HomeMy WebLinkAbout18- Conditions of Approval - NE Corner of Davis Lane and Oak Street - West Winds SW Planned Unit Development Inter-office original to:
Cite of Bozeman
PO Box
12 Office 2631184
PO Bot 1230
Bozeman SIT 59771 �. Page: 1 of 5JI. 11/07/2018 11:o1:3nty,9 AM Fee: $35MISC
.00
CONDITIONS OF APPROVAL FOR THE WEST WINDS SW PLANNED UNIT
DEVELOPMENT APPLICATION 18498
WEST WINDS SW PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED
AT NE CORNER OF DAVIS LANE AND OAK STREET, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a planned unit
development to allow 72 single-household lots, one(1) open space lot and related site
improvements at the northeast corner of Oak Street and Davis Lane, City of Bozeman, Montana
and further addressed as 3270 Breeze Lane, and 1345 and 1553 Windward Avenue; and
WHEREAS, the use is to be located on property that is legally described as Lots I & 2
of Block 1 and Lot 1 of Block 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot I of
Block 4 of West Winds Subdivision Ph. 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West
Winds Subdivision Ph. 5,NW1/4 of Sec.2, T2S, R5E, P.M.M., City of Bozeman, Gallatin
County, Montana; and
WHEREAS, the Planned Unit Development(PUD) is contained within the City of
Bozeman Department of Community Development's preliminary PUD application 17584 and
final PUD application 18498 and associated with subdivision applications 17583 and 18461; and
WHEREAS, the use is to be located on property that is legally zoned as R-3 (Residential
Medium Density District)zoning district; and
WHEREAS, the Planned Unit Development was granted relaxations from the zoning
requirements of the Unified Development Code and the requirements of the R-3 zoning district;
and
WHEREAS,the Planned Unit Development is subject to the following conditions of
approval and code provisions:
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.
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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
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.
West Winds SW Final Planned Unit Development 18498 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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. hntersection 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.
Code Requirements Requiring Plan Changes:
West Winds SW Final Planned Unit Development 18498 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 sheets 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.
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval and code provisions for the Planned Unit Development shall be binding upon the
undersigned owner of the subject property, and all successors or assigns, as long as the use
remains at the property located at the northeast corner of Oak Street and Davis Lane, City of
Bozeman, Montana and further addressed as 3270 Breeze Lane, and 1345 and 1553 Windward
Avenue and succeeds to any lots further platted by the West Winds SW subdivision.
DATED THIS DAY OF �} �n , 2018.
West Winds SW Final Planned Unit Development 18498 PAGE 4 OF 4
i
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
ISLANDS,LLC -PROPERTY OWNER
�gnature
W. Mark Easton
STATE OF MONTANA
ss
County of GALLATIN )
On this 'O day of U1, 2018, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared W. Mark Easton known to me to be the
tA&06�0 eoc of Islands LLC and acknowledged to me that he
executed the within instrument for and on behalf of Islands LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. 1_
SEAL (Printed name)
APRIL HUBER _ Notary Public for the Sta f Montana
``,PQP�L HU8F9° Notary Public ;
NOTARtq< =for the State of Montana Residing at
Bozeman, Montana j My Cotmnissio xpires:
Resiing at:
v (Use four ' its for expiration year)
M Commission Exp(-
September 01,--
West Winds SW Final Planned Unit Development 18498 PAGE 5 OF 4