums1Winter Park West CondominiumsKrystal RedmondPO Box 3905, Bozeman, MT 59772Unit 1, Winter Park West CondominiumTodd Edward Bennett1680 Davis Lane, Bozeman, MT 59718Unit 2, Winter Park West CondominiumAnthony Smith1670 Davis Lane, Bozeman, MT 59718Unit 3, Winter Park West CondominiumMGME EnterprisePO Box 2948, Great Falls, MT 59403Unit 4, Winter Park West CondominiumCesar Caldron and David W. Stoll1650 Davis Lane, Unit A, Bozeman, MT 59718Unit 5, Winter Park West CondominiumArthur K. Thomas and Linda A. Thomas3515 Tree Farm Road, Hillsborough, NC 27278Unit 6, Winter Park West CondominiumCaroline Bach Wood1630 Davis Lane, Bozeman, MT 59718Unit 7, Winter Park West CondominiumAlexandra Greene3295 Breeze Lane, Bozeman, MT 59718Unit 8, Winter Park West CondominiumChristopher Haas and Carissa Haas3255 Breeze Lane, Bozeman, MT 59718Unit 9, Winter Park West CondominiumGary W. Brester and Colleen A. Brester430 Comfort Lane, Bozeman, MT 59718Unit 10, Winter Park West CondominiumRenee Storm3275 Breeze Lane, Unit A, Bozeman, MT 59718Unit 11, Winter Park West CondominiumKaren Anne May7025 10th NW, Seattle, WA 98117Unit 12, Winter Park West CondominiumVictoria Walter3285 Breeze Lane, Bozeman, MT 59718Unit 13, Winter Park West CondominiumDK Outlaw Properties, LLC991 Candlelight Drive, Bozeman, MT 59718Unit 14, Winter Park West CondominiumDK Outlaw Properties, LLC991 Candlelight Drive, Bozeman, MT 59718Unit 15, Winter Park West CondominiumCrystal Chase Kirchhoff and Craig A. Kirchhoff3240 Winter Park Street, Bozeman, MT 59718Unit 16, Winter Park West CondominiumMichael J. Moore and Tracey F. Moore3077 Red Deer Trail, Lafayette, CO 80026Unit 17, Winter Park West CondominiumMelissa S. Hanson, Douglas L. Hanson and Kathy A. Hanson3170 Winter Park Street, Unit A, Bozeman, MT 59718Unit 18, Winter Park West CondominiumKathleen Hanson, Douglas Hanson and Kathy Hanson3170 Winter Park Street, Unit B, Bozeman, MT 59718Unit 19, Winter Park West CondominiumDrucken Miller, LLC & Drucken Miller Investments147 Longhorn Spur, Belgrade, MT 59714Unit 20, Winter Park West CondominiumTyler J. Charlo and Jocelyn A. Drange1635 New Holland Drive, Unit A, Bozeman, MT 59718Unit 21, Winter Park West CondominiumJohanne Lebeau and Laurent Lord1635 New Holland Drive, Unit B, Bozeman, MT 59718Unit 22, Winter Park West CondominiumSteve Lofshult17543 Talbot Road, Sioux City, IA 51109Unit 23, Winter Park West CondominiumNicole L. Halverson3185 Breeze Lane, Unit A, Bozeman, MT 59718Unit 24, Winter Park West CondominiumRonald Pike and Deborah Greany3185 Breeze Lane, Unit B, Bozeman, MT 59718Unit 25, Winter Park West CondominiumMichael A. Zolnosky and Linda L. Zolnosky4340 Cliff Top Road, Sturgeon Bay, WI 54235Unit 26, Winter Park West CondominiumNicholas Kasser and Britta Kallestand3245 Breeze Lane, Unit B, Bozeman, MT 59718Unit 27, Winter Park West Condominium2WP East CondominiumsSteve L. Denny and Catherine J. Lay1685 Windward Ave, Unit A, Bozeman, MT 59718Unit 1, WP East CondominiumBrandon L. Hjelseth and Carmen D. Hjelseth1685 Windward Ave, Unit B, Bozeman, MT 59718Unit 2, WP East CondominiumTerry Smit and Margaret Denise Smit4918 Green Run Court, Richmond, VA 23228Unit 3, WP East CondominiumThomas King8260 Huffine Lane, Bozeman, MT 59718Unit 4, WP East CondominiumJim M. Muzynoski and Denise A. Muzynoski45 Snow Creek Drive, Bozeman, MT 59718Unit 5, WP East CondominiumJess Horlacher and Andrea Horlacher211 Linney Spur Road, Bozeman, MT 59718Unit 6, WP East CondominiumScot Shank and Mac Shank104 East Main Street Suite 401 & 402, Bozeman, MT 59715Unit 7, WP East CondominiumDonna M. Krause and Meghan E. Krause3005 Breeze Lane, Bozeman, MT 59718Unit 8, WP East CondominiumJohn D. Armstrong and Lois M. Armstrong955 Eudora Street, Unit 1804, Denver CO 80220Unit 9, WP East CondominiumFubar Holdings II, LLC347 S. Ferguson, Suite 2, Bozeman, MT 59718Unit 10, WP East CondominiumNorman Holdings, LLCPO Box 3086, Bozeman, MT 59772Unit 11, WP East CondominiumBrody Flats, LLC3 Park Plaza Road, Bozeman, MT 59715Unit 12, WP East CondominiumBrody Flats, LLC3 Park Plaza Road, Bozeman, MT 59715Unit 13, WP East CondominiumAaron Kessel and Tracy Kessel35010 Hwy 23, Sidney, MT 59270Unit 14, WP East CondominiumChief JoJo, LLC3 Park Plaza Road, Bozeman, MT 59715Unit 15, WP East CondominiumChief JoJo, LLC3 Park Plaza Road, Bozeman, MT 59716Unit 16, WP East CondominiumKathleen A. Ralph and David D. Grimland220 North 4th Street, Columbus, MT 59019Unit 17, WP East CondominiumShyla Syverson1660 New Holland Drive, Bozeman, MT 59718Unit 18, WP East CondominiumCraig G. Druckenmiller and Jancie M. Druckenmiller147 Longhorn Spur, Belgrade, MT 59714Unit 19, WP East CondominiumPage 1389
West Winds SW SubdivisionAdjacent Owners - 200 FeetFEBRUARY 2018Craig G. Druckenmiller and Jancie M. Druckenmiller147 Longhorn Spur, Belgrade, MT 59714Unit 20, WP East CondominiumSara Mines3070 Winter Park Street, Unit B, Bozeman, MT 59718Unit 21, WP East CondominiumSusan C. Sullivan3070 Winter Park Street, Unit A, Bozeman, MT 59718Unit 22, WP East CondominiumLisa Fabian3040 Winter Park Street, Unit B, Bozeman, MT 59718Unit 23, WP East CondominiumDouglas Drury Cooper3040 Winter Park Street, Unit A, Bozeman, MT 59718Unit 24, WP East CondominiumSterling Richard Nathan Hill3055 Breeze Lane, Unit A, Bozeman, MT 59718Unit 25, WP East CondominiumJoseph V Womack & Karen H. Womack3091 Park Hill Drive, Billings, MT 59710-2000Unit 26, WP East CondominiumApril Huber and Casey Bennett3045 Breeze Lane, Bozeman, MT 59718Unit 27, WP East Condominium*denotes change or addition in ownershipPage 2390
WEST WINDS SW SUBDIVISION
PRELIMINARY PLAT APPLICATION
Table of Contents
Preliminary Plat Application Forms
Development Review Application Form (A1)
Subdivision Preliminary Plat Required Materials Form (PP)
Subdivision Preliminary Plat Checklist (PP1)
Noticing Materials (N1)
Noticing Map
Application Narrative
Part I
Introduction
Pre-Application Responses
General
Planning
Engineering
Park
Figure 1 – Vicinity Map
Figure 2 – Aerial Map
Part II
Supplemental Information
Groundwater
Geology, Soils & Slopes
Agriculture
Agriculture Water User Facilities
Water & Sewer
Stormwater Management
Streets, Roads & Alleys
Utilities
Educational Facilities
Land Use
Parks & Recreation Facilities
Lighting Plan
Affordable Housing
Figure 3 – Geologic Map
Figure 4 – Soils Map
Figure 5 – Slope Map
Figure 6 – Alley Details
Figure 7 – Zoning Map
Figure 8 – Future Land Use Map
Part III
Summary
391
WEST WINDS SW SUBDIVISION
PRELIMINARY PLAT APPLICATION
Table of Contents
Appendices
Appendix A: Preliminary Plat
Appendix B: Engineering Plans
Appendix C: Governing Documents
Appendix D: Water Rights Information
Appendix E: Traffic Impact Study
Appendix F: Fire Department Correspondence
Appendix G: Snow Storage Plan
Appendix H: Geotechnical Report
Appendix I: Park Plan
Appendix J: Agency Correspondence
Appendix K: Water Distribution Report
Appendix L: Sanitary Sewer Design Report
Appendix M: Storm Drainage Design Report
Appendix N: Lighting Plan & SILD Information
Appendix O: Encroachment Permit Application
Appendix P: Exemption Request Materials (MDEQ)
Appendix Q: Weed Management Plan
Appendix R: Platting Certificate
392
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
393
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
394
Development Review Application A1 Page 3 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
B. Application materials shall be submitted for each application as shown in the specific guidance
and checklists that is provided for each application type. A common development review application
form and common notice materials may be provided for an application that includes more than one
application type. All other application materials shall be submitted for each individual application
type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for
all application types before the submittal will be accepted. The only exception to this is an informal
review application that may be signed by the applicant(s) only.
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. I acknowledge that the City has an Impact Fee
Program and impact fees may be assessed for my project. Further, I agree to grant City personnel
and other review agency representative’s access to the subject site during the course of the review
process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make necessary
corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction
not in compliance with the approved final plan may result in delays of occupancy or costs to correct
noncompliance.
Applicant
Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of the
corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
395
BOZEMAN FIRE
STATION #3 &
GALLATIN COUNTY
911 CENTER
SOURCE: CITY OF BOZEMAN GIS DEPARTMENT
VICINITY MAP
WEST WINDS SW SUBDIVISIONPROJECT NO.
102.09
FIGURE NO.
1
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 11/28/2017
I
1,000 0500
GALLATIN COUNTY
REGIONAL PARK
HARVEST CREEK
SUBDIVISION
DURSTON MEADOWS
SUBDIVISION
WEST WINDS
SUBDIVISION
OAK SPRINGS
SUBDIVISION
CROSSING 2
SUBDIVISION
BAXTER MEADOWS
SUBDIVISION
ANNIE
SUBDIVISION
ROSE
PARK
SUBDIVISION
ANNIE
SUBDIVISION
BAXTER SQUARE
SUBDIVISION
SUBJECT
PROPERTY
3534
23
10 11
23
T2S R5E
T1S R5E
WEST OAK STREETDAVIS LANEBAXTER LANE
FERGUSON AVENUEDURSTON ROAD
396
WEST WINDS SW SUBDIVISION
PRELIMINARY PLAT APPLICATION
1
Part I
Introduction
This preliminary plat application consists of a request to subdivide 10.98 acres to create 42
townhouse lots and 31 single-family lots for a total of 73 residential lots. The properties subject
to this subdivision request are generally located at the corner of West Oak Street and Davis
Lane as shown on Figure 1 and Figure 2.
The properties are legally described as Lots 2, 3 & 4 of the Amended Plat of Lot 1 and Lot 2 of
Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and
Lot 1 of Block 4 of West Winds Major Subdivision Phase 5. A copy of the Preliminary Plat is
provided in Appendix A of this application submittal.
The land uses and densities proposed as part of this application are in accordance with the
underlying City of Bozeman zoning designation of R-3, the Bozeman Community Plan Future
Land Use designation of Residential and the West Winds Planned Community PUD.
Access to the individual lots will be provided by way of an extension of New Holland Drive, a City
of Bozeman standard local street, and an interior network of alternative alleyways. Details
regarding the accesses are provided in Part II.4 below and in the appendices referenced therein.
Water supply, wastewater disposal and storm water treatment will be provided through the
extension of City of Bozeman facilities. Plans and specifications for these extensions are
included in the engineering plans provided in Appendix B.
Note: Maps and Figures that are referenced throughout this narrative will be located at the
back of the Part in which they are referenced.
Pre-Application Responses
Outlined below is a series of comments received from the City of Bozeman Department of
Planning and Community Development, the City of Bozeman Engineering Department, the
Development Review Committee and the Recreation and Parks Advisory Board as a result of
their Pre-Application review. Also included are the Standard Code Provisions germane to this
particular subdivision request as identified during the Pre-Application review. Responses to each
comment and code provision are provided in bold print.
General
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.
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The applicant acknowledges that they are subject to all lawful requirements of the
Bozeman Municipal Code and/or state law.
2. Waivers – The DRC finds that the submittal material for groundwater,
Geology/Soils/Slopes, parks, transportation, and affordable housing are required. All
other supplemental plat materials are waived.
Details regarding Groundwater, Geology, Soils and Slopes, Parks and
Recreational Facilities, Transportation, and Affordable Housing, along with any
relevant supplemental reference materials, are provided in Part II and the
Appendices of this application submittal.
Planning
Subdivision Advisory Comments
1. Phasing – Phase 1 acceptable as proposed, Phase 2 leaves long dead ends – turn-
arounds are needed or revise Phase 3 to include balance of New Holland. Applicant
may consolidate all phases to a single phase if desired.
Early plans to phase this subdivision have been changed and phasing is not
proposed with this subdivision.
2. Block numbers must be added to the plat.
Block numbers have been added to the preliminary plat. A copy of the preliminary
plat is provided as Appendix A of this application submittal.
3. Covenants shall not prohibit use of the larger corner lots for two-household residences
or accessory dwellings.
Covenants will not prohibit the use of the larger corner lots for two-household
residences and/or accessory dwellings. Furthermore, as detailed in the
concurrent PUD Preliminary Plan application, those lots are identified as multi-
family lots.
4. Compliance with the original PUD as amended and prior subdivision conditions of
approval must be demonstrated with the preliminary plat submittal.
Compliance with the West Winds Planned Community PUD and applicable
conditions of subdivision approval are detailed throughout this application
narrative and the supplementary materials provided in the Appendix.
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5. Design related –
a. The West Winds PUD contains the following condition: “The Covenants and
Design Guidelines must state the means in which building orientation will be
mitigated along the arterial and collector streets. The lots shall provide a front
porch or false façade, a sidewalk connection to each building, and the covenants
shall prohibit the construction of fences unless constructed less than 4 feet tall
with a coordinated design for all of the lots backing up to Oak Street, Baxter
Lane, 27th Avenue and Davis Lane.” Preliminary Plat submittal shall clearly
indicate the provisions to address this condition.
This subdivision will be subject to the West Winds Declaration of Covenants,
Conditions and Restrictions (West Winds Covenants). As a result, the
requirements detailed above will be met through adherence to the provisions of
Section 12.16 accordingly. A copy of the West Winds Covenants is provided as
Appendix C of this application submittal.
b. Lot 18 at Corner of Davis/Oak – show building envelope, appears questionable to
be buildable lot with additional easement in place.
Building envelopes for the lots within this subdivision are provided as part of the
PUD Preliminary Plan application materials. In that application, an envelope for
Lot 18 has been identified. Also included in those materials are conceptual
building renderings that illustrate the feasibility of the building envelope for Lot
18.
6. Alleys are described as easements. They must be platted and dedicated with final plat.
Layout does not show ownership lines corresponding with easements.
Alley “A”, Alley “B” and Alley “C” are shown on the Preliminary Plat as dedicated
alleyways the area for which is included in the total public right-of-way
calculation. Individual lot lines correspond to the dedicated right-of-way
boundaries. A copy of the Preliminary Plat is provided in Appendix A.
7. Describe the placement of irrigation equipment for public right of way and water source.
A new irrigation well is proposed with this development. The well is located on
the Northeast corner of the site between Lot 1 and Lot 2 of Block 4. New irrigation
lines will be installed with all of the other subdivision improvements accordingly.
8. Where alleys are present, access to the lot shall be taken from the alley and not the
adjacent street.
Primary access to the individual lots is by way of the proposed alley rights-of-way
where available.
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Planned Unit Development Advisory Comments
1. A planned unit development is required due to the lack of street frontage compliant with
Section 38.24.090.B.2 and for the non-standard street/alley configuration. As discussed
at the DRC meeting there are several alternatives which may make the PUD
unnecessary.
As mentioned, a PUD Preliminary Plan application has been submitted along with
this subdivision application. The objective of the concurrent review is to provide
context to this subdivision and demonstrate compliance with the existing
relaxations approved as part of the West Winds Planned Community PUD and
justify the additional relaxation noted above.
2. The original West Winds PUD was provided with an open space and park dedication up
to a maximum number of dwellings. A revised accounting up to and including the
development proposed with this plat must be provided with preliminary application. If
additional open space or park land is necessary, staff supports cash or improvement-in-
lieu to be used within the bounds of the overall West Winds PUD.
A detailed parkland accounting and park improvements-in-lieu plan is provided in
the Part II.3 below.
Engineering
Code Provisions Requiring Plan Corrections
1. BMC Section 32.23.180 states: the transfer of water rights or the payment of cash-in-
lieu (CILO) of water rights shall be provided. The applicant must contact the City
Engineering Department (Brian Heaston) for an analysis of CIL of water rights and pay
any CIL of water rights due prior to site plan approval.
Brian Heaston with the City Engineering Department has been contacted
regarding the transfer of water rights, his correspondence is provided in
Appendix D. In summary, his determination is that based on the amount of cash-
in-lieu of water rights (CIL WR) provided with the West Winds Subdivision Phases
4 and 5, no additional CIL WR is necessary to offset the demands of the West
Winds SW Subdivision.
Advisory Comments
1. Bozeman Municipal Code (BMC) Section 32.24.060.B.4 states: All arterial and collector
streets and intersections with arterial and collector streets shall operate at a minimum
level of service “C” unless specifically exempted by this subsection. Level of service
(LOS) values shall be determined by using the methods defined by the most recent
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edition of the Highway Capacity Manual. A development shall be approved only if the
LOS requirements are met in the design year, which hall be a minimum of 15 years
following the development application review or construction of mitigation measures if
mitigation measures are required to maintain LOS. Intersections shall have a minimum
acceptable LOS of “C” for the intersection as a whole.
Three intersections within 0.5 miles of the project do not meet the minimum intersection LOS
standard. These intersections include Baxter Lane and Davis Lane, Oak Street and Davis
Lane, and 27th Avenue and Oak Street. These intersections must be upgraded prior to final
plat approval. The City recently updated the relevant BMC section to allow for a waiver of the
LOS requirement per specific conditions outlined in 38.24.060.B.4 However, the conditions of
the waiver can not be met at this time for two of the intersections.
A Traffic Impact Study has been prepared to analyze the potential impacts of this
subdivision on the area street network. Generally, the study concluded that while
the uses and densities proposed with this subdivision will generate a significant
amount of traffic, recent upgrades to the network in this area have neutralized any
deficiencies that may have been caused by this development. A copy of the Traffic
Impact Study is provided as Appendix E of this application submittal.
2. The applicant must work with the City Engineering Department (Bill Stezner) and City
Fire Department to develop a specific plan for addressing lots that do not front a City
street. Addressing must be sufficient to clearly direct emergency services to lots that are
located on alleys. The applicant must work out the addressing plan prior to preliminary
plat approval, and the plan must be approved by the City Fire Department and City
Engineering Department prior to preliminary plat approval.
The applicant will work with the City Engineering Department and the City Fire
Department throughout the preliminary plat application process to develop a
specific plan for the lots that front Alley A and Alley B.
3. Drive accesses off alleys that have not yet been constructed must be constructed with a
City Standard alley approach. Alternative drive accesses, such as was used in the SW
Condos project, will not be allowed in any phasing of this project.
Drive accesses off of the alleys have been designed in accordance to the City
Standard alley approach. Details of these approaches are provided in the
engineering plans located in Appendix B of this application submittal.
4. The extension of New Holland and the alley in Phase II must be constructed with
temporary turn-arounds that must remain in place until Phase III in constructed. The
temporary turn-around configuration must be approved by the City Fire Department
prior to preliminary plat approval.
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Early plans to phase this subdivision have been changed and phasing is not
proposed with this subdivision.
5. The applicant must review the proposed emergency access and turnaround at the end
of Alley A with the City Fire Department and make any changes to the turnaround
configuration to meet City Fire Department Requirements. This must be demonstrated
prior to preliminary plat approval.
The City Fire Department has reviewed the access and turnaround at the end of
Alley A and a copy of the correspondence is provided in Appendix F of this
application submittal. The applicant will continue to work with the City Fire
Department throughout the preliminary plat application process.
6. BMC Section 32.23.030.A states: The developer shall install complete drainage facilities
in accordance with the requirements of the state department of environmental quality
and the city, and shall conform to any applicable facilities plan and the terms of any
approved site specific stormwater control plan. The city’s requirements are contained in
the design standards and specifications policy and the city modifications to state public
works standard specifications, and by this reference these standards are incorporated
into and made a part of these regulations.
It appears that drainage facilities have not been taken into account with the draft pre-
application plan. The applicant must demonstrate drainage facilities prior to preliminary plat
approval.
Storm water facilities have been designed in accordance with the applicable City
of Bozeman and Montana Department of Environmental Quality requirements.
Details of these facilities are provided in the engineering plans located in
Appendix B of this application submittal.
7. BMC Section 32.25.020.M states: Snow removal storage areas shall be provided
sufficient to store snow accumulation on site. Such areas shall not cause unsafe
ingress/egress to the parking areas, shall not cause snow to be deposited on public
rights-of-way, shall not include areas provided for required parking access and spaces,
and shall not be placed in such a manner as to damage landscaping.
Snow storage on-site is not sufficient in the proposed plan. The applicant must develop a snow
storage plan and review that plan with the City Streets Superintendent (John VanDelinder).
The applicant must obtain approval of a snow storage plan from the City Streets
Superintendent prior to preliminary plat approval.
A Snow Storage Plan is included as Appendix G of this application submittal. The
applicant will work with the City Streets Superintendent throughout the
preliminary plat application process to modify the plan accordingly.
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8. The project is located in the Far West Sewer Payback District. The applicant must
contact the City Engineering Department (Katherine Maines) to review the required
payment. The applicant must pay the required assessment prior to final plat approval.
Katherine Maines of the City Engineering Department has been contacted
regarding any required payment for the Far West Sewer Payback District. The
applicant will continue to work with the City Engineering Department throughout
the preliminary plat application process and will pay any necessary assessments
prior to final plat approval.
9. The proposed development falls within a known area of high groundwater. No crawl
spaces or basements may be constructed such that sump pumps are required to pump
water from these spaces. Sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are also not allowed to be connected to the drainage
system unless capacity is designed into the drainage system to accept the pumped
water. Water from sump pumps may not be discharged onto streets, such as into the
curb and gutters where they may create a safety hazard for pedestrians and vehicles.
Crawl space and other building construction considerations are included in the
Geotechnical Report located in Appendix H of this application submittal.
10. If not already filed for the subject site, the applicant must provide and file with the
County Clerk and Recorder’s office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
a. Street improvements to Davis Lane including paving, curb/gutter, sidewalk and
storm drainage.
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk and
storm drainage.
c. Intersection improvements to Davis Lane and Oak Street.
d. Intersection improvements to Baxter Lane and Davis Lane.
e. Intersection improvements to N. 27th Avenue and Oak Street.
f. Intersection improvements to Oak Street and Ferguson Avenue.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contributions from the
development, or a combination thereof. The applicant must provide a copy of the filed SID
waiver prior to final plat approval.
If necessary, each of the Waivers outlined above can be included on the face of
the final plat, executed and recorded with the Gallatin County Clerk and Recorder
accordingly.
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11. The applicant must provide a traffic impact study for the proposed project.
A Traffic Impact Study has been completed and a copy is provided as Appendix E
of this application submittal.
Park
1. Documentation of compliance with the parkland dedication requirements of Section
32.24.020, BMC shall be provided with the final plat, preliminary plat layout (site plan) or
individual development site plan. A table showing the parkland requirements for the
overall subdivision or individual site and the method of meeting the parkland dedication
shall be included on the site plan and conditions of approval sheet. The table shall
explicitly state how much parkland credit was allocated for each parcel as approved and
allocated in the development.
The above referenced table is provided in Part II.3 that follows. The applicant will
continue to work with the City Parks Department and the Recreation and Parks
Advisory Board (RPAB) throughout the preliminary plat application process.
2. In addition, each PHASE of the development shall have a copy of the table included on
the site plan covers sheet for each phase. The table must include the information below
(sample table below).
Early plans to phase this subdivision have been changed and phasing is not
proposed with this subdivision.
3. The “west side” trail network is one of the longest and most heavily used trail systems in
the network. There are several gaps in the trail network due to earlier failed
developments (see below). We would support an improvements-in-lieu project to
complete these gaps and refurbish the existing trails. I think we could assist with
permitting for the watercourse crossings if necessary.
The Park Plan included as part of this subdivision application includes the
construction of a new connection to the Mainstreet to Mountains Trail system
referenced above. A copy of the Park Plan is provided in Appendix I of this
application submittal.
This connection is proposed as an improvements-in-lieu alternative to the
amount of parkland dedication that would be required to offset the increase in
residential density. As noted above, this alternative could provide a greater
benefit to the City of Bozeman Park and Trail network than a small land
dedication in this area or cash-in-lieu approach as these improvements will
contribute directly to the impacts associated with this subdivision.
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Part II
Supplemental Information
1. Groundwater
An extensive groundwater monitoring program was completed as part of the preparation
of the 2016 Geotechnical Report provided in Appendix H of this application submittal. The
findings of that report indicate relatively shallow groundwater depths ranging from
approximately 5-feet to 12-feet. Measurements from 33 test pits located throughout the
site were documented from February to April 2016.
The Geotechnical Report includes high groundwater mitigation methods including a
limitation on the depth of crawl spaces and the thoughtful selection of base course
materials.
Groundwater resources will be unaffected by this subdivision and degradation is unlikely.
Beyond the potential for utilization as irrigation on landscaping features within the public
right-of-way, groundwater will not be necessary to service the subdivision. Groundwater
contamination can be avoided through the use of City of Bozeman services in lieu of on-
site wastewater facilities.
2. Geology, Soils & Slopes
Overall, the subject property is relatively flat and there are no geologic irregularities or
unusual soil characteristics that would make this site less suitable for development than
that of the surrounding properties. This site does include a recently reclaimed gravel pit.
The reclamation of the pit included the utilization of native and imported fill material as
recommended in the Geotechnical Report. Future, site specific, geotechnical
investigation will be considered prior to the construction of streets, alleyways and
buildings in those areas within the former extents of the pit site.
A Geologic Map is provided as Figure 3. Geologic hazards, beyond those which exist
throughout the general area in and around the City of Bozeman, are not anticipated. As a
result, there are no protective measures proposed as part of this development.
Soil conditions were analyzed as part of the site specific Geotechnical Report provided
in Appendix H. Test pit measurements and material descriptions of the sites soil
conditions are detailed throughout the report. Generalized soil types in the surrounding
area are illustrated on Figure 4 based on data gathered from the Natural Resource and
Conservation Service soil survey.
Due to the unremarkable topography of the site, cuts and fills of more than 3-feet are not
anticipated. A generalized slope graphic is provided as Figure 5.
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3. Agriculture
There will not be any impact to agricultural lands as a result of this subdivision.
The subject property is located within the corporate limits of the City of Bozeman.
As part of the annexation of the property, a change in the intended uses of the
property would have been considered by the governing body. At the time of
annexation, it was determined that the property was a suitable candidate for the
expansion of urban land uses and that development that is consistent with that
objective was appropriate.
4. Agriculture Water User Facilities
Agricultural water user facilities will be un-affected by this subdivision. There are
no facilities located within the boundaries of this subdivision and no relocation or
immediate impact on any nearby facilities is anticipated or proposed.
5. Water & Sewer
Water supply and wastewater disposal facilities have been designed in
accordance with the applicable City of Bozeman and Montana Department of
Environmental Quality requirements. Details of these facilities are provided in the
engineering plans located in Appendix B of this application submittal.
6. Stormwater Management
Storm water treatment facilities have been designed in accordance with the
applicable City of Bozeman and Montana Department of Environmental Quality
requirements. Details of these facilities are provided in the engineering plans
located in Appendix B of this application submittal.
7. Streets, Roads & Alleys
This proposed subdivision will include a variety of access solutions, the most
notable being the installation of New Holland Drive from the recently completed
section of Breeze Lane to West Oak Street. Also included as part of this proposal
is a series of alternative street sections that provide interior circulation throughout
the site shown as Alleys A, B and C. The objective of these Alleys is to
accommodate the internal access while addressing some of the unique
characteristics of the property. As illustrated on Figure 6, each alley has elements
of both traditional City of Bozeman standard alleys and local street sections in an
effort to provide the most functional access possible.
A Traffic Impact Study has been prepared to analyze the potential impacts of this
subdivision on the area street network. Generally, the study concluded that while
the uses and densities proposed with this subdivision will generate a significant
amount of traffic, recent upgrades to the network in this area have neutralized any
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deficiencies that may have been caused by this development. A copy of the Traffic
Impact Study is provided as Appendix E of this application submittal.
In addition to vehicular accesses, this project provides for multi-modal
transportation methods as well. Each Alley has a width of 32.5-feet and includes a
6.5-foot boulevard and a 5-foot sidewalk where it fronts a residential lot. Coupled
with the relatively low volumes of traffic, the alley provides adequate bicycling
opportunities and the sidewalks allow for safe pedestrian travel. This multi-modal
network provides connections to the larger Mainstreet to Mountains trail system
east of subject property including the link proposed with the Park Plan for this
subdivision.
8. Utilities
The utility providers for this subdivision have been notified of this subdivision
request and given an opportunity to review the lot configuration and access layout
for the project. The applicant will continue to work in conjunction with these
providers to ensure adequate locations for the utility easements necessary for any
future utility needs. Copies of the correspondence are provided in Appendix J of
this application submittal.
9. Educational Facilities
The impact on local educational services will be minimal. Local School Districts
have been notified of this proposal and have indicated the district’s ability to
accommodate the new students anticipated by this subdivision. A copy of the
correspondence is provided in Appendix J of this application submittal.
10. Land Use
As noted throughout this narrative, the land uses and densities proposed as part
of this application are in accordance with the underlying zoning designation of R-
3 (Figure 7) and Future Land Use designation of Residential (Figure 8).
11. Parks & Recreation Facilities
As noted in Part I of this application submittal, the Park Plan included as part of
this subdivision application includes the construction of a new connection to the
Mainstreet to Mountains Trail system referenced above. A copy of Park Plan is
provided in Appendix I of this application submittal.
As proposed, this connection would be an improvements-in-lieu alternative to the
amount of parkland dedication that would be required to offset the increase in
residential density. An accounting of the amount of parkland dedicated with the
original platting of the parent parcels associated with this subdivision is provided
in Table 1 below. Also included in Table 1 is the estimated increase in density, per
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lot, based on the approximate location of each of the lots to be created with this
subdivision.
Table 1
LOTS
(AS PLATTED)
ORIGINAL
ALLOCATION
LOTS
(AS AMENDED)
PROPOSED
APPROPRIATION BALANCE
Lot 1 Block 1 Phase
4 .54 AC. 18 Units Lot 3 .57 AC. 19 Units (.03) (1 Unit)
Lot 2 Block 1 Phase
4 .54 AC. 18 Units Lot 2 .45 AC. 15 Units .09 3 Units
Lot 1 Block 4 Phase
5 .48 AC. 16 Units Lot 4 1.17 AC. 39 Units (.69) (23
Units)
TOTALS 1.56 AC. 52 Units 2.19 AC. 73 Units (.63) 21 Units
The unit total in the “Proposed Appropriation” column is based on the 73 lots
proposed with this subdivision and each row represents the underlying parent
parcel associated, approximately, with each of those lots.
Based on this historical context, Table 2 below is intended to provide an example
tracking mechanism for the satisfaction of the parkland dedication required with
this subdivision. As noted throughout this narrative, an improvements-in-lieu
alternative is being proposed with this application. With that, the variables included
in the Table 2 footnotes apply.
Table 2
12. Lighting Plan
This subdivision is located within the Special Lighting District No. 706. Plans and
specifications for the lighting fixtures approved as part of that District are provided
in Appendix N. Locations for each fixture are illustrated on the engineering plans
in Appendix B.
PUBLIC PARKLAND DEDICATION TRACKING TABLE
SUBDIVISION/PROJECT NAME: West Winds SW Subdivision
Number of Residential
Units/Lots: 73
Total Parkland
Dedicated w/
Subdivision
(Acres)
Cash-in-Lieu
Required¹
Improvements-in-
Lieu Required¹
Overall Project
Balance (Acres)
Parkland Required 2.19 1.56 .63
Cash-in-Lieu
Proposed¹
Improvements-in-
Lieu Proposed¹ $33,130.00 $23,625.00 $9,505.00
¹ If necessary and when approved as an alternative to land dedication.
² Based on $37,500.00/Acre CIL estimate.
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13. Affordable Housing
One of the fundamental objectives of this project is to provide housing that is
accessible to a greater number of potential purchasers. This subdivision serves as
a continuation of the West Winds SW Condominium project north of Breeze Lane.
The vision has been to provide an array of housing types to better accommodate
the needs of the buyer through a mix of ownership types. This project represents
the completion of this goal by creating the townhouse lots and the single-family
lots that will round out the product types.
In addition to the relatively moderate pricing schedule anticipated for this
development, this subdivision is subject to the requirements of Section 38.43.050
of the UDC. It is difficult to predict the project horizon at this point and this project,
like all others, is at the mercy of the unpredictable housing market. In an effort to
address these requirements at the subdivision application stage, a tracking
method is being suggested that will allow for changes in each particular variable
to be accounted for over the course of the development. The data reflected in Table
3 below is derived from information that is available as of this writing:
Table 3
AFFORDABLE HOUSING TRACKING TABLE
SUBDIVISION/PROJECT NAME: West Winds SW Subdivision
Proposed Condominiums Townhomes Detached Total
Projected Unit Total 42 31 73
Total Market Rate Units 29 15 44
Lower-Priced Units 3 4 7
Moderate-Priced Units 13 9 22
Required Condominiums Townhomes Detached Total
Proposed Lower-Priced
Units 3 4 7
Required Moderate-
Priced Units 13 9 22
Fractional Requirement¹
Fractional CIL¹
Unit Types (Lots) Condominiums Townhomes Detached Total
Studio/1 BR
2 BR 8 8
3+ BR 32 33 65
Studio 1BR/2 BR 3+ BR
Lower-Priced Unit² $143,560.50 $174,388.32 $236,043.95
Moderate-Priced Unit² $197,509.18 $236,043.95 $313,113.48
¹ If necessary and when approved as an alternative.
² a) Maximum price based on the AMI determined by the most current HUD adjustment.
² b) Assumes 0% down payment.
² c) Utilizes the AHO Administrative Manual for property taxes, homeowners insurance, PMI and HOA dues of $366.00/Month.
² d) Based on a 30-year mortgage and an interest rate of 4.5%.
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Based on this method, of the 73 lots created by this subdivision, 7 of those lots could
be utilized for the construction of Lower-Priced homes and 22 would be provided to
meet the Moderate-Priced category. What this table does not account for is the
likelihood that these prices would within the general range of the remaining 44 Market
Rate lots and the housing product constructed on them. As a result, the provision of
“Affordable Housing” mandated by the UDC could, ultimately, appear less contrived in
this neighborhood. As outlined in the footnotes of Table 3, this pricing assumes that
there is no down payment for the home and is derived from several variables that will
likely change over time. Those variables include, though are not limited to, HUD’s
annual AMI determination for Gallatin County, a total monthly obligation of $366.00 per
month for property taxes, home owners insurance, personal mortgage insurance and
home owners association dues along with a 30-year mortgage with a 4.5% interest rate.
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Part III
Summary
In approving, conditionally approving, or denying a subdivision preliminary plat, the Bozeman
City Commission shall consider whether the proposed subdivision complies with:
a. Chapter 38 of the Bozeman Municipal Code
This application is intended to satisfy the submittal requirements of Unified
Development Code (Chapter 38, BMC) and those specifically requested as a result
of the Pre-Application review process.
b. Bozeman Community Plan (Growth Policy)
This subdivision proposal meets the intent and standards of the underlying Growth
Policy Land Use Designation of Residential. The uses and densities proposed with
this application are consistent with those intended for this designation.
c. The Montana Subdivision and Platting Act
This preliminary plat application has been prepared with adherence to the Montana
Subdivision and Platting Act. A Summary of Probable Impacts is provided below.
1. Effects on Agriculture
There will not be any impact to agricultural lands as a result of this subdivision.
The subject property is located within the corporate limits of the City of Bozeman.
As part of the annexation of the property in 1997, a change in the intended uses of
the property would have been considered by the governing body. At the time of
annexation, it was determined that the property was a suitable candidate for the
expansion of urban land uses and that development that is consistent with that
objective was appropriate.
2. Effects on Agricultural Water User Facilities
Agricultural water user facilities will be unaffected by this subdivision. There are
no facilities located within the boundaries of this subdivision and no relocation or
immediate impact on any nearby facilities is anticipated or proposed.
3. Effects on Local Services
Water supply and wastewater treatment will be through connection to existing City
of Bozeman Water and Sewer mains. Law enforcement and fire protection will be
provided by the City of Bozeman Police and Fire Departments respectively.
Development of this type is consistent with the types of uses anticipated for this
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area and therefore, should have a predictable impact on the area transportation
network.
The impact on local educational services will be minimal. Local School Districts
have been notified of this proposal and have indicated the district’s ability to
accommodate the new students anticipated by this subdivision.
The utility providers for this subdivision have been provided the opportunity to
review the lot configuration and access layout for this project. The applicant will
continue to work in conjunction with these providers to ensure adequate locations
for the utility easements necessary for any future utility needs.
4. Effects on the Natural Environment
The Overall effect on the natural environment will be minimal. Any potential
impacts will be mitigated to the greatest extent practical.
Neither surface water nor ground water degradation is likely. Groundwater and
surface water within this subdivision will be protected through the use of City of
Bozeman water supply, wastewater disposal and storm water treatment systems
which have been designed in accordance with all local and state requirements
and will be reviewed and approved by the State of Montana.
There are no threatened or endangered plant species known to exist within the
subdivision. A Weed Management Plan has been reviewed and approved by the
Gallatin County Weed Department. The plan addresses weed management and re-
vegetation issues. A copy of the Weed Management Plan is provided in Appendix
Q.
Air quality will not be affected nor will riparian areas, floodplains and wetlands.
5. Effects on Wildlife and Wildlife Habitat
Impacts beyond those which would be common in an urban residential
neighborhood are not anticipated. The subdivision will not have any adverse effect
on fisheries. There are no natural watercourses on site. Public access to public
lands will not be affected by this subdivision. There are no public lands adjacent
to the subject property. The subject property is located within the corporate limits
of the City of Bozeman in an area that has been deemed appropriate for future
urban growth. The subject property is located within the corporate limits of the City
of Bozeman in an area that has been deemed appropriate for future urban growth.
The Montana Department of Fish Wildlife and Parks was notified of this
subdivision, a copy of the correspondence is provided in Appendix J.
412
WEST WINDS SW SUBDIVISION
PRELIMINARY PLAT APPLICATION
17
6. Effects on Public Health and Safety
The subdivision site is located in an area that is not particularly susceptible to
natural hazards. The subject property is not located within the 100-year floodplain
and is not at any higher risk of hazards caused by seismic activity than other
properties in the general area.
d. Other adopted state and local ordinances including, but not limited to applicable zoning
requirements
This subdivision proposal meets the intent and standards of the underlying Zoning
Designation of R-3. The uses and densities proposed as part of this subdivision
are consistent with that zoning district.
413
West Winds SW Subdivision
Adjacent Owners - CONTIGUOUS
December 2017
Map No.Owner Address Property Description
1 Winter Park West Condominium (see owners list below)see owners list below Winter Park West Condos on Lot 5 West Winds Sub Ph. 4 & 5
2 WP East Condominium (see owners list below)see owners list below WP East Condos on Lot 1 West Winds Sub Ph. $ & 5
3 VTR Spring Creek Inn, LLC c/o Altus Group PO Box 71970, Phoenix, AZ 85050-1017 Lot 1, Block 2, West Winds Subdivision Phase 4
4 SNH/LTA Properties Trust Two Newton Place, Newton, MA 02458 Lot 1 West Winds Subdivision Phase 3
5 Harvest Creek Subdivision Phases 10 & 11 City of Bozeman Open Space, Harvest Creek Subdivision Phases 10 & 11
6 Ryan A. Melin and Cadie A. Melin 1293 New Holland Drive, Bozeman, MT 59718-5922 Lot 1, Block 23, Harvest Creek Subdivision Phase 8 & 9
7 City of Bozeman City of Bozeman Tract 4 W2W2SW4 S02, T02S, R05E
8 Janet M Swenson 4959 Durston Road, Bozeman, MT 59718-9499 Tract 1A COS 2007 SE4 S3, T2S, R5E
9 Gallatin County 311 West Main Street, Bozeman, MT 59715-4574 Tract 3A-1 COS 2202B
1 Winter Park West Condominiums
Krystal Redmond PO Box 3905, Bozeman, MT 59772 Unit 1, Winter Park West Condominium
Todd Edward Bennett 1680 Davis Lane, Bozeman, MT 59718 Unit 2, Winter Park West Condominium
Anthony Smith 1670 Davis Lane, Bozeman, MT 59718 Unit 3, Winter Park West Condominium
MGME Enterprise PO Box 2948, Great Falls, MT 59403 Unit 4, Winter Park West Condominium
Cesar Caldron and David W. Stoll 1650 Davis Lane, Unit A, Bozeman, MT 59718 Unit 5, Winter Park West Condominium
Arthur K. Thomas and Linda A. Thomas 3515 Tree Farm Road, Hillsborough, NC 27278 Unit 6, Winter Park West Condominium
Caroline Bach Wood 1630 Davis Lane, Bozeman, MT 59718 Unit 7, Winter Park West Condominium
Alexandra Greene 3295 Breeze Lane, Bozeman, MT 59718 Unit 8, Winter Park West Condominium
Christopher Haas and Carissa Haas 3255 Breeze Lane, Bozeman, MT 59718 Unit 9, Winter Park West Condominium
Gary W. Brester and Colleen A. Brester 430 Comfort Lane, Bozeman, MT 59718 Unit 10, Winter Park West Condominium
Renee Storm 3275 Breeze Lane, Unit A, Bozeman, MT 59718 Unit 11, Winter Park West Condominium
Karen Anne May 7025 10th NW, Seattle, WA 98117 Unit 12, Winter Park West Condominium
Victoria Walter 3285 Breeze Lane, Bozeman, MT 59718 Unit 13, Winter Park West Condominium
DK Outlaw Properties, LLC 991 Candlelight Drive, Bozeman, MT 59718 Unit 14, Winter Park West Condominium
DK Outlaw Properties, LLC 991 Candlelight Drive, Bozeman, MT 59718 Unit 15, Winter Park West Condominium
Crystal Chase Kirchhoff and Craig A. Kirchhoff 3240 Winter Park Street, Bozeman, MT 59718 Unit 16, Winter Park West Condominium
Michael J. Moore and Tracey F. Moore 3077 Red Deer Trail, Lafayette, CO 80026 Unit 17, Winter Park West Condominium
Melissa S. Hanson, Douglas L. Hanson and Kathy A. Hanson 3170 Winter Park Street, Unit A, Bozeman, MT 59718 Unit 18, Winter Park West Condominium
Kathleen Hanson, Douglas Hanson and Kathy Hanson 3170 Winter Park Street, Unit B, Bozeman, MT 59718 Unit 19, Winter Park West Condominium
Drucken Miller, LLC & Drucken Miller Investments 147 Longhorn Spur, Belgrade, MT 59714 Unit 20, Winter Park West Condominium
Tyler J. Charlo and Jocelyn A. Drange 1635 New Holland Drive, Unit A, Bozeman, MT 59718 Unit 21, Winter Park West Condominium
Johanne Lebeau and Laurent Lord 1635 New Holland Drive, Unit B, Bozeman, MT 59718 Unit 22, Winter Park West Condominium
Steve Lofshult 17543 Talbot Road, Sioux City, IA 51109 Unit 23, Winter Park West Condominium
Nicole L. Halverson 3185 Breeze Lane, Unit A, Bozeman, MT 59718 Unit 24, Winter Park West Condominium
Ronald Pike and Deborah Greany 3185 Breeze Lane, Unit B, Bozeman, MT 59718 Unit 25, Winter Park West Condominium
Michael A. Zolnosky and Linda L. Zolnosky 4340 Cliff Top Road, Sturgeon Bay, WI 54235 Unit 26, Winter Park West Condominium
Nicholas Kasser and Britta Kallestand 3245 Breeze Lane, Unit B, Bozeman, MT 59718 Unit 27, Winter Park West Condominium
2 WP East Condominiums
Steve L. Denny and Catherine J. Lay 1685 Windward Ave, Unit A, Bozeman, MT 59718 Unit 1, WP East Condominium
Brandon L. Hjelseth and Carmen D. Hjelseth 1685 Windward Ave, Unit B, Bozeman, MT 59718 Unit 2, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 3, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 4, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 5, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 6, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 7, WP East Condominium
Donna M. Krause and Meghan E. Krause 3005 Breeze Lane, Bozeman, MT 59718 Unit 8, WP East Condominium
John D. Armstrong and Lois M. Armstrong 955 Eudora Street, Unit 1804, Denver CO 80220 Unit 9, WP East Condominium
Fubar Holdings II, LLC 347 S. Ferguson, Suite 2, Bozeman, MT 59718 Unit 10, WP East Condominium
Norman Holdings, LLC PO Box 3086, Bozeman, MT 59772 Unit 11, WP East Condominium
Brody Flats, LLC 3 Park Plaza Road, Bozeman, MT 59715 Unit 12, WP East Condominium
Brody Flats, LLC 3 Park Plaza Road, Bozeman, MT 59715 Unit 13, WP East Condominium
Aaron Kessel and Tracy Kessel 35010 Hwy 23, Sidney, MT 59270 Unit 14, WP East Condominium
Page 1414
West Winds SW Subdivision
Adjacent Owners - CONTIGUOUS
December 2017
Chief JoJo, LLC 3 Park Plaza Road, Bozeman, MT 59715 Unit 15, WP East Condominium
Chief JoJo, LLC 3 Park Plaza Road, Bozeman, MT 59716 Unit 16, WP East Condominium
Kathleen A. Ralph and David D. Grimland 220 North 4th Street, Columbus, MT 59019 Unit 17, WP East Condominium
Shyla Syverson 1660 New Holland Drive, Bozeman, MT 59718 Unit 18, WP East Condominium
Craig G. Druckenmiller and Jancie M. Druckenmiller 147 Longhorn Spur, Belgrade, MT 59714 Unit 19, WP East Condominium
Craig G. Druckenmiller and Jancie M. Druckenmiller 147 Longhorn Spur, Belgrade, MT 59714 Unit 20, WP East Condominium
Sara Mines 3070 Winter Park Street, Unit B, Bozeman, MT 59718 Unit 21, WP East Condominium
Susan C. Sullivan 3070 Winter Park Street, Unit A, Bozeman, MT 59718 Unit 22, WP East Condominium
Lisa Fabian 3040 Winter Park Street, Unit B, Bozeman, MT 59718 Unit 23, WP East Condominium
Douglas Drury Cooper 3040 Winter Park Street, Unit A, Bozeman, MT 59718 Unit 24, WP East Condominium
Sterling Richard Nathan Hill 3055 Breeze Lane, Unit A, Bozeman, MT 59718 Unit 25, WP East Condominium
Joseph V Womack & Karen H. Womack 3091 Park Hill Drive, Billings, MT 59710-2000 Unit 26, WP East Condominium
Islands, LLC PO Box 12037, Bozeman, MT 59719 Unit 27, WP East Condominium
Page 2415
West Winds SW Subdivision
Adjacent Owners - NOT CONTIGUOUS
December 2017
Map No.Owner Address Property Description
1 James R. Sally & Victoria E. Sally 1275 New Holland Drive, Bozeman, MT 59718-5922 Lot 2, Blk 23 Harvest Creek Sub. Ph. 8 & 9
2 Shiloh A. Allen & Rachel C. Allen 3225 John Deere Street, Bozeman, MT 59718-5920 Lot 42, Blk 22 Harvest Creek Sub. Ph. 10 & 11
3 Jerry Allen Andersen Revocatble Living Trust 17821 Misty Lane, Huntington Beach, CA 92649-4916 Lot 41, Blk 22 Harvest Creek Sub. Ph. 10 & 11
4 Bryant Higgs & Heather L. Higgs 3173 John Deere Street, Bozeman, MT 59718-5919 Lot 40, Blk 22 Harvest Creek Sub. Ph. 10 & 11
5 Carlos Mansilla & Rocio Bellido 3161 John Deere Street, Bozeman, MT 59718-5919 Lot 39, Blk 22 Harvest Creek Sub. Ph. 10 & 11
6 James W. Ellis & Carol S. Ellis 3135 John Deere Street, Bozeman, MT 59718-5919 Lot 38, Blk 22 Harvest Creek Sub. Ph. 10 & 11
7 Heather Glenn 3123 John Deere Street, Bozeman, MT 59718-5919 Lot 37, Blk 22 Harvest Creek Sub. Ph. 10 & 11
8 Jason Johnson & Danielle Lindgren 3109 John Deere Street, Bozeman, MT 59718-5919 Lot 36, Blk 22 Harvest Creek Sub. Ph. 10 & 11
9 Denyce M. Towle 3077 John Deere Street, Bozeman, MT 59718-5919 Lot 35, Blk 22 Harvest Creek Sub. Ph. 10 & 11
10 Dante M. Delacruz & Julieta E. Delacruz 2837 Glen Frost Court, San Jose, CA 95148-2540 Lot 34, Blk 22 Harvest Creek Sub. Ph. 10 & 11
Page 1416
TSCHACHE ROAD
W. OAK STREETDAVIS LANEBOZEMAN FIRE
STATION #3 &
GALLATIN COUNTY
911 CENTER
HARVEST CREEK
SUBDIVISION
PHASES 8 & 9
SOURCE: CITY OF BOZEMAN GIS DEPARTMENT
ADJOINER MAP
WEST WINDS SW SUBDIVISIONPROJECT NO.
102.09
FIGURE NO.
2
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 11/28/2017
I
400 0200
SUBJECT SUBJECT SUBJECT SUBJECT
PROPERTYPROPERTYPROPERTYPROPERTYGALLATIN COUNTY
REGIONAL PARK
HARVEST CREEK
SUBDIVISION
PHASES 10 & 11
WEST WINDS
SUBDIVISION
PHASE 3
WEST WINDS
SUBDIVISION
PHASE 5
WEST WINDS
SUBDIVISION
PHASE 4
CROSSING 2
SUBDIVISION
PHASE 4
200-FOOT
BOUNDARY
417
N1
Noticing Materials Page 1 of 1 Revision Date 1-05-16
Required Forms: N1 Recommended Forms: Required Forms:
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all 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
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
418
BAXTER LANE
WEST OAK STREETWINDWARD AVENUESUBJECT
PROPERTY
CITY
LIMITS
SOURCE: CITY OF BOZEMAN GIS DEPARTMENT
AERIAL MAP
PROJECT NO.
102.09
FIGURE NO.
2
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 11/25/2017 DAVIS LANEHUNTERS WAYBREEZE LANE
TSCHACHE LANE
GALLATIN COUNTY
REGIONAL PARK
BOZEMAN FIRE
STATION #3 &
GALLATIN COUNTY
911 CENTER
I600 0300
WEST WINDS SW SUBDIVISION
419
QafQafmQafmTscgQatyQatyQafmQaboQal912SOURCE: MBMG, NRIS & COB GIS DEPARTMENTI5,000 02,500SUBJECTPROPERTYCITY LIMITSGEOLOGIC MAPWEST WINDS SWSUBDIVISIONPROJECT NO.102.09FIGURE NO.3DRAWN BY: TWM DATE: 11/24/2017 MONTANABOZEMAN420
BAXTER LANE
WEST OAK STREETWINDWARD AVENUESUBJECT
PROPERTY
SOURCE: NRCS/CITY OF BOZEMAN GIS DEPARTMENT
SOILS MAP
WEST WINDS SW SUBDIVISIONPROJECT NO.
102.09
FIGURE NO.
4
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 12/11/2017 DAVIS LANEHUNTERS WAYBREEZE LANE
TSCHACHE LANE
GALLATIN COUNTY
REGIONAL PARK
LEGENDLEGENDLEGENDLEGEND
457A
509B
50B
510B
511A
53B
I400 0200
Turner Loam
Moderately Wet:
0 - 2 % Slopes
Meadowcreek Loam:
0 - 4% Slopes
Fairway Silt Loam:
0 - 2% Slopes
Blackdog Silt Loam:
0 - 4% Slopes
Enbar Loam:
0 - 4% Slopes
Amsterdam Silt Loam:
0 - 4% Slopes
421
SOURCE: MBMG, NRIS & COB GIS DEPARTMENTI5,000 02,500SUBJECTPROPERTYCITY LIMITSLEGENDLEGENDLEGENDLEGENDSlope ValueHigh : 25Low : 0SLOPE MAPWEST WINDS SWSUBDIVISIONPROJECT NO.102.09FIGURE NO.5DRAWN BY: TWM DATE: 11/24/2017 MONTANABOZEMAN422
SCHOOL BUS8'7'PARKING8'7'PARKING0.5'CURB5'2.0'VALLEYGUTTER44' ALLEY SECTION (TYP.)SCALE: 1/8"=1'44' ALLEY PLAN (TYP.)SCALE: 1/8"=1'TYPICAL ALLEY DETAIL - 44' R/W(ALLEY "A", "B", & "C")WEST WINDS SW SUBDIVISIONPROJECT NO.FIGURE NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:J:\CIVIL 3D PROJECTS\15020\ACAD\PUD MOD\WW-ALLEY DETAIL.dwg Plotted on Dec/18/201712/2017TWMTWMJCHMONTANABOZEMAN6102.09CLR/W
R/W
5'SIDEWALK34.0'(TBC-TBC)34.0'(TBC-TBC)CLR/W
R/W
8'7'PARKING8'7'PARKING0.5'CURB5.0'2.0'VALLEYGUTTER5'SIDEWALK2' CURB& GUTTER2' CURB& GUTTER423
BAXTER LANE
WEST OAK STREETWINDWARD AVENUESUBJECT
PROPERTY
CITY
LIMITS
SOURCE: CITY OF BOZEMAN GIS DEPARTMENT
ZONING MAP
WEST WINDS SW SUBDIVISIONPROJECT NO.
102.09
FIGURE NO.
7
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 12/11/2017 DAVIS LANEHUNTERS WAYBREEZE LANE
TSCHACHE LANE
GALLATIN COUNTY
REGIONAL PARK
BOZEMAN FIRE
STATION #3 &
GALLATIN COUNTY
911 CENTER
LEGENDLEGENDLEGENDLEGEND
B-2
PLI
R-1
R-2
R-3
R-4
I400 0200
424
BAXTER LANE
WEST OAK STREETWINDWARD AVENUESUBJECT
PROPERTY
CITY
LIMITS
SOURCE: CITY OF BOZEMAN GIS DEPARTMENT
CURRENT LAND USE
WEST WINDS SW SUBDIVISIONPROJECT NO.
102.09
FIGURE NO.
8
BOZEMAN
MONTANA
DRAWN BY: TWM
DATE: 12/11/2017 DAVIS LANEHUNTERS WAYBREEZE LANE
TSCHACHE LANE
GALLATIN COUNTY
REGIONAL PARK
LEGENDLEGENDLEGENDLEGEND
CCMU
PI
POS
RD
I400 0200
COMMUNITY COMMERCIAL
MIXED-USE
(CCMU)
RESIDENTIAL
(RD)
PARKS & OPEN SPACE
(POS)
PUBLIC
INSTITUTIONS
(PI)
425
MEMORANDUM
TO: Community Development
FROM: Carolyn Poissant – Parks Division
CC: Mitch Overton – Director of Parks and Recreation
DATE: April 16, 2018
SUBJECT: West Winds Phase 4 CILP Proposal - 17066
The proposal was presented to the board and discussion focused on the need to complete the park’s
master plan improvements, which included a tot lot. The following motion was approved
unanimously:
RPAB Motion: I hereby recommend approval of the West Winds Phase 4 Park Improvements In Lieu
proposal subject to Master Plan compliance (in particular, a tot-lot), meeting Parkland Dedication
requirements, and review of final plans by the Parks Division staff in accordance with the Unified
Development Code.
According to Community Development staff’s calculations, the CILP amount would be approximately
$50,259.38 (depending on appraisal). Park Dept. staff’s cost estimate with prioritization of desired
improvements is as follows:
COST ESTIMATE FOR PROPOSAL (PARKS) QTY COST
1 Gravel fines trail @ $2 /sf 2160 $4,320.00
2 Pedestrian bridge (20 lf, wood) incl. design & permitting 1 $20,000.00
8 Shade trees along path @ $425 ea 4 $1,700.00
9 Ornamental trees along path @ $300 ea 14 $4,200.00 Subtotal $30,220.00 Tot Lot (additional)
3 Play equipment (approx. 800 SF area) LS $20,000.00
4 Park bench 1 $1,000.00
5 Waste receptacle 1 $400.00
6 Shade trees @ $425 ea 2 $850.00
7 Standard COB park sign 1 $3,500.00 Subtotal $25,750.00 Total estimated cost with tot lot added $60,440.00
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
1,921 S.F.
1,712 S.F.
2,048 S.F.
2,062 S.F.
2,076 S.F.
2,090 S.F.2,368 S.F.
2,359 S.F.
2,349 S.F.
2,795 S.F.
2,977 S.F.
2,491 S.F.
3,108 S.F.
2,601 S.F.
2,601 S.F.2,491 S.F.
2,491 S.F.2,601 S.F.2,492 S.F.
2,464 S.F.2,601 S.F.
2,601 S.F.
2,601 S.F.2,436 S.F.
2,875 S.F.1,921 S.F.
PAP
PAP
EMRLD
EMRLD
AMU
AMU
AMU
JAP
JAP
EMRLD
AMU JAP
JAP
JAP
PAPAMU
JAP
EMRLD
NEW HOLLAND DRIVEBREEZE LANEDAVIS LANEWINTER PARK STREET
WINDWARD AVEHUNTERS WAY
BREEZE LA
N
E
PAP
PAP
EMRLDEMRLD EMRLD
EUR
VANVAN VAN
SPR
AMU
SKY
AMU
JAP
PAP
JAP
PAPWES
SPR
SPR
SPR
WES
AMU
PAP
PAP
EUR EMRLD
EMRLD
JAP
AMU
PAT
JAP
JAP
EMRLD
PATPATPINPINEMRLDEMRLDEURPINPATEMRLDVANEMRLDEUREMRLDVANPARK PLANWEST WINDS SW SUBDIVISIONFIGURE No.
PROJECT NO.J:\CIVIL 3D PROJECTS\15020\ACAD\MASTER PLAN\WW-PARK & OS (NE).dwg Plotted on Dec/19/2017MONTANABOZEMAN1
102.09VERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DRAWN BY:CHK'D. BY:APPR. BY:DATE:12/2017TWMTWMJCHLOT 53.26 AC.
( IN FEET )
0 60
N
PUBLIC PARK1.52 AC.
PUBLIC PARK#20.47 AC.
PUBLIC PARK#10.14 AC.
COMMONOPEN SPACE2.60 AC.
PUBLIC PARK#44.22 AC.
PUBLIC PARK#31.76 AC.
LOT 13.25 AC.
TREES
SORBUS ACUPARIAEUROPEAN MOUNTAIN ASH
BETULA PAPYRIFERA ***PAPER BIRCH
JAP
VAN
SPR
SYRINGA RETICULATAJAPANESE TREE LILAC
PAP
ACER x PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLE
MALUS x 'SPRING SNOWSPRING SNOW CRABAPPLE
ULMUS x 'MORTON PLAINSMAN' ***VANGUARD ELM
SKY
EMRLD
GLEDITSIS TRIACANTHOS v. INERMIS ***THORNLESS COMMON HONEYSUCKLE
EUR
CANADA RED CHOKECHERRY
STRUCTURES
EXISTING TRAIL
PROPOSED CLASS II TRAIL
PROPOSED BRIDGE
LEGEND
BRIDGE SECTION CLASS II TRAIL SECTION
BLOCKING/DIAPHRAGMSREQUIRED AT EACH END, TYP.
BEARING
4'-0" LONG (MIN.) #6REBAR DRIFT PIN EACHSTRINGER BAY.
1"x6" RAILS, TYP.
1 12" STEEL HAND RAIL
4"x2"x316" TOP RAIL WELDEDTO 2"x2" NEWEL POSTS.POWDER COAT FINISH.
4'-0" LONG (MIN.) #6REBAR DRIFT PIN EACHSTRINGER BAY.
C/L BEARING
3" MIN. THICK, 3/4" MINUS COMPACTEDCRUSHED GRAVEL BASE
3" MIN. THICK, 3/8" MINUS COMPACTEDGRAVEL W/ 15% CLAY BINDER
NON-WOVEN NEEDLE PUNCHEDGEO-TEXTLE FABRIC
4:1 MAX SLOPE
2% MAX SLOPE 4:1 MAX SLOPE
NOTE:NATURAL FINES SHALL CONSIST OF80% SAND, 10% CLAY, & 10% SILT
1'-0"6'-0"MIN. WIDTH 1'-0"
AMU
EXISTING VEGETATION
463
PAP
PAP
EMRLD
EMRLD
AMU
AMU
AMU
JAP
JAP
EMRLD
AMU JAP
JAP
JAP
PAPAMU
JAP
EMRLD
HUNTERS WAY
JAP
JAP
EMRLD
PUBLIC PARK#10.14 AC.
COMMONOPEN SPACE2.60 AC.
PUBLIC PARK#31.76 AC.
PARK PLAN
WEST WINDS SW SUBDIVISION PROJECT NO.
FIGURE NUMBER
DRAWN BY:
CHK'D. BY:
APPR. BY:
DATE:
J:\CIVIL 3D PROJECTS\15020\ACAD\MASTER PLAN\WW-PARK & OS (NE).dwg Plotted on Dec/19/2017
( IN FEET )
0 60
N
12/2017
TWM
TWM
JCH
MONTANABOZEMAN
2
102.09
PUBLIC PARK#24.22 AC.
MAIN STREET TOMOUNTAINS TRAIL
TREES
SORBUS ACUPARIAEUROPEAN MOUNTAIN ASH
BETULA PAPYRIFERA ***PAPER BIRCH
JAP
VAN
SPR
SYRINGA RETICULATAJAPANESE TREE LILAC
PAP
ACER x PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLE
MALUS x 'SPRING SNOWSPRING SNOW CRABAPPLE
ULMUS x 'MORTON PLAINSMAN' ***VANGUARD ELM
SKY
EMRLD
GLEDITSIS TRIACANTHOS v. INERMIS ***THORNLESS COMMON HONEYSUCKLE
EUR
CANADA RED CHOKECHERRY
STRUCTURES
EXISTING TRAIL
PROPOSED CLASS II TRAIL
PROPOSED BRIDGE
LEGEND
AMU
EXISTING VEGETATION
464
465
467
SCHOOL BUS8'7'PARKING8'7'PARKING0.5'CURB5'2.0'VALLEYGUTTER44' ALLEY SECTION (TYP.)SCALE: 1/8"=1'44' ALLEY PLAN (TYP.)SCALE: 1/8"=1'TYPICAL ALLEY DETAIL - 44' R/W(ALLEY "A", "B", & "C")WEST WINDS SW SUBDIVISIONPROJECT NO.FIGURE NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:J:\CIVIL 3D PROJECTS\15020\ACAD\PUD MOD\WW-ALLEY DETAIL.dwg Plotted on Dec/18/201712/2017TWMTWMJCHMONTANABOZEMAN6102.09CLR/W
R/W
5'SIDEWALK34.0'(TBC-TBC)34.0'(TBC-TBC)CLR/W
R/W
8'7'PARKING8'7'PARKING0.5'CURB5.0'2.0'VALLEYGUTTER5'SIDEWALK2' CURB& GUTTER2' CURB& GUTTER468
469
470
471
472
473
474
SNOW STORAGE PLANWEST WINDS PLANNED COMMUNITY PUDFIGURE No.PROJECT NO.E:\CIVIL 3D PROJECTS\15020\ACAD\MASTER PLAN\WW-SNOW STORAGE.dwg Plotted on Feb/13/2018DRAWN BY:CHK'D. BY:APPR. BY:DATE:VERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!( IN FEET )0100JCHTWMTWM02/2018102.09G.MONTANABOZEMANWEST WINDS SW SUBDIVISIONSNOW STORAGE PLAN forLEGENDSNOW STORAGE AREATOTAL PROPOSED= 37,448 SFPROPOSEDBUILDING ENVELOPEPROPOSED DRIVEWAY475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490