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HomeMy WebLinkAbout18- Findings of Fact and Order - West Winds SW Planned Unit Development (PUD) Modification, Application 17584 Page 1 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 2 of 27 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 EXECUTIVESUMMARY...................................................................................................... 1 UnresolvedIssues............................................................................................................... 1 ProjectSummary................................................................................................................. 1 DesignReview Board.........................................................................................................2 SECTION1 -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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 3 of 27 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 FISCALEFFECTS.................................................................................................................27 ATTACHMENTS...................................................................................................................27 17584, Findings of Fact for West Winds SWPlanned Unit Development Modification Page 4 of 27 SECTION 1 - MAP SERIES �; V1'Fa'I'1Y1tiV� t I I -- "VAQUERO PKVVV' - - II - N'IN'rER PARK ST I Ci �r - BREEZE L'N BREEZE t- PLI � - 1, x i 1V OAK S'1'' I- y. V1' O:VK S,r Z w`oxK'S7 - L—AN OAK ST Legend 1 —� JOH\DEI:RE,ST 13 Planning Projects _ �� - - Parcels - Roads Alleys City Limits - Q Zoning Districts Ins ccya v.x ti°tem7n Heated�yt-e West Winds Planned Community Modification ce Proposed Prelminary PUD Application 17584 Submitted 12/20/2017 BOZ E MAN"T Ii h-Xvk�t Planning 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 5 of 27 VAQUERO PKN%'Y WINTER PARK ST 7. - a U Q 5Q Q �G W % L n BRF,EZF.`I:N BREEZE LN C W i i a i PAK ST 11' OAK ST Legend 11' OAK ST Planning Projects Parcels Roads Alleys City Limits Community Plan Future Land Use Residential C Residential Emphasis Mixed Use JOHN DEERE ST Suburban Residential Regional Commercial and Services Q Community Core ..7 Community Commercial Mixed Use O Business Park Mixed Use Industrial W Public InstitutionsZ. Parks,Open Space and Recreational Lands Other Public Lands CATERPILLAR ST Golf Course Present Rural Tn_a rvA xsattratM DY G'° West Winds Planned Community Modification (:q•M t3urrnvn Proposed Prelminaiy PUD n• °u Application 17584 Submitted 12/20/2017 BOZ E MANMT t irIh=xa ice � Planning 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 6 of 27 SITC PUN Ior •r..;a �. rxwu-i. 1 THE WEST WINDS SW SUBDIVISION a a `lx". I' N T (..-y /�1�� ::, ^•' ""�IVY i �I � d �i� ; l��) x - x I <� i I I � '�•'urtWlu K.aN.l11..., R ule W.OAK STREET 1 S !\ 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 38.24.090.13 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 7 of 27 SECTION 3 - CONDITIONS OFAPPROVAL 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 8 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 9 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 10 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 11 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 12 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 13 of 27 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. 17584, Findings of Fact for West Winds SWPlanned Unit Development Modification Page 14 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 15 of 27 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. j 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 16 of 27 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; I. 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 17 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 18 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 19 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 20 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 21 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 22 of 27 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 1L0.Q— , 2018. BOZEMAN CITY COMMISSION YN R S Mayor ATTEST: 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 23 of 27 �F g p2 ROBIN CROUGH 07': City Clerk 1 883 �T APPROVED AS TO FORM: CO. G S LLIV 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 24 of 27 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. 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 25 of 27 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: 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 26 of 27 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 17584, Findings of Fact for West Winds SW Planned Unit Development Modification Page 27 of 27 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