HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - C3. Approval of West Winds SW Subdivision PUD
Commission Memorandum
REPORT TO: Mayor & City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Approval of the West Winds SW Preliminary Planned Unit Development Findings
of Fact and Order, Application 17584
MEETING DATE: June 18, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the West Winds SW Preliminary Planned Unit Development Application 17584. BACKGROUND: On May 21, 2018, the City Commission reviewed the application for preliminary plat
approval for the West Winds SW Preliminary Planned Unit Development (PUD). The Commission voted
unanimously 3:0 to approve the proposed PUD subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria.
The a dated and signed Findings of Fact and Order documents the review of the project and the final
decision of the Commission. The Findings include Condition 14 established by the Commission regarding
parking along Mistral Way, Bora Way, and Zephyr Way. Site plan Criterion 5 on page 11 of the findings provides the analysis in support of the condition.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property. Impact fees will be collected at the time of issuance of building permits for individual lots
along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: June 6, 2018
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17584, Findings of Fact for West Winds SW Planned Unit Development (PUD)
Modification
Date: Design Review Board (DRB) meeting: April 11, 2018 at 5:30 pm in the City
Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana
City Commission public hearing: May 21, 2018 6:00 pm in the City Commission
Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana
Project Description: A major modification to a previously approved Planned Unit
Development application in association with a 72 lot residential subdivision.
Relaxations approved with the original approval will continue with this application.
Three further relaxations are proposed for an alternative alley section.
Project Location: The application applies to 3270 Breeze Lane, and 1345 and 1553
Windward Avenue.
Action: Approval with conditions including relaxations to Sections 38.24.050, 38.24.080,
and 38.24.090.B.
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 17584 and move to approve the Planned Unit Development,
including the three requested relaxations, with conditions and subject to all
applicable code provisions.
Staff Contact: Chris Saunders, Community Development Manager
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The Planned Unit Development (PUD) modification is proposed in association with a 72 lot
subdivision. The West Winds PUD was originally approved in 2004. Several phases have
been completed and it has been amended several times. A common development plan for a
central park system was provided. PUD performance requirements were proposed to be
met through a combination of open space and affordable housing. Phases 1-3 and 6-8 are
complete and mostly built out. Phases 4 and 5 were recorded as final plats with some
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restrictions. Portions of those phases are developed. The balance of Phases 4 and 5 is
included with this application.
The West Winds PUD included all the property bounded by N. 27th Avenue, Baxter Lane,
Davis Lane, and Oak Street. Several modifications to the original PUD have previously been
approved and continue forward with this application.
The project is at the corner of two arterial streets. The City’s development standards restrict
access locations along arterial streets and discourages double frontage lots where lots face
two public streets on opposite ends of the lot. New Holland Drive divides the parcel north
to south.
To address lot sizing and public access, the applicant proposed an alternate alley section in
three locations paralleling Windward Avenue, Oak Street, and Davis Lane. See Section 2 and
Section 6, page 9 for detail and discussion regarding the three relaxations to City standards
related to the alternate alley section.
This application began review and was deemed adequate for continued review prior to the
effective date, March 31, 2018, of the recent changes to the Unified Development Code
(UDC). Therefore, it is reviewed under the prior version of the UDC and all code references
are to that edition of Chapter 38, BMC.
Design Review Board
The DRB considered the application on April 11, 2018 and recommended approval as
proposed. They recommended inclusion of Condition 6 as part of any action to approve by
the City Commission.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Design Review Board ......................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 – REQUESTED RELAXATIONS ...................................................................... 6
SECTION 3 - CONDITIONS OF APPROVAL ....................................................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 5 - RECOMMENDATION AND ACTIONS ......................................................... 9
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SECTION 6 - ANALYSIS AND FINDINGS .......................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC ................. 15
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 17
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 21
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 23
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 24
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 25
FISCAL EFFECTS ................................................................................................................. 27
ATTACHMENTS ................................................................................................................... 27
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SECTION 1 - MAP SERIES
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SECTION 2 – REQUESTED RELAXATIONS
Planned Unit Development Relaxations are included with this application. The applicant
requested relaxations to the following standards. The summary of each relaxation and the
overall reasoning behind the relaxations is in the project narrative included with the PUD
submittal. Explanatory notes are attached to each section of the municipal code proposed to
be altered.
Summary List of Relaxations Code Section Summary of Section
1. Section 38.24.050 To provide a right of way width of 45 feet for three named alleys
in a non-standard cross section.
2. Section 38.24.080 To provide sidewalks on only one side of three alleys.
3. Section 38.24.090.B To provide non-standard lot frontage and drive access to lots
adjacent to three alleys with non-standard cross sections.
Seven relaxations approved previously with the West Winds planned unit development are
continued forward with this application as they were allowed.
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SECTION 3 - CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report. These conditions are specific to the planned unit development. Additional
conditions apply to the subdivision of the property being processed concurrently with this
planned unit development.
Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final PUD plan shall be submitted, reviewed, and approved prior to approval of the
final plat.
3. The applicant shall submit with the application for Final PUD Plan review and approval,
a written narrative stating how they have responded to each of these comments. This
narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan,
sheet, note, covenant, etc. in the submittal.
4. No property may be removed from the covenants without written approval of the City of
Bozeman.
5. The City of Bozeman has relied upon the overall design standards required as part of the
planned unit development application. The design standards may not be altered without
consent of the City.
6. Fences located in the front, side or rear yard setback of properties adjacent to any park or
open space, Oak Street, or Davis Lane shall not exceed a maximum height of four (4)
feet, and shall be of an open construction designed in a manner to be consistent along
park land and open space areas. Proposed fencing shall conform to Section 38.23.130
"Fences, Walls and Hedges" or any successor section of municipal code. This
requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in
the property owner's association documents. The documents shall include one or more
coordinated fence style(s) acceptable to the City for locations sharing a property line with
a public park or open space.
7. The applicant must include a note on the plat prior to final plat approval indicating that
all alleys must be privately maintained by the homeowner's association. The City will
not maintain the alleys.
8. The applicant must include a note on the plat prior to final plat approval indicating that
the homeowner's association is responsible for maintenance of subdivision stormwater
improvements.
9. The applicant must revise the draft groundwater note on the preliminary plat to indicate
that no basements will be allowed and no crawl spaces exceeding 3-feet in depth will be
allowed due to high groundwater conditions at the site. The applicant must also adjust
the wording on the draft plat regarding City Policy by removing the wording, "…unless
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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.
10. The applicant must include the snow storage plan in the Homeowner's Association
documents and demonstrate the inclusion prior to final plat approval.
11. 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.
12. 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 contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
13. 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. 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 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.
14. Parking on Bora Way, Zephyr Way, and Mistral Way is only allowed on the interior side
of the right of way immediately adjacent to Blocks 5 and 6.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
1. BMC Section 38.24.010.A states: All streets shall be provided in accordance with the
adopted growth policy and/or transportation plan. The arrangement, type, extent,
width, grade and location of all streets shall be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience and safety, and
to the proposed uses of the land to be served by such streets. The applicant must
demonstrate that the curb bulbs in the alleys can accommodate the turn radius of the
City fire trucks and the City garbage trucks prior to preliminary plat approval. The
applicant must obtain approval for the turn radii from the City Fire Department and
the City Solid Waste Division (Kevin Handlin) prior to approval of engineering plans
and specifications and prior to final plat approval.
2. BMC Section 38.24.010.A.12 states: Street signs and other traffic control devices
shall be installed at all intersections and any other location required by the city.
The location, size, shape and height of all traffic control devices shall comply with
city requirements, and shall conform with the Manual of Uniform Traffic Control
Devices (MUTCD) and the city modifications to state public works standard
specifications. The applicant must submit an updated signage and striping plan
prior to approval of infrastructure plans and specifications and prior to final
plat approval that indicates stop signs removed from alley accesses.
3. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to be
necessary, public and/or private easements shall be provided for private and public
utilities, drainage, vehicular or pedestrian access, etc. The applicant’s drawings
indicate telephone utilities located outside the utility easement along Oak Street.
Either the telephone utilities must be relocated inside the easement, or the
applicant must provide additional utility easement width along Oak Street to
include the telephone utility in the easement prior to final plat approval.
SECTION 5 - RECOMMENDATION AND ACTIONS
Having considered the criteria established for residential planned unit developments
approval with conditions is recommended by the Design Review Board (DRB). The DRB shall
forward its recommendation to the City Commission for consideration and action.
The City Commission considered the proposal on May 21, 2018. Their actions are the
subject of these findings of fact. The Commission approved the application and the
associated relaxations by a vote of 3:0.
SECTION 6 - 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
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available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This project proposed residential uses within a residentially planned area. The project
advances goals and policies for infill development and providing a mix of housing types. No
conflicts have been identified with the growth policy future land use designation or goals
and policies. The detail of the applications are at a level of detail not directly established by
the growth policy.
2. Conformance to this chapter, including the cessation of any current violations
There are no known use violations on the property. The project includes several alternative
standards for development within the PUD relating to certain street sections. The
alternatives were approved through this application and therefore, the application
conforms to this chapter. The companion subdivision is addressing issues of installation of
utilities, weed control, and other land development standards.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be verified as the project advances.
4. Relationship of site plan elements to conditions both on and off the property
No conflicts have been identified at this time. The approved site layout provides required
connections to surrounding properties for both vehicles and pedestrians. The surrounding
streets provide a separation from this project to any adjacent property. The layout of
individual parcels will be finalized during building permit review. Existing West Winds PUD
conditions require the street oriented facades to provide a diversity of appearance.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Adequate parking appears to be provided. Parking for each home will be verified when a
building permit is reviewed. The City recently expanded the capacity of the intersection of
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Oak Street and Davis Lane. The City has two pending projects to add traffic control to the
intersections of Davis Lane and Baxter Lane and Oak Street and N. 27th Avenue. These two
intersections do not meet required level of service. However, the project meets the
requirements for the Director of Public Works to issue a waiver of level of service and he
has said he will do so.
The issue of parking along both sides of Bora Way, Mistral Way, and Zephyr Way was
discussed. The special section for these super alley configurations shows parking on both
sides in the applicant’s submittal. The townhome parcels in Block 1-4 of the associated
preliminary plat will primary vehicle access from Bora Way, Mistral Way, and Zephyr Way
and access will occupy most of the edge of the road in such a way that areas large enough
for parking along Blocks 1-4 is unlikely. Therefore, although there is no legal prohibition on
the parking inherent in the design, the quantity of parking on the townhome side is quite
limited.
The Commission discussed the configuration of the Bora Way, Mistral Way, and Zephyr Way
and how they would function and concerns regarding safety. The Commission recognized
the townhome lot configuration on Blocks 1-4 of the associated preliminary plat will limit
ability to park. The Commission established Condition 14 to limit parking along Bora Way,
Mistral Way, and Zephyr Way. The parking limitation will prevent undue congestion due to
conflicts between persons entering individual townhome lots and person trying to park in
areas too small along the Ways adjacent to the townhomes.
6. Pedestrian and vehicular ingress and egress
The site is bounded by two arterial streets, Oak Street and Davis Lane, and three local streets,
Breeze Lane, Windward Avenue, and New Holland Avenue. The access to the arterial streets
is limited so all direct vehicle access to individual lots will occur from the local streets and
alleys. Sidewalks will be constructed along both the arterial and local streets. Sidewalks
along arterial streets are required to be 6 feet wide. The development will create incremental
demand for additional street capacity. Waivers of right to protest special improvement
districts for affected streets and intersections are required as a condition of approval to
mitigate the additional demand.
To complete parkland dedication requirements, the applicant proposes to make some
pedestrian and trail improvements within dedicated parkland and open space and connecting
to the common space in the center of West Winds. There is an internal trail network which
knits the West Winds project into adjacent open spaces and trails.
The custom street section proposed includes a side walk on only one side of the street. All
lots will have access to a sidewalk connecting to the overall street network. The overall
pattern of streets is largely gridded and connects well to adjacent properties.
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The project requests three relaxation to standards relating to alley configuration and lot
access. These are:
1. Section 38.24.050 To provide a right of way width of 45 feet for three named alleys
in a non-standard cross section.
A standard alley has a 20 foot right of way width and does not include sidewalks or
parking. The application proposes a 45 foot width for Bora Way, Mistral Way, and
Zephyr Way as enhanced alleys. This width provides room for parking on both side and a
sidewalk on one side. However, the tight lot spacing along the townhome lots will largely
prevent any functional parking being able to fit along that side of Bora Way, Mistral
Way, and Zephyr Way. These are limited access rights of way. Two way traffic is
supported for emergency services or typical day traffic. The Public Works Department
finds the proposed cross-section acceptable.
2. Section 38.24.080 To provide sidewalks on one side of three named alleys.
Alleys usually do not include sidewalks. However, in this project, the alley is serving as
the primary pedestrian access to Block 5, Lots 9-16 and Block 6, Lots 1-8. Therefore, to
protect public safety and avoid pedestrian and vehicle conflicts it is desirable to have
sidewalks. The sidewalks are placed on the side of the street where it will be the primary
pedestrian access minimizing the number of crossings.
3. Section 38.24.090.B To provide non-standard lot frontage and drive access to lots
adjacent to three alleys with non-standard cross sections.
The City of Bozeman has three standard methods to provide required frontage of lots on a
public street and from which motor vehicles must take access. This relaxation applies
only to lots Block 5, Lots 9-16 and Block 6, Lots 1-8. The relaxation allows these lots to
only have access by way of an alley way rather than an alley and a greenway corridor.
Given the size of the parcels, existing local street location of New Holland, and the
connectivity pattern it appears that this relaxation is justified to create reasonable lots
within existing constraints. The non-standard alley configuration allowed by Relaxations
1 and 2 provide for essential pedestrian access through sidewalks that meet the intended
purpose of the greenway corridor. Non-standard streets create unusual levels of
maintenance for the City. Therefore, to mitigate this demand the home owners
association is required to provide maintenance for the three named alleys and disclosure
of this responsibility must be included as a note on the plat.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
Landscaping will primarily be provided on individual lots. Additional landscaping is proposed
within the developed park areas of the earlier West Winds phases. Landscaping points are
not applicable to individual home lots or to the park areas.
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8. Open space
The project includes one common open space which will provide snow storage and will
preserve the vision triangle for the intersection of Oak Street and Davis Lane. The required
open space for a PUD was provided with the original West Winds development.
9. Building location and height
The originally approved PUD for West Winds included various relaxations to building
setbacks and height requirements. No changes to those relaxations is requested with this
application. Correct placement of buildings will be verified with individual building permits
for each dwelling.
10. Setbacks
No changes to setbacks are proposed. Verification of compliance will occur during building
permit review. Setbacks were recently changed, generally lessened, for residential
properties as part of the updates to the Unified Development Ordinance.
11. Lighting
Lighting has already been installed along Oak Street. Additional City standard lighting will be
provided along Davis Lane and appropriate internal intersections. There is an existing
special improvement lighting district in place for Phase 4. This development will be an
amendment to that district. A larger district is generally preferable to a smaller one as it
provides more consistent service levels and is administratively less difficult.
12. Provisions for utilities, including efficient public services and facilities
Utilities have already been installed along Oak Street. No change to installed utilities is
proposed except for the resolution of one communication line which lies outside of the
utility easement. Public water and sewer will be installed under the local streets. Utility
easements for private utilities will be provided on each lot through the associated
subdivision.
Installation of water and sewer utilities will be addressed with the associated subdivision.
13. Site surface drainage
Drainage is placed within appropriate locations and is adequate to need. The storm water
plan and maintenance will be primarily addressed with the associated subdivision.
14. Loading and unloading areas
None are proposed.
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15. Grading
The site has little natural contours. No substantial grading is proposed with this application.
Minor site grading will occur with development of each individual lot. A small former gravel
pit located on the site has been filled in and leveled.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the overall PUD requires screening. Individual mechanical
equipment for each lot is required to be screened as a minimum code requirement.
Condition 6 limits the maximum height of fences along streets and parks to 4 feet. This
balances the need for screening and containment of personal goods with the character of
the street. This requirement was made, with less specificity, with the original West Winds
PUD. The present language provides additional clarity of expectation and coordinates
between all the lots.
18. Overlay district provisions
Not applicable to this application as it is outside of all overlay locations.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
Not applicable. The resubdivision of the site will create independently operable lots.
21. Compliance with article 38.43 of the Bozeman Municipal Code.
This section is the requirement for provision of price controlled dwellings. This issue is being
addressed with the subdivision associated with this PUD.
22. Phasing of development
The project is proposed as a single phase.
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Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The individual lots are of a size to be adequate for development as allowed in the R-3 zone.
Topographic change across individual lots is minimal. Parking is provided on each lot and
along the public streets and the non-standard alleys. Lots adjacent to Oak Street and Davis
Lane will need to provide all on-site parking.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden of
proof;
The use as townhomes and detached homes is consistent with the general character of the
area as housing. No adverse impacts to abutting properties have been identified.
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3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
There is an existing requirement on the West Winds PUD for lots with double frontage to be
constructed with a “front” appearance to both sides. This requirement continues forward
with this application. The applicability of this existing requirement is confirmed to this
application and future building permits. To maintain a front facing appearance as required
by the existing condition of approval, an additional condition is proposed restricting fence
locations. This will ensure that any constructed fences maintain a character consistent with
a front presentation to the street. This will maintain the character of the development
created with earlier phases of West Winds, will provide informal visual surveillance of the
adjacent sidewalks, and facilitate maintenance of the sidewalks.
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F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording will be prepared after action by the City Commission.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
In addition to the criteria for all site plan and conditional use reviews, the following criteria
will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. Little natural
vegetation remains. New vegetation will be installed as homes are constructed.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive
planned unit development?
Yes, the proposed subdivision layout is coherent. This application does not include a specific
site plan. Development will occur through individual building permits for each new lot. The
small open space at the SW corner provides a small visual relief at the corner of a very busy
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intersection. This will ensure that drivers or pedestrians approaching the intersection can
see one another and avoid collisions.
(4) Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement; transportation networks; selection and placement
of landscape materials; and/or use of renewable energy sources; etc.) contribute to the
overall reduction of energy use by the project?
The project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
be integrated in to the existing and developing pedestrian and bicycle network which will
enable travel without motor vehicles. The site is in the northwestern quadrant of the City.
Several business centers are available within ready non-motorized travel distances. The site
is well connected to the transportation network.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
The site designs for individual lots are not known at this time. They will be designed
individually.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project addresses park requirements through the associated subdivision preliminary
plat. That application proposes to make improvements to the existing West Winds park.
Staff believes the proposal to be sound and to meet the requirement.
(7) Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of options listed in the code. The Preliminary PUD must specify
how the performance points are being met. The overall 2004 West Winds PUD met this
requirement with dedication of open space with public access and land for affordable
housing.
This is completed with the construction of a 48 unit affordable housing complex along N.
27th Avenue. A second parcel is also available and is seeking funding from the Montana
Board of Housing to construct a second project which would complete the required number
of homes. No construction has yet been approved for the second phase. Condition 18 of the
October 7, 2007 modifications, page 12 of the conditions of approval document, includes a
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specific statement that the affordable housing dwelling units must be constructed or funds
paid for cash-in-lieu of parkland for the percentage of performance points not met. No
obligation to the present application remains.
Condition 6 of the 2005 amendments to the PUD, page 12 of the conditions of approval
document, restricts a maximum density allowed with the presently configured open space
and affordable housing. Additional units are allowed if additional performance benefits are
provided. It appears no additional performance benefits are required. Additional park
mitigation is being provided through the subdivision review for the additional units in this
development.
Open space provisions for phased PUD developments: If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to
meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for
each phase shall be determined for each specific project at the time of preliminary approval
and shall not be based solely upon a proportional or equal share for the entire site.
The application satisfies the requirement because the park and open space area has already
been platted in earlier phases. The affordable housing area has been platted and
construction of affordable housing has occurred. The necessary additional park mitigation is
being provided proportionally to the additional impact from this project.
(8) Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
"pad" to adjoining development?
The overall property is well integrated into the arterial and collector system. Local streets
provide additional connectivity. New Holland Drive directly connects this project to earlier
development to the north and south. Breeze Lane connects to existing development to the
east.
Approval of the additional relaxations requested with the modification will not alter these
patterns.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to enhance
the natural environmental, conserve energy, recognize, and to the maximum extent
possible, preserve and promote the unique character of neighborhoods, with provisions
for a mix of limited commercial development. For purposes of this section, "limited
commercial development" means uses listed in the B-1 neighborhood service district
(article 10 of this chapter), within the parameters set forth below. All uses within the PUD
must be sited and designed such that the activities present will not detrimentally affect
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the adjacent residential neighborhood. The permitted number of residential dwelling
units shall be determined by the provision of and proximity to public services and subject
to the following limitations:
(1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
The property is planned a Residential and zoned as R-3. The proposed lot sizes are
consistent with R-3 standards. The growth policy suggests a range of density between 6-32
units per net acre. The proposed layout and lot sizing meets this range.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve?
Private spaces are provided on each lot. There are large street corridors to the south and
west that prevent buildings from being constructed that would block light or ventilation.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, private open spaces are provided on each lot and dedicated park land has already been
provided. The project is adjacent to the Gallatin County Regional Park.
(4) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
No density bonus is requested.
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. The site has been annexed for many years and is served by municipal services.
Additional on-site extensions of services were provided as is expected with new
development.
(6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
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lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
No density bonus is requested.
(7) Limited commercial. If limited commercial development, as defined above, is proposed
within the project, is less than 20 percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, the proposed phase is consistent with the overall West Winds PUD. Similar uses are
provided in adjacent private development. The street network is well connected. The area is
subject to existing design standards of the West Winds PUD.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38, Articles 19, 20, and 40, BMC, and other applicable sections of
Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to
affected parties, and a review of the preliminary plan for the planned unit development
described in this findings of fact was conducted. The applicant presented to the City a
proposed preliminary plan for a planned unit development as a fifth and sixth phases of an
existing PUD. The phase includes 72 lots for a mix of dwelling types, with associated open
spaces, parkland and streets. Three new relaxations to City standards were proposed. The
purposes of the preliminary plan review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the
plat should be approved, conditionally approved, or denied.
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B) It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plan and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plan of the PUD would comply with the requirements of
the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the City
Commission makes the following decision.
C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
D) This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, by following the procedures of Section 38.35.080, BMC. The
preliminary approval of this planned unit development shall be effective for one (1) year
from the date of the signed Findings of Fact and Order approval. At the end of this period
the City may, at the request of the developer, grant individual extensions to its approval by
the Community Development Director for a period of not more than six months at a time
consistent with the requirements of Section 38.19.120 and 38.20.060, BMC.
DATED this _______day of , 2018.
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
ATTEST:
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_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential
Medium Density District). The intent of the R-3 residential medium density district is to
provide for the development of one- to five-household residential structures near service
facilities within the city. It should provide for a variety of housing types to serve the varied
needs of households of different size, age and character, while reducing the adverse effect
of nonresidential uses.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the
use of an automobile. Implementation of this category by residential zoning should provide
for and coordinate intensive residential uses in proximity to commercial centers. The
residential designation indicates that it is expected that development will occur within
municipal boundaries, which may require annexation prior to development.
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
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for development at a lower density than normally expected within this category. All
residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints, such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation
is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Previous Review: The project was reviewed as a PUD and has been modified several times. A
summary of all the applicable conditions and requirements was prepared and recorded at the
Clerk and Recorder’s office after the 2008 amendments. There are several of the conditions
which affect issues identified in this project such as Design Guidelines, no access limits to
certain streets, the extension of Breeze Lane, Calculation of PUD points for superior design, and
calculation of parkland. The terms and conditions will carry forward unless specifically altered
by a PUD amendment. This document includes limitations on future additional development for
both timing and mitigation of impacts.
Park land and Open Space: The West Winds PUD has a complicated history in this subject.
Originally under the control of a single developer, the project has broken into several
ownerships. The final plat for Phase 5 identifies that parkland has been provided for a total of
26 homes. The proposed projects request more than that. It will be necessary to proportionally
adjust park dedications. Phase 4 originally had a more intensive residential use. The two phases
are combined into a single project with this application. This subject is related to the PUD
performance points, see discussion above.
There is a large centralized park in West Winds. The site is adjacent to the Regional Park across
Davis Lane. In discussion with the Recreation and Parks subcommittee it was discussed that it
may be more beneficial to make improvements to existing dedicated park areas and improve
functionality rather than dedicate additional land. Given the near proximity of large existing
park areas large new parks are not needed. The full Recreation and Parks Advisory Board
confirmed this approach and the necessary park mitigation is provided by the associated
subdivision.
Uses: The site is zoned R-3. The project is proposed as townhomes and detached single homes.
The uses proposed are consistent with the existing zoning. The site has been planned for
residential uses since the beginning of the West Winds PUD. Staff has no objection to the
proposed change to individual lots as it appears generally consistent with one of the approved
alternatives from 2008.
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Development Guidelines: With a PUD, Section 38.20.070.D.2 requires development guidelines
for all phased PUD’s. Such information was provided with the original West Winds PUD and
continues in effect.
Design Objectives Plan: The DOP standards are inapplicable to this application as it is focused
on townhomes and detached homes. No commercial or larger buildings are proposed which
would be affected by the required standards. The design objectives plan has been repealed and
will not be applied in the future to this site.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing has been provided by posting notice signs on site, mailing to all owners within 200
feet, and publication of notices in the Bozeman Daily Chronicle. Public Notice was provided
at least 15 and not more than 45 days prior to the Planning Board and City Commission
public hearings.
No public comments were received on this project.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: SID716 LLC, 20 W. Haley Springs Rd. Bozeman, MT 59718
Applicant: Islands LLC, PO Box 12037 Bozeman, MT 59719
Representative: Haystack Development, Inc. PO Box 1793 Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD)
concept, to promote maximum flexibility and innovation in the development of land and
the design of development projects within the city. Specifically, with regard to the
improvement and protection of the public health, safety and general welfare, it shall be the
intent of this chapter to promote the city's pursuit of the following community objectives:
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1. To ensure that future growth and development occurring within the city is in accord with
the city's adopted growth policy, its specific elements, and its goals, objectives and
policies;
2. To allow opportunities for innovations in land development and redevelopment so that
greater opportunities for high quality housing, recreation, shopping and employment
may extend to all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open
space and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water
quality and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage
trip consolidation, thereby reducing traffic congestion and degradation of the existing
air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special
features of the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and
industrial uses that will mutually benefit the developer, the neighborhood and the
community as a whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
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FISCAL EFFECTS
This application will not affect any budgeted capital projects. Incremental tax increases and
operational expenses for City operations will result from the additional dwellings.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
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