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HomeMy WebLinkAbout638300221930353011) l - _ -67�a4 West- Winds • •al •"1 +4{ rPUD Fin of Oak N 21th p Inc Ma 2 r iA s •.-�i is t;•.l - .:•t. '3 _ z=+ y ..y City of Bozeman MoDepartment of Planning Community ]development Project Name: File No: Date Activity Staff Staff Cumulative Members Hours Hours i FILE REVIEW SHEET FINAL PUD File Name: , ' 1\nr, �! File Number: - 71 .� Reference Files: E-08001, E-07009,Z-07141, P-07028, P-06025A, P-06025, Z03247, P03034, Z04050, P04009,Z04050A, p05015, P05048 Date Date Done N/A Due Done By Application deemed incomplete Application deemed complete DRC Review(route to all DRC members) ❑ DRB Memo due (if applicable) ❑ DRB Meeting(if applicable) ❑ Final PUD Conditions Recorded at Clerk&Recorder's Office ❑ Final PUD Design Guidelines / Covenants Recorded ❑ Cash-in-lieu payments(open space,affordable housing) Approved Approved with Redlines Denied 1 `:+Date Planning Director Action Date building permits issued Date improvements must be completed: Date financial guarantee expires: Date of final walk-through and approval: Date financial guarantee released: Covenants/Design Guidelines:document#: Date final park plan submitted (if applicable): Date final park plan approved by the City Commission: CISbF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net May 6, 2013 _;2 Mr. Clint Litle, PE DOWL HKM 2090 Stadium Drive Bozeman, MT 59715 Re: West Winds PUD-One Year Extension Dear Mr. Litle: I am in receipt of your letter to Mr. Brian Krueger requesting a one-year extension for the West Winds Planned Unit Development(PUD). The Official Code of the City of Bozeman grants the Director of Community Development the ability to grant extensions to PUD approvals. Section 38.19.120F states: Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under this article does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the City shall consider: l. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; and 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. Based upon consideration and review of the evaluation criteria specified above, I find that the West Winds PUD remains consistent with the adopted PUD guidelines, reasonable progress has been made community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS toward the development of Anesite in a reasonable and consistent manner, and the continued maintenance and upkeep oAhe site the request for the extension is consistent with the requirements of the Unified Development Code. The West Winds PUD approval is hereby extended to May 7, 2014. If you have any questions, please feel free to contact me. Sincerely, Wendy Thomas, AICP Director of Community Development cc: Mr. John Dunlap Mr. Joe Mahar Bank of Bozeman West Winds HOA j Page 2 41LC0, 0!W L H K M April 30, 2013 Rec.No. 4522.11200.01 VMENT Brian Krueger Y 0 6 2013 Planning Office OF PCity of Bozeman MUNIT,D �NMME P.O. Box 1230 �OF'MENT Bozeman,MT 59771 RE: West Winds PUD—Request for 1-Year Extension Dear Mr. Krueger: This letter is to document that Mr. John Dunlap supports the current request by Joe Mahar and the Bank of Bozeman for a 1-year extension of the West Winds PUD. Mr. Dunlap is owner of Lots 1&2 Block 1 and Lot 1 Block 4 West Winds Phase 4. If you have any questions or require additional information please feel free to contact our office. Sincerely, DOWL HKM L� 3a� �, Jo Dunlap ate Clint Litle,P.E. Senior Project Manager 406-586.8834 ■ 406-586-1730(fax) ■ 2090 Stadium Drive ■ Bozeman,Montana 59715 ■ www.doWhkm.com Alaska-Anchorage,Juneau,Ketchikan,Kodiak,Palmer■ Arizona-Tucson,Tempe ■ Montana-Billings,Bozeman,Butte,Great Falls,Helena,Miles City North Dakota-Dickinson■Washington-Redmond■ Wyoming-Gillette,Lander,Laramie,Sheridan M ED O L HKM April 30, 2013 Rec.No. 4522.11200.01 Brian Krueger . Planning Office City of Bozeman P.O. Box 1230 Bozeman,MT 59771 RE: West Winds PUD—Request for 1-Year Extension Dear Mr.Krueger: Pursuant to the meetings held last winter between the City Planning Office and the Bank of Bozeman, along with our recent telephone conversations,this letter is to officially request a 1-year extension of the West Winds Final PUD (Z-07028)which was approved May 7, 2008 by Planning Director Epple. As you know,the aforementioned approval is set to expire on May 7, 2013. Due to the difficult economic conditions that the Bozeman area has endured since late 2008 until just recently, it has not been financially feasible to complete the West Winds PUD. However,with the improving economic conditions in the Gallatin Valley, and the ownership of the West Winds PUD stabilizing, it is now feasible to move ahead with the remaining phases(6,7& 8) and complete the infill of the previous phases. The West Winds PUD is beneficial to the current residents, developers, owners,builders and City of Bozeman providing approved planning and development guidelines to the community. Below is the pertinent section from the UDO for the extension of the PUD. Responses to code requirements are provided in italic font and underlined. 38.19.120.F Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. This extension is requested by Joe Mahar who owns the remainders parcel of West Winds Phase S future phase 6.7&8)and the Bank ofBozeman who own Lot I Block 3 and Lot I Block 4 West Winds Phase 5. More than one extension may be requested for a particular development.Each request shall be considered on its individual merits.An extension of the development approval under this article does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions,necessary to complete the project. So noted and understood. When evaluating an extension request,the city shall consider: 406-586-8834 ■ 406-586-1730(fax) ■ 2090 Stadium Drive ■ Bozeman,Montana 53715 ■ www.dowlhkm.com Alaska-Anchorage,Juneau,Ketchikan,Kodiak,Palmer■ Arizona-Tucson,Tempe ■ Montana-Billings,Bozeman,Butte,Geeat Falls,Helena,Miles City North Dakota-Dickinson■Washington-Redmond■ Wyoming-Gillette,Lander,Laramie,Sheridan t Brian Krueger West Winds PUD—Request for 1-Year Extension April 30,2013 Page 2 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; no changes to the current Final PUD is proposed by this extension. 2. Progress to date in completing the development as a whole and any phases; to date S of the 8 subdivision phases have been reviewed, approved and final plat recorded. 3.Phasing of the development and the ability for existing development to operate without the delayed development; the existing S subdivision phases have been functioning properly as is for nearly 5 years. All phases have multiple means ofaccess and installed/accepted infrastructure. 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; no ad ioinin development evelopment is dependent on the immediate completion of the remaining phases of the West Winds. 5. For extensions of approval greater than one year,the demonstrated ability of the developer to complete the development; the requested extension is for 1-year. 6. Overall maintenance of the site; to our knowledge the maintenance of the proiect has been acceptable. 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant,adequate, and applicable to the present circumstances of the development and community.No response. If you have any questions or require additional information please feel free to contact our office. Sincerely, DOWL BXM Joe Mahar Date Clint Litle,P.E. Senior Project Manager a ozemanL Date West Winds HOA Date t0OWL �IH . April 22,2013 Rec.No.4522.11200.01 i Brian Krueger Planning Office City of Bozeman P.O.Box 1230 Bozeman,MT 59771 RE:West Winds PUD—Request for 1-Year Extension Dear'Mr.Krueger: Pursuant to the meetings held last winter between the City Planning Office and the Bank of Bozeman,along with our recent telephone conversations,this letter is to officially request a 1-year extension of the West Winds Final PUD(Z-07028)which was approved May 7,2008 by Planning Director Epple. As you know,the aforementioned approval is set to expire on May 7,2013. Due to the difficult economic conditions that the Bozeman area has endured since late 2008 until just recently,it has not been financially feasible to complete the West Winds PUD. However,with the improving,economic conditions in the Gallatin Valley,and the ownership of the West Winds PUD stabilizing,it is now feasible to move ahead with the remaining phases(6,7&8)and complete the infill of the previous phases. The West Winds PUD is beneficial to the current residents,developers,owners,builders and City of Bozeman providing approved planning and development guidelines to the community. Below is the pertinent section from the UDO for the extension of the PUD. Responses to code requirements are provided in italic font and underlined. 38.19.120.F Any request for an extension must be in writing and be dated and signed by the o vner of the undeveloped area or incomplete development for which the extension is sought. i his extension is requested by Joe Mahar who owns the remainders parcel of West Winds Phase S(future phase 6,7&8)and the Bank ofBozeman who own Lot I Block 3 and Lot 1 Block 4 West Winds Phase 4. More than one extension may be requested for a particular development.Each request shall be considered on its individual merits.An extension of the development approval under this article does not extend other city or non-city agency approvals,e.g.for design of infrastructure extensions,necessary to complete the project.So noted and understood. When evaluating an extension request,the city shall consider: 406-586-8&U ■ 406-586-1730((au)■ 2090 Stadium Drive ■ Bozeman,Montana 59715■ www.dovdhkm.com Alaska-Anchorage,Juneau,Ketchikan,Kodiak,Palmer■ Arizona-Tucson,Tempe■ Montana-Billings,Bozeman,Butte,Great Falls,Helena,Miles City North Dakota-Dickinson a Washington-Redmond■ Wyoming-Gillette,Lander,Laramle,Sheridan J `-1 Brian Krueger West Winds PUD—Request for 1-Year Extension April 22,2013 Page 2 I 1.Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations;no changes to the current Final PUD is proposed by this extension. I 2.Progress to date in completing the development as a whole and any phases; to date 5 of the 8 subdivision phases have been reviewed. approved and final plat recorded. 3.Phasing of the development and the ability for existing development to operate without the delayed development;the existing 5 subdivision phases have been nctioningproperly as is for nearly 5 years. All phases have multiple means of access and installed/accepted infrastructure. 4.Dependence by other development on any public infrastructure or private improvements to be installed by the development;no ad'o� fining development is dependent on the immediate completion of the remaining phases of the West Winds. 5.For extensions of approval greater than one year,the demonstrated ability of the developer to complete the development;the requested extension is for]-year. 6.Overall maintenance of the site;to our knowledge the maintenance of the proiect has been acceptable. 7.Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant,adequate,and applicable to the present circumstances of the development and community.No response. If you have any questions or require additional information please feel free to contact our office. Sincerely, DOWL>E� r.l -- W1 A44r-- 3 Joe Mahar Date Clint Lille,P.E. Senior Project Manager Bank of Bozeman Date West Winds HOA Date l BUZZ CITY OF BOZEMAN ' 4 � Bozeman, Montana f _ f r��1► co.M° July 23, 2008 BY FAX TO 585-2811 AND BY U.S. MA L Ms. Hertha L Lund WITTICH LAW FIRM D tJ 602 Ferguson Ave., Suite 5 Bozeman, MT 59718 JUL 2 5 2008 RE: WEST WINDS PROJECT/ BREEZE WAY ISSUE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear Ms. Hertha: In response to your letter dated July 18, 2008, I am unable to concur with your analysis and articulation of the issues pertaining to the alignment of Breeze Way through the southwest quadrant of West Winds Planned Unit Development (PUD). In his communications with Mr. Dunlap, Mr. Epple has articulated an administrative decision that the changes in street alignment Mr. Dunlap proposes are not consistent with the preliminary PUD or preliminary subdivision plat approvals previously granted by the City Commission. In coming to this conclusion, Mr. Epple has determined that the proposed changes in street alignment are not minor, but in fact would change the character of the development. These findings have led Mr. Epple to advise Mr. Dunlap that he needs to re-apply for preliminary PUD and subdivision plat approvals before proceeding with these plans. You essentially argue that Mr. Epple has erred in making this determination and decision. Chapter 18.66 BMC provides a mechanism by which an aggrieved person can appeal such a determination or decision to the City Commission. In particular, Section 18.66.010 C.5. directs the Commission to: "Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the Planning Director in the manner provided in this chapter." Since you believe Mr. Epple has erred in making his determination and decision in this matter, you should appeal his action to the City Commission in the manner prescribed in Chapter 18.66 BMC. Please let,me know if you have any questions or need any further information in this regard. Sincerely, C"C Chris Kukulski City Manager Cc: Paul Luwe Andy Epple Street address:411 E. Main St. Phone: (406) 582-2300 Mailing address:P.O. Box 1230 Fax: (406)582-2344 Bozeman, Montana 59771-1230 TDD: (406) 582-2301 Arthur V. Wittich 1 602 Ferguson Ave., Suite 5 Frederick P. Landers,Jr. 2 Bozeman, Montana 59718 Margot E. Barg 3 a Hertha L. Lund Phone: (406) 585-5598 Jason A. Delmue 3&s Fax: (406) 585-2811 laws aaaddvisor.com All attorneys licensed in Montana '" V Also licensed in C01;GA';CA3;AR<;NV5 JUL 21 1008 July 18, 20o8 via Facsimile @ 582-2302& via U.S. Mail Chris Kukulski, City Manager 411 E. Main Street Bozeman, Montana 59771 RE: Meeting on Cascade Development Inc.'s Westwinds Project Dear Mr. Kukulski: Although we successfully resolved the issue I contacted your office about last March, another issue has now been raised by the City of Bozeman("City")that is preventing John Dunlap of Cascade Development, Inc. ("Cascade") from completing projects thereby resulting in daily damages to Cascade. I will address this issue in this letter with the hopes that we can have a quick resolution in order to avoid any further damages to Cascade. In reviewing various e-mails, it appears that Andy Epple has previously discussed this issue with you. So, as you know,the City is now telling Cascade that it will not follow the provisions in the West Winds PUD, and the City's UDO,by refusing Cascade to modify its planned roads as allowed by the conditions, which is dramatically and negatively affecting the pedestrian connectivity. This project is dependent on pedestrian connectivity because the character of the development is to provide homes and a community environment for elderly persons who would depend on easy walking paths within the development. To refresh your memory about the West Winds PUD, the reason Cascade requested the City condition to allow Cascade to vary Breeze Lane was to mitigate the hardship caused when the City approved the adjoining project and disregarded the prior approved road system for the West Winds PUD. In order to mitigate those issues,the City approved the PUD condition,which provides: Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for West Winds PUD. (emphasis added) Page No. 2 July 18, 2oo8 i Instead of following the PUD condition,the City has now decided that Cascade cannot vary Breeze Lane because the City Commission"contemplated"something different. Once a legislative body takes action and commemorates that action in writing, the plain language controls. The City's staff cannot later divine what the City Commission "contemplated,"especially when this divination does not coincide with the actual language that was voted upon and approved by the City Commission. Additionally, in an e-mail to Mr. Dunlap, Mr. Epple stated, "[a]dministratively,we have concluded this represents a major modification to the preliminary plat and final PUD." July 15, 2oo8 e-mail from Andy Epple to John Dunlap. Mr. Epple has erred for two reasons: First,the PUD and the City's Conditional Use Permit both explicitly allow Cascade to vary Breeze Lane and create a private street based on site plan review. Therefore, Mr. Epple's statement contradicts the express language already passed by the City Commission. Second, even if the PUD and City's Conditional Use Permit did not both expressly allow the action that Cascade seeks,the modification is not"major," as stated by Mr. Epple. The definition of"major" as outlined in the UDO, must: . • an e t , • Increase by greater than 5%the number of residential units; • Increase by greater than 5%the approved gross leasable floor area; • Reduce the open space; • Change the location and placement of buildings; and/or • Increase the number of lots. UDO 18.36.040(c)(4). In this case, there is no change in any of these areas that would elevate the change to a"major" change. Therefore, even if the change were not expressly provided for in the City's prior approvals,the change would still not require a major modification to the preliminary plat and final PUD, as determined by Mr. Epple. In addition, Mr. Epple argues that the language "[a]ny request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification,"means that Cascade shall develop the private street to public street standards. However,the major problem with this interpretation is that the words do not say that. The actual words indicate that Cascade has to submit an application for Modification (which we believe would be a "minor" modification), if Cascade does not meet City standards for private streets. According to my research,there are no City standards for private streets. Therefore, according to the plain English meaning of the controlling words, Mr. Epple cannot not now demand that Cascade develop the street to public standards or go through a "major" modification. If Mr. Epple wanted a different result than the approved words r Page No. 3 July 18, 2oo8 command,then he should have requested that language prior to the City Commission's approval. Cascade has a vested property interest in the City's prior approved conditions. Mr. Epple seems to be attempting to avoid or circumvent the language that has already been approved. The reason that the City has passed the UDO, and issued a Conditional Use Permit, is to provide guidance and certainty to Cascade so it can proceed in compliance with the City's directions. The system does not work when the City's staff ignores previously-approved language or determines on an ad-hoc basis that subjective opinions and their divination can override the City Council's express determinations. My client is stymied from progressing in the development of this project that will provide so much good to the City of Bozeman, its elderly who are seeking suitable homes. Every day that passes creates more of financial burden on Cascade. Please let me know by Wednesday,July 23, 2oo8, if you view these issues differently than I have articulated in this letter. I am available to meet with you to further discuss these issues if that would be helpful. If I do not hear from by July 23, 2oo8, I will understand that you concur with my analysis and articulation of the issues. Sincerel , Hertha L. Lund /Cc. Andy Epple •, w l� ',, �: � `: -- - -- . . .� ..---- �� f I I t West Wends PUD NO Protest Legal Descriptions r E N G I N E E R I N G 990 Technology 131vd., Suite t1 13oremin, MT 59718 ' ('106) 586-883'1 r . Page 1 of 1 Ryon Stover From: Ryon Stover Sent: Wednesday, December 19, 2007 11:10 AM To: Lanette Windemaker Subject: West Winds I _ Lanette, M,r �p,on�NT I'm OK with the species selection for boulevard plantings for this-project-, except-for-where Black Ash (Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. I realize that some of this project has already been landscaped. These guidelines should be followed for all the future phases, which I discussed in the summer of 2006 with John Dunlap and his landscape contractor. Ryon Stover City Forester Bozeman, MT. 59715 406-582-3200 12/19/2007 • �� —` L"i►Y 64 Page 1 of 1 Lanette, I'm OK with the species selection for boulevard plantings for this project, except for where Black Ash (Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. I realize that some of this project has already been landscaped. These guidelines should be followed for all the future phases, which I discussed in the summer of 2006 with John Dunlap and his landscape contractor. Ryon Stover City Forester Bozeman, MT. 59715 406-582-3200 http://mail.bozeman.net/exchange/lwindemaker/Inbox/West%20 Winds-2.EML?cmd=pre... 12/19/2007 1� "' 8VEC DE" MEMORANDUM \ TO: Sue Stodola, Engineering lowpvc,"Mictmcnv llo f mk John Alston, Water/Sewer Calvin Doerksen; Plans Examiner Greg Megaard, Fire Marshal John VanDeLirider, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Wkids PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27th Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to-a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 1 i 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.0.80. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing.units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special 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 -)e 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced _n the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable hcusing needs as 3 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11%net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.13 "Authorized Uses"to allow assisted living/elderly care facilities I and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.13 "Block Length"to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation a) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions• 1. A trail shall be constructed connecting from 27`�' Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 4 it 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27`h Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27th Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 i 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27` Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 271h Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27`h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23.No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. , ;,, the nT D rla (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Cormision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31.The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable eon 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27th Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19th once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission undef the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 ti approval of the City Commission under the provisions of Chapters 18.3E and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County.Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 J July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The-See-tr'efl2A&r-dable-Heusing and the Assisted Living, as depieted in the plan, shall r-emain in the PUP . (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetion 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel' as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". 12 RECEIVED DEC 0 7 MEMORANDUM-1 Sue Stodola, Engineering : ��, CCo —Alston,—Water/Sewed L27 ) Calvin Doerksen, Plans Examiner I� ���A �r PLANNING Greg Megaard, Fire Marshal 4 AN "` .° ,Y DEVELOPMENT John VanDeLinder, Streets Superintendent 4 ,Lanette Windemaker, Contract Planner RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27th Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27th Avenue to Davis Lane away .from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 1 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities.shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street. connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing.units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi-family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 i 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1. of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as 3 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements"to allow the area requirement to be based on 11%net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.0203 "Authorized Uses"to allow assisted living/elderly care facilities and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 27`"Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 4 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review.Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants s-Ziall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6"river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27th Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27` Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27`h Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27`h Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 271h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27`h Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Seetion 42 Affordable Housing and the Assisted Living, as depieted in the plan, shall (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 3 L'The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien-42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27`h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 191h once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must.be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and ail lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for eac_1 phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access.. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The-Sec-tien 42 A&r-dable Homing mdthe Assisted Living, as depieted in the plan.plan, shall r-emain in the PUD (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable co 2 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". 12 MEMORANDUM pC�J � obC TO: Sue Stodola, Engineering IE .r John Alston, Water/Sewer � C 10 2001 Calvin_Doerksen, Plans Examiner Greg Megaard, Fire Marshal DEPARTMENT OF PLANNING John VanDeLinder, Streets Superintendent AND COMMUNITY DEVELOPMENT FROM: Lanette Windemaker, Contract Planner RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. i The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Pa_k. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 1 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities.shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval 434 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing.units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1. of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows. Tlg- a plicant shall build out the affordable units in the same proportion of all other units bein constructed. Prior to filing t e ma p at or t e ast p ases of the West Winds P the afforda�T housing parcel shall be 100 X or based on the the housing needs as 3 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed,and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.13 "Authorized Uses"to allow assisted living/elderly care facilities and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.B "Block Length" to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 271h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 4 I 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27`". Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27th Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27` Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 271h Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 271h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 271h Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23.No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to :he park shall be removed. 27. , shall :., the P D .,la (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Cornmision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 3 L'The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable cow 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27th Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 191h once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing-trail to the south and will provide a vital. connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials,colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Cle_k & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and a'1 lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for eacl phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 L • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior .to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. Can Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: jCondition #27: The-Sectien 42 A&rdable Housing and the Assisted Living, as depieted in the plan.plan, shall r-emain in the PUD (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable cep 42 housing lots.so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". 12 MEMORANDUM Sue Stodola, Engineering John Alston, Water/Sewer Calvin Doerksen, Plans Examiner 9 a Greg Megaard, Fire Marshal ® ' John VanDeLinder, Streets Superintendent Lanette Windemaker, Contract Planner " RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27th Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Tharlc you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27'h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 1 I 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing,units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the laird, 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as 3 I determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11%net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.B "Authorized Uses"to allow assisted living/elderly care facilities and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation fl Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 271h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional j Park. 4 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension.of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7., The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27t" Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27t Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 271h Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As apart of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain_ Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23.No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. , shall fefnaininthePUDpla (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 3 L'The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable cow 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27`h Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area.Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27`h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 191h once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 ti Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan.. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 i July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The Seetie^ ^�ffordable Heirsing and the Assisted Living,as depieted in the plan.plan, shall r-emain in the PUD (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the I I% calculation for parkland dedication for the affordable Seetion 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". v 12 f �1 -To ; Q(ct t,t449 1pt,,.r Gf RECEIVED DEC 0 7 7,a MEMORANDUM _ Sue Stodola, Engineering John Alston, Water/Sewer Calvin Doerksen, Plans Examiner 1 2�07 Greg Megaard,-Fire Marshal Johri VanDeL-inder—Streets-Sup re intendent� C DEPARTMENT OF PLANNING p; Lanette Windemaker, Contract Planner _ A.%D CC"","TyDEVELOPMENT RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27t' Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27`I' Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 271h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 1 V 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. ' 4. In keeping with the intent of the original PUD condition' of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. I 5. In keeping with the intent.of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.1 30.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1. of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as 3 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030:1), the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.13 "Block Length"to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to.allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 4 I 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false facade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27`h Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27' Avenue. b. Signalization of the intersection of-W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue.. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain_ Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 271h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial.standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25.The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. , shall Femain ;,, the PUD pla (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31.The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable rem 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 • development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted.size lots, to meet the general standards and the PUD regulations, shall'be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27th Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19th once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 i Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 r • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The-Seetien l ar-dable Heusing-andthe Assisted Living, as depieted-inthe plan.plan, shall r-emain in the PUD (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable co��z housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel' as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". 12 174. MEMORANDUM TO: Sue Stodola, Engineering John Alston, Water/Sewer Calvin Doerksen, Plans Examiner Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: West Winds PUD Modification Final Plan (Preliminary#Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27t' Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets .at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. I 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 2 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per* Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The a t shall build out the afford�ablen t �m� o# n-caconstructed. Prior to cling the fithe last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as 3 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 "Park Requirements"to allow the area requirement to be based on 11%net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the"R-3" zoning district; Relaxation c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.13 "Block Length"to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.0 "Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and Relaxation y.) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 27t' Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 4 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by -the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27t" Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6"river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27t" Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 5 i 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27t Avenue. b. Signalization of the intersection of W.Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternatl- 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 6 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The fief —42 ^ mousing-and the-Assisted Liv4iig;as depieted in the plan, hal (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetieii housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 7 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27`h Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27`h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`h once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 8 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solidi, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may.be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 9 • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope dogs not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 10 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11 July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The Seetion 42 Aner-dable Housing-and—the Assisted Living, depieted in the plan.plan, shall r-emain in the PUD (Deleted by City Commission, July 5, 2005) Condition#31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetion housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot,area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". 12 I e E N G I N E E R I N G November 30, 2007 920 Technology Boulevard Rec. No. 045067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Ms..Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box 1230 Bozeman MT, 59771 RE: West.Winds Planned Community Modified Final PUD Submittal Z-07028 Dear Ms. Windemaker: On behalf of Cascade.Development, Inc:, HKM Engineering is please to subinit the attached t .Modified Final PUD Application for the West Winds Planned Community.::The previously submitted and conditionally_approved Preliminary PUD:for.West Winds hasbeen revised per-the October 1, 2007 City Commission approval conditions0 Even though Cascade'Development Inc:has submitted a modified Final PUD Submittal;Cascade , Development Inc. reserves all of its constitutional, statutory, regulatory and other legal:rights to appeal any final determination by the City.of Bozemanfor:this or other issues: The following is the itemized revisions made to-the PUD. 1. Building_Hei its" The.following text was added to item sted Relaxations from UD.O a e 3-1.7: q , p g The following additional relaxation from the UDO was requested-through the PUD modif cation process and approved by the City:Commission-of October 1, 2007. Chapter 1836:060 "building.Height".=to.allow a maximum building height of.42.. feet for a roof pitch equal to or greater than 5:12 shall.be restricted to multi- household apartment type dwellings. All projects utilizing this:relaxation-are subject to site plan review under Chapter 18.34, BMC 2. Trail: 271.h Avenue to Davis Lane The revised condition was noted by footnote on pages 1-3 and 3-2. 3. Storm Water Facilities The following language was added to page 5-7 under"Storm and Melt Water Drainage": BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Ms. Lanette Windemaker West Winds Final PUD 40 November 20, 2007 Page 2 of 6 Storm water facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Storm water.facilities located adjacent to streets shall generally not occupy more than 1/3 of the 25 feet adjacent to an.arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. A footnote was also added to page 5-7 specifically referencing the modified.condition. .4. Street Pattern Table:2.1 -Off-Site Connecting Roadways on page 2-6 was revised to include the following: The street pattern in the West Winds shall be designed to provide a city standard street _ connection.to a full access intersection at Vaquero Street and Davis Lane-.sub ject to Engineering and Planning.Department review and approval. A footnote was also added.to page.2-6 specifically referencing the modified condition.' 5. Section Line Ditch - . ' The section labeled"Irrigation'Companies" nnpage 3-3 was revised to read as follows: The Section Line Ditch shall not be piped unless.the ditch owners require it be piped. The "riparian" corridor shall be maintained within the median planned for.Fowler/Davis Lane.. A footnote,was modified on-page 3-3'specifically referencing the:modified condition: .6. PUD Performance Points/Park Cash-in-lieu Table 3A --Park Area Required,page 3-5 was updated to latest estimated-dwelling unit count and land use within the West Winds PUD. Item No. 6 "Parkland" on page 3-5 was revised-to-read as follows: 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 Chapter 18.5.0.020; BMC? The required amount of parkspace will be supplied by dedicated parkland or'cash-in-lieu. _ . For the.single-family,townhouse and multi-family/apartment areas,•0.03:acres/unit will be dedicated to public park(18:5.0.020(4.)(1),for designated affordable housing areas 11%of net area will be dedicated to parks. No park area will be dedicated for the Senior Assisted living units. Tables 3.1 and 3.2 below summarize park area required and provided.'A minimum of 70%of the park perimeter shall be adjacent to the public street to allow for accessibility to the park Table 3.2—Park Area Provided, page 3-6 was updated based on current final and preliminary plats and storm drainage detention pond areas. • Table 6.4—Park Area Required,page 6-18 was updated to latest estimated dwelling unit count and land use within the PUD. HAMS067125\Revised Final PUD Submittal.docH:\04\5067125\Revised Final PUD Submittal.doc Ms. Lanette Windemaker West Winds Final PUD November 20, 2007 Page 3 of 6 Table 6.5 —Park Area Provided, page 6-18 was updated based on actual platted park area . dedicated and storm drainage detention pond areas. 7. Land Use .Figure 2.1 =Land Use Plan,page 2-2 and figure 2.LA-Land Use Plan SW Residential Alternative were up-dated to show.-all existing and proposed land use categories. Figure 2.1 . also designates the.number of-non-congregate care dwelling units-allotted.per.'multi household lot. The following density tables were up-dated to show existing and-proposed'land uses: Table 2.4—Project Density;page.2.-12; and Table 6.1 —Build-out Summary, page 6-1. . Congregate care dwelling units.were not.included in total.dwelling unit densities. The following park area tables were up-dated to show existing and proposed land uses: Table 3.1 —Park Area Required,page 3-5; Table 3.2—Park Area Provided,page 3=6; Table 6.4—Park Area Required,page 6-18; and Table 6.5 —Park Area Provided;page 6-18. • 8.- Mix of Housing Types So noted,the following figures were update to provide a mix of housing.types:, Figure 1.2—Master Plan; Figure 1.2.A—Master Plan SW Residential Alternative; _ Figure 2.2—Land.Use Plan; and. Figure 2.2.A—Land Use PlanSW Residential Alternative. 9. Trail Connection So noted,the following figures were update to address revised trail aligments; .Figure 1.2—Master Plan; Figure 1.2.A—Master Plan SW Residential Alternative; 10. Landscape Plan ;An up-date landscape plan is enclosed with submittal. 11. Open Space Landscape So noted, PUD open space landscaping will be installed or financial guaranteed with each subdivision phase. 12. Breeze Lane So noted, it is anticipated that Breeze Lane will be requested to be private street in conjunction with a subsequent senior area phase. H:\04\S067125\Revised Final PUD Submittal.docH:\04\S067125\Revised Final PUD Submittal.doc Ms. Lanette Windemaker West Winds Final PUD November 20, 2007 Page 4 of 6 13. Conditional Use Permit So noted, it is our understanding that this document will be prepared by the City Planning Office. At the time of this submittal the document was.not available from the city. 14. Documents So noted,:'it is our understanding that this document will be prepared by.the City.Planning Office. At the.time of this.submittal the document.was not available from-the;city. 15. Use and Occupancy Permit.- So noted. 16. Special Conditions Restrictions So noted. 17. Final Site Plan So noted. 18. PUD Performance Points .: Item No. 7 on page 3=6 through 3-8 was revised as shown below.to clarify..assurances given to date to fulfill PUD performance ponts'and means available to:fulfill'PUD performance • points per Section 18.36.090 E:(7) of the UDO. Performance: All PUDs shall earn at least twenty performance points. Non=residential developments within the North 19th Averiue/Oak'Street corridor shall:earn-thirty points. 1 .• . .. Points may be earnedin`an' -combination'of the following. The applicant-shall select the, combination of methods.but the City may.require documentation of performance,. modifications to the.configuration of open space,or other assurances.:that the.options selected shall perform adequately. : • . a) :. Provision of affordable housing:-Two points for each percentt of.constructed ; :-dwellings in the residential development which,are provided by,donation or, long term contractual*obligation (20 year minimum).with:.or;donation to an affordable housing agency, or other similar means; OR—.One point for each constructed dwelling or lot donated to the City for affordable housing provided for-by a non-residential development with appropriate:assurances of its qualifying affordable status; To provide assurance and meet PUD performance point.requirements.West.. . Winds has provided an.affordable housing multi-jam ily parcel:(see figure 3.1, parcel E-MF-6). Parcel E-MF--6 has been delineated as an "affordable housing parcel"to be developed for affordable housing as def reed-by the City of Bozeman. Said parcel shall remain designated affordable housing until such time as the PUD performance points have been met per Section • 18.36.090E (7) of the UDO. Table 3.3 below provides the specific performance point calculations. H:\04\S067125\Revised Final PUD Submittal.docH:\04\S067125\Revised Final PUD Submittal.doc Ms. Lanette Windemaker • West Winds Final PUD • November 20, 2007 Page 5 of 6 Table 3.3--Performance Points Given Parcel E-MF-6 shown on Figure 3.1 is designated as an affordable houseing parcel.as determined by the City of Bozeman. This meets and provides assurance of conformance to Section 18.36.090(E.)(7.)(a.)of the UDO for performance point requirements. Parcel E-W-6 will have a total of 69 affordable housing units. PUD Point Calculation Points Req'd= _ 20 Points . Calculate Number,of Points Earned Number-Afforable Housing Units.-Provided= 69.00 Units. - Total maximum units.in West Winds(Excludes Affordable Housing, and Senior Assisted Living)_.. 690 Units Percentage of maximum total.units= 10.0% . Performance Points(2 points/%)= 20.00 Points... b) Additional open space: One-point for each percent of the project urea that is • . provided as non-public open space; or one and one=quarter points'for each percent.of the project.area that is provided as publicly accessible open space. The portion'of the project to be considered in determining.the size,of area to be provided for open space shall be the gross project area less areas.dedicated" and transferred to the public;and/or used to meet the parklands requirements of(6) above. The area provided for open space shall be exclusive of yard setbacks on individually owned lots and interior parking lot landscaping, and subject to.the performance standards of Chapter 18-.50;BMC.' To fulfill PUD performance points under this provision the. [Pest'Winds will provide a combination ofpublicly accessible open space and cash-in-lieu of open space. As required by the UDO the .West.Winds PUD provided watercourse setbacks for Cattail Creek and associated wetlands and a variety . of other public open space parcels around the perimeter of the project. These '< areas have been required to be platted as public common'open space by the City Planning Office. Tables 3.4 and 3.5 below provide detail of fulfilling PUD performance points through public open space and cash=in-lieu of open space. Table 3.4—Public O en S ace Proved Public Open s ace 3.462 3.065 0.225 0 0 0.231 3.392 1.501 11.876 Stormwaier Easement within public open space 0 0.084 0 0 0 0 0.661 0.802 1.547 Total Less Storm Easement 3.4621 2.981 0.225 0 0 0.231 2.731 0.699 10.329 Cummlative Total 3.4621 6.4431 6.668 6.668 6.6681 6.8991 9.631 10.329 H:\04\S067125\Revised Final PUD Submittal.docH:\04\S067125\Revised Final PUD Submittal.doc Ms. Lanette Windemaker West Winds Final PUD November 20, 2007 Page 6 of 6 Table 3.5-Public O en Space Performance Point/Phase Phase n Ph-ase IIb Phase IDl Phase rvj Phase V/Phase Vil Phase og Phase v Total Gross Area(Ac.) 31.34 33.71 12.37 14.48 18.11 .19.69 24.89 6.71 161.30 Street R/W Area(Ac.) 10.24 8.63 3.41 4.04 3.77 5.73 6.77 2.09 44.69 Dedicated Park Area(Ac.) 3.79 5.71 0.14 0.00 2.12 0.00 6.90 0.00 18.66 Net Area 17.31 •19.37 8.82 ' 10.441 12.21 13.96 11.221 4.62 97.95 Percent of Net PUD 17.67% 19.77% 9.00% : 10.66% 12.47% 14.26% 11.45%1 4.71% 100.00% PUD Points Required(See Note 1.) 3.53 3.95 1.80 2.13 2.49 2.85 2.29 0.94 20.00 Public Open Space Required (Ac.)(1.25 Points/1%) 2.77 3.10 1.41 1.67 1.95 2.23 1.79 0.74 15.67 Public Open Space Provided (Ac.) 3.46 2.98 0.23 0.001 0.00 0.231 2.73 0.701 10.33 PUD Points Provided(1.25 Points/1%) 4.42 3.80 0.29 0.00 0.00 0.29 3.49 0.89 13.18 Excess PUD Points 0.88 -0.15 -1.51 -2.13 -2.49 -2.56 1.19 -0.05 -6:82 Curnlative=omts Provided 0.881 0.73 -0.78 -2.91 -5.41 -7.96 Cash-in-lieu Area Required (Adjusted for Non-Public) (Ac.) NA -0.72 0.76 2.85 5.30 7.80 6.63 6.68 Identified Code Provisions • Concurrent Construction It is understood by the applicant that a separate concurrent construction submittal is required prior to construction. • Final PUD Plan So noted and it is understood that the applicant has 1 year to resubmit the final PUD. • Written Narrative This letter is intended to meet the written narrative requirement. If you have any questions,please do not hesitate to call our office. Sincerely, HKM Engineering Inc. L'� Lte Clint Litle, P.E. Senior Project Engineer Cc: John Dunlap Art Wittich Enclosure(s) H:\04\S067125\Revised Final PUD Submittal.docH:\04\S067125\Revised Final PUD Submittal.doc . P CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street phone 406-582-2260 '� P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozemon.net www.bozeman.net October 24, 2007 Clint Litle HKM Engineering Inc., 920 Technology Blvd., Ste A Bozeman,MT 59718 RE: West Winds PUD; Amended Affordable Housing Condition Dear Clint: This letter is in response to your letter of October 19, 2007, requesting my interpretation the new condition #18 which was the modification of the 2005 condition of approval#3. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units-in-the same proportion of all other units bein>; constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended. by City Commission) After reviewing the condition and understanding the context of the West Winds PUD to which this condition is applied, I am unable to reach the same interpretation as you proposed. The construction of affordable housing in the West Winds PUD to meet the PUD performance points vas a significant portion of your proffers to the City of Bozeman in exchange for relaxations from standards that permitted such things as apartments and assisted living units as allowed uses in the R-3 zone. I interpret this condition to mean that you are required to construct the affordable housing units. The cash-in-lieu option is only available as needed for density not provided by the number of affordable housing units. I see the cash-in-lieu option being used if the number of dwelling units in West Winds, excluding the congregate care units (assisted living), is planned to exceed 10 times the number of affordable housing units approved and constructed (69 affordable units to 690 dwelling units; i.e.,for the additional 21 dwellings to reach 711), or an increase from the number of planned dwelling units after full construction of the affordable units. Since you have not obtained an approved site plan for the affordable housing parcel, we are unable to know the actual density cap related ;--o the affordable dwelling units. I believe that your interpretation is a substantive change in the condition and would require the City Commission's approval. I also believe that any future proposal to hold cash-in-lieu in. escrow until the affordable housing units are constructed would also require the Commission's approval- planning . zoning . subdivision review . annexation • historic preservation . housing . grant administrat'on . neighborhood coordination Clint Litle October 24,2007- Page 2 of 2 If you have any questions, please feel free to contact me at the Planning Office, 582-2260. Sincerely] Andrew C. Epple,AICP Director Cc: John Dunlap, Cascade Development Inc., 1627 West Main Street, #223,Bozeman, MT 59715 Page 2 F, Inter-office Original to: City of Bozeman Planning Department_ P.O.Box 1230 Bozeman,MT 59771-1230 P ERE) I Z' 2298712' 05701/2608 10:24A, . Charlotte Mills-Gallatin Co MTMISC 21.00 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WEST WINDS PUD SUBDIVISION The undersigned owner of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being the NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, except those portions not listed below of West Winds Phase IA, West Winds Phase 1 B, West Winds Phase 2A, West Winds Phase 2B and West Winds Phase 3: West Winds Phase 1A: none listed; and West Winds Phase 1B: none listed; and West Winds Phase 2A: Lot 1 Block 1; Lot 2 Block 1; Lot 5 Block 1; Lot 6 Block 1; Lot 10A Block 1; Lot 1OB Block 1; Lot 11A Block 1; Lot 11B Block 1; Lot 12A Block 1; Lot 12B Block 1; Lot 13A Block 1; Lot 13B Block 1; Lot 14A Block 1; Lot 14B Block 1; Lot 15A Block 1; Lot 15B Block 1; Lot 16A Block 1; Lot 16B Block 1; Lot 17A Block 1; Lot 17B Block 1; Lot 4A Block 2; Lot 4B Block 2; Lot 9A Block 3; Lot 9B Block 3; Lot lA Block 5; Lot 1B Block 5; Lot 2A Block 5; Lot 2B Block 5; Lot 3A Block 5; Lot 3B Block 5; Lot 4A Block 5; Lot 4B Block 5; Lot 6A Block 6; Lot 6B Block 6; Lot 7A Block 6; Lot 7B Block 6; Lot 8A Block 6; Lot 8B Block 6; Lot I Block 7; Lot 1B Block 7; Lot 2A Block 7; Lot 2B Block 7; Lot 3A Block 7; Lot 3B Block 7; Lot 4A Block 7; Lot 4B Block 7; and West Winds Phase 2B: Lot 2A Block 2; Lot 2B Block 2; Lot 3A Block 2; Lot 3B Block 2; Lot IA Block 3; Lot 1B Block 3; Lot 2A Block 3; Lot 2B Block 3; Lot 6A Block 3; Lot 6B Block 3; Lot 7A Block 3; Lot 7B Block 3; Lot 8A Block 3; Lot 8B Block 3; Lot 8A Block 4; Lot 8B Block 4; Lot 9A Block 4; Lot 9B Block 4; Lot 10A Block 4; Lot IOB Block 4; Lot 11A Block 4; Lot 11B Block 4; Lot 12A West Winds PUD SID Waiver(P-06025/Z-07141/Z-07284) PAGE 1 OF 3 Block 4; Lot 12B Block 4; and West Winds Phase 3: Lot 1 Block 1; Lot 3 Block 1; Lot 4 Block 1; Lot 5 Block 1; Lot 7 Block 1; Lot 8 Block 1; Lot 9 Block 1. IN CONSIDERATION ofreceiving approval for a Conditional Use Permit for a Planned Unit Development and subdivision for the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged, and in recognition of the impacts to Oak Street, Davis Lane (fka Fowler ;r 1 Avenue),Baxter Lane,North 27th Avenue and the City of Bozeman Sewer System,which will a N a N `-'M a be caused by the development of the above-described property,has waived and do hereby waive for 0~0 °a. iY)N itself,its successors and assigns,the right to protest the creation of one or more special improvement INm� o.a districts for: a) Signalization improvements of the intersection of West Oak Street and North } 271h Avenue; b)Signalization improvements of the intersection of West Oak Street and Davis � U I �! Lane(fka Fowler Avenue); c) Signalization improvements of the intersection of Baxter Lane - O and North 27th Avenue;d)Signalization improvements of the intersection of Baxter Lane and Davis Lane (fka Fowler Avenue); and e) Davis Lane (fka Fowler Avenue) trunk sewer main E improvements;or to make any written protest against the size or area or creation of the district to be o r assessed in response to a duly passed resolution of intention to create one or more special V improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share,proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. West Winds PUD SID Waiver(P-06025/Z-07141/Z-07284) PAGE 2 OF 3 I_ 0 The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DATED this day of _ ) 2008. Cr NN N � a PROP TY WN c_m oa CD N C r 4 N a e ca Development, Iric! � o hnNY. Dunlap, Presiders a N STATE OF MONTANA ) ss N County of Gallatin ) n On this day of Aa(14 L, , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John M. Dunlap, known to me to be the President of Cascade Development, Inc., the corporation that executed the within instrument, and N acknowledged to me that he executed the same for and on behalf of said corporation. oIN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. � ro � L CJ \\NO�N L I ND ''/. O %� (Sagnature ab ) a '�OTAR/ge. ' ��/,GGl1Y� Und-(oha� ( eal) s._ = (Printed Name above) N•. �FA L : '� Notary Public for State of Montana • • �� Residing at: i'YYW ° 0\1�P� Commission Expires. (Use 4 digits for expi ation year) i West Winds PUD SID Waiver(P-06025/Z-07141/Z-07284) PAGE 3 OF 3 Inter-office Original to: City of Bozeman Planning Department P.O.Box 1230 Bozeman,MT 59771-1230 (/ PLATIEp IIIIII IIIII IIIII IIIII IIIIIII IIIII IIIII III IIIII IIII IIII 2298f 15 Charlotte Mills-Gallatin Co MTMISC .105-00 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD,BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a residential Planned Unit Development; and WHEREAS, the subject property is legally described as a portion of the NW 1/, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, consisting of— 161 acres.; and WHEREAS, the Conditional Use Permit is subject to the following conditions, code provisions and relaxations: On May 24, 2004, West Winds PUD was granted conditional approval for a 161.30 acre development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots subject to 35 conditions and numerous code provisions, and with the following seven relaxations from the City of Bozeman Municipal Code: a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the"R-3"zoning district; c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; e) Section 18.42.040.0 "Block Width"to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 1 OF 15 May 24, 2004 Conditions: 1. A trail shall be constructed connecting from 27 h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase [h I Final Plat and/or Final Site Plan whichever comes first. T-INa co N N 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design N o Review Board and final approval by the City Commission. Naa 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27 h Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6"river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27"' Avenue and Davis Lane. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 2 OF 15 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27`b Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. M N c. Signalization of the intersection of Baxter Lane and North 27`h Avenue. `♦'� d. Signalization of the intersection of Baxter Lane and Fowler Avenue. CO e. Fowler Avenue trunk sewer main improvements. a1"'" The document filed shall specify that in the event an SID is not utilized for the IN IN a completion of these improvements, the developer agrees to participate in an alternate C a 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. � U N E 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by j c the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of " flooding identified. Lots shall not be platted within the 100 year flood plain_ Hydraulic ro calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic r Study Report shall include an analysis of possible warrants at all the proposed intersections U with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27t'Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27 h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 3 OF 15 this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27t' Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained M N within the median planned for Fowler Avenue. CO a N 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the N o Section Line Ditch shall be removed from the site unless approved by the City of Bozeman (4Q.o Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as a well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation E methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of ro Tschache Lane to the Whisper Avenue intersection. c� y26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be m removed. 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 4 OF 15 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. May 24, 2004 Code Provisions: M N • The bollard lights that are required at the intersection of pathways with streets must meet the N ^ City's specifications. COO a 0 N N • A watercourse setback planting plan shall be prepared by a qualified landscape professional IN N a o and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. E - O • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27t' Avenue) should include a Bike Lane in m accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. - L L • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27 h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`"once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 5 OF 15 i be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. a �,o • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development N: W Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall 00 ° be approved by the City Parks Division. IN N a o • Each lot shall meet the minimum lot area standards, including the multi-household lots, for C L an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association i Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the ' Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 6 OF 15 • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. M • The maximum water depth and basin depth shown in the Storm water report does not meet V+� 1Z a W the City of Bozeman Design Standards and Specifications Policy and will need to be N modified. Detailed review of the final grading and drainage plan and approval by the City N m o Engineer will be required as part of the infrastructure plan and specification review process N a o for each phase. a .o • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. - U • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. - 01 • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, r accommodated in an approved center median, or placed in a pipe. U • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 7 OF 15 location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of M N Environmental Quality and Army Corps of Engineer's shall be contacted regarding the .y a proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be r w m obtained. CO 0 N m a e Building Permits will be issued incrementally dependent upon the status of installation of Non infrastructure improvements. e U) a • The right to a conditional use permit shall be contingent upon the fulfillment of all general p and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. j o • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary C r approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. On July 5, 2005, the City Commission conditionally approved the requested modification to Conditional Use Permit for a Planned Unit Development application for the 161.30 acre development legally described as NW'/, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane, Oak Street, 2701 Avenue and Fowler Avenue. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 9 OF 15 I • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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 M N approved and a preconstruction conference has been conducted. No building permits shall be %-4 Ln 0 issued prior to substantial completion and City acceptance of the required infrastructure CO o a improvements unless otherwise allowed by specific approval of the City Commission under 0) the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. INm� • All typical street sections, including sidewalk location within the right-of-way and provisions Lo for bicyclists shall be in conformance with the street standards recommended in the Greater T Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval Fprocess. While the typical sections and calming strategies included in this submittal provide E an acceptable general framework for the development, detailed review and approval of street, c sidewalk and associated storm drainage infrastructure will be part of the plan and m specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided i to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 8 OF 15 r The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: Condition #27: The eee�;,,„ 42 ff-..a ble Housing „awes tea Living, s de et a .. v uvaa �� a aaavauuvav aavuuuag uaaca �J[ `�, " CGQ in the plan, shall r-emain in the PUD . (Deleted by City Commission) Condition #31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable£eetien 42 housing lots so long as it includes some very low income housing. (Amended by City Commission) The City Commission conditionally approved the modification with the following five additional conditions: M a: July 5,2005 Conditions: N 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" N0C i00 n a 9 as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing N only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall NM a ! indicate that the parcel will always be limited to use as an affordable housing project. a a 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance E points. E O 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined b by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase " E of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. - L U� 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the"affordable housing parcel". On September 6, 2005, per May 24, 2004, condition of approval #6, the City Commission approved the West Winds Final PUD Plan as submitted with a modification to the trail crossing West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 10 OF 15 • • at the intersection of Hunter's Way and Oak Street as recommended by the Design Review Board (Z-04050). At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. October 1, 2007 Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. CN M " a j 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail o m shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in co N addition to the sidewalk to provide a future connection between Rose Park and the Regional N m a Park";.the original PUD condition of approval #1 shall be modified as follows: A trail shall N a o be constructed connecting from 27 b Avenue to Davis Lane away from streets and in addition 0 L to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located E adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. N 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be � r designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at jVaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. I West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 11 OF 15 I 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may M N only be increased above 690 dwelling units through the provision of additional affordable o m housing or an alternative means to meet the Planned Unit Performance standards, and a 00 N modification to the approved final PUD plan. Residential density in excess of the amount of N ;;o park land dedicated shall provide cash-in-lieu in accordance with Chapter 18.50 BMC. m` , N N ao p a 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density Ln and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of p non-congregate care dwelling units allotted per multi household lot. �. O 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the 0 south to align the trail corridor and provide a direct trail connection to the west. - L 10. The landscape plan,prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 12 OF 15 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall M acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman c0 o N Municipal Code and any conditions considered necessary by the approval body. N m a 15. 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 pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. � U E 16. That all of the special 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 Vie property owner mprior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that rare 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) October 1, 2007 Code Provisions: West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 13 OF 15 a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan M N j submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet, note, covenant, etc. in the submittal. hoW �aa WHEREAS, the right to a use and occupancy permit shall be contingent upon the N m fulfillment of all general and special conditions imposed by the Conditional Use Permit ao LO procedure. a N, a WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the E final site plan approval or commencement of the use. O c WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be E consented to in writing by the applicant prior to commencement of the use. r NOW, THEREFORE, BE IT HEREBY KNOWN, that all of the above-noted conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a residential Planned Unit Development. DATED THIS 3C; 4 DAY OF �q 2008. PROP ERTY O Casca4 a Development,,Ilfb. John M. Dunlap, Presi o nt West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 14 OF 15 STATE OF MONTANA ) ss County of Gallatin ) On this 3044 day of Aor 1 , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John M. Dunlap, known to me to be the President of Cascade Development, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above) (Seal)._. __ (Printed Name above) * Notary Public for State of Montana t . ' fN��,• , Residing at: RdS r rq Dp- 'L4&o kn4 F0F MON P� Commission Expires: Dccerleir• q 2011 ��rrnnnu►a�� (Use 4 digits for expiration year) a M a , N O m 00 0 N N N (D Naa a a � N a � U E � H � E O - U ro: � ro 0 i � w O Li U! West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 15 OF 15 �� �� I i f� - lv N E N G IN E E RING 920 Technology Blvd.,Ste A V Bozeman,MT 59718 MAY o 1 2008 Phone(406)586-8834 Fax(406)586-1730 AND COMMUNITY DEVELOPMENT OPM NT TRANSMITTAL LETTER Project Name&Locations: West Winds Planned Community Final PUD Application Name: Lanette Windemaker Date: May 1, 2008 City of Bozeman Project No.: 04S067.125 P.O.Box 1230 Bozeman,MT 59771 WE TRANSMIT: ® herewith ❑ under separate cover via ❑ in accordance with your request FOR YOUR: ® approval ❑ distribution to parties ❑ information ❑ record ❑ review&comment ❑ use ❑ other THE FOLLOWING: ❑ drawings ❑ shop drawing prints ❑ samples ❑ specs ❑ shop drawing reproducible ❑ product literature j ❑ change order ❑ progress estimates ® other Final PIMApplication Action Copies Date Description Code 7 5/l/08 West Winds Final PUD Application Action Code: A-No Exception Noted B-Corrections Required C-Revise&Resubmit D-For signature&return to this office REMARKS COPIES TO: BY: Clint Litle,P.E. so CITY& BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V 9� + * Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260 20 East Olive Street Fax: (406) 582-2263 83 ?�e Mailing address: P.O. Box 1230 E-mail: aepple@bozeman.net rIN Co. Bozeman,Montana 59771-1230 World wide web: www.bozeman.net April 28, 2008 Mr. Clint Litle, P.E. HKM ENGINEERING 920 Technology Boulevard Bozeman, MT 59718 i RE: WEST WINDS PUD PERFORMANCE POINTS Dear Clint: This is iri response to your letters of April 7 and April 22, 2008, in which you memorialize the points that were discussed in our meetings with John Dunlap over the past several weeks. The following are my responses to each point. When signed and dated by Mr. Dunlap as indicated below, this document will constitute an Agreement between Mr. Dunlap and the City on how the balance of the West Winds PUD development will satisfy its PUD performance points. PUD Performance Points 1. The City agrees that the project can meet the PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof, and that the prorated allocation of points.does not apply if open space or cash-in-lieu of open space is used. 2. The City agrees that if the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the Owner will not need to provide the required points until the filing of the final plat for the final phase of the PUD. The Final PUD Plan will indicate that cash in lieu of PUD open space will be reconciled with the final phase, not on a phase by phase basis. 3. At the time of the final phase, if a portion of the Affordable Housing is constructed, the Owner may submit a minor modification to the final PUD plan to document the provision of Affordable Housing performance points rather than cash in lieu of any shortage of PUD open space. 4. If at the time of the final phase there is unallocated (excess) open space, due to the provision of affordable housing to satisfy PUD points, the owner heirs, successors and/or assigns may apply said excess open space to other Planned Unit Developments, subdivisions, or site plan applications within the City of Bozeman to meet their open space requirements in the same manner as providing cash-in-lieu of open space for PUDs. planning • Zoning • subdivision review • annexation • historic preservation • !rousing • grant administration • neighborhood coordination Mr. Clint Litle April 28, 2008 Page 2 of 2 Affordable Housing Parcel 1. The City appreciates Mr. Dunlap's presentation of this parcel within Phase II of the subdivision "...as a means of providing a platform that would assure the commission that the PUD performance points would be met." The City also appreciates the fact that the parcel has been platted and a deed restriction is shown on the face of the plat. I believe that reflects the spirit and intent of the Commission's approval of this PUD. 2. In light of No. 1 above, the City commits the planning department to expedited reviews of any and all remaining subdivision phases and/or development proposals in West Winds, in a manner consistent with the "top of the pile"policy for Affordable Housing projects. This would be done for all phases and developments in West Winds, not just development of the affordable housing parcel. With agreement on the points identified above, as attested to below by the Owner, the City and the Owner are in position to finalize the PUD. Please let me know if you have any questions. Best Regards, Andy Epple, AICP Director of Planning and Community Development Cc: Lanette Windemaker AGREED TO THIS DAY OF ./J �: , 2008. John u p, for Owner West inds PUD Page 2 I_ CITY OF BOZEMAN BUZ�,'�1 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V 9� Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260 20 East Olive Street Fax: (406)582-2263 co�o?'�e Mailing address: P.O. Box 1230 E-mail: aepp�le@bozeman.net Bozeman, Montana 59771-1230 World wide web: www.bozeman.net April 21, 2008 Mr. Clint Litle, P.E. HKM ENGINEERING 920 Technology Boulevard Bozeman, MT 59718 RE: WEST WINDS PUD PERFORMANCE POINTS DRAFT Dear Clint: This is in response to your letter of April 7, 2008, in which you memorialize the points that were discussed in our meeting with John Dunlap several weeks back. Thanks for putting those thoughts in words—it gives me an opportunity to think through the concepts and proposals that were brought up and consider them in light of the various code requirements, proceedings, and approvals this project has been subjected to and complied with over the past several years. The following are my responses to each point. PUD Performance Points 1. I agree that the project can meet the PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof, and that the prorated allocation of points does not apply if open space or cash-in-lieu of open space is used. 2. I agree that if the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the applicant is not required to provide the required points until the filing of the final plat for the final phase of the PUD. [NOTE: You will need to change your proposed final PUD plan to indicate that cash in lieu of PUD open space will be reconciled with the final phase, not on a phase by phase basis.] 3. Upon further consideration, I am not comfortable with the cash-in-lieu reimbursement proposal we discussed. In the alternative, I would like to propose the following: At the time of the final phase, if a portion of the Affordable Housing is constructed, then you may submit a minor modification to the final PUD plan to document the provision of Affordable Housing performance points rather than cash in lieu of any shortage of PUD open space. Or you could choose to make the lots smaller adjacent to the PUD open space in order to eliminate any potential shortage of PUD open space. Affordable Housing 1. I appreciate Mr. Dunlap's presentation of this parcel within Phase II of the subdivision"...as a means of providing a platform that would assure the commission that the PUD performance points would be met." I also appreciate the fact that the parcel has been platted and a deed planning • zoning 9 subdivision review • annexation 9 historic preservation • housing 9 grant administration 9 neighborhood coordination restriction is shown on the face of the plat. I believe that reflects the spirit and intent of the Commission's approval of this PUD. 2. You suggest that requiring open space requirements to be met, and affordable housing be provided, would be "double dipping" on the part of the City. I understand where you're coming from on this point, but I have a different take on the situation. Namely, I believe you got two extraordinary benefits by going through the PUD process—allowance for concurrent construction of infrastructure and buildings, and density bonuses (essentially allowing R-4 uses in an R-3 district). 3. In light of the two benefits you derived from the PUD process, I believe it is fair to consider two community benefits as conditions of approval, i.e., the provision of open space (as required by the Code) in exchange for concurrent construction, and the reservation of a lot for affordable housing as (proffered during review) in exchange for the density bonuses. 4. Nevertheless, the City is appreciative and supportive of your efforts in these regards, and I will indeed commit the planning department to expedited reviews of any and all remaining subdivision phases and/or development proposals in West Winds, in a manner consistent with. the "top of the pile" policy for Affordable Housing projects. This would be done for all phases and developments in West Winds, not just development of the affordable housing parcel, because I recognize and want to support your efforts in regard to providing for affordable housing as well as open space in the development In your cover memo, you also asked about the status of the SID waiver, and about additional language contained in our most recent Conditions of Approval letter., The SID waiver has now been forwarded to you, and I have directed Planner Windemaker to remove the extra language in the Conditions of CUP Approval document. I hope this resolves all remaining issues, Clint, and that we are now positioned to finalize the PUD. Let me know if you have any questions. Best Regards, Andy Epple, AICP Director of Planning and Community Development Page 2 • Page 1 of 2 r g Andy Epple From: Litle, Clint[CLitle@hkminc.com] Sent: Monday, April 14, 2008 11:39 AM To: Andy Epple Cc: John Dunlap Subject: RE: West Winds Letter Attachments: 0057_001.pdf; 0060_001.pdf Andy: The overall format of the conditions that Lanette supplied for this amendment is very different than the previous approved version(s). The previous approved and filed version is specific to the conditions. The version that Lanette supplied is editorial and includes language (first paragraph page 1 for example) that Cascade Development proffered construction of affordable housing in exchange for relaxations. We want a document similar to the previously approved conditions which simply state the conditions. I have attached the previous and currently proposed so you can see the difference. Clint From: Andy Epple [ma i Ito:aepple@BOZEMAN.NET] Sent: Monday, April 14, 2008 11:04 AM To: Litle, Clint Subject: RE: West Winds Letter Hi Clint. I'm reviewing your submittals as we speak. I have a question and a comment on the two points you make in your cover letter. First, what do you mean by "...be revised and formatted to match the previous versions."? Second, the Waiver is in the City engineer's office for review. We expect to have it out to you in the next few days. Andy From: Litle, Clint [mailto:CLitle@hkminc.com] Sent: Monday, April 14, 2008 10:31 AM To: Andy Epple Subject: West Winds Letter Andy: Attached is a cover letter that was supposed to go with the letter I hand delivered last week. I found a copy in my truck and I was concerned that you did not get a copy. It requests the Conditions of Approval for the PUD be revised and the No Protest to RID. Are we getting close to approval on the PUD? Clint Litle, P.E. HKM Engineering, Inc 4/21/2008 Rl, E E R I N G April 7, 2008 920 Technology Boulevard Project No. 04S067.125 Suite ABozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 Mr. Andy Epple www.hkminc.com Planning Director City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 RE: West Winds PUD PUD Performance Points Dear Mr. Epple: As requested,this letter is to memorialize our meeting on April 1, 2008 with John Dunlap regarding the West Winds PUD Performance Points. The purpose of the meeting was to follow up the HKM March 201h letter to Chris Kukulski, and subsequent meeting with Mr. Kukulski and City staff on March 24, 2008. The meeting addressed two primary items: means of meeting the PUD performance points and the disposition of the affordable housing parcel in Phase I1 subdivision. PUD Performance Points—The discussion centered on the methods and ability to meet PUD performance points. It was agreed based on the materials supplied to Mr. Epple within the HKM 3/20/08 letter(staff reports, finding of fact and orders, CUP conditions) and the video record of the 10/1/07 public hearing, that the project can meet the PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof and that the prorated allocation of points does not apply if open space or cash-in-lieu of open space is used. If the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the applicant is not required to provide the required points until the filing of the final plat for the final phase of the PUD. Commencing with the filing of the final phase, the applicant will be eligible for reimbursement of the cash-in- lieu for a period of four years. Based on the amended PUD, as submitted to the City on 3/28/08, 15.12 PUD performance points (Table 3.4, page 3-10) will be met by additional open space; 4.88 points will be met by cash-in-lieu. Therefore, once 24.4% (4.88 / 20) of an affordable housing project is constructed, 100% of the cash-in-lieu can be reimbursed. Affordable Housing Parcel —This item involved discussion of the disposition of the affordable housing parcel within the Phase I1 subdivision. Mr. Dunlap presented that the parcel was provided as a means of providing a platform that would assure the commission that the PUD performance points would be met. The affordable parcel has been platted and a deed restriction is shown on the face H:\04\S067125\Revised PUD\0804011a5 AE.doc BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Mr. Andy Epple April 7, 2008 Page 2 of 2 of the Phase I1 final plat. The affordable parcel has been sold to a third party; Mr. Dunlap stated that the new owner was informed that the parcel has a deed restriction that assures compliance to the PUD performance points through affordable housing, open space or cash-in-lieu of open space. The primary point of discussion was whether the parcel would remain deed restricted if the PUD performance points were met through open space and cash-in-lieu of open space. Essentially, if the points are met through open space and/or cash-in-lieu of open space the PUD would exceed the UDO requirements and leaving the deed restriction in place could be viewed as "double dipping". Mr. Dunlap presented that he would be agreeable to leaving the deed restriction in place, conditioned that subsequent site plan, CUP and final plat applications be given consideration for processing under expedited review (moved to the top of the pile) by the Planning and Engineering Offices. At this point the meeting adjoined, Mr. Epple stated he wanted to view the full 10/1/07 video record, and requested this letter documenting the meeting. If you have any questions please feel free to contact our office. Sincerely, HKM Engineering, Inc. Clint Litle, P.E. Senior Project Manager Enclosures H:\04\5067125\Revised PUD\080401la5 AE.doc E N G I NIEE RIN"G- � 920 Tec-inology Boulevard April 7, 2008 Suite A Project No. 04S067.125. Bozeman,W 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Mr. Andy Epple Planning Director City of Bozeman P.O. Box 1230 Bozeman,MT 59771-1230 RE: West Winds.PUD PUD Performance Points Dear Mr. Epple: Attached is a letter memorializing' ur meeting on April 1, 2008 wiih John Dunlap regarding tje West Winds PUD Performance Points. In conjunction with the West Winds PUD we also request the two following items: 1. The"CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD,BOZEMAN. MONTANA"be revised'and formatted to match the previous versions. 2.. The waiver of no-protest be prepared and supplied to our office.. As requested by your staff, we have provided the names and mailing addresses for the effected properrties. Your timely response to the attached letter and providing the two items above would be greatly appreciated. It is critical that the PUD be approved as soon as possible to facility several pending projects for the West Winds. We need a response to the PUD performance points by April 14, 2008. If you have any questions please feel free to contact our office. Sincerely, -BY-114 Engineering, Inc. f -........ C >:nt Litle, P.E. Senior Project Manager Enclosures BILLINGS,M+ONTANfq-\() ( 1�.ise&FEE=j&j&�E.dMENAL MONTANA MILES CITY.MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.65fi.6339 40fi.723.8213 ' 406A53.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 4CI .PIN I N E E R I ING March 20, 2008 920 Technology Boulevard Project No. .04S067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Mr. Chris Kukulski Fax: 406.586.1730 City Manager www.hkminc.com City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 RE: West Winds PUD Amended Affordable Housing Condition Dear Chris: This letter is in response to Andy Epple's October 24, 2007 letter in regards to West Winds Planned Unit Development (PUD) performance points and subsequent PUD review letters issued by Lanette Windemaker. Specifically, below you will find the documentation based on staff reports, Planned Unit Development/ Conditional Use Permit approvals; and Findings of Fact and Order that the PUD has always allowed the performance points to be met through affordable housing or"alternative" means and that affordable housing was not the basis of approval for the West Winds PUD. Beginning with Mr. Epple's October 24, 2007 letter paragraph 3, where it is stated, "The construction of affordable housing in the West Winds PUD to meet the PUD performance points was a significant proffer to the City of Bozeman in exchange for the relaxations from standards permitted such things as apartments and assisted living units as allowed uses in the R-3 zone." We disagree with the use of the word "proffer," in a true sense, it was an exaction. The approval of the West Winds PUD was not based on providing affordable housing. The West Winds PUD went through an extensive concept review and pre-application review by Planning Staff and the City Commission where numerous revisions were required by the City and complied with by the applicant prior to any discussion of affordable housing. The original PUD application (see attached staff report for 5/10/04 Commission meeting) heard by the City Commission on May 10, 2004 requested nine relaxations; three were denied by the City Commission (dealing with park dedication and watercourse setback park credit), five relaxations were approved that dealt with the site specific and preexisting site specific conditions related to alignment with adjacent existing roads, wetlands and water courses, and block dimensions to improve restricted size lot design. All relaxations were mitigated by added conditions which were not associated with affordable housing. The ninth relaxation that was specifically mentioned in Mr. Epple's letter; Section 18.16.020.B "Authorized Uses" was recommended by staff for approval and approved by BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.372.9006 307.332.3285 Mr. Chris Kukulski March 20, 2008 Page 2 of 3 the City Commission based on the fact that it provided implementation of Growth Policy Goal 5.7.1 "to supply an adequate supply of safe housing that is diverse in type ... ." The fourth paragraph of Mr. Epple's letter states "The cash-in-lieu option is only available as needed for density not provided by the number of affordable housing units." This is not correct and was never the intent nor stated within the approved PUD. This is documented by the FINDING OF FACT AND ORDER for the Phase 1 A & 1 B preliminary plat (see attached) which was approved concurrent with the PUD and conditioned to comply with the PUD. Condition#4 on page 8 states the following: 4. The property owner has proposed that Lot 7 of Phase 1 A will be developed with an affordable housing project in order to meet the Performance Points for a Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the property owner shall provide an alternative means to meet the Planned Unit Performance standards. (emphasis added) This clearly demonstrates that the property owner has the right to provide an"alternative" means to meet PUD performance points, which would include additional public open space and /or cash-in-lieu of open space per the UDO. The right to provide an"alternative" means to meet PUD points is further documented by the City Commission Staff Report West Winds CUP/PUD Modifications for July 5, 2005 (see attached). More specifically: ■ Item #4 page 3, city italicized response, next to last sentence reads, "Additionally, we can agree that in the event the affordable units are not constructed prior to final plat of the last phase then cash-in-lieu of open space should be provided." • Page 5, 2"d paragraph, last sentence reads, "Instead he (developer) would like to `provide a platforrn upon which affordable housing can be built' by providing `affordable real estate."' ■ Page 5, paragraph 7 (condition #4), next to last sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." ■ Page 6, Condition#31, 2"d sentence reads, "In the event the affordable housing units are not built prior to filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer will pay cash-in-lieu for additional open space to meet the required PUD performance points... ." HA04\5067125\Revised PUD\080320la5 CK.doc Mr. Chris Kukulski March 20, 2008 Page 3 of 3 This is further documented by the REVISED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT, as filed with the Gallatin County Clerk & Recorder's Office July 19, 2005. Page 5, condition 37, 2"d sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." The fifth and final paragraph of Mr. Epple's letter states that the use of cash-in-lieu for open space is a substantive change and would require the City Commission's approval. Again, we strongly disagree with this statement; the documentation cited within this letter demonstrates that the PUD has always allowed the PUD points to be meet through either affordable housing or an "alternative" means prescribed by the UDO—primarily additional open space or cash-in-lieu of open space. This can be traced back to the original PUD approval granted by the City Commission May 24, 2004. It is—and continues to be—our position, based on the PUD approval record, UDO and the City Planning staffs statements on record, that the applicant has the nigh to fulfill the PUD performance criteria by open space and cash-in-lieu of open space; and by doing so will meet condition #37, as amended by the City Commission on October 17, 2007. Furthermore, earning the PUD performance points through open space and cash-in-lieu of open space, the applicant will not be required to construct affordable housing units. The use of open space and cash-in-lieu of open space is not a substantive change and there is no need for subsequent Commission approval. Based on the staff reports, PUD/CUP approvals, Findings of Fact and Order and the UDO documentation outlined within this letter, we formally request that the amended West Winds PUD final application;as submitted on February 20, 2008, be deemed complete and approved. The PUD application is in compliance with the City's earlier approvals meeting PUD performance point requirements If you have any questions please feel free to contact our office. Sincerely, I HKM En . ering, Inc. Clint itle, P.E. Senior Project Manager enclosures H:\04\S067125\Revised PUD\0803201a5 CK.doc West Winds Subdivision Phase 4 Preliminary Plat Legal Description Beginning at the west quarter corner of Section 2, Township 2 South, Range 5 East, Principle Merridian Montana, being the true point of beginning; Thence, along the west line of said section 2, North 01°35'22" East, 700.3 7 feet; Thence, North 89°42'52" East, 889.88 feet; Thence, South 00°17'08" East, 700.00 feet, to the east-west mid section line of said section 2; Thence, along the east-west mid section line of said section, South 89°42'52" West, 912.79 feet, to the point of beginning, containing 14.484 acres. HAMS0671251Pre-plat ph 4,5,61legal Description phases 4-8.doc West Winds Subdivision Phase 5A Preliminary Plat Legal Description Beginning at the northwest corner of WEST WINDS SUBDIVISION PHASE 4, from which the west quarter corner of Section 2, Township 2 South, Range 5 East, P.M.M. bears South 01135'22" West, 700.37 feet; Thence, North 01°35'22" West, 490.73 feet; Thence, South 90°00'00" East, 761.64 feet; Thence, South 13'15'34" East, 201.75 feet, to a point of curvature concave westerly; Thence, along said curve to the right, having an arc length of 61.14 feet, a radius of 270.00 feet, a central angle of 12°58'26" and chord bearing South 06°46'21" East, 61.01 feet; Thence, South 00°17'08" East, 229.61 feet; Thence, South 89°42'52" West, 829.88 feet to the point of begining, containing 9.044 acres. West Winds Subdivision Phase 5B Preliminary Plat Legal Description Begining at the Southwest corner of PHASE 5A, Thence North 89°42'52" East 152.12 feet; to a point of curvature concave northerly; Thence, along said curve to the left, having an arc length of 174.34 feet, a radius of 470.00 feet, a central angle of 21°15'13" and chord bearing North 79'05'16" East, 173.35 feet; Thence, North 68°27'39" East, 354.13 feet; Thence, north 21°21'34" West, 385.81 feet, to a point of curvature concave easterly; Thence, along said curve to the right, having an arc length of 199.13 feet, a radius of 1020.00 feet, a central angle of 11°11'08" and chord bearing North 15°46'00" West, 198.81 feet, to a point of non-tangency; Thence, South 79°49'34" West, 162.50 feet, to a point of non-tangent curvature, convave easterly; Thence along said curve to the right, having an arc length of 50.04 feet, a radius of 1182.00 feet a central angle of2°25'29", and a chord bearing South08057'42" West, 50.04 feet to a point of non-tagency; Thence, South 79020'18" West, 135.91 feet; Thence, North 90°00'00" West, 243.31 feet; Thence, South 00°15'17" East, 48.23 feet, to a point of non-tangent curvature, concave easterly; Thence, along said curve to the left, having an arc length of 74.72 feet, a radius of 330.00 feet, a central angle of 12°58'26", and a chord bearing South 06046'21" East, 74.56 feet; Thence; South 13015'34" East, 103.75 feet; Thence, South 13°15'34" East, 201.75 feet, to a point of curvature concave westerly; Thence, along said curve to the right, having an arc length of 61.14 feet, a radius of 270.00 feet, a central angle of 12°58'26" and chord bearing South 06046'21" East, 61.01 feet; Thence South 00"I T08" East, 229.61 feet to a point of begining, containing 9.063 acres. HAMS067125\Pre-plat ph 4,5,6\Legal Description phases 4-8.doc West Winds Subdivision Phase 6 Preliminary Plat Legal Description Beginning at the northwest corner of WEST WINDS SUBDIVISION PHASE 5, from which the west quarter corner of said section bears South 01°35'22" West, 1191.14 feet; Thence, from said point of beginning, North 90°00'00" East, 761.94 feet; Thence, North 13'15'34" West, 103.75 feet, to a point of curvature concave easterly; Thence along said curve to the right, having an arc length of 74.72 feet, a radius of 330.00 feet, a central angle of 12°58'26", and a chord bearing North 06°46'21" West, 74.56 feet to a point of non-tangency; Thence, North 00"15'23" West, 48.23 feet; Thence,North 90°00'00" East, 243.31 feet; Thence, North 79°20'18" East, 135.91 feet;to a point of non-tangent curvature, concave easterly; Thence alont said cury to the left, having an arc length of 50.04 feet, a radius of 1182.50 feet to a central angle of 2°25'29", and a chord bearing South 08°57'42" East, 50.04 feet to a point of non-tangency; Thence, North 79°49'34" East, 162.50 feet, to a point of non-tangent curvature, concave easterly; Thence, along said curve to the right, having an arc length of 317.10 feet, a radius of 1020.00 feet, a central angle of 17°48'44", and a chord bearing North 01°16'04" West, 315.82 feet; Thence, North 07°38'17" East, 291.40 feet; Thence, North 82°21'43" West, 97.50 feet; Thence, North 89°25'07" West, 65.50 feet; Thence, South 07°38'17" West, 98.44 feet; Thence, South 90°00'00" West, 343.78 feet; Thence, North 01°17'08" West, 13.00 feet; Thence South 90°00'00" West, 504.91 feet; Thence, North 01°35'22" East, 24.50 feet; Thence, North 88°24'38" West, 260.00 feet, to a point on the west line of said Section 2, from which the northwest Section corner of said Section 2 bears North 01°35'22" East, 675.56 feet; Thence, along the west section line of said Section 2 South 01°3522" West, 793.44 feet, to the point of beginning, containing 19.689 acres. HAMS067125\Pre-plat ph 4,5,6\Legal Description phases 4-8.doc West Winds Subdivision Phase 7 Preliminary Plat Legal Description Beginning at the northwest corner of WEST WINDS SUBDIVISION PHASE 6, from which the west quarter corner of said section 2 bears South 01°35'22" West, 1984.55 feet; Thence, from said point of beginning, along the west line of said 2 section, North 01°35'22" East, 252.00 feet, from which the northwest corner of said 2 section bears North 01°35'22" East,423.56 feet; Thence, South 88°24'38" East, 260.00 feet; Thence, North 01°35'22" East, 10.61 feet; Thence, South 90°00'60" East, 435.62 feet; Thence, North 00°17'11" West, 423.21 feet, to the north line of said section 2, from which the northwest corner of said section 2 bears South 89°43'51" West, 681.86 feet; Thence, along the north line of said 2 section, North 89043'51 East, 1201.65 feet; Thence, South 00°39'27" West, 151.17 feet; Thence, South 15°19'52" West, 114.24 feet; Thence, South 00039'27" West, 168.84 feet; Thence, South 89043'51" West, 41.59 feet,to a point of curvature concave northerly; Thence, along said curve to the right, having an arc length of 122.11 feet, a radius of 270.00 feet, a central angle of 25°54'47", and a chord bearing North 77°18'46" West, 121.07 feet to a point of non-tangency; Thence, South 00°39'27" West, 530.74 feet, to a point of curvature concave westerly; Thence, along said curve to the right, having an arc length of 47.28 feet, a radius of 90.00 feet, a central angle of 30°06'02", and a chord bearing South 15°42'28" West, 46.74 feet; Thence, South 30°45'29" West, 96.61 feet; Thence, North 590 14'05" West, 256.93 feet, to a point of curvature concave southerly; Thence, along said curve to the left, having an arc length of 161.09 feet, a radius of 300.00 feet, a central angle of 30045'55", and a chord bearing North 74'37'02" West, 159.16 feet; Thence, North 90°00'00" West, 15.79 feet; Thence, North 07038'l7" East, 246.13 feet; Thence,North 82121'43" West, 97.50 feet; Thence, North 89°25'07" West, 65.50 feet; Thence, South 07038'17" West, 98.44 feet; Thence, South 90000'00" West, 343.78 feet; Thence, North 01°1 T08" West, 13.00 feet; Thence, South 90°00'00" West, 504.91 feet; Thence, North 01°35'22" East, 24.50 feet; Thence, North 88°24'38" West, 260.00 feet, to the point of beginning, containing 24.891 acres. HAMS0671 25\Pre-plat ph 4,5,6\Legal Description phases 4-8.doc West Winds Subdivision Phase 8 Preliminary Plat Legal Description Beginning at the northwest corner of Section 2, Township 2 South, Range 5 East, Principle Merridian Montana, being the true point of beginning; Thence, along the north section line of said Section 2,North 89°43'51" East; 681.86 feet; Thence, South 00'1 T 11" East, 423.21 feet; Thence, North 90°00'00" West, 435.52 feet; Thence, South 01°35'22" West, 10.61 feet; Thence, North 88°24'38" West, 260.00 feet, to a point on the west line of said Section 2, from which the west quarter corner of said section bears South 01°35'22" West, 2236.55 feet; Thence, along the west section line of said Section 2, North 01°35'22" East, 423.56 feet, to the point of beginning, containing 6.708 acres. H:\04\S067125\Pre-plat ph 4,5,6\Legal Description phases 4-8.doc West Winds Phase 2A Legal Description Lot 1 Block 1 Lot 2 Block 1 Lot 5 Block 1 Lot 6 Block 1 Lot 10A Block 1 Lot 10B Block 1 Lot 11A Block 1 Lot 11 B Block 1 Lot 12A Block 1 Lot 12B Block 1 Lot 13A Block 1: Lot 13B Block 1 Lot 14A Block 1 Lot 14B Block 1 Lot 15A Block 1 Lot 15B Block 1 Lot 16A Block 1 Lot 16B Block 1 Lot 17A Block 1 Lot 17B Block 1 Lot 4A Block 2 Lot 4B Block 2 Lot 9A Block 3 Lot 9B Block 3 Lot 1 A Block 5 Lot 1 B Block 5 Lot 2A Block 5 Lot 2B Block 5 Lot 3A Block 5 Lot 3B Block 5 Lot 4A Block 5 Lot 4B Block 5 Lot 6A Block 6 Lot 6B Block 6 Lot 7A Block 6 Lot 7B Block 6 Lot 8A Block 6 Lot 8B Block 6 Lot 1A Block 7 Lot 1 B Block 7 Lot 2A Block 7 Lot 2B Block 7 Lot 3A Block 7 Lot 3B Block 7 Lot 4A Block 7 Lot 4B Block 7 West Winds Phase 2B Legal Description Lot 2A Block 2 Lot 2B Block 2 Lot 3A Block 2 Lot 3B Block 2 Lot 1 A Block 3 Lot 1 B Block 3 Lot 2A Block 3 Lot 2B Block 3 .Lot 6A Block 3 Lot 6B Block 3 Lot 7A Block 3 Lot 7B Block 3 Lot 8A Block 3 Lot 8B Block 3 Lot 8A Block 4 Lot 8B Block 4 Lot 9A Block 4 Lot 9B Block 4 Lot 1 OA Block 4 Lot 1 OB Block 4 Lot 11 A Block 4 Lot 118 Block 4 Lot 12A Block 4 Lot 12B Block 4 West Winds Phase 3 Legal Description Lot 1 Block 1 Lot 3 Block 1 Lot 4 Block 1 Lot 5 Block 1 Lot 7 Block 1 ,Lot 8 Block 1 Lot 9 Block 1 I i I E N G I N E E R I N G 920 Technology Boulevard Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com February 28, 2008 Rec. No. 04S067.125 Ms. Lanette Windemaker, AICP City of Bozeman Planning Office l p C �� � E P.O. Box 1230 -— ----- Bozeman MT, 59771 MA.R 2 8 2008 DEPARTMENT OFF PLANNING RE: West Winds Planned Community AND COMMU1i11'Y DEVELOPMENT Modified Final PUD Submittal Z-07028 Dear Ms. Windemaker: Attached is one set of responses to your March 7, 2008 letter. We met with the City Manager, Planning Director, and Attorney earlier this week to address the outstanding issue in regard to the PUD Performance Points. Once we have resolution on that item, I will provide additional copies of this document as needed. If you have any questions, please do not hesitate to call our office. Sincerely, HKM.Engineering Inc. C mt Lille, P.E. Senior Project Engineer Cc: John Dunlap Art Wittich Enclosure(s) BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 - PN I IN. E E R I N 920 Technology Boulevard • Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com March 28, 2008 Rec. No. 045067.125 Ms. Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box 1230 Bozeman MT, 59771 RE: West Winds Planned Community Modified Final PUD Submittal Z-07028 Dear Ms. Windemaker: On behalf of Cascade Development, Inc., HKM Engineering responds to your March 7, 2008,comments as follows. Even.though Cascade Development.Inc. has submitted a modified Final PUD Submittal, Cascade Development Inc. reserves all of its constitutional, statutory, regulatory and other legal rights to appeal any final determination by the City of Bozeman for this or other issues. Chapter 2—Table revised so affordable note# is printing. Appendix 1.1,and 1.2 —Figures 2.1 and 2.1 A have been inserted. Appendix 1.3 First Bullet—As provided the CUP condition document is significantly different in format and content from the 2004 and 2005 CUP condition documents. The current CUP condition document needs to be reformatted to be consistent with the earlier versions prior to the applicant agreeing to sign and filing the document. Second Bullet—Attached is a hardcopy and CD with legal descriptions of properties currently still owned by the developer. Once your office has prepared the no protest document the Developer will file with the Clerk & recorders Office. • Park Plan BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER.WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Ms. Lanette Windemaker West Winds Final PUD March 28, 2008 Page 2 of 2 First Bullet—Note has been modified on all sheets. Second Bullet—Access roads to manholes have been revised as requested. Third Bullet— Street trees have been added as requested. Chapter 3 —Throughout the PUD application (see page 3-8 for detail discussion) it is clearly defined that the PUD performance points will be met through affordable housing, additional open space, cash-in- lieu of open space or any combination thereof. The public record for the project is consistent that the use open space and cash-in-lieu open space is available to the project. The West Winds PUD provided a deed restricted housing parcel within Phase II subdivision that provided the assurances to the City that the PUD performance points would be provided. Condition #6, Density Cap—The PUD application details that if needed cash-in-lieu for PUD performance points (page 3-8) and park area (page 3-5) will be used to address the density cap. Condition #18, construction of Affordable Housing— See response to Chapter 3 above. If you have any questions, please do not hesitate to call our office. Sincerely, HKM Engineering Inc. Litle, P.E. Senior Project Engineer Cc: John Dunlap Art Wittich Enclosure(s) • H:\04\S067125\Revised PUD\West Winds PUD third review Clint Response.doc Section 18.44.090.D.3., to allow residential lots that front on Hunters Way and Buckrake Avenue and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the access separation distance between the proposed local streets onto West Oak Street to be less than 660 feet. The subject property is bounded by Baxter Lane, West Oak Street, North 27th Avenue, and Davis Lane. Included in the Commission packets were several letters of support and opposition for this project and the requested relaxations from the code requirements. Mayor Cetraro opened the public hearing. Associate Planner Morris distributed copies of her memorandum dated May 10, outlining additional conditions, and then presented the staff report. Staff has reviewed this application in light of the applicable criteria,and their findings are included in the written staff report. She reviewed the application,saying Davis Lane is in direct alignment with, and thus will be changed to, Fowler Avenue. Staff does not support the requested relaxation of the watercourse setback because the required 50-foot setback is to insure pollutant filtration, minimize flood hazards, minimize stream bank erosion, and maintain the existing wildlife habitat. Staff also does not support the requested relaxation to allow the watercourse setback to be counted toward the parkland dedication, the request that the parkland requirement be based on 11 percent net buildable area instead of 0.03 acres per dwelling unit, or the request to allow residential lots to access local streets within 150 feet of an intersection with an arterial. Planning staff has identified various code provisions which are currently unmet, and staff has advised the applicant that he must comply with these provisions prior to receiving final site plan approval. Four letters have been received by staff and were included in the staff packet. One of the letters suggests offsetting Hunters Way from its current alignment. Staff suggests requiring traffic calming on Hunters Way, rather than offsetting the alignment. Relevant code provisions are listed in the staff report and will have to be addressed, but they are not conditions of approval. Commissioner Kirchhoff asked for clarification of the terms "deviation" and "relaxation". Planning Director Epple stated deviations are specific to historic districts,neighborhood conservation overlay districts, or entryway corridor overlay districts. Relaxations are relevant to areas other than those within the above listed districts. Relaxations must result in a superior product. r John Dunlap, Quest West,1noted this is the largest undeveloped, annexed, and zoned property in Bozeman.--They have strived to embrace-as many goals listed in the Bozeman 2020 Community Plan as possible in this one application. Housing types will include single family residences, townhouses, apartments,senior cottages and apartments and assisted living facility,condominiums, affordable housing on restricted size lots, and section 42 housing. Mr. Dunlap said he feels the current staff determination of the parkland_requirement is a far-reaching interpretation of the Unified Development Ordinance (UDO). f They have followed the steps outlined in the LIDO verbatim,and they have met the goals listed in the growth policy. The LIDO allows the park area requirement to be based on the 11 percent net buildable area if the density of the development is unknown. Staff, however, insists that 0.03 acres per dwelling unit is required for parkland dedication. Quest West wants to provide additional parkland amenities for the enjoyment of the entire community, but they will have to reduce those amenities if they are required to comply with staff's requirement for parkland dedication. Additionally, they will have to reduce the number of affordable multi-family housing units and convert them to single-family lots, which will adversely impact affordable housing, as well as the goal of the growth policy. Mr. Dunlap stated maintaining the 50-foot watercourse setback will adversely impact the proposed soccer fields. This is a minor watercourse that is typically dry, and there is no floodplain associated with it. Mr. Dunlap said they believe that these setbacks should be used for active recreation areas. Since the need for soccer fields in this valley is enormous, this area could be utilized for the betterment of the community. It is not an uncommon practice to place soccer fields in flood-prone areas because it is a good dual use. Regarding the requested relaxation to allow apartments within the R-3 zoning district, Mr. Dunlap stated it is their intent to provide apartments at a density consistent with apartments in the R-4 zoning district. Mr. Dunlap stated they would like to have the Commission discuss and motion each relaxation individually. As stated in the LIDO, the intent of the planned unit development process is to promote flexibility and innovation in the development of land and the design of the development. It also states that 05-10-04 - 10 - 0 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, to direct staff to bring back a resolution creating special improvement district number 677 for improvements to the traffic signal at the intersection of North 19th Avenue and Valley Center Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public hearing-Commission Resolution No.3678-intent to create SID No 678 installation of traffic signal at intersection of North 19th Avenue and Cattail Street This was the time and place set for the public hearing on the intent to create SID No. 678, as set by Commission Resolution No. 3678, entitled: COMMISSION RESOLUTION NO. 3678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 678; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BYTHE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDERTHE INTERNAL REVENUE CODE. Mayor Cetraro opened the public hearing. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff,to direct staff to bring back a resolution creating special improvement district number 678 for the installation of a traffic signal at the intersection of North 19th Avenue and Cattail Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Break - 8:47 - 8:58 pm Mayor Cetraro declared a break from 8:47 pm until 8:58 pm in accordance with Commission policy. Public hearing - Conditional Use Permit for West Winds Planned Unit Development - establish a unified development plan for a 161.30-acre subdivision for development of 213 single-household 92 townhouse. 5 multi-household. and 8 senior assisted living lots with relaxations from various sections of the Unified Development Ordinance - HKM Engineering for Quest West LLC (lying between Baxter Lane and West Oak Street, and between North 27th Avenue and Davis Lane) Z-04050 This was the time and place set for the public hearing on the Conditional Use Permit for West Winds Planned Unit Development, as requested by HKM Engineering for Quest West, LLC, under Application No. Z-04050, to establish a unified development plan for a 161.30-acre subdivision for development of 213 single-household, 92 townhouse, 5 multi-household, and 8 senior assisted living lots,with relaxations from the Unified Development Ordinance as follows: (a) from Section 18.42.100, to allow the watercourse setback to be reduced from 50 feet to 15 feet; (b) from Section 18.50.070.A.1., to allow the watercourse setback to count toward the parkland dedication requirement; (c) from Section 18.50.020, to allow the parkland dedication requirement to be based on 11 percent of net buildable area instead of 0.03 acres per dwelling unit; (d)from Section 18.16.020.B., to allow assisted living/elderly care facilities and apartments within the"R-3", Residential—Medium-density,zoning district;(e)from Section 18.42.030.C.,to allow double frontage lots adjacent to arterial and collector streets; (f)from Section 18.42.040.B., to allow block lengths to exceed 400 feet; (g)from Section 18.42.040.C., to allow the minimum block length to be less than 200 feet for blocks with restricted size lots;(h)from Section 18.42.180.C.,to allow townhouse restricted size lots to be less than 3,000 square feet and more than 3,000 square feet for corner townhouse lots; and (i)from 05-10-04 ENGINEERING March 20, 2008 920 Technology Boulevard Project No. 045067.125 Suite A Bozeman,MT 59718 Phone: 406.586.8834 Mr. Chris Kukulski Fax: 406.586.1730 City Manager www.hkminc.com City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 RE: West Winds PUD Amended Affordable Housing Condition Dear Chris: This letter is in response to Andy Epple's October 24, 2007 letter in regards to West Winds Planned Unit Development (PUD) performance points and subsequent PUD review letters issued by Lanette Windemaker. Specifically, below you will find the documentation based on staff reports, Planned Unit Development /Conditional Use Permit approvals; and Findings of Fact and Order that the PUD has always allowed the performance points to be met through affordable housing or"alternative" means and that affordable housing was not the basis of approval for the West Winds PUD. Beginning with Mr. Epple's October 24, 2007 letter paragraph 3, where it is stated, "The construction of affordable housing in the West Winds PUD to meet the PUD performance points was a significant proffer to the City of Bozeman in exchange for the relaxations from standards permitted such things as apartments and assisted living units as allowed uses in the R-3 zone." We disagree with the use of the word "proffer," in a true sense, it was an exaction. The approval of the West Winds PUD was not based on providing affordable ho-using. The West Winds PUD went through an extensive concept review and pre-application review by Planning Staff and the City Commission where numerous revisions were required by the City and complied with by the applicant prior to any discussion of affordable housing. The original PUD application (see attached staff report for 5/10/04 Commission meeting) heard by the City Commission on May 10, 2004 requested nine relaxations; three were denied by the City Commission (dealing with park dedication and watercourse setback park credit), five relaxations were approved that dealt with the site specific and preexisting site specific conditions related to alignment with adjacent existing roads, wetlands and water courses, and block dimensions to improve restricted size lot design. All relaxations were mitigated by added conditions which were not associated with affordable housing. The ninth relaxation that was specifically mentioned in Mr. Epple's letter; Section 18.16.020.B "Authorized Uses" was recommended by staff for approval and approved by BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Mr. Chris Kukulski March 20, 2008 Page 2 of 3 the City Commission based on the fact that it provided implementation of Growth Policy Goal 5.7.1 "to supply an adequate supply of safe housing that is diverse in type ... ." The fourth paragraph of Mr. Epple's letter states "The cash-in-lieu option is only available as needed for density not provided by the number of affordable housing units." This is not correct and was never the intent nor stated within the approved PUD. This is documented by the FINDING OF FACT AND ORDER for the Phase 1 A & 1 B preliminary plat (see attached) which was approved concurrent with the PUD and conditioned to comply with the PUD. Condition#4 on page 8 states the following: 4. The property owner has proposed that Lot 7 of Phase 1 A will be developed with an affordable housing project in order to meet the Performance Points for a Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the property owner shall provide ar_, alternative means to meet the Planned Unit Performance standards. (emphasis added) This clearly demonstrates that the property owner has the right to provide an "alternative" means to meet PUD performance points, which would include additional public open space and /or cash-in-lieu of open space per the UDO. The right to provide an"alternative" means to meet PUD points is further documented by the City Commission Staff Report West Winds CUP/PUD Modifications for July 5, 2005 (see attached). More specifically: ■ Item #4 page 3, city italicized response, next to last sentence reads, "Additionally, we can agree that in the event the affordable units are not constructed prior to final plat of the last phase then cash-in-lieu of open space should be provided." ■ Page 5, 2nd paragraph, last sentence reads, "Instead he (developer) would like to `provide a platform upon which affordable housing can be built' by providing `affordable real estate."' ■ Page 5, paragraph 7 (condition #4), next to last sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." ■ Page 6, Condition#31, 2"d sentence reads, "In the event the affordable housing units are not built prior to filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer will pay cash-in-lieu for additional open space to meet the required PUD performance points... ." HAWS067125\Revised PUD\0803201a5 CK.doc Mr. Chris Kukulski March 20, 2008 Page 3 of 3 This is further documented by the REVISED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT, as filed with the Gallatin County Clerk & Recorder's Office July 19, 2005. Page 5, condition 37, 2"d sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." The fifth and final paragraph of Mr. Epple's letter states that the use of cash-in-lieu for open space is a substantive change and would require the City Commission's approval. Again, we strongly disagree with this statement; the documentation cited within this letter demonstrates that the PUD has always allowed the PUD points to be meet through either affordable housing or an "alternative"means prescribed by the UDO—primarily additional open space or cash-in-lieu of open space. This can be traced back to the original PUD approval granted by the City Commission May 24, 2004. It is—and continues to be—our position, based on the PUD approval record, UDO and the City Planning staffs statements on record, that the applicant has the right to fulfill the PUD performance criteria by open space and cash-in-lieu of open space; and by doing so will meet condition #37, as amended by the City Commission on October 17, 200. Furthermore, earning the PUD performance points through open space and cash-in-lieu of open space, the applicant will not be required to construct affordable housing units. The use of open space and cash-in-lieu of open space is not a substantive change and there is no need for subsequent Commission approval. Based on the staff reports, PUD /CUP approvals, Findings of Fact and Order and the UDO documentation outlined within this letter, we formally request that the amended West Winds PUD final application, as submitted on February 20, 2008, be deemed complete and approved. The PUD application is in compliance with the City's earlier approvals meeting PUD performance point requirements If you have any questions please feel free to contact our office. Sincerely, HKM En ' ering, Inc. Clint itle, P.E. Senior Project Manager enclosures H:\04\5067125\Revised PUD\0803201a5 CK.doc CITY COMMISSION STAFF REPORT ., WEST WINDS CUP/PUD FILE NO, #Z-04050 Item: Zoning Application #Z-04050, a Conditional Use Permit Application for a Zoning Planned Unit Development to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi-household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities with requested relaxations from the City of Bozeman Unified Development Ordinance on property bound by Baxter Lane, Oak Street, 27`h Avenue and Davis Lane and zoned "R-3" Residential, Medium Density District. Property Owner. Quest West LLC 3825 Valley Commons Drive, Suite 4 Bozeman, MT 59718 Applicant: HEM Engineering Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 Date: Before the Bozeman City Commission on Monday, May 10, 2004 at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street,Bozeman,Montana. Report By: Jami Morris, Associate Planner Recommendation: Conditional Approval of the PUD Denial of requested relaxations, a,b, c and i, listed in the staff report PROJECT LOCATION The subject property is described as NW'/a,Section 2, T2S, R5E, Gallatin County,Montana located between Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. The site is approximately 161.30 gross acres and is zoned "R 3," Residential Medium Density District. Please refer to the following vicinity map. #Z-04050 West Winds CUP/PUD Staff Report 1 72 BPS k-3 R-1 BP B BARTER � R-3 PLI IE- PROPOSAL The Conditional Use Permit application for a Zoning Planned Unit Development to establish a unified development plan for a 161.30 acre subdivision for the development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots with the following requested relaxations from the City of Bozeman Unified Development Ordinance: a) Section 18.42.100 "Watercourse Setback" to allow the watercourse setback to be reduced from 50 feet to 15 feet. Planning Staff, Dezegvrnt Reu*ew Co7niaee Design ReuewBaanz Rawatzon& Parks Adzisory Baird and the Wetlands ReziewBaard do nat support the requested ni=ation z f the witermune sdv,-h. The purpose of the sham setback is to protect utter quality by fzltenrzg pollutants,proudeflood mrttmo rrarurraze st-eam bank erosion mitigate stream 2enmz*pwd&rwri for lateral nvz mart cf the stream oaamid and prow aquatic habitat h) Section 18.50.070.A.1 "Linear Parks" to allow the watercourse setback to count towards the parkland dedication requirement. Plarvnng Staff, Dereloprrern Reuew Corranitt Design Reuew Board and the Rmwtzon & Parks A dusory Board do not support this n1axation bwause it rerxm the park land as urtually wwable for actize recrzution Stnum setbacks are not supposed to be auras z f aazw matation This ncuation ya—d-d allaM the wed sar.�zelds,to. detelotaed zeithirc.a_setlaadz tl .has._.the. ..,.. ._ ar po¢errtzal fin�a�nd.the>unter�rswa.,,,�lants,�tlxit are 'rah depite floe setbzci ratdxatiar� will nantiwthe playing crnasi_deral?ly(please note the attar landscape plan trz�s and s�irubs zecxrlc�7� znstallecl in areas d�r,�xl for soccer fields. Mazea�turf laaerz is rrat,xmsidered a stream Wer because it prozides no aquatic habitat fimdion and is ineffa w for flow mistral and doff not pmw the natural n3oww from foot traffic Sea= 9.1.6 "Parkland A a7uisuion" in the 2020 Plan states that parkland da&ation in sub vsions should only be aoxpted uhen the land is well/aata� is neodel for the ozerad park and mataation program and is ph}sicagy suited for park and mcrution use A flowing the stream setback to count as park land would allow the dez?ko to dadircate land that is not suitahle for acthe mcreatiorul use c) Section 18.50.020 "Park Requirements" to allow the park area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit. Planning Staff, Dezdopmnt ReziewCrrmittey Design Reuew Board, Rmwtion & Parks A dzisory Board do not support the relaxation to the parkland calculations. The Unifzad Dezeloprrent Orzlirrarxr?states that 0.03 acrz?s per dzeellirzg unit land dedicatiorz or cosh dartttion in lieu z f land dedication shall he pnxided A land dedication z f 2.5% to 11% is pmntte� dependent on lot size; if the de ns ity of #Z-04050 West Winds CUP/PUD Staff Report 2 the development is unknown. The applicant argues that the density cfthe larger lots mmzolfor apartrr;ent stye buildings is unknmm Staff fall that the density is set forth dnmy w the subrruttal as a minimon(f 960 dulling w= (pg. 6-1,pg.6-5, A pp. E pg 3, A pp.J pg. 1 and A pp. K pg 1). The applicant pnzide d an updated table park land calculations on A pnl 7, 2004. The tables indicate that 24.3 wauld be required if bzed on 810 dwelling units(960 units - 150 sk filled rnnsing facility units). They amern proposal is for 19.13 acres tf parkland indudang 35 feet cf the 50 foot stream and wetland sethwk. Plarnung Staff estimites the parkland as follm: Lots/Units Single Household 213 Townhouse 92 Multi-household 12 Lot Size: "R-3" Zoning Regulates Minimum Lot Size at 3,000 s.f./unit E-MF-1 159,346 53 E-MF-2 81,144 27 E-MF 6 274,112 91 E-MF-7 191,882 64 E-APT-1 206,887 69 S-2 81,709 27 S-3 88,856 30 S-4 162,264 54 S-5 169,772 57 S-6 166,050 55 S-7 162,236 54 S-8 164,343 55 953 Total Units Possible 28.20 Total Acres Required 26.26 Acres with Park Waiver for Wetlands The Recreation & Parks Adusory Bounl has agreed that 24.3 acres cf da&ated parkland would be aceptable but a density cap cf 810 dwelling units would haze to be in place and the dadicatsd parkland shauld be eadwiw of the uateraxcrse,luedand setback (50 feet from the high enter murk cf the stream or 50 feet f ivm the delineated edge cf the udlan� whidhezer is greater). d) Section 18.16:020.B "Authorized.Uses" to allow assisted living/elderly care facilities and apartments within the "R-3" Residential Medium Density zoning district. PLzvn rg Staff and the Derelopm�nt Re dew Cnv rhx support this relaxation sirup it is inpkr nenting a Crr uth Policy gud(5.7.1) to promote an adh7uate supply cf safe housing that is dzwne in type, density and location; with spocial emphasis on muintainirg reobadxod character and stability e) Section 18.42.030.0 "Double/Through and Reverse,Frontage" to allow double frontage lots adjacent to the arterial and collector streets. Planning Staff and the DezdopnEnt Reuero Cor.ra*ne?amditzonally supports this relaxation if wzenants indude language rauarzng the construction ef the bones to indude a false fiunt presented to the ex tenor streets, no rear yard fen es pmzatae a sxkualk connection is prozided from each building to the exterior stress and as long as the Hone Ozurr's Association is responsible for the mzintenaw of the exterior strut sidereulks, badewrds and trails. Q`xmise, the relaxation cannot be supported because it uauld not amply with ob em-ze 8 goal 4.9.1 C"mvn ty Design Oh edne 8 ra?ui76 new reig body tids to be integral parts Gf the brazckr wr unity stnattcre It is extremely dy act to be an integral part(f the mghbirbood when designed to isolate the dezd prrent from the rest of the City #Z-04050 West Winds CUP/PUD Staff Report 3 f) Section 18.42.040.B "Block Length" to allow the block lengths to exceed 400 feet. Planning Staff and the Dewkpnerrt Reziew Corrvaa&wrtdmonady support this rapoted relaxation except for the bloods backing onto the c6 u ted parkland AI6a* 60% cf the entire park perimeter is bamd by public right of wuy this park has been designed as a narrow linear park that is not well hated for aaa3sibil4 The park design drfs not facilitate aaess to lame areas cf the park since a majority cf the park is located h4m7d prizute lots. Staff could support the long bps within the interior qf the subdizisian rather than adjacent to the park. g) Section 18.42.040.0"Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots. Planning Staff supports the irxraze in block width as long as ada7uate street mrv=wty is maintained within the sub&usion h) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for comer townhouse lots. Planning Staff supports the smaller lots since prinmz projez haze demonstrated that derel°prrerrt with less than an average of 3,000 square feet for townhouse lots can be as nplished and gizen the additianal cmier side)and setback the imease in la size for consideration Gf caner lots is also aaeptable i) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lets that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Section 18.44.090.H "Deuiztiom for Property A aess Standards"states that the City Engineer may relax the speciW access standards if shozen that a num e�aent design can be aamplished wixhaut jeopardizing the public's health, safety anal welfare Planninng and Engineering Staff do not support the relaxation of the 150 foot requirermnt bemuse it has been demur iired that it is not an applicable relaxation for single household lots. The E r nog Tvpartment and the DebYgc ,irrnt Reziew Comrrattee were not in support cf rdlaxIT all cf the access distances on Oak Strut bwause adequate spacing could be maintained with a slight adjustment to the plans. Relaxation cfacidwa strut standards was requested in the applicant's subrruxtal The rermining item, not liste� were appmzed by the City E ngineer ZONING DESIGNATION &LAND USES The subject property is zoned "R 3," Residential Medium Density District. The intent of the "R-3" 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. The following land uses and zoning are adjacent to the subject property: North: Currently vacant but will be developed with duplex to five-plex building configurations on townhouse lots in Baxter Square Subdivision PUD, zoned "R 3" (Residential Medium Density District)and single-household residences in the County, zoned "A--S" (Agricultural Suburban District). South: Single-household residences in Harvest Creek, zoned "R-1" (Residential Low Density District) East: Single Household Residences and agricultural uses, zoned "R 3" (Residential Medium Density District) and agricultural uses in the County zoned "A S" (Agricultural Suburban District). West: Currently vacant but will be developed with single-household residences in Baxter Meadows Subdivision PUD, zoned "R-3" (Residential Medium Density District) and the Regional Park on property zoned "PLI" (Public Lands and Institutions). #Z-04050 West Winds CUP/PUD Staff Report 4 i � ADOPTED GROWTH POLICY DESIGNATION The property is designated Residential. The Residential land use designation denotes areas where the primary activity is urban density living quarters. Medium density areas should have an average minimum density of twelve units per net acre. REVIEW CRITERIA& FINDINGS The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following summary review comments below. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC), Design Review Board (DRB), Wetlands Review Board (WRB),Bicycle Advisory Board (BABAB) and Recreation &Parks Advisory Board (RPAB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title, the City Commission shall consider the following: 1. Conformance to and consistency with the Cit-/s adopted growth policy The development proposal is in conformance with the "Residential' land use classification in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design- Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling and mass transit use. Overall the subdivision design is compatible and properly integrated with the existing neighborhood. The path noted in the watercourse setback/parkland is a transportation corridor required in the Transportation Plan. The multi-use path starts at the Bozeman pond, next to the mall, and eventually connects to Valley Center Road via trail connections through Babcock Meadows, Harvest Creek and Cattail Creek Subdivisions. One of the objectives of this goal is to provide for a "mix of housing types,sizes and styles to encourage a wide variety of housing within each neighborhood." The proposal is for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities. Although the plan implements a need for a variety of housing types it does not generally fulfill the need for the mix of types and styles. The areas for each housing type are well defined by street and block Even the 10% net acres of Restricted Size Lots are restricted to one comer of the development. The property owner has suggested in his submittal that the buildings on the external streets will provide additional character and detail to avoid presenting the backside of a building. Staff has recommended a condition of approval that would further #Z-04050 West Winds CUP/PUD Staff Report 5 require the covenants and design guidelines to outline the requirements for not only the building design but also language regarding "rear" fence design and the placement of sidewalk connections to the arterial streets. • Goal 4.9.2 Neighborhood Design- New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, and have a commercial center and defined boundaries. The original light plan submitted for the subdivision lighting did not meet the minimum standards outlined in the U.D.O. On April 7, 2004 a new light plan was submitted and appears to meet the lighting criteria for placement distances. The plan will allow for adequate lighting of the streets and street intersections. The private community center situated in the middle of the subdivision is proposed to offer a neighborhood focal point in the subdivision and provide for local identity and social interaction. The West Winds Neighborhood Center Would provide a place for resident functions and will serve as a proposed site for a future transit stop. The 2020 Plan states "medium density areas should have an average minimum density of twelve units per net acre." Using the numbers provided by the applicant of 103.20 net acres with 960 units (810 dwelling units + 150 units Within the skilled nursing facility) equals 9 units per acre. Staff estimates that an "R-3" Medium Density District property has a minimum lot size requirement of 3,000 square feet per dwelling unit. Therefore, the property has a maximum density allowance of 953 dwelling units plus the 150 skilled nursing units equals 1,103 total units. This would equate to 10 units per acre. However, if the subdivider provided the additional 11.68 acres of parkland, as estimated by the potential density of the subdivision (1,103 units),then the net density would be 12 units per acre. The PUD proposal has the potential for providing "a wide variety of open lands" with a park, potential playing fields and natural areas. The landscape plan submitted depicts landscaping for the boulevards, the park and the open space. The required watercourse setback plantings are currently noted within proposed soccer fields. The final landscape plan will need to provide the appropriate locations for the landscaping dependent on the City Commission's findings in regards to the requested relaxations. • Goal 5.7.1 Housing- Promote an adequate supply of safe housing: that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. v A diversity of housing is proposed within 1 to 2 miles of the commercial area on 19`s Avenue and the future commercial center to the northwest of the property, in Baxter Meadows. A neighborhood service center is also noted in the 2020 Plan as being located southwest of the subject property, across Oak Street in Hariest Creek One of the principles of a Planned Unit Development is to improve the design, quality and character of new developments while protecting existing neighborhoods from incompatible developments. #Z-04050 West Winds CUP/PUD Staff Report 6 • Goal 6.6.4 Natural Environment and Aesthetics- Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural fuctions and beauty which are a fundamental element of Bozeman's character. Objective 1 requires protection of "important wildlife habitats, and natural areas which provide for beneficial functions, such as floodplains." The intent of the 50 foot watercourse setback is to protect the natural environment.including the existing wildlife. The Wetlands Review Board was of the opinion that a lesser setback would not be adequate to buffer the stream and would not support the existing wildlife. • Goal 8.14.1 Protect the public health, safety and welfare of Bozeman area residents, and protect private and public property. There are approximately 1.94 acres of jurisdiction wetland associated with Cattail Creek The property owner's wetland consultant is working on the necessary permitting for filling the east lateral ditch where all the water from the creek has historically been diverted to service the agricultural uses. Although the creek is currently dry, we have been plagued by several tough drought years. The Wetland Consultant's plan is to redirect the water from the ditch back to the creek and to direct storm water to the creek in order to reestablish the watercourse and the wetlands. The stream setback is supposed to be taken from the high water mark of the stream or 50 feet from any associated wetland. The plans for Phase lA currently depicts 4 lots within this setback The depth of the ground water is also an issue with this property. Boreholes and monitoring wells were drilled throughout the property as indicated in Figure 1, Appendix G of the applicant's submittal. Depth to groundwater was measured in different locations on the property on April 9, 2003, July 1, 2003 and February 4, 2004. The depth to groundwater was between 1.7 feet and 10.4 feet from the surface. As discussed in the report the fluctuations of groundwater depth are also .due to the season, irrigation and land use. Staff has recommended a condition of approval with the subdivision plat requiring a plat note identifying the possible restrictions for basements. The Building Department has indicated that a soils report for each lot will be required to identify the soil restrictions and basement allowance for each building permit. It is also possible for the applicant to provide a geotechnical report for each phase utilizing the worst case scenario lot as the general guideline. • Goal 8.14.2 Identify, protect and enhance natural resources within the planning area and important ecological functions these resources provide. Objective 1 states "retain and enhance the benefits wetlands provide such as groundwater and stream recharge, fish and wildlife habitat, flood control, sediment control, erosion control and water quality." There is a 0.07 acre isolated wetland located in the middle of the proposed senior living area. The Corps did take jurisdiction over the isolated wetland but did take jurisdiction over the creek and its associated wetlands. The Wetlands Review Board was created to review the isolated #Z-04050 West Winds'CUP/PUD Staff Report 7 i wetlands that generally fall through the cracks. Based on this the Board reviewed the wetland mitigation plan and subsequently recommended the vegetation in the isolated wetland be moved to the jurisdictional wetland. Objective 3 states "protect riparian corridors to provide wildlife habitat and movement areas, and to buffer water bodies." The Wetland Review Board did not support the watercourse setback relaxation for the creek and jurisdictional wetlands because of the resulting loss of habitat. • Goal 8.14.3 Ensure good environmental quality of water resources, air, and soils within the planning area. Objective 2 states "protect, restore and enhance riparian corridors to protect the chemical, biological and physical quality of water resources." The: purpose of the stream setback is to protect water quality by filtering pollutants from storm water, provide flood control, minimize stream bank erosion, mitigate stream warming, provide room for lateral movement of the stream channel and protect wildlife habitat. The aty's responsibilities for storm water quality control have been substantially increased by recent federal and state actions. We rnust now obtain permits for storm water discharges and the City can be fined if we do not meet the terms of our permit. The TMDL's currently being developed for our discharging waters may conceivably(but not known for certain at this time) cap total discharges of pollutants which could negatively affect our ability to expand the wastewater plant if all the pollutant loads are being contributed by storm water discharges. The City is currently expending over $200,000 in the development of a storm water master plan to help us address the new responsibilities. These obligations and Cxpenses will be on-going. The Gt-/s efforts in developing the watercourse setbacks were directly influenced by those new storm water responsibilities. • Goal 9.9 Parks & Recreation- Provide for accessible, desirable and maintained public parks, active and passive open spaces, trails systems and recreational facilities for residents of the community. Section 9.1.6 "Parkland Acquisition" in the 2020 Plan states that "parkland dedication in subdivisions should only be accepted when the land is well located, is needed for the overall park and recreation program and is physically suited for park and recreation use." The text further states "an important factor to consider when approving parkland dedication is the lack of usable active recreation park areas." The Recreation & Parks Advisory Board and the Parks Department do not agree that the parkland as depicted is an active recreational space. There is landscaping noted in what is supposed to be soccer fields. Instead, watercourse setbacks are supposed to be planted with native species not turf grass. The park is also designed with the existing sewer main running through the middle of the park from north to south with a manhole located on the edge of one of the soccer fields. This could potentially impact the usability of the area. The 2020 Plan sets the minimum requirements for parkland as provided by the National Recreation and Park Association. The state of Montana defines the #Z-04050 West Winds CUP/PUD Staff Report 8 maximum parkland dedication allowable at 0.03 acres per unit. City regulations are more specific than the state's regulations. The Unified Development Ordinance requires 0.03 acres of parkland per dwelling unit unless the density of the lots is unknown. Planning Staff, Parks Department, Recreation &Parks Advisory Board, Development Review Committee and the Design Review Board all agreed that the density of the project has been established in the submittal. This is, consistent with the City's review of all other subdivisions. It would not be fair and equitable for the City to allow the reduction of parkland to one developer when it has been consistently required of other property owners under similar circumstances. • Goal 10.8.3 Encourage transportation options that reduce resource consumption, increase social interactions, support safe neighborhoods and increase the ability of the existing transportation facilities to accommodate a growing city. The incorporation of the multi-use path running north to south through the property, a bike lane along Tschache Lane and the installation of Transit stops meets this requirement. • Goal 10.8.4 Pathways- Establish and maintain an integrated system of transportation and recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green belts and open space. The north to south trail in the park is part of a transportation network from Main Street to Valley Center Road. The 2020 Plan also notes an east to west trail that would run through the middle of the subject property. The trail connection is currently noted on the plans as a bike lane along Tschache Lane. The Parks Department has requested that the trail connection be installed to connect Rose Park with the Regional Park In order to meet this condition the bike lane on Tschache Lane could be directed through the West Winds park and connect to Winter Park Street that would align with the location of the Regional Park Adequate signage would be needed to guide people through the West Winds park r Additionally the BABAB recommends that both a bike lane and bike path be constructed on Oak Street. Oak Street is being constructed to carry between 10,000 and 35,000 vehicles per day. The Board feels it is safer to provide a buffered path on arterial streets. Given the option the Board would rather have the path than the bike lane but the preference in this instance is for both. 2. Conformance to this title, including the cessation of any current violations • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a quadified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. #Z-04050 West Winds CUP/PUD Staff Report 9 • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27`h Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan,which calls for a Bike Lane for the entire extent of Baxter Lane. • Davis/Fowler Lane (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan,which calls for a Bike Lane for the entire extent of Davis Lane. • North 27`h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`h once it is compLted. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to thee south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R 3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit #Z-04050 West Winds CUP/PUD Staff Report 10 application,whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs perrnitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and th P � � e Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the Gty Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids,silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. #Z-04050 West Winds CUP/PUD Staff Report 11 i • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. • In locations where Baxter Lane and Fowler Avenue aka Davis Lane)) are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the GwaterBazermnA?w TramportationPlary 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared #Z-04050 West Winds CUP/PUD Staff Report 12 and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Pcst-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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) residential lots that front on Buckrake Avenue and Hunter's Way near Baxter Lane and Oak Street; (2) the location of Co':)blestone Court from Oak Street; (3) the location of Spring View Court from Fowler Avenue (aka Davis Lane); and (4) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue (aka Davis Lane), the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue (aka Davis Lane) and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed pro)ect and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land,his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the proFerty owner prior #Z-04050 West Winds CUP/PUD Staff Report 13 to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land,successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and nominal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 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. The following code provisions must be addressed prior to Final Site Plan approval: 3. Conformance with all other applicable laws, ordinances, and regulations The applicant is required to provide copies of all applicable permits, in regards to storm water, wetlands and stream requirements, with the Final Plat submittal. 4. Relationship of site plan elements to conditions both on and off the property Construction of the trail corridor along Cattail Creek will be continued through the subject property. The Design Review Board noted the lack of rhythm of the subdivision with regard to the lot layout, especially the lots backing up to the stream corridor. The lots on the east side of Hunters Way lack harmony with the grid pattern on the west side of the street. The Board recommended that some of the lots be removed along Hunter's Way and additional open space corridors added to better integrate the lots with the adjacent grid pattern. During the initial review of the Concept Plan the Planning Staff had commented on the need for buildings to be oriented to face the external arterial and collector streets. Unfortunately, access will not be permitted on the external streets. Th developer has proposed an agreeable alternative. The affected buildings will have additional architectural requirements to essentially provide a building with two fronts. Page 3-4 cf the applicant's submittal proposes to incorporate small porches and meandering concrete sidewalks to connect to the boulevard sidewalk The section further states that no rear fences will be permitted on these lots. For the sake of functionality Planning Staff recommends that the possibility of a 4 foot fence remain an option. Instead we would prefer to see a coordinated fence detail or theme for the subdivision. The recommended condition of approval would require the covenants and the design guidelines to reflect the building design and fencing issue. #Z-04050 West Winds CUP/PUD Staff Report 14 The development of the subject property will also provide the extension of 27`h Avenue, Oak Street and eventually Davis Lane. Buckrake Avenue and Hunters Way will be extended from Harvest Creek Subdivision and Tschache Lane will eventually connect to 19`h Avenue. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The applicant's traffic study projects 5,454 average daily trip ends with the full build out of the subdivision. Intersections must be designed to provide a Level of Service of at least a C but in no case shall a Level of Service D be accepted. Table 4, page 30 of the traffic study indicates an acceptable Level of Service before development and at full build out for the 19`h Avenue and Tschache Lane and the 19`h Avenue and Baxter Lane intersections. The study indicates a current Level of Service E at the intersection of Durston Road and 19`h Avenue. The Engineering Department will require additional information prior to commencement of Phase 1. No access will be allowed from individual lots onto the external streets. Building permits will be reviewed for parking compliance for single-household to four-plea buildings. Parking will be evaluated for buildings providing more than four units and lots that develop with more than one building per lot during site plan review. 6. Pedestrian and vehicular ingress and egress The submittal provides details for the street sections in Appendix I. Typical street and sidewalk details will need to be provided with the Final Site Plan. The street sections provided in the submittal do not match city standards. A bike path is required on the north side of Oak Street as an extension of tie existing multi- use path system along the east portions of Oak Street. The Board would prefer a bike land and a bike path on Oak Street. Bike lanes are required on 27`h Avenue, Baxter Lane and Davis Lane. Tschache Lane is a local street that will be extended through he middle of the subdivision and is noted in the submittal as a 40 foot local street within 65 feet of right of way. The detail suggests a 5 foot wide bike lane. In addition, the Bicycle Advisory Board has recommended a condition of approval requiring Hunters Way to be signed as a bike route. The trail within the stream corridor will provide an alternative means of access to the subdivision. The trail will need to be constructed to a Gass II standard. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular i use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation The subdivider is responsible for installing irrigation and street trees in the boulevards of the external streets. The landscape plan indicates a variety of trees being used like Green Ash, Bur Oak and American Elm The watercourse setback must be landscaped per Section 18.42.100. Typically the watercourse setback would be planted as follows: #Z-04050 West Winds CUP/PUD Staff Report 15 Zone 1: • 0-9 feet from high water mark with native riparian sedges, forbs and grasses • 9-30 feet from high water mark with native trees spaced 25 to 35 feet apart and shrubs 5 to 15 feet apart Zone 2: • 30-50 feet from high water mark with new or existing native grasses Comparatively, a 15 foot watercourse setback would provide plantings as follows: Zone 1: • 0-2.7 feet from high water mark with native riparian sedges, forbs and grasses • 2.7-9 feet from high water mark with native trees spaced 25 to 35 feet apart and shrubs 5 to 15 feet apart Zone 2: • 9-15 feet from high water mark with new or existing native grasses The applicant did not request a relaxation from the watercourse planting requirements. The landscaping plan does not currently meet the watercourse setback planting standards. Despite the width of the setback it will need to be planted as outlined. The landscape plan also depicts numerous tree and shrub plantings within the designated soccer field area. The Park Plan will need to include a landscape plan. The plan should indicate the area free of trees and shrubs if it is in fact Master Planned with soccer fields. 8. Open space The Vilest Winds plan notes a buffer area around the entire subdivision to buffer the homes from the arterial and collector streets. The buffer areas are anywhere from 20 to 100 feet in width. The watercourse setback is generally identified as open space and utilized to meet the open space requirements of the Planned Unit Development. The watercourse setback is not generally permitted to count towards the parkland dedication for the reasons discussed at the beginning of the staff report. Instead the developer has requested that the watercourse setback width be relaxed as well as counted towards the parkland dedication requirements. 9. Building location and height Maximum building height in the "R 3" zoning district: • 32 feet for a roof pitch less than 3:12 • 38 feet for a roof pitch between 3:12 and 6:12 • 40 feet for a roof pitch between 6:12 and 9:12 • 42 feet for a roof pitch greater than 9:12 I #Z-04050 West Winds CUP/PUD Staff Report 16 I 10. Setbacks Minimum yard setbacks in the "R 3" zoning district: • 15 or 20 foot front yard setback (20 feet for the garage and 15 feet for the remainder of the house) • 20 foot rear yard • 5 foot side yard The 50 foot watercourse setback is measured from the edge of the high water mark of the stream or the edge of the associated wetland or whichever is greater. Planning Staff affirms that the four lots adjacent to the watercourse in Phase 1A are within the 50 foot setback of the wetlands. The Unified Development Ordinance does not prohibit lots within the setback but it does prohibit structures within the watercourse setback This is the reason Planning Staff does not support lots platted within the setback It only leads to future conflicts with home owners and enforcement problems when people want to build fences or detached storage buildings on their property. Allowing lots to be platted within the watercourse setback essentially puts the burden on the home owner rather than the developer. 11. Lighting The original street lighting plan did not meet the standards outlined in Section 18.42.150. Based on Staff comments the plan was revised and submitted on April 8, 2004. The submittal depicts standard site lighting for the street intersections. This type of light is permissible as a street light. However, a bollard style light is more appropriate for pathway intersections. Planning Staff would like to see a standardized bollard for the City's trail system preferably something that would be identifiable anywhere on the City's trail system. The bollard light detail will be provided to the applicant once the specifications have been agreed to by the City. 12. Provisions for utilities, including efficient public services and facilities There is an existing sewer main that runs north to south through the property. The park has been designed over the main with a manhole noted within the dedicated parkland. The Water&Sewer Department will allow the manhole to be constructed within the park as long as permanent access is constructed to the manhole. This will require an access to be installed from Buckrake Avenue and for a 10 foot natural fines path to be installed to the far edge of the manhole. The Parks Department is agreeable to the manhole remaining within the park as long as it does not interfere with the location of the soccer fields. There is an existing 10" and 12" water main and a 20" sewer main in Oak Street, 24" sewer main in Baxter Lane, 10" water main in 27`h Avenue and a 12" water main in Davis Lane. All of these utilities will be extended from the current locations to service the subdivision. The Water Plan is depicted in Figure 6.1 and the Sewer Plan in Figure 6.2 of the applicant's submittal. #Z-04050 West Winds CUP/PUD Staff Report 17 13. Site surface drainage Figure 6.3 of the applicant's submittal identifies the location of the storm water ponds and catch basins for the subdivision. The ponds noted within the park cannot be calculated to meet the parkland dedication requirements. The Unified Development Ordinance limits storm water facilities to less than 1/3 of the area of the required front yard. The ponds are a utility function that detracts from the streetscape. Aspen Meadows on Oak Street and Ferguson Meadows on Durston Road are good examples of how storm water ponds detract from the overall aesthetics of the subdivision. This project is being reviewed as a Planned Unit Development and is supposed provide a project that exceeds the Caty's standards. Therefore, Planning Staff recommends that not more than 1/3 of the yard area adjacent to the external streets be used for storm water ponds. The ponds should also be designed with a more organic shape. The ponds should be incorporated as a design feature with the appropriate vegetation. Per the U.D.O., storm water cannot be discharged into an active irrigation facility. However, a watercourse setback, aside from the numerous benefits previously outlined, is intended for nutrient and pollution removal from storm water runoff. The pollutants are supposed to be filtered from the aqueous solution as it passes through the soil profile. An inadequate setback will lead to major impacts to the City's ability to regulate storm water quality. This also has potential implications on the cost borne by the City to provide adequate storm water facilities in order to comply with new storm water quality regulations. 14. Loading and unloading areas Not applicable. 15. Grading The applicant's response indicates that the site is relatively flat with a consistent slope of 1.2% to the North. The ditch and the creek provide the only variation in grade. As a result only typical grading associated with infrastructure installation will be necessary with two exceptions. One, the 0.07 acre isolated wetland located in the senior living area will be filled. Two, the east lateral,which has been reclassified from a stream to a ditch,will be filled. 16. Signage The applicant's submittal refers to subdivision Signage but no details were provided. A Comprehensive Sign Plan that identifies size, lighting, materials and colors must be submitted with the Final Site Plan. Once the signs have been reviewed and approved then the subdivider may apply for a sign permit. 17. Screening Screening is generally recommended between uses of different character or residential uses with different densities. No screening has been recommended with the Planned Unit Development. Planning Staff will evaluate the need for screening during site plan review for the larger building complexes. #Z-04050 West Winds CUP/PUD Staff Report 18 18. Overlay district provisions Not applicable 19. Other related matters, including relevant comment from affected parties A letter from Linda Stansbury, 710 Hunters Way was submitted on May 4, 2004. She is concerned with the possible cut-through traffic that will occur on Hunters Way. Ms. Stansbury suggests offsetting the road at the Oak Street intersection. Offset of the road is not an option because the offset distances of all of the connecting streets would be impacted. The condition of approval requires the applicant to look into traffic calming devices that can be incorporated into the road design. These details will be reviewed during the appropriate subdivision phase. 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. a. 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; b. 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. Section 18 34 100 "City Commission Consideration and Findings for Canditional Use Permits." In addition to the review criteria outlined above,the Qty Commission shall, in approving a conditional use permit,find 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 subject property is 161.30 gross acres. After netting out 12.53 acres for the perimeter roads and 30.34 acres for the internal road configuration there is 118.43 acres still remaining. Based on the density provided in all of the reports and the potential densities obtainable in the "R 3" Medium Density zoning district staff has calculated a parkland requirement of 26.26 acres (compared to 31.08 acres required by Planning Staff during Pre-Application review in October MOT— An average 5,000 square foot single-household residence has a minimum of 2,200 square feet of yard area (open space) per unit. Apartment buildings are required to provide 150 square feet of open space per dwelling unit with the assumption that adequate parkland was dedicated with the - ' subdivision that created the residential lot in the first place. Given this example, an average apartment dwelling would have less than 7% of the yard space. Yet, based on the applicant's #Z-04050 West Winds CUP/PUD Staff Report 19 argument for the 11% dedication factor this same apartment dwelling would only generate the requirement for 0.008 acres of parkland versus 0.030 acres for every single household residence. The property owner argues that the open space and parkland requirements are cost prohibitive. Open space and parkland are amenities that are coveted by most home owners. Besides, parkland should never be an afterthought or the undevelopable leftovers. 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. Within the "R-3" Medium Density District single-household to four-plex buildings and five unit townhouse (side by side) buildings are a permitted use. Apartments and senior assisted living/elderly care facilities are a conditional use in the zoning district. The Unified Development Ordinance defines apartment buildings as having five or more dwelling units in a top and bottom configuration. Allowing apartment buildings does not change the density of the district. Each lot shall be required to provide a minimum of 3,000 square feet of area for each proposed multi-household unit. 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: i a. Regulation of use Staff has recommended a condition of approval to require all lots to be f platted outside of the watercourse and wetland setback to protect private property. b. Special yards,spaces and buffers No special yards are required. However,Planning Staff,the Development Review Committee, the Design Review Board, the Wetlands Review Board and the Recreation & Parks Advisory Board do not support the relaxation to the watercourse setback and the allowance to double count the required watercourse setback to meet the dedicated parkland requirements. c. Special fences, solid fences and walls The developer has suggested no fences for the lots that back onto 27`h Avenue, Oak Street, Davis Lane and Baxter Lane. Planning Staff feels the allowance for a 4 foot fence should be incorporated into the covenants. d. Surfacing of parking areas A soccer park generates a significant parking requirement. The developer will provide the necessary parking for the Neighborhood Center. The preliminary plan depicts an excess of parking which can be used for the park use. However, the parking will need to be evaluated further during site plan review. Planning Staff recommends a condition of approval to remove some of the lots backing up to the park in order to provide adequate parking in front of the park rather than in front of the residences. e. Requiring street,service road or alley dedications and improvements or appropriate Bonds All public streets will be dedicated and improved with the appropriate phase. If concurrent construction is approved by the City Commission then the infrastructure must be financially guaranteed according to the provisions outlined in the Unified. Development Ordinance. #Z-04050 West Winds CUP/PUD Staff Report 20 f. Regulation of points of vehicular ingress and egress A "No Access" easement has been recommended on all four external streets of the subdivision in order to maintain the access separation distances for arterial and collector streets. g. Regulation of signs One low profile sign per development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5 feet in height. A Comprehensive Sign Plan must be submitted with the Final Site Plan that depicts a coordinated sign theme for all of the signs in the subdivision and shall include details describing materials, color, illumination and size. h. Requiring maintenance of the grounds The standard recommendation from the Parks Department is the requirement for the Home Owners Association to be responsible for maintenance of the park until such time an SID is created for a City-wide Parks Maintenance District. Furthermore, the Home Owners Association will be required to maintain the open space, including the watercourse setback, in perpetuity. These requirements must be identified in the covenants for the subdivision. i. Regulation of noise, vibrations and odors Bozeman Municipal Code requires property owners to keep trash in an appropriate receptacle. This includes construction debris. J. Regulation of hours for certain activities Regulation of construction noise shall be consistent with Bozeman Municipal Code. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval and the Final Plat within 3 years of approval. Certain items must be reviewed and approved prior to the issuance of building permits in order to comply with the concurrent construction ordinance. 1. Duration of use Affordable housing units constructed to meet the PUD points must be under a 20 year minimum contractual obligation. The Restricted Size Lots have a sunset clause of 5 years from the adoption of the UDO unless amended by the City Commission. m. Requiring the dedication of access rights Right of way easements for Oak Street, 27' Avenue,Davis Lane and Baxter Lane were provided with the annexation. The rights of way must be dedicated with the subdivision. All public streets including the local streets will be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner The Design Review Board has recommended a condition of approval requiring review and approval of the Final Site Plan submittal. The Board wants to ensure that the intent of the Planned Unit Development process is upheld. Section.18.36.090 "Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unite development, find favorably as follows: #Z-04050 West Winds CUP/PUD Staff Report 21 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? The subdivision complies with the standards for water supply, trails and bike ways, sanitary supply, irrigation, fire protection, electricity, flood hazard, natural gas, telephone and cable television. Planning Staff does not feel that storm drainage and street standards have been adequately addressed. Storm drainage quality will remain an issue unless the watercourse and wetland setbacks are met. The street standards submitted do not meet the standards identified in the Transportation Plan. The standards will need to be redrawn for the Final Site Plan. Plans &Specifications will must be reviewed and approved for Phase 1 prior to installation. The 2020 Plan and the Transportation Plan call for a boulevard trail on Oak Street. The standard 10 foot wide trail should be provided. If approved, the asphalt trail would eventually connect to the asphalt trail on 19`h Avenue. Otherwise, if a typical sidewalk is constructed on Oak Street then there will be a mismatch of paving at the i 9`h Avenue and Oak Street intersection. The BABAB feels paving must be consistent to provide safe, identifiable public transportation systems. 2. Does the project preserve or replace existing natural vegetation? The applicant proposes to fill the 0.07 acre isolated wetland. The Wetlands Review Board recommends that the existing vegetation be'planted within the watercourse setback as reasonably feasible. The Wetlands Review Board acknowledged that some of the existing vegetation may not be in the best condition. 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? The landscaping, as depicted, is not functional in a soccer park The Landscape Plan will need to be revised and resubmitted with the Final Site Plan for review and approval by the Design Review Board. #Z-04050 West Winds CUP/PUD Staff Report 22 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 development incorporates trails and multi-use paths as an alternative means of transportation. Both trails proposed are designated transportation corridors in the Transportation Plan and the 2020 Plan. The north to south and east to west trails connect the park systems as well as connect the residential areas to the centers of employment (Oak Street/19`h Avenue and Valley Center/ 19`h Avenue). The incorporation of a transit stop at the community center may help reduce energy use once a mass transit system is provided in the City. 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 Planning Staff does not agree that allowing lots to back onto the park is ideal for privacy of the residents. The West Winds park is supposed to serve as a public park for a large neighborhood and potentially outside of the neighborhood too. The U D.O o�rrL requires 50% of the park perimeter to be adjacent to public rights of way. However, Planning Staff, the Parks Department and the Recreation & Parks Advisory Board advccate more street frontage in order to provide adequate park access but also to eliminate the creeping of private property into the public park 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 '18.50.020, BMC? On October 1, 2003 the Concept Plan for the Planned Unit Development was submitted for 1,036 units �, , PP7 PPA ` F (Table 2, Page 8 of the Concept Plan Submittal). Stafft-- indicated in a memo, provided to the applicant and [ �5 property owner on October 14, 2003, that based on ei; the densities suggested and the R 3 zoning that 31.08 acres of parkland would be required. The K;' �' ta memo further stated that 44.69 acres 30% of the 6 gross) required as open space to meet the g ) would be re q P P �_J� PUD criteria. Staff also stated that the 50-foot stream setback could not be calculated as parkland but that the wetlands could be calculated towards the parkland requirement if approved by the City Commission. It was then suggested in that cash-in-lieu of parkland may be supportable given the proximity to Rose Park and the Regional Park Nowhere is the memo is it contemplated that an 11% factor could be used to calculate tfie arkland. The on gfinal ro osal has mutiPTe oket arswg e Bad into one park On November 24, 2003 the City Commission indicated support of Staff's comments. At the time, the Recreation &Parks Advisory Board felt the park required a full #Z-04050 West Winds CUP/PUD Staff Report 23 0 redesign and were therefore reluctant to comment on the proposed design other than to point out its inadequacies. Then on January 20, 2004 the revised plans were submitted to address the numerous concerns with the first plan. Staff reiterated that all of the Gigs maps indicated there was two forks of a watercourse on the property and both would be required to have a 50 foot setback unless the Conservation District reclassified the streams as ditches. Again, it was stated that the watercourse setback could not be counted towards the parkland requirement. Once again, the plans depicted parkland at a rate of 0.03 acres for the single-household and townhouse lots but 11% for the multi-family lots. Staff told the applicant that the 11% factor would only be used if the densities of the lots were unknown but that , �--� the densities were known for these lots. The applicant T�I `. . j��- and the property owner scheduled a fdllow up meeting _. � with the Recreation & Parks Advisory Board, A . R " unbeknownst to the Planning Department. i ''`' s ;'� Unfortunately, at this meeting there were only two of the s�o.L4C ANEA Board Members resent and the later indicated that the - y � , :; did not feel that the applicant gave an accurate depiction Ili i' ft of the parkland requirements. They were also told by the 'i` ;•'tl- Jio applicant that the stream was a ditch and that no watercourse setback was required. This was completely j • - :.r. - "� contrary to the information provided by Planning Staff. The Preliminary Plan was submitted on March 5,2004 with almost the same exact design as the previous C � � submittal. At the initial DRC meeting Planning Staff , - a r. questioned the parkland allocation and the open space XL delineation. On March 27, 2004,prior to second week < ' DRC, after a thorough review of the proposal, the t t applicant and property owner were notified of the , ,,• significant parkland and open space discrepancies. At _J . tee-9e 4� �r F-1 1,9r, gP P P P o «�R•the time Plannin Staff calculated a roximatel 30g PP Y , , t acres of parkland. After lengthy discussions ther Planning Director agreed to allow the 150 skilled nursing facility units to be deducted from the parkland ! dedication since these were not typical dwelling units - � ` r - ',d a However, it should also be noted that Montana State Statute does not differentiate between dwelling units and units. So, one could still argue that the 150 skilled nursing facility units would generate required parkland. After those initial discussions the applicant and property owner chose to expand their requested relaxations to include the relaxation to the parkland calculation, a relaxation to the watercourse setback and to allow the watercourse to be double counted to meet the setback and parkland requirements. Additionally, on April 15, 2004 the Conservation District granted a request for the reclassification of the east lateral. The west lateral is still classified as a stream and is part of the Cattail Creek watercourse. #Z-04050 West Winds CUP/PUD Staff Report 24 7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn thirty points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. Originally, the applicant identified open space and excess parkland as fulfilling the points requirements. Since staff determined there was no excess parkland but in fact a parkland deficit they reassessed their point allocation. The revised point schedule, submitted on April 8, 2004 suggests that all 20 of the performance points will be met with a 114 unit Section 42 affordable housing project on lots E-MF-1 and S-4. Although, based on the lot size requirements only 107 dwelling units could be provided on the designated lots without a Zone Map Amendment. Even at 107 constructed units the proposal will still meet the 20 point minimum. 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 subdivision will be appropriately integrated into the city with the additional articulation to the rear fagade to present a second front to the external street system. By presenting the rear of a structure to the arterial and collector streets lot owners would ignore the boulevard and streetscape. It is Planning Staff's view that this in turn leads to isolation form the rest of the community. The Design Review Board has recommended an additional condition requiring elaborated architectural guidelines with streetscape and entry details to create a defined sense of entry into a Planned Unit Development. 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. 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 Bozeman growth policy? As previously discussed the proposal does not meet the minimum densities for a Medium Density District. The recommended density is 12 dwelling units per acre. The current #Z-04050 West Winds CUP/PUD Staff Report 25 r proposal accounts for 10 dwelling units per acre. The proposal would meet the minimum if the required parkland dedication was met. 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? The development guidelines did not include information relating to the design guidelines for the residential structures. The Design Review Board requested that additional architectural guidelines be included in the Final Site Plan. 3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? As previously stated, Planning Staff and other review boards did not feel that the parkland dedication would be adequate to meet the active and passive recreation requirements for a development of this size. 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? The applicant is not proposing a density bonus. 5. Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? The Engineering Department has evaluated the water and sewer plans. The proposed location of the infrastructure appears to provide the most efficient public services and facilities. 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 Chapter 18.16, BMC, 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 Not applicable. 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 Limited commercial is not currently being proposed with the PUD. The limited commercial would require a zone change and potentially a master plan amendment as :effected in PUD requirements. #Z-04050 West Winds CUP/PUD Staff Report 26 • 8. Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The neighboring City subdivisions include Harvest Creek, Baxter Meadows and Baxter Square. The proposal will be relatively well integrated with the neighboring subdivisions. RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 1. A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park 2. Trail crossings shall be located at the nearest cross street. 3. Oak Street (from Fowler Avenue to N. 27`h Avenue) shall include oth a Bike Lane and a Bike Path (shared-use path) for both sides of the road. The Bike Path (share -use path) will be in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Path (shared-use path) for the entire extent of Oak The Board also recommends installing a Bike Lane on Oak to provide connectivity to other planned Bicycle Facilities in the area. Since Bike Lanes and Bike Paths serve two different user groups (commuters vs. school children), the Board feels it is important to provide safe and adequate facilities for both user levels in this area. 4. Hunters Way(from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 5. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 6. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan,whichever comes first. 7. The Final Site Plan, including a Final Park Plan, shall be reviewed and approved by the Design Review Board. 8. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 9. A building configuration plan shall be submitted for townhouse lots with subsecuent subdivision phases. 10. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. p , -za sskI connec onn o eac ction=of-fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27`h Avenue and Davis Lane. #Z-04050 West Winds CUP/PUD Staff Report 27 11. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 12. The storm water detention ponds shall be designed in a more organic form and lancscaped as a water feature with 6" river rock and wet root tolerant plant types. 13. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. 14. No lots shall be platted within the watercourse and wetland setback 15. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 16. Half of the lots backing onto the park especially those fronting Hunters Way shall be moved to allow for accessibility to the park 17. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27`h Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue (aka Davis Lane). c. Signalization of the intersection of Baxter Lane and North 27`' Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue (aka Davis Lane). e. Fowler Avenue (aka Davis Lane) trunk sewer main improvements. The document filed shall 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. 18. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Hammon Ditch from Harvest Creek), and the limits of flooding identified. If flooding limits encroach onto proposed lots, this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at anytime and without notice. 19. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27`h Avenue and make recommendations for approval. #Z-04050 West Winds CUP/PUD Staff Report 28 20. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development,to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek North 2Th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek Fowler Avenue (aka Davis Lane), along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. Cary standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 21. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue (aka Davis Lane). 22. Parking will not be allowed on W. Oak Street, North 27`h Avenue, Baxter Lane, and Fowler Avenue (aka Davis Lane). CONCLUSION/RECOMMENDATION The DRC, DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. 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. Attachments: Applicant's Submittal Materials with April 2 and 8, 2004 Addendums DRB Staff Report and Minutes Recreation &Park Advisory Board Comments March 26, 2004 and April 13,2004 Gallatin Conservation District Minutes Dated April 15, 2004 Bicycle Advisory Board Memo Dated May 5, 2004 DRC Memo Dated October 28, 2003 (see item# 18-21) GVLT Letter Dated February 11,2004 Letter from Linda Stansbury Report Sent To: Quest West LLC, 3825 Valley Commons Drive, Suite 4,Bozeman,MT 59718 HKM Engineering Inc., 601 Nikles Drive,Suite 2,Bozeman,MT 59715 #Z-04050 West Winds CUP/PUD Staff Report 29 West Winds,Mojor Subdivision Findings of Fact and Order #M4009 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY,MONTANA IN THE MATTER. OF THE APPLICATION OF FINDINGS QUEST WEST, LLC REPRESENTED BY OF FACT HEM ENGINEERING, FOR PRELIMINARY AND ORDER APPROVAL OF WEST WINDS SUBDIVISION. This matter came before the Bozeman City Commission on May 24, 2004, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the City of Bozeman Subdivision Regulations, City of Bozeman Growth Policy,and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission a proposed Preliminary Subdivision Plat for a Major Subdivision of 31.05 acres,as Phase 1A and 1B of the 160.30 acre parcel,into 46 single-household,40 townhouse and 2 multi-household lots and a 129.25 acre remainder as submitted in its original form on March 5, 2004, #P-04009. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment v'ere given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On March 4, 2004, Quest West, LLC, represented by HKM Engineering, submitted an application for approval to create a Major Subdivision of 31.05 acres,as Phase 1A and lE of the 160.30 acre parcel, into 46 single-household, 40 townhouse and 2 multi-household lots and 29-Z5,.-acre-:n 1 West Winds Major Subdivision Findings of Fact and Order #P-04009 remainder. The property is legally described as NW'/4,Section 2,T2S,RSE,City of Bozeman,Gallatin County,Montana. The subject property is zoned "R-3" (Residential Medium Density District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval,which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on April 16, 2004. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning &Community Development Department. The City of Bozeman Planning Board opened the public meeting on April 20, 2004. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence,which justified the imposition of conditions. The Planning Board then opened the public meeting. One developer working with zhe property owner spoke in favor of the proposed subdivision. The Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 7 in favor and 0 in opposition. IV. The application was considered bythe Bozeman City Commission at its regular meeting on May 10,2004,at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. The City Commission voted to defer their decision to May 24,2004. -2- West Winds Major Subdivision Findings of Fact and Order #P-04009 V. PRIMARY REVIEW CRITERIA A. Effects on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and the wildlife habitat, and public health and safety. The property is currently a "highly productive" agricultural field used for hay production. However, the property has been master planned for Residential development. The urban density development will replace the existing agricultural uses. The subdivider must provide assurance that no agricultural water user facilities will be impacted by the abandonment of the . . ditch. The annexation agreement reserved capacity for 960 dwelling units. Municipal water, sewer, roads and emergency services will be provided to the property. Sufficient sewer capacity and traffic impacts will be reviewed further with each phase of the subdivision. The Level of Service will need to be addressed with each Preliminary Plat submittal. The applicant has requested a relaxation to the watercourse setback Approval of the setback relaxation could significantly impact the existing wildlife and wildlife habitat associated with Cattail Creek The 50 foot buffer required with a watercourse is essential for continued support the usual small mammals found in riparian areas. The applicant is aware of the permitting required for discharging storm water into a stream and will be required to obtain the necessary permits. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdi-,zsion and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided forin Part of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance unless granted a relaxation through the Planned Unit Development process. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: -3- West Winds Major Subdivision Findings of Fact and Order #P-04009 • The Restricted Size Lots shall be noted on the Final Plat. • As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. • Prior to final plat approval,a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of countydeclared noxious weeds and a copy provided to the Plarv-ring Department. • If approved for Concurrent Construction the propertyowner shall complywith items 1- 12 of Section 18.74.030.D. • Conditional approval of the preliminary plat shall be in force for not more than three calendar years,as provided by state statute. Prior to that expiration date,the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. • If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing.the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements,the developer shall supplythe Cityof Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. • The final plat shall conform to all requirements of the Unified Development Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by required documents, including certification from the City Engineer that as-built drawings for public improvements were received,a platting certificate,and all required certificates. The final plat application shall include four(4) signed reproducible copies on a stable base polyester film(or equivalent);two(2) digital copies on a double-sided, high density 3/2-inch floppy disk or compact disk, and five (5) paper prints. • Storm Water Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids,silt, oils,grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has -4- • West Winds Major Subdivision Findings of Fact and Order #P-04009 been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • Storrnwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written permission of the ditch owner. • The Developer's engineer has provided a comprehensive Design Report evaluating existing capacityof water and sewerutilities forthe entire West Winds P.U.D...Detailed review and approval of the Design Report will be required as pan of the infrastructure plan and specification review and approval process. • The location of and distinction between existing and proposed sewer and vrater mains and all easements shall be clearlyand accurately depicted on the plans and specs,as well as all nearby fire hydrants and proposed fire hydrants. • Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mans wifl be determined once the final street widths are approved,in no case shall the utility be less than 10 feet from the edge of the easement All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets,a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. • Plans and Specifications forwaterand sewer main extensions,prepared and signed bya Professional Engineer(PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall alio 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. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. • Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the XL Limited Partnership Annexation Agreement shall be dedicated to the City on the Final Plat for this subdivision. • A detailed Traffic Study Report for the entire West Winds Development has been provided to and reviewed by the City Engineer's office. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak -5- • 0 West Winds Major Subdivision Findings of Fact and Order #P-04009 Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27,h Avenue and make recommendations for approval. The need for any traffic impact analysis updates will be identified at the time of Pre- Application submittal for each subsequent phase. • Street names must be approved by the City Engineer and county road office. • City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision.Per Chapter 18.44.080 of the Unified Development Orclinanc2,sidewalks will be installed prior to occupancy of any individual lots. • The applicant is advised that the installation of any traffic calming devices will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Boze=n A ma Transportation Plan 2001 Update, urdess otherwise approved by the City Corrunission, or by the City Engineer through the plan and specification review and approval process. • Plans and Specifications for streets and storm drainage facilities,prepared and signed by a Professional Engineer(PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. • Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. • The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. • The Montana Department of Fish, Wildlife and Parks, SCS,Montana Department of Environmental Quality and Army Corps of Engineer's shaH be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. -6- West Winds Major Subdivision Findings of Fact and Order #P-04009 • If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required. by the State, the Developer shall demonstrate to the City full permit compliance. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board and City Commission hearings have been properly noticed,as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel All lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policyand the requirements of the Gtyof Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act,if certain conditions were imposed. The evidence,as stated or referenced in the Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE,IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the West Winds Subdivision for the property owner, Quest West LLC, be approved, subject to the following conditions: -7- West Winds Major Subdivision Findings of Fact and Order #P-04009 1. Phase lA and I of the West Winds Subdivision shall comply with the approved Planned Unit Development. 2. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 3. Cash-in-lieu of Water Rights,as calculated by the Director of Public Service,shall be paid at the time the Final Plat is submitted 4. The property owner has proposed that Lot 7 of Phase 1A will be developed with an affordable housing project in order to meet the Performance Points fora Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the property owner shall provide an alternative means to meet the Planned Unit Performance standards. 5. The final plat shall contain a note prohibiting direct access from single family or d-aplex lots to Oak Street and N. 27th Avenue. 6. The west half of N 27th Avenue, from Oak Street to Breeze Lane, and the north half of Oak Street,from N 27,h Avenue to Hunters Waymust be constructed and accepted bythe Cityprior to filing the Final Plat for Phase lA The west half of N 271h Avenue, from Tschache Lane to Breeze Lane must be constructed and accepted by the City prior to filing the Final Plat for Phase 1B.The overall design of Oak Street shall include a detailed assessment of traffic needs and design solutions for the phasing.The timing of the development of Harvest Creek shall be taken into account as well. The Phase lA infrastructure improvements shall include improvements to the intersection of Oak Street and N 271h Avenue to provide a transition between the existing and the future roadway.Design of the intersection is also to accommodate . the existing overhead power lines.The intersection design will be reviewed and approved by the City Engineering Office as a part of the infrastructure improvements review process. 7. There is a discrepancy between Traffic Impact Studies provided for the North 19,h Avenue and Durston Road intersection regarding the Level of Service. If it is confirmed the intersection operates below Level of Service D, then the Final Plat for Phase 1 may not be filed until the improvements necessary to raise the Level of Service at the intersection of North 191h Avenue and Durston Road to Level of Service C are installed and accepted by the City of Bozeman. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625,M.C.A.The preliminary approval of this subdivision -8- West Winds Major Subdivision Findings of Fact and Order #P-04009 shall be effective for three years from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may,at the written request of the subdivider,extend its approval as provided for in the City of Bozeman Unified Development Ordinance. DATED this 91h day of August , 2004. BOZEMAN COMMISSION 4Y. ,Mayor ATTEST: Q � Ro in L. Sullivan Clerk of the Commission APPROVED AS TO FORM Timothy A. Cooper Acting City Attorney I -9- o4S� 6�, � ia =�s3d .._` -�.. t 5 , - !-_, i�yhi..y7�.c,5`rlY .ice SaQ'��� .a� {Y ,• ITC}^OMMISSI I rc .. ''Q y _ -• ~ :. r .tlrr-i �_y,��,��� �, :r'�'e.,»� iu�,1 1 �f�G r � C+C1N.ST>AUFT R ,Y flee W,U-T- WINDS Ct�P/P D 137' �i ATi'© ;',n -�jj,' r -r,�'' t t[ �t t .�•� d.- �. j;r H�r{t- xL.!5- -4 i•.d7is g.�"litFM': r6i. A�1+.:.^ { �4 ^�C4:t iLi dT• .i rye' _ Item: Zoning Application #Z-04050A, a modification to a Conditional Use Permit Application for a Zoning Planned Unit Development to amend the conditions of approval on property bound by Baxter Lane, Oak Street, 27' Avenue and Davis Lane and zoned "R-3" Residential, Medium Density District. Property Owner. Cascade Development, Inc. 3825 Valley Commons Drive,Suite 4 Bozeman,MT 59718 Applicant: HKM Engineering Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 Date: Before the Bozeman City Commission on Tuesday,July 5, 2005 at 7:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman,Montana. Report By: Jami Morris,Associate Planner Recommendation: Conditional Approval PROJECT LOCATION The subject property is described as NWl/,,Section 2,T2S,R5E,Gallatin County,Montana located between Baxter Lane, Oak Street, 27"' Avenue and Davis Lane. The site is approximately 161.30 gross acres and is zoned "R 3," Residential Medium Density District. Please refer to the following vicinity n1ap. #Z-04050A West Winds CUP/PUD Modifications Staff Report 1 BP R-1 BP eaxrE R-3 PU m PROPOSAL The Conditional Use Permit application for a Zoning Planned Unit Development to establish a unified development plan for a 161.30 acre subdivision for the development of which originally included 213 single- household, 92 townhouse, 5 multi-household and 8 senior assisted living lots with the following requested relaxations from the City of Bozeman Unified Development Ordinance: a. Section 18.50.020 "Park Requirements" to allow the park area for the affordable housing lots to be based on 11% net buildable area instead of 0.03 acres per dwelling unit; b. Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R 3" Residential Medium Density zoning district; c. Section 18.42.030.0"Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d. Section 18.42.040.B "Block Length" to allow the block lengths to exceed 400 feet; e. Section 18.42.040.0 "Block Width" to allow the minimum block width to be less than 200 feet for the blocks with Restricted Size Lots; and f. Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots. The applicant now requests the following modifications to the conditions of approval for a Conditional Use Permit: Delete Condition /#27: The Section 42 Affordable Housing`and the Assisted Living, as depicted in the plan,shall remain in the PUD plan; and Amend Condition #t 31 to read: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien—;2 housing lots so long as it includes some very low income housing; Add the following Conditions: 1. A deed restriction will be placed on the parcel that restricts the use of affordable housing as defined by City of Bozeman, CAHAB, and HRDC. The current PUD condition requires HUD Section 42 housing. Based on conversation with HRDC this limits affordable housing opportunities hies for the #Z-04050A West Winds CUP/PUD Modifications Staff Report 2 performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The point schedule, submitted on April 8, 2004 suggested that all 20 performance points would be met with a 114 unit Section 42 affordable housing project. However, points are only awarded for constructed affordable units. The developer has indicated in his submittal materials that he lacks the expertise and time to construct the necessary units. Instead he would like to "provide a platform upon which affordable housing can be built" by providing "affordable real estate" (paragraphs 1 and 4,page 2 of the applicant's narrative). RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: I. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman, CAHAB, and HRDC The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. The sale price for the affordable parcel shall be limited to 45% of the appraised value, based on comparable multi-family parcels in Bozeman. 3. The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under (18.36.090.E.(7.)(a) to meet the twenty (20) PUD performance points. However, the actual development density of the affordable housing parcel may vary dependant upon the type of affordable housing that is needed in the community as determined by the City of Bozeman, CAHAB,and HRDC 4. Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7)(b) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 5. In the event that the Assisted Living, as depicted in the plan, 's not constructed in whole or part, the effected area shall be developed consistent with SW Residential Altemative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the #Z-04050A West Winds CUP/PUD Modifications Staff Report 5 additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the Caty Commission. 6. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement for the development of the "affordable housing parcel". Additional Considerations: In the event condition #4 is approved, as proposed by the applicant (page 3 of the staff report), then condition##31 should be further modified to require the balance of the parkland at the per unit factor. Condition #f 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable ce�en 4= housing lots so long as it includes some very low income housing. In the event the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project t-ien the developer shall pay cash-in-lieu for additional open space 18.36.090.E.(7.)(b) to meet the required PUD performance points and the balance of the parkland (from the 11% rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. CONCLUSION/RECOMMENDATION The DR( y DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. 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. Attachments: Applicant's Submittal Materials Report Sent To: Cascade Development Inc., 3825 Valley Common's Drive, Suite 4, Bozeman, MT 59718 HKM Engineering Inc., 601 Nnkles Drive;Suite 2,Bozeman,MT 59715 #Z-04050A West Winds CUP/PUD Modifications Staff Report 6 �T: I IIIIII II page: 1 2194f a I III I E II 1111111 TT milli 1111111111111! 7/0 19/20 0 0 L � 5 4.10P / Shelley Vance-Gallatin Cc MT MISC 62.00 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT REVISED CONDITIONS OF APPROVAL FORA CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the Cityof Bozeman to establish a unified development plan of a 161.30 acre subdivision with the following requested relaxations from the Cityof Bozeman Unified Development Ordinance:a)Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots;b)Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R Y zoning district; c) Section 18.42.030.0"Double/Through and Reverse Frontage"to allow double frontage lots adjacent to the arterial and collector streets;d) 18.42.040.B "Block Length" to allowthe block lengths to exceed 400 feet; e) Section 18.42.040.0"Block Width" to allow the minimum block length to be less than 20D feet for the i blocks with Restricted Size Lots; f) Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for comer townhouse lots;and g)Section 18.44.090.D3 "Spacing Standards for Drive Accesses"to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with. an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street,to be separated less than 660 feet. WHEREAS,the subject property is legally described as the NW'/,Section 2, T2S,R5E, Gallatin County,Montana; and WHEREAS, the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure and shall constitute restrictions running with the land. West Winds PUD #Z-04050A PAGE 1 ii II i lilll llil llil Page:1994878 III 1111111111111111 Iill II II II Shelley Vanoa-Gallatin Co MT MISC 62.00 1 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT WHEREAS,the Conditional Use Permit is subject to the following conditions: 1. A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way(from Baxter Lane to Oak Street)shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park,park fixtures,trails, etc.,until such time that a Park Maintenance District,or similar form of funding,is established. 5. A park master plan shall be submitted for approval by the Cary Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan,shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade,a sidewalk connection to each building,and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street,Baxter Lane, 27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as theyrelate to anyzoning and/or planning bylaws. The covenants shall be submitted for review-and approval bythe Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot"no access"easement shall be provided along Baxter Lane,Oak Street,271h Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback West Winds PUD #Z-04050A PAGE 2 IIpag2194878 e: 3 of 6 I IIIII!IIIII!IIIII Illll!IIII IIII Ill Illil Il llll 07/19/2005 04:10P Shelley Vanoe-Gallatin Co MT MISC 62.00 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 1 14. The 0.07 acre isolated wetland in the southeast comer of the subdivision maybe filled in exchange for the existing vegetation being transplanted,as reasonably feasible,from the filled wetland to the Cattail Creek wetlands,under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27Eh Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall specifythat 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified.Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downsrream culvert capacities as well as the fact the ditch company may use the ditch as a blow off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements.The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersecticns with Oak Street.The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road,along the property boundary,shall be improved,as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built byB axter Meadows.West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek North 271h Avenue,along the property boundary,shall be improved,as part of this development,to one half of a collector standard and shall match the section built by Harvest Creek Fowler Avenue,along the property boundary, shall be improved, as part of this development, to one haE of a minor West Winds PUD #Z-04050A PAGE 3 2194 Pao*: aof 6 I I N it ii 07/19/2005 04:10P I III III II II Shelley Vance-Gallatin Cc MT MISC 62.00 .i CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter,and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The"riparian"corridor shall be maintained within the median planned for Fowler Avenue. 23. No existing mature vegetation within the watercourse setback,wetlands,park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. More detailed Development Guidelines shall be provided with the Final PUD Plan. 28. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 29. The mandatory25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. i 30. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable housing lots so long as it includes some very low income housing. 31. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. West Winds PUD #Z-04050A PAGE 4 (II IIII 219 f 94 6 (Iillllllllillll IIIIIIIII IIIIIIIiII� IIII II II Shelley Vance-Gallatin Co MT MISC 62.00 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 32. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Corrcrpssion dens rxx support the large armors qfopen space along the arterial stress. 33. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 34. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. 35. At the time of final plat a deed restriction shall be placed on the "affordable hous ng parcel' as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined bythe Cityof Bozeman with input form CAHAB. The deed restriction shalll indicate that the parcel will always be limited to use as an affordable housing project. 36. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 37. Prior to filing the final plat for the last phases of the West Winds PUD,the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined bythe Cityof Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall paycash-in-lieu for additional open space (18.36.090.E.(7.)(b.)to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 38. In the event that the Assisted Living,as depicted in the plan,is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based cn the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate bythe City Commission. 39. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property, my successors or assigns, as long as the subject property is developed under the terms and West Winds PUD #Z-04050A PAGE 5 2194878 IIIII all 1111 07/19/2005 04:10P III(I IIIIIII Iillll(IIIII I Shelley Vanoa-Gallatin Co MT MISC 62.00 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT conditions established by the Gty Commission in their approval of the West Winds Planned Unit Development. DATED THIS DAYOF—JAA4 2005. LANDOWNER Cascad Develop nt Inc. by Jitmap aging Member STATE OF MONTANA ) :ss County of Gallatin ) On this 3- day of ,2005,before me,the undersigned,a Notary Public for the State of Montana, personall ppeared John Dunlap, known to me to be the Managing Member of Cascade Development, Inc the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. c�,� •;':,�; Printed Name Notary Public for State of Montana Residing at:Bozeman,Montana Commission Expires: (Use 4 digits for expiration year West Winds PUD #Z-04050A PAGE 6 J (s ��K ����F c A `� i � � � �� ���61� tfL ��s ,� , 1� � Inter-office Original to: City of Bozeman Planning Deparmient P.O.Box 1230 Bozeman,MT 59771-1230 i i CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD, BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional -Use Permit from the City of Bozeman to allow a residential Planned Unit Development with proffers from Cascade Development,Inc. that included the construction of affordable housing in .exchanged for relaxation of standards.to permit such things as apartments and assisted living -units as allowed uses in the R-3 zone; and WHEREAS, the subject property is legally described as a portion of the NW :'a, Section 2,T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, consisting of— 161 acres.; and WHEREAS the Conditional Use Permit is subject to the followingconditions, code provisions and relaxations: On May 24, 2004, West Winds PUD was granted conditional approval for a 161.30 acre development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots subject to 35 conditions and numerous code provisions, and with the following seven relaxations from the City of Bozeman Municipal Code: a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 1 I% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.13 "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the"R-3"zoning district;. c) Section 18.42.030.0 'Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d) 18.42.040.E `Block Length"to allow the block lengths to exceed 400 feet; e).Section 18.42.040.C."Block Width":to:allow the_minimum.-block length.to be less than 200 feet for the blocks with Restricted Size Lots; f).Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for comer townhouse lots; and g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buekrake and back onto the linear park to access local • West Winds PUD Conditional Use Permit#2r07284/2r07141 PAGE 1 OF 15 • streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street,to be separated less than 660 feet. May 24,2004 Conditions: L. A trail shall be donstructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2...Mid-block trail crossing along Oak Street will not be permitted. I Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension-of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, for similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan,whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be.subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the.lots backing up to Oak Street, Baxter Lane, 27'h Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shal_1 be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall-be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6"river rock and wet root tolerant plant types. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 2 OF 15 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27a' Avenue and Davis Lane. 13.No lots shall be platted within the watercourse and wetland setback. 14. The 0:07 acre isolated wetland in the southeast corner of the.subdivision may.be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. .16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27 h Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27a`Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17.As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail.Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain_ Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and.downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18.Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address.pedestrian crossing issues at the intersection of Oak Street and N 27"Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 3 OF 15 • Harvest Creek. North 27t'Avenue, along the property boundary,shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard.curb and gutter, and 6 foot wide sidewalk will be required in the standard-location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street,North 27 h Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. . The "riparian"-corridor shall be maintained within the median planned for Fowler Avenue, 23.No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit, 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. • West Winds PUD Conditional Use Permit#Z,07284/Z-07141 PAGE 4 OF 15 i li 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper i Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane: The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. May 24,2004 Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the PIanning Department prior to the commencement of development or site preparation. The plan shalt include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks.Department prior to construction. • . Baxter Lane (from Fowler Avenue to N. 27t' Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan,which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27t' Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19d'once it is completed. •: West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PACE 5 OF 15 • The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e.,paved OR dirt)in order to be consistent with the surrounding park land. • The. subdivider shall be responsible for installing sod, boulevard trees and an irrigation . . . system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an"R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site :plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • 'Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. •' West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 6 OF 15 •. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise'allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need .to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge stormm runoff into the ditches, and for any relocation or abandonment of the ditches. • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median,or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer(PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • West Winds PUD Conditional Use Permit#Zr07284/Zr07141 PAGE 7 OF 15 • • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing,per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards. and Specifications Policy. Use of the 10" main to allow a flatter'slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy, • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While.the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, . sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase,prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits.shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed:by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 8 OF 15 • • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1)' the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial-access but does not provide the 660' minimum for full access. On:Baxter Lane,the separation between Windward Avenue and Hunter's Way meets. the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase.Building permits may not . be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404,Turbidity exemption,etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall.constitute restrictions running with the land, shall be binding upon the owner of the land,his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of-the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns: • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to-be reviewed and approved by the Planning.Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 9 OF 15 • but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERNUT IS OBTAINED. On July 5, 2005, the City Commission conditionally approved the requested modification to Conditional Use Permit for a Planned Unit Development application £or the 161.30 acre development legally described as NW%4, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane, Oak Street, 27 h.Avenue and Fowler Avenue: The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: Condition#27: (Deleted by City Commission) Condition #31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable See6en 42 housing lots so long as it includes some very low -income housing. (Amended by City Commission) The modification also allows the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Plaimed Unit. Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: July 5,20.05 Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" • as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with .SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 10 OF 15 • off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the."affordable housing parcel". On September 6, 2005, per May 24, 2004, condition of approval 46, the City Commission approved the West Winds Final PUD Plan as submitted with a modification to the trail crossing at the intersection of Hunter's Way and Oak Street as recommended by the Design Review Board(Z-04050). At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060,Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. October 1,2007 Conditions: l.- The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household . apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34,BMC. • 2. In keeping with the intent of the originalPUD condition of approval#1 which states "A trail P g PP shall be constructed connecting from 27d' Avenue to.Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 3. In keeping with the intent of the original PUD condition of approval #I1, which states "The storm .water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial,20 feet adjacent to a collector or 15 feet adjacent to a local street. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 11 OF 15 I I • • 4. In keeping with the intent of the original PUD condition of approval #20; which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue";which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval. #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. .5. In keeping with the intent of the original PUD condition of approval'#22; which states "The Section Line Ditch shall not be piped. The "riparian"corridor shall be maintained within the median planned for Fowler Avenue.'; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The"riparian"corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build.out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 'net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in-lieu in accordance with Chapter 18.50,BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. . To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 10. The landscape plan,prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and. approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 12 OF 15 i J � • 11. The developer' shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional.Use Permit must be signed,.notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thm 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of-the Bozeman • Municipal Code and any conditions considered necessary by the approval body. 15. 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 pursuant to Section 18.34.-100.C.1 of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. .17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code: 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. 18. The 2005 PUD Modification condition of approval #3 shall be 'modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 13 OF 15 i V 0 1yy1 DATED THIS DAY OF L&U a 2008. PROP i9fin qunlap Cascade Development,�Ic. :.... STATE OF MONTANA ) ss County, of Gallatin ) On this �I day of 2008, before me, the undersigned, a Notary Public for the State of Montana,person appeared John'Dunlap known to me to be the Owner of Cascade Development,the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. rl L I hj0 (Si tore above) eal° 0'r A!',l (Printed Name above) Notary Public for.State of Montana ,,��' 1 ;r ; Residing at: c� �irYYn �! . Commission Expires: a f ill .(Use 4 digits for expiration year) //lll(iliiiii • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 15 OF 15 CITI& BOZEMAN Nb DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planni-)g@bozeman.net wom bozeman.net March 7, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Final Plan (#Z-07284/#Z-07141) Dear John: The above-referenced PUD final plan application was received on November 11, 2007 and resubmitted on February 1 and 4, 2008, revised and resubmitted on February 20, 2008, and it has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the previous letter of corrections, conditions of approval, the submittal checklist and Title 18 of the Bozeman Municipal Code (BMC). The application does not contain all of the required information in sufficient detail. The following submittal materials and/or information were not provided or need to be clarified. At this time, it would be appropriate to provide 7 complete binders; I would be willing to insert the new items into my February 20, 2008, binder. Chapter 2 - Table 2.4 - Residential, Multifamily, Affordable note # is not printing. Appendix 1.1 and 1.2 -Needs to be Figures 2.1 and 2.1A, not Figures 1.2 and 1.2A. Appendix 1.3: • Will need a copy of the recorded CUP condition document. • Will need a copy of the recorded Waiver of Right to Protest Creation of SIDs. An updated waiver will need to be recorded by you after review by City staff. The updated waiver must apply to the remaining un-platted phases and any platted parcels currently owned by the developer. Please provide a legal description of those properties so that staff can incorporate them into the Waiver document. Please be aware that this does not demonstrate compliance with May 24, 2004, Condition#16. Park Plan: • The 10 foot minimum clearance between trees and utilities also applies to water and sewer services. If any of these services are anticipated to cross though the park or open space areas, and adjacent boulevards,please modify the note, on Sheet G-2 and any other relevant sheets, to include them. • On Sheet P-1, show the access road to the manhole on the north side of Trade Wind Lane. On Sheet P-2, show the access road perpendicular to Tschache Lane. See the attached exhibit from planning • zoning • subdivision review • annexation • historic preservation • housing . grant administration . neighborhood coordination A ! Sue Stodola's May 21, 2007 email to HKM regarding the access roads. Please provide a draft of the Public Access Easement noted in the last bullet item of that email. • Public street trees along park frontages are missing on P1-Hunters Way; P-2 Hunters Way, Breeze and Tschache west of the water course; P3-Hunters Way; and P4-Winterpark. Below is the discussion of the items that you appear to be unwilling or unable to address to staff s satisfaction. These responses appear to be substantive changes to the PUD and conditions of approval. If your responses do not change to demonstrate compliance with these issues, staff will be required to recommend denial of the final PUD plan to the Planning Director. How do you propose to remedy this situation? Chapter 3: • Page 3-8, item V. The construction of affordable housing in the West Winds PUD to meet the PUD performance points was a significant portion of your proffers to the City of Bozeman in exchange for relaxation from standards that permitted such things as apartments and assisted living units as allowed uses in the R-3 zone. Since you have indicated that the affordable housing parcel has been sold, you still need to document how you have ensured that a specific number of dwelling units will be built on the affordable housing lot which are to be provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification, and subject to the City's affordability guidelines. In addition, you need to discuss responsibility, timing and process for construction of affordable housing, and what happens when no affordable housing units have been built on the lot by Phase 8. See also comments regarding Condition#18 below. Condition #6, Density Cap: • As previously indicated, you need to describe how you are complying with the density cap of 690 dwelling units. Condition#6 generally stated that the density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Condition #18, Construction of Affordable Housing: • The response to Condition#18 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #3 and#5. As previously stated, You must either change your response to demonstrate compliance with the conditions or you must apply for a Modification to the PUD to change these conditions of approval. Please submit this information in a complete and comprehensive packet and upon receipt the information will be reviewed to determine if the all the required information has been provided in sufficient detail. A determination that an application contains sufficient information does not ensure that the proposed application will be approved or conditionally approved by the Planning Director, and does not limit the ability of the City of Bozeman to request additional information during the review process. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes i standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Page 2 . Please feel free to contact me at 586-5266 if you have any questions. Sin .rely, 1 C to Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 Page 3 CITY BOZEMAN i Nb DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozemon.net March 7, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Final Plan (#Z-07284/#Z-07141) Dear John: The above-referenced PUD final plan application was received on November 11, 2007 and resubmitted on February 1 and 4, 2008, revised and resubmitted on February 20, 2008, and it has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the previous letter of corrections, conditions of approval, the submittal checklist and Title 18 of the Bozeman Municipal Code (BMC). The application does not contain all of the required information in sufficient detail. The following submittal materials and/or information were not provided or need to be clarified. At this time, it would be appropriate to provide 7 complete binders; I would be willing to insert the new items into my February 20, 2008, binder. Chapter 2 - Table 2.4 - Residential, Multifamily, Affordable note# is not printing. Appendix 1.1 and 1.2 -Needs to be Figures 2.1 and 2.1A, not Figures 1.2 and 1.2A. Appendix 1.3: • Will need a copy of the recorded CUP condition document. • Will need a copy of the recorded Waiver of Right to Protest Creation of SIDs. An updated waiver will need to be recorded by you after review by City staff. The updated waiver must apply to the remaining un-platted phases and any platted parcels currently owned by the developer. Please provide a legal description of those properties so that staff can incorporate them into the Waiver document. Please be aware that this does not demonstrate compliance with May 24, 2004, Condition#16. Park Plan: • The 10 foot minimum clearance between trees and utilities also applies to water and sewer services. If any of these services are anticipated to cross though the park or open apace areas, and adjacent boulevards, please modify the note, on Sheet G-2 and any other relevant.sheets, to include them. • On Sheet P-1, show the access road to the manhole on the north side of Trade Wind Lane. On Sheet P-2, show the access road perpendicular to Tschache Lane. See the attached exhibit from planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration . neighborhood coordination Sue Stodola's May 21, 2007 email to HKM regarding the access roads. Please provide a draft of the Public Access Easement noted in the last bullet item of that email. • Public street trees along park frontages are missing on P1-Hunters Way; P-2 Hunters Way, Breeze and Tschache west of the water course; P3-Hunters Way; and P4-Winterpark. Below is the discussion of the items that you appear to be unwilling or unable to address to staff s satisfaction. These responses appear to be substantive changes to the PUD and conditions of approval. If your responses do not change to demonstrate compliance with these issues, staff will be required to recommend denial of the final PUD plan to the Planning Director. How do you propose to remedy this situation? Chapter 3: • Page 3-8, item d7. The construction of affordable housing in the West Winds PUD to meet the PUD performance points was a significant portion of your proffers to the City of Bozeman in exchange for relaxation from standards that permitted such things as apartments and assisted living units as allowed uses in the R-3 zone. Since you have indicated that the affordable housing parcel has been sold, you still need to document how you have ensured that a specific number of dwelling units will be built on the affordable housing lot which are to be provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification, and subject to the City's affordability guidelines. In addition, you need to discuss responsibility, timing and process for construction of affordable housing, and what happens when no affordable housing units have been built on the lot by Phase 8. See also comments regarding Condition#18 below. Condition #6, Density Cap: • As previously indicated, you need to describe how you are complying with the density cap of 690 dwelling units. Condition#6 generally stated that the density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Condition #18, Construction of Affordable Housing: • The response to Condition#18 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #3 and#5. As previously stated, you must either change your response to demonstrate compliance with the conditions or you must apply for a Modification to the PUD to change these conditions of approval. Please submit this information in a complete and comprehensive packet and upon receipt the information will be reviewed to determine if the all the required information-has been provided in sufficient detail. A determination that an application contains sufficient information does not ensure that the proposed application will be approved or conditionally approved by the Planning Director, and does not limit the ability of the City of Bozeman to request additional information during the review process. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Page 2 f Please feel free to contact me at 586-5266 if you have any questions. Sin rely, Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A,Bozeman, MT 59718 Page 3 EF,4_XTEW -CA_IVe--NOR A R TERIA L) - --------- - V vp F +fie_wE eoURT Jill [ III 31. lr 41, t l� �!f TSCHAG 7: WATER COURSE II ZONE BOUNDARY -'BREEZE 1-7 A cc e,- 4- A-wesj6,ex ME SD'Li s 9 d/7du7 tv 4t TEMPEW-01. J__Lj_ ,--I ----------- ---- --------- INC ARTERIAL,)---------- 4K STREET (PRINCIPAL ARTERIAL,) --------------- --------------------- — ----------------- --------- ------------ f= MAY II AI M7 y r ' E N G�I N E E RING 920 Technology Boulevard February 20, 2008 Suite A Rec. No. 04S067.125 _ Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Ms. Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box,1230 Bozeman MT, 59771 RE: West Winds Planned Community r`U118 Modifi 8 Final PUD SubmittalZ-07 - aNNiNENT r jNcLOPM Dear Ms. Windemaker: - Attached is the revised PUD per your comments dated February 11, 2008. Included.with this submittal are the following items: 2—Revised PUD Binders 2—Reduced Landscape/Park Plans (located in back of PUD binder) 1 —Full size Landscape/Park Plans. 1 —Recorded West Winds Covenants If you have.any questions, please do not hesitate to call our office. -Sincerely, HICM ngineering Inc. Clint Lifle, P.E. Senior Project Engineer Cc: John.Dunlap Art Wittich Enclosure(s) BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.793.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 E N G I N EE RI N:G • 920 Technology Boulevard Suite A Bozeman, MT 59718 Phone: 406.586:8834 Fax: 406.586.1730 www.hkminc.com February 15, 2008 Rec. No. 045067.125 Ms. Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box 1230 Bozeman MT, 59771 RE: West Winds Planned Community Modified Final PUD Submittal i Z-07028 • Dear Ms. Windemaker: On behalf of Cascade Development, Inc., HKM Engineering responds to your February 11, 2008 comments.as follows. Your comment is in standard text, HKM response is italicized. Even hough Cascade:Development Inc.has submitted a modified Final PUD Submittal, Cascade Development Inc. reserves all of its constitutional, statutory, regulatory and other legal rights to appeal any final determination by the City of Bozeman for this or other issues. Figures: 1.2, 2.1 (81h x 11 and.,the.full size in Appendix. 1.1), 2.4, 3.1, and 5.1: Align the trails at Hunters.W ay. . Trail aligned as requested. 2.1, needs: Multi family title removed from community center designation title. Multi family title removed. Dwelling unit numbers need to match Table 2.4. Dwelling unit numbers removed from legend. 2.1 A, needs: Multi family title removed from community center designation title. Multi family title.removed. Dwelling unit numbers need to be corrected. Dwelling unit numbers removed from legend. 6 3: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Detention pond added to figure. Also, two catch basins are shown on Oak Street west of New Holland. Are these still to be installed as shown?No, catch basins have been removed from figure. The note regarding Pond 1 is not necessary. Note has been removed. Lastly, is a catch basin proposed on Davis Lane at Breeze Lane to connect with the storm main shown on Breeze Lane?No, storm pipe removed from figure. BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER.WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Ms. Lanette Windemaker West Winds Final PUD February 15, 2008 • Page 2 of 6 6,6: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Detention pond added to figure. Table of Contents: • Appendices—Please note that all references to Appendices A-N are found in Final PUD Application Part III—Appendices, dated February 10, 2005. Note added as requested. Chapter 2: • Page 2-9—the narrative still needs to be updated per condition no.5. Also, see Page 5-4. Narrative revised at both locations, specifically that the irrigation ditch will not be piped unless requested by ditch owner. • Table 2.4 (see also Table 6.1) still needs: o Needs to break down Residential, Multifamily into Affordable and Standard (that is a new row not a new column). Table revised as requested. o Given Note#3., the column on RSLs is unknown and should not be included here. RSL column removed. o Residential, Multifamily,.Affordable are.NOT RSLs, correct this as indicated above. So noted and corrected. o Skilled Nursing Facility(congregate care) needs to show the 150-200 range. Estimated dwelling units listed as 150—200 units. • Chapter 3: • Appendix B, please correct this to Appendix 1.3. Corrected as requested. • Table 3.1 acreage numbers are not the same as Table 2.4, please only include the acreage for Multi Family Affordable to reduce redundancy errors. Table revised as requested. • Table 3.1 does not need the column for DU/AC,.please remove to eliminate redundancey errors. Column removed as requested. • d6, page 3-5 (see also Chapter 6.e, page 6-19). As you have indicated that payment of.Cash in . Lieu,of Park Land-will be addressed on subdivision phase by phase basis, you still need to provide a table that documents park requirements by phase(including dwelling units by phase). Additional tables have been added; see Tables 3.la, and 3.2.a. • V. Since you have indicated:that the affordable housing parcel has been sold and that the affordable housing commitment letter is no longer valid, you still need to document how you have ensured that a specific number.of dwelling units will be built on the affordable housing lot which are to be provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification, and subject to the City's affordability guidelines,.In addition, you need to discuss responsibility, timing and process for construction of affordable housing, and what happens when.no affordable housing units have been built on:the lot by Phase 8. See also-comments regarding Condition#18 below. See Table 3.4 which documents open space required and provided per phase. The plan is to provide either affordable housing,public open space or cash-in-lieu of open space on a phase by phase basis. • • V. Since you have indicated that payment of Cash in Lieu of Open Space will be addressed on subdivision phase by phase basis, you need to return previous Table 3.5, which demonstrated the H:\04\S067125\Revised PUD\West Winds PUD second review Clint Response.doc Ms. Lanette Windemaker West Winds Final PUD February 15, 2008 • Page 3 of 6 calculation of the PUD open space performance points, to the document, and you still need.to demonstrate exactly how much open space will need to be paid for with final plat of each.phase. Since you are proposing to pay cash in lieu as required with each phase, the acreage deficiency would zero out:with a.payment;acreage can only be cumulative when the acreage provided stays on the positive side. See Table 3.4. ® New.Table 3.4, this title should be Park Land,Provided. Table has been revised. See Table 3.1 and 3.2 for park land data. New Table 3..5, does not demonstrate PUD performance points. More appropriately titled Open Space provided. See revised tables. ® Page 3.11, density still needs to be corrected to be the same as Table 2.4. Revised to 9.01 DU/Ac. to match Table 2.4. i Chapter 4: a A.copy of the recorded covenants is NOT on file in the Planning Office,provide a copy within this document as previously requested.Attached is copy of filed covenants. Chapter 5: a Page 5-4—the narrative still needs to be updated per condition no.5. Also, see Page 2-9.Revised as requested, see response above. Page 5-8, second paragraph of the Groundwater section, refers to Figure 1 but it's not provided. • Is that reference necessary? If so, provide Figure 1. Reference deleted. Chapter 6: ® Table,6-1 (see also Table 2-4) still needs: ® To break down Residential, Multifamily into Affordable and Standard(that is a new row not a new column). Table revised as requested. • Note#2 probably should indicate"as shown in Figure 2.1". Table revised as requested. • Given.Note 94, the column on RSLs is_unknown and should not be included here._ Column deleted. ® Residential, Multifamily, Affordable are NOT RSLs, correct this. Revised as requested. ® Skilled Nursing Facility(congregate care) needs to show the 150-200 range. Revised as requested. ® Page 6-19 (see also Chapter 3.d6,:page 3-5). As you have indicated that payment of Cash in Lieu of Park Land will be addressed on subdivision phase by phase basis, your statement on Page 6- 19 needs to be corrected and you still need to provide a table that documents park requirements by phase(including dwelling units by phase). Statement corrected, see revised Tables 6.4, 6.4.a, 6.5 and 6.5.a. e Page 6-15 —Correct the reference to a community center in the bullet that starts "To allow..." the statement does not make any sense and as you stated, the park is the community center. Paragraph has been rewritten. • Appendix 1.1 and 1.2: ® See above described corrections needed for Figures 2.1 and 2.1A. Figures revised and re plotted. H:\04\So67125\Revised PUD\West Winds PUD second review Clint Response.doc i Ms. Lanette Windemaker West Winds Final PUD February 15, 2008 • Page 4 of 6 Appendix 1.3: . When will a copy of the recorded CUP condition document be provided? Will be provided with final submittal. ® As noted in.your response, it appears.that the original Waiver of Right to Protest Creation of SIDS was never recorded.An updated waiver will need to be recorded by you after.review,by City staff.. The updated waiver should apply to the remaining un-platted phases and.any platted parcels.currently owned by the developer, Please provide a legal description of those properties so.that staff can incorporate them into the Waiver document. So noted, will provide with final submittal. Park Plan: i Sheet G-2: Show the missing portions of the trail. Revised as requested. m Add a note on the park plan that states all trees shall not be located within 10 ft of the sewer main and any fire hydrants. It is likely the watercourse tree plantings, referred to on Sheet P-2 and shown in Exhibit B of Appendix 1.4; will need to be adjusted to provide the minimum clearance to the sewer main. On Sheet P-2, one of the street trees on Tschache Lane appears too close to the sewer main. On Sheet P-3, three trees appear to be right on the sewer main.Note added see General Note #4 on sheet G-2, tree locations and been revised to provide 10 foot • clearance. • In addition to the easements, etc. that were added to the park plan, show the sewer main and manholes, and the all-weather access roads to the manholes. Also, show the outlet structure, and inlet and outlet pipes for any storm ponds where trees are to be located, i.e. the storm pond on Sheet P-2. Park plan revised adding requested features. ® Sheet P.=2: The trail is.shown going around the wetland areas to Hunters Way. However, all of the Figures, as well as Exhibit B'of Appendix 1.4, show the trail going through the wetland areas. Which is correct? Revise as necessary.All figures and plans revised to show trail going around wetland. ® Sheet P.-3::Revise the location of the park area and northern trail connection to Hunters Way. Move them south one lot to match the Phase 3 final plat and infrastructure plans. Revised as requested. o Sheet P-4:.Show the trail connection at the intersection of the sidewalks at Winter Park Street and Davis Lane. Trail connection shown as requested. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission. So noted. Condition #6, Density Cap: • As previously indicated, you need to describe how you are complying with the density cap of 690 dwelling units. Condition#6 stated - The density cap may • only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a HAWS067125\Revised PUD\West Winds PUD second review Clint Response.doc Ms. Lanette Windemaker West Winds Final PUD February 15, 2008 • Page 5 of 6 modification to the approved final PUD plan. If it is found that the PUD exceeds the density cap cash-in-lieu of park land and open space will.be used. Condition#7, Final PUD Information: . e .Table 3.5a does NOT.provide the required break down of dwelling.units by phase, type and number. This new table could probably be designed to also address the requirements described above for park land (Chapter 3.d6, page 3-5 and Chapter 6.e,page 6-19). This new table should probably be included in Chapters 2, 3 and 6. See Table 3.L a for requested breakdown of dwelling by phase. Condition #10, Landscape Plan: o Landscape Plan needs to comply with Section 18.78.100. o Scale cannot be less than 1 inch equals 100 feet. Reduced plans have been provided for review,final plans will be full sized" = 60'. o The provision of a permanent.automatic irrigation system needs to be noted. See General Note #S on sheet G-2. ' o The location of the well(s).needs to shown. Irrigation well locations added as requested. o Stormwater facilites in open.space.need to be shown, and appropriately landscaped. 1 • Stormwater facilities shown and landscaped. o Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak. Curbs and sidewalks added as requested. o Street vision triangles measured from curb lines need to be shown.Added as requested. o Documentation of open space landscaping points needs to be readdressed in accordance with the UDO. Only 5.points can be achieved per yard, and the calculation should use Columns A and B. See sheet G-2 and LS sheets. o Planting height of evergreen trees needs to be shown. See Tree Notes on sheet G-2 o It appears that 5 boulders will need to be added.Agreed, see Landscape Points sheet G-2 and LS sheets. o A.note needs to be added:that the watercourse setback planting plan is found in Appendix 1-4. See General Note #6 on sheet G4 o Sheet G-2 needs to show all open space areas in green. Revised as requested. o Sheets LS-1, LS-2, and any other relevant sheets: Show the detention and retention ponds. Trees may not be located within these ponds. Revised as requested. o Add a note that states all trees shall not be located within 10 ft of any utility line, street light or fire hydrant. See General Note #4 on sheet G-2. • Street Trees: o. Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak.Items shown as requested. o Need to be shown in rights of way between the sidewalk and the curb. Unable to differentiate between street trees and open space landscaping. Plan revised as requested. o Grass, irrigation and street trees shall be provided in the public rights of way between curbs and sidewalks. See Landscape Note on LS sheets. .H:\04\5067125\Revised PUD\West Winds PUD second review Clint Response.doc Ms. Lanette Windemaker West Winds Final PUD February 15, 2008 • Page 6 of 6 o The species selection for boulevard plantings for this project.is OK, except for where Black Ash.(Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50'.:center with the root flare visible and.:at or slightly above. finished grade. There should also be a minimum 3' mulch ring around newlyplanted trees. There should not be sod inside the mulched area. It appears that Crabapples are still proposed along Oak Street. Plans revised as requested. • A note needs to be included on Sheet G-2 that indicates that the Park Plan:provided herein is not approved with-this PUD landscaping plan but is subject to the review and approval of the Park and Recreation Superintendent, unless it is his determination that it requires the full review process:and approval by City Commission, prior to final plat approval.Note added as requested. If you have any questions, please do not hesitate to call our office. Sincerely, HKM Engineering Inc. Clint Litle, P.E. Senior Project Engineer • Cc: John Dunla p Art Wittich Enclosure(s) H:\04\S067125\Revised PUD\West Winds PUD second review Clint Response.doc i CITY *BOZEMAN* Md"' Ne DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building 20 East Olive Street phone 406 582 2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozeman.net February 11, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Final Plan (#Z-07284/#Z-07141) Dear John: The above-referenced PUD final plan application was received on November 11, 2007 and resubmitted on February 1 and 4; 2008; and it has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the previous letter of corrections, conditions of approval, the submittal checklist.and Title 18 of the Bozeman Municipal Code (BMC). The application does not contain all of the required information in sufficient detail. The following submittal materials.and/or information were not provided or need to be clarified: Figures: 1.2, 2.1 (8'/2 x 11 and the full size in Appendix 1.1), 2.4, 3.1, and 5.1: Align the trails at Hunters Way. 2.1, needs: Multi family title removed from community center designation title. Dwelling unit numbers need to match Table 2.4. 2.1A, needs: Multi family title removed from community center designation title. Dwelling unit numbers need to be corrected. 6.3: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Also,two catch basins are shown on Oak Street west of New Holland. Are these still to be installed as shown? The note regarding Pond 1 is not necessary. Lastly, is a catch basin proposed on Davis Lane at Breeze Lane to connect with the storm main shown on Breeze Lane? 6.6: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Table of Contents: • Appendices—Please note that all references to Appendices A-N are found in Final PUD Application Part III—Appendices, dated February 10, 2005. Chapter 2: • Page 2-9—the narrative still needs to be updated per condition no.5. Also, see Page 5-4. • Table 2.4 (see also Table 6.1) still needs: o Needs to break down Residential, Multifamily into Affordable and Standard(that is a new row not a new column). o Given Note#3, the column on RSLs is unknown and should not be included here. planning - zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination o Residential, Multifamily, Affordable are NOT RSLs, correct this as indicated above. o Skilled Nursing Facility (congregate care) needs to show the 150-200 range. Chapter 3: • Appendix B, please correct this to Appendix 1.3. • Table 3.1 acreage numbers are not the same as Table 2.4, please only include the acreage for Multi Family Affordable to reduce redundancy errors. • Table 3.1 does not need the column for.DU/AC, please remove to eliminate reduridancey errors. • d6, page 3-5 (see also Chapter 6.e, page 6-19). As you have indicated that payment of Cash in Lieu of Park Land will be addressed on,subdivision phase by phase basis, you still need to provide a table that documents park requirements by phase (including dwelling units by phase). • d7. Since you have indicated that the affordable housing parcel has been sold and that the affordable housing commitment letter is no longer valid, you still need to document how you have ensured that a specific number of dwelling units will be built on the affordable housing lot which are to be provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification, and subject to the City's affordability guidelines. In addition, you need to discuss responsibility, timing and process for construction of affordable housing, and what happens when no affordable housing units have been built on the lot by Phase 8. See also comments regarding Condition#18 below. • V. Since you have.indicated that payment of Cash in Lieu of Open Space will be addressed on subdivision phase by phase basis, you need to return previous Table 3.5, which demonstrated the calculation of the PUD open space performance points, to the document, and you still need to demonstrate exactly how much open space will need to be paid for with final plat of each phase. Since you are proposing to pay cash in lieu as required with each phase, the acreage deficiency would zero out with a payment, acreage can only be cumulative when the acreage provided stays on the positive side. • New Table 3.4, this title should be Park Land Provided. • New Table 3.5, does not demonstrate PUD performance points. More appropriately titled Open Space provided. Page 3.11, density still needs to be corrected to be the same as Table 2.4. Chapter 4: • A copy of the recorded covenants is NOT on file in the Planning Office, provide a copy within this document as previously requested. Chapter 5: • Page 5-4—the narrative still needs to be updated per condition no.5. Also, see Page 2-9. • Page 5-8, second paragraph of the Groundwater section, refers to Figure 1 but it's not provided. Is that reference necessary? If so, provide Figure 1. Chapter 6: • Table 6-1 (see also Table 2-4) still needs: • To break down Residential, Multifamily into Affordable and Standard (that is a new row not a new column). • Note #2 probably should indicate "as shown in Figure 2.1". • Given Note#4, the column on RSLs is unknown and should not be included here. • Residential, Multifamily, Affordable are NOT RSLs, correct this. • Skilled Nursing Facility (congregate care) needs to show the 150-200 range. Page 2 • Page 6-19 (see also Chapter 3.d6,page 3-5). As you have indicated that payment of Cash in Lieu of Park Land will be addressed on subdivision phase by phase basis,your statement on Page 6- 19 needs to be corrected and you still need to provide a table that documents park requirements by phase (including dwelling units by phase). • Page 6-15 —Correct the reference to a community center in the bullet that starts "To allow..." the statement does not make any sense and as you stated, the park is the community center. Appendix 1.1 and 1.2: • See above described corrections needed for Figures 2.1 and 2.1A. Appendix 1.3: • When will a copy of the recorded CUP condition document be provided? • As noted in your response, it appears that the original Waiver of Right to Protest Creation of SIDs was never recorded. An updated waiver will need to be recorded by you after review by City staff. The updated waiver should apply to the remaining un-platted phases and any platted parcels currently owned by the developer. Please provide a legal description of those properties so that staff can incorporate them into the Waiver document. Park Plan: 6 • Sheet G-2: Show the missing portions of the trail. • Add a note on the park plan that states all trees shall not be located within 10 ft of the sewer main and any fire hydrants. It is likely the watercourse tree plantings, referred to on Sheet P-2 and shown in Exhibit B of Appendix 1.4, will need to be adjusted to provide the minimum clearance to the sewer main. On Sheet P-2, one of the street trees on Tschache Lane appears too close to the sewer main. On Sheet P-3, three trees appear to be right on the sewer main. • In addition to the easements, etc. that were added to the park plan, show the sewer main and manholes, and the all-weather access roads to the manholes. Also, show the outlet structure, and inlet and outlet pipes for any storm ponds where trees are to be located, i.e. the storm pond on Sheet P-2. • Sheet P-2: The trail is shown going around the wetland areas to Hunters Way. However, all of the Figures, as well as Exhibit B of Appendix 1.4, show the trail going through the wetland areas. Which is correct? Revise as necessary. • Sheet P-3: Revise the location of the park area and northern trail connection to Hunters Way. Move them south one lot to match the Phase 3 final plat and infrastructure plans. • Sheet P-4: Show the trail connection at the intersection of the sidewalks at Winter Park Street and Davis Lane. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission. Condition #6, Density Cap: • As previously indicated, you need to describe how you are complying with the density cap of 690 dwelling units. Condition#6 stated - The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Page 3 Condition #7, Final PUD Information: • Table 3.5a does NOT provide the required break down of dwelling units by phase, type and number. This new table could probably be designed to also address the requirements described above for park land (Chapter 3A6, page 3-5 and Chapter 6.e, page 6-19). This new table should probably be included in Chapters 2, 3 and 6. . Condition #10, Landscape Plan: • Landscape Plan needs to comply with Section 18.78.100. o Scale cannot be less than 1 inch equals 100 feet. o The provision of a permanent automatic irrigation system needs to be noted. o The location of the well(s) needs to shown. o Stormwater facilites in open space need to be shown, and appropriately landscaped. o Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak. o Street vision triangles measured from curb lines need to be shown. o Documentation of open space landscaping points needs to be readdressed in accordance with the UDO. Only 5 points can be achieved per yard, and the calculation should use Columns A and B. o Planting height of evergreen trees needs to be shown. o It appears that 5 boulders will need to be added. o A note needs to be added that the watercourse setback planting plan is found in Appendix 1-4. o Sheet G-2 needs to show all open space areas in green. o Sheets LS-1, LS-2, and any other relevant sheets: Show the detention and retention ponds. Trees may not be located within these ponds. o Add a note that states all trees shall not be located within 10 ft of any utility line, street light or fire hydrant. • Street Trees: o Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak. o Need to be shown in rights of way between the sidewalk and the curb. Unable to. differentiate between street trees and open space landscaping. o Grass, irrigation and street trees shall be provided in the public rights of way between curbs and sidewalks. o The species selection for boulevard plantings for this project is OK, except for where Black Ash (Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. It appears that Crabapples are still proposed along Oak Street. • A note needs to be included on Sheet G-2 that indicates that the Park Plan provided herein is not approved with this PUD landscaping plan but is subject to the review and approval of the Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission, prior to final plat approval. Condition #18, Construction of Affordable Housing: • The response to Condition#18 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #1, #3 and #5. As previously stated, you must either change your response to demonstrate compliance with the conditions or you must apply for a Modification to the PUD to change these conditions of approval. Page 4 1' Please submit this information in a complete and comprehensive packet and upon receipt the information will be reviewed to determine if the all the required information has been provided in sufficient detail. A determination that an application contains sufficient information does not ensure that the proposed application will be approved or conditionally approved by the City Commission, and does not limit the ability of the City of Bozeman to request additional information during the review process. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, _1 / Lanette Windemaker, AICP Contract Planner Cc: HKM.Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 Page 5 CITY #BOZEMAN • N DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street P.O. Box]230 fax 406-582-2263 � Bozeman, Montana 59771-1230 plann i,ng@bozeman.net www.bozeman.net February 11, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, 4223 Bozeman, MT 59715 RE: West Winds PUD Modification Final Plan (#Z-07284/#Z-07141) Dear John: i The above-referenced PUD final plan application was received on November 11, 2007 and resubmitted on February 1 and 4, 2008; and it has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the previous letter of corrections, conditions of approval, the submittal checklist.and Title 18 of the Bozeman Municipal Code (BMC). The application does not contain all of the required information in sufficient detail. The following submittal materials.and/or information were not provided or need to be clarified: Figgres: 1.2, 2.1 (8'/z x 11 and the full size in Appendix 1.1), 2.4, 3.1, and 5.1: Align the trails at Hunters Way. 2.1, needs: Multi family title removed from community center designation title. Dwelling unit numbers need to match Table 2.4. 2.1A, needs: Multi family title removed from community center designation title. Dwelling unit numbers need to be corrected. 6.3: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Also, two catch basins are shown on Oak Street west of New Holland. Are these still to be installed as shown? The note regarding Pond 1 is not necessary. Lastly, is a catch basin proposed on Davis Lane at Breeze Lane to. connect with the storm main shown on Breeze Lane? 6.6: show the detention pond in the park on the north side of Breeze Lane that was installed in Phase 3. Table of Contents: • Appendices—Please note that all references to Appendices A-N are found in Final PUD Application Part III—Appendices, dated February 10, 2005. Chapter 2: • Page 2-9—the narrative still needs to be updated per condition no.5. Also, see Page 5-4. • Table 2.4 (see also Table 6.1) still needs: o Needs to break down Residential, Multifamily into Affordable and Standard(that is a new row not a new column). o Given Note#3,the column on RSLs is unknown and should not be included here. planning zoning subdivision review • annexation historic preservation housing • grant administration neighborhood coordination o Residential, Multifamily, Affordable are NOT RSLs, correct this as indicated above. o Skilled Nursing Facility (congregate care) needs to show the 150-200 range. Chapter 3: • Appendix B, please correct this to Appendix 1.3. • Table 3.1 acreage numbers are not the same as Table 2.4, please only include the acreage for Multi Family Affordable to reduce redundancy errors. • Table 3.1 does not need the column for DU/AC, please remove to eliminate redundancey errors. • d6, page 3-5 (see also Chapter 6.e, page 6-19). As you have indicated that payment of Cash in Lieu of Park Land will be addressed on subdivision phase by phase basis, you still need to provide a table that documents park requirements by phase (including dwelling units by phase). • V. Since you have indicated that the affordable housing parcel has been sold and that the affordable housing commitment letter is no longer valid, you still need to document how you have ensured that a specific number of dwelling units will be built on the affordable housing lot which are to be provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual re-certification, and subject to the City's affordability guidelines. In addition, you need to discuss responsibility, timing and process for construction of affordable housing, and what happens when no affordable housing units have been built on the lot by Phase 8. See also comments regarding Condition#18 below. • V. Since you have.indicated that payment of Cash in Lieu of Open Space will be addressed on subdivision phase by phase basis, you need to return previous Table 3.5, which demonstrated the calculation of the PUD open space performance points, to the document, and you still need to demonstrate exactly how much open space will need to be paid for with final plat of each phase. Since you are proposing to pay cash in lieu as required with each phase, the acreage deficiency would zero out with a payment, acreage can only be cumulative when the acreage provided stays on the positive side. • New Table 3.4, this title should be Park Land Provided. New Table 3.5, does not demonstrate PUD performance points. More appropriately titled Open Space provided. Page 3.11, density still needs to be corrected to be the same as Table 2.4. Chapter 4: • A copy of the recorded covenants is NOT on file in the Planning Office, provide a copy within this document as previously requested. Chapter 5: • Page 5-4—the narrative still needs to be updated per condition no.5. Also, see Page 2-9. • Page 5-8, second paragraph of the Groundwater section, refers to Figure 1 but it's not provided. Is that reference necessary? If so, provide Figure 1. Chapter 6: • . Table 6-1 (see also Table 2-4) still needs: • To break down Residential, Multifamily into Affordable and Standard (that is a new row not a new column). • Note 42 probably should indicate "as shown in Figure 2.1". • Given Note#4, the column on RSLs is unknown and should not be included here. • Residential, Multifamily, Affordable are NOT RSLs, correct this. • Skilled Nursing Facility (congregate care) needs to show the 150-200 range. Page 2 • Page 6-19 (see also Chapter 3.d6, page 3 5). As you have indicated that payment of Cash in Lieu of Park Land will be addressed on subdivision phase.by phase basis, your statement on Page 6- 19 needs to be corrected and you still need to provide a table that documents park requirements by phase (including dwelling units by phase). • Page 6-15 —Correct the reference to a community center in the bullet that starts "To allow..." the statement does not make any sense and as you stated, the park is the community center. Appendix 1.1 and 1.2: • See above described corrections needed for Figures 2.1 and 2.1A. Appendix 1.3: • When will a copy of the recorded CUP condition document be provided? • As noted in your response, it appears that the original Waiver of Right to Protest Creation of SIDs was never.recorded. An updated waiver will need to be recorded by you after review by City staff. The updated waiver should apply to the remaining un-platted phases and any platted parcels currently owned by the developer. Please provide a legal description of those properties so that staff can incorporate them into the Waiver document. Park Plan: • Sheet G-2: Show the missing portions of the trail. • Add a note on the park plan that states all trees shall not be located within 10 ft of the sewer main and any fire hydrants. It is likely the watercourse tree plantings, referred to on Sheet P-2 and shown in Exhibit B of Appendix 1.4, will need to be adjusted to provide the minimum clearance to the sewer main. On Sheet P-2, one of the street trees on Tschache Lane appears too close to the sewer main. On Sheet P-3,three trees appear to be right on the sewer main. • In addition to the easements, etc. that were added to the park plan, show the sewer main and manholes, and the all-weather access roads to the manholes. Also, show the outlet structure, and inlet and outlet pipes for any storm ponds where trees are to be located, i.e. the storm pond on Sheet P-2. • Sheet P-2: The trail is shown going around the wetland areas to Hunters Way. However,all of the Figures, as well as Exhibit B of Appendix 1.4, show the trail going through the wetland areas. Which is correct? Revise as necessary. • Sheet P-3: Revise the location of the park area and northern trail connection to Hunters Way. Move them south one lot to match the Phase 3 final plat and infrastructure plans. • Sheet P-4: Show the trail connection at the intersection of the sidewalks at Winter Park Street and Davis Lane. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission. Condition #6, Density Cap: • As previously indicated, you need to describe how you are complying with the density cap of 690 dwelling units. Condition#6 stated - The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Page 3 Condition 97, Final PUD Information: • Table 3.5a does NOT provide the required break down of dwelling units by phase, type and number. This new table could probably be designed to also address the requirements described above for park land (Chapter 3.d6, page 3-5 and Chapter 6.e, page 6-19). This new table should probably be included in Chapters 2, 3 and 6. Condition #10, Landscape Plan: • Landscape Plan needs to comply with Section 18.78.100. o Scale cannot be less than 1 inch equals 100 feet. o The provision of a permanent automatic irrigation system needs to be noted. o The location of the well(s) needs to shown. o Stormwater facil;l s in open space need to be shown, and appropriately landscaped. o Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak. o Street vision triangles measured from curb lines need to be shown. o Documentation of open space landscaping points needs to be readdressed in accordance with the UDO. Only 5 points can be achieved per yard, and the calculation should use Columns A and B. o Planting height of evergreen trees needs to be shown. o It appears that 5 boulders will need to be added. o A note needs to be added that the watercourse setback planting plan is found in Appendix 1-4. o Sheet G-2 needs to show all open space areas in green. o Sheets LS-I, LS-2, and any other relevant sheets: Show the detention and retention ponds. Trees may not be located within these ponds. o Add a note that states all trees shall not be located within 10 ft of any utility line, street light or fire hydrant. • Street Trees: o Location of curbs and sidewalks need to be shown along Baxter, Davis and Oak. o Need to be shown in rights of way between the sidewalk and the curb. Unable to . differentiate between street trees and open space landscaping. o Grass, irrigation and street trees shall be provided in the public rights of way between curbs and sidewalks. o The species selection for boulevard plantings for.this project is OK, except for where Black Ash (Fraxinus nigra) and Crabapples (Malus.sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. It appears that Crabapples are still proposed along Oak Street. A note needs to be included on Sheet G-2 that indicates that the Park Plan provided herein is not approved with this PUD landscaping plan but is subject to the review and approval of the Park and Recreation Superintendent, unless it is his determination that it requires the 5-111 review process and approval by City Commission, prior to final plat approval. Condition #18, Construction of Affordable Housing: • The response to Condition 418 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #1, 43 and #5. As previously stated, you must either change your response to demonstrate compliance with the conditions or you must apply for a Modification to the PUD to change these conditions of approval. Page 4 Please submit this information in a complete and comprehensive packet and upon receipt the information will be reviewed to determine if the all the required information has been provided in sufficient detail. A determination that an application contains 'sufficient information does not ensure that the proposed application will be approved or conditionally approved by the City Commission, and does not limit the ability of the City of Bozeman to request additional information during the review process. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, 'Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and-procedures specified in Chapter 3.24, BMC will automatically. disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, _ Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 Page 5 i Inter-office Original to: • City of Bozeman Planning Department P.O.Box 1230 Bozeman,MT 59771-1230 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a residential Planned Unit Development with proffers from Cascade Development, Inc. that included the construction of affordable housing in exchanged for relaxation of standards to permit such things as apartments and assisted living units as allowed uses in the R-3 zone; and WHEREAS, the subject property is legally described as a portion of the NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, consisting of— 161 acres.; and WHEREAS, the Conditional Use Permit is subject to the following conditions, code provisions and relaxations: On May 24, 2004, West Winds PUD was granted conditional approval for a 161.30 acre development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots subject to 35 conditions and numerous code provisions, and with the following seven relaxations from the City of Bozeman Municipal Code: a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R-3" zoning district; c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d) 18.42.040.13 "Block Length"to allow the block lengths to exceed 400 feet; e) Section 18.42.040.0 "Block Width"to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 1 OF 15 streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. May 24, 2004 Conditions: 1. A trail shall be constructed connecting from 27t' Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27`h Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 2 OF 15 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 271n Avenue and Davis Lane. 13.No lots shall be platted Within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall 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. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 3 OF 15 Harvest Creek. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one, half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the.street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 4 OF 15 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. May 24, 2004 Code Provisions: • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27th Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`h once it is completed. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 5 OF 15 . s s • The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design.and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 6 OF 15 i i • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has b--en provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 7 OF 15 I I • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. . • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. i • Plans and Specifications for streets,and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 8 OF 15 • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study.shall address the left,turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment o_-"all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 9 OF 15 but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. On July 5, 2005, the City 'Commission conditionally approved the requested modification to Conditional Use Permit for a Planned Unit Development application for the 161.30 acre development legally described as NW'/4, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane, Oak Street, 271h Avenue and Fowler Avenue. The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: Condition#27: The Seel n 42 n&,-dable Housing and the Assisted Living,ng s depi tee in the plan, shall remain in the PUD r (Deleted by City Commission) Condition #31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable ceetien 42 housing lots so long as it includes some very low income housing. (Amended by City Commission) The modification also allows the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: July 5, 2005 Conditions: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (I 8.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or West.Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 10 OF 15 off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the"affordable housing parcel". On September 6, 2005, per May 24, 2004, condition of approval #6, the City Commission approved the West Winds Final PUD Plan as submitted with a modification to the trail crossing at the intersection of Hunter's Way and Oak Street as recommended by the Design Review Board (Z-04050). At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation 41 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. October 1, 2007 Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail shall be constructed connecting from 27`h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and t_ze Regional Park"; the original PUD condition of approval 41 shall be modified as follows: A trail shall be constructed connecting from 271h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be signed and striped. 3. In keeping with the intent of the original PUD condition of approval #11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 11 OF 15 4. In keeping with the intent of the original PUD condition of approval 420, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Av--nue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval 422, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval 922 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval 434 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in-lieu in accordance with Chapter 18.50,BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate .he number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall b2 shifted to the south to align the trail corridor and provide a direct trail connection to the west. 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 12 OF 15 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they.understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. That the right to a use and occupancy permit shall be contingent upon the fu=fillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 13 OF 15 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and .price restricted for affordable housing only.. (As amended by City Commission) October 1, 2007 Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. WHEREAS, 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. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. NOW, THEREFORE, BE IT HEREBY KNOWN, that all of the above-noted conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a residential Planned Unit Development. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 14 OF 15 DATED THIS DAY OF ,2008. PROPERTY OWNER John Dunlap Cascade Developmeni,:Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be the Owner of Cascade Development, the corporation that executed the within instrument, and acknowledged to.me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 15 OF 15 E N G�"' January 31, 2008 920 Technology Boulevard Rec. No. 04S067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Ms. Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box 1230 Bozeman MT, 59771 D [E LF! RE: West Winds Plamled Comrnunity J 1 2008 Modified Final PUD Submittal DEPARTMENT OF PLANNING Z-07028 AND COMMUNITY DEVELOPMENT Dear Ms. Windemaker: On behalf.of Cascade Develop:ment;..Jnc:, HKM Engineering responds to your January 3 & :January. 8,:2008 comments as follows. . Your comment is in standard text, HKM response is italicized._... I Even though.Cascade Dev'elopment Inc.has submitted a modified Final PUD Submittal, Cascade ..Development Inc:-reserves all of its constitutional, statutory, regulatory and other legal rights to appeal any.finaLdeterrriination:by the City of Bozeman for this or other issues. Figures: 1.2, needs: To.show'park connection between linearpark and trail park.moved to the south. Revised as requested. White strip on the.N. side of linear park changed to green. Revised. Title changed to Open Space Plan. Revised. Any references to specific figures in the.document need to be changed as appropriate (first paragraph on Page 1-5). References revised. 1.2A, needs: White strip on the'N. side of linear park changed to green. Revised. Title changed to Open Space Plan. Revised. 2.1, needs: To show park connection.between linear park and trail park moved to the south. Revised. White strip on the-N. side of linear park changed to green. Revised. `. Multi family title removed:from community center designation title. Revised.Title changed to PUD Plan. Revised. Dwelling unit numbers do not match Table 2.4 (3.1 and 6.1), which iscorrect? Table 2.4 is correct,figure 2.1 has been revised. 2.1 A, needs: BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN.WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Ms. Lanette Windemaker� West Winds Final PUD January 31, 2008 • Page 2 of 8 Have white strip on the N. side of linear park changed to green. Revised. Have multi family removed from community center designation. Revised. Title changed to PUD Plan. Revised. 2.3, needs: Title changed to Land Use Map. Any references to specific figures in the document need to be:changed as appropriate (Page 2-10). Revised. 2.4,needs: 'To show park connection between.linear park and trail park moved to the south. Revised. White strip on the,N. side of linear park changed to green. Revised. Copy in Chapter 1 appears to be unnecessary—please remove.Assume referencing Figure 1.2; which is.-identical except phasing lines are shown on figure 2.4. Also figure -1.2 is referenced in text, therefore we elected to leave figure in place. 3.1, needs: To show park connection-between linear:park and trail park moved to the south. Revised. White strip on the N. side of linear park changed to green. Revised. 3.1 A, needs: White strip on the N. side of linear park changed to green. Revised. 5.1, needs: To show park connection between linear:park and trail park moved to the south. Revised. White strip.on the N. side of linear park changed to green. Revised. 5.3, needs: • Updated underlying parcelization map. Revised. 6.1 needs: White strip:on the N. side of linear park changed to green. Revised. 6.2 needs: White strip on the N. side of linear park changed to green. Revised. 6.3 needs: White strip on the N. side of linear park changed to green. Revised. Show the detention pond on the north side of Breeze Lane per the Phase 3 infrastructure plans. Subject detention pond is temporary and will be replaced with future subdivision phase. Therefore, detention pond not shown. Detention Pond no.l near Oak St and Davis Lane is no longer shown. What's happening with that storm water? Through the Oak Street design process and working with Engineering pond was consolidated with pond to east adjacent to Cattail Creek. 6.3a needs: Show 1.5 ft max water depth in the pond section. Revised. Clarify note 2. What is meant by`stormwater will not be routed directly through the pond'?.To improve the maintenance (ease of mowing) of the ponds control manholes with orifices will be used so that only flows greater than a 10-year pre-development event will be retained in the pond. 6.4 needs: White strip on the N. side of linear park changed to green. Revised. Note condition no..12 regarding the portion of Breeze Lane from Windward Ave to Davis Lane.Note added. H:\04\S067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 2 Ms. Lanette Windemaker• West Winds Final PUD January 31, 2008 Page 3 of 8 6.6 needs: White strip on the N. side of linear park changed to green. Revised. Chapter 1: • Remove duplicate Figure 2.4. Figure znot removed, was renamed per previous comment to "Open space Plan", Figure 2.4 is "Phasing Plan". • Remove-duplicate Figure.1.1. Figure not removed, Figure 1.1 is only vicinity map in application Chapter 2: • Page 2-1 Primary Plan Elements-refers to Figure 2.2 when Figures 2.1 and 2.1A appear more relevant. Revised as requested. • Page 2-6 - The information noted in HKM's response letter to condition no. 4 is not shown.HKM's response to condition no. 4 is shown on page 2-7. • Table 2.1 -the narrative for Tschache Lane and the footnote has been updaled for condition no. 4. However, the full access intersection at Davis and Vaquero is Winter Park not Tshache. Note Table 6.3 has not been updated. Also, the improvements on Hunters.Way include `Bike Route' signage instead of a bike lane. Also see Page 3-2. Tables 2.1 & 6.3 revised to address Vaquero. The Trails/Walks/Bikeways section on page 3-2 was revised • • Irrigation-needs to note Condition#5. Footnote added page 2-10. •_ Zoning-statement is incorrect. Change reference to Zone B-2. • Table 2.4 (3.1 and 6.1) does not have the same number of DUs as Figure 2._, which is correct? Table 2.4 is correct Figure 2.1 revised. • Table 2.4 (3.1.and 6.1) needs to break down Residential, Multifamily into Affordable and 'Standard. Revised, added RSL's to tables 2.4 and 6.1. Table 3.1 not applicable to RSL's. • Table 2.4 (11 and 6.1) need to add the additional language (congregate care) after Skilled Nursing Facility. Revised, the words congregate care added. • Condition#7 requires that Table 2.4 also demonstrate density less congregate care units. See note#2.on Table;2.4; total excluded skilled nurse facility, therefore total density excludes congregate care: Chapter 3: • . Appendix B? Where is this located in this document? West Winds PUD is comprised of three binders (Part I-Final PUD Application, Part II- Covenants, Part III- Appendices)see Part II Appendices. • Need a list of Cascade Development=-partners, officers, directors., owners, etc. List of officers added to page 3-1. •. Table 3.1 (2.4 and 6.1) does not have the same number of DUs as Figure 2.1, which is correct? Table 3.1 is correct Figure 2.1 has been revised. • Table 3.1 (2.4 and 6.1) needs to break down Residential, Multifamily into Affordable and Standard. Revised, added RSL's to tables 2.4 and 6.1. Table 3.1 not applicable to RSL's. HAMS067125',Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 3 f • Ms. Lanette.Windemaker• West Winds Final PUD January 31, 2008 • Page 4of8 • Table 3.1 (2.4 and 6.1)need to add the additional language (congregate care) after Skilled Nursing Facility. Revised, the words congregate care added. • Table 3.2 (6.4) should have true gross area, with a subtraction of the water course setback area shown. Table revised as requested. • Table 3.2 (6.4) only indicates 18.66 acres of net park land, but Table 3.1 (6.5) requires 19.77 acres of park land. How is this being reconciled? On a subdivision phase by phase basis the parkland provided verses parkland required will be monitored. Should it be determined that additional parkland is needed the differential will be provided through cash-in-lieu in compliance with Section 18.50.030. Page 3-5 discusses the use of cash- in-lieu for parkland. • d6. Need to.discuss responsibility, timing and process for payment of Cash in Lieu of Park Land. Paragraph revised to address cash-in-lieu for parkland. • V. Need to include a copy of affordable housing commitment letter previously submitted if it is still valid, if not need to document that it is no longer valid. Letter no longer valid, affordable parcel has been sold. • V. Need to discuss responsibility, timing and process for construction of affordable housing. Paragraphs add to page 3-6 and 3-7 to explain compliance'with PUD performance points. • V. Need to discuss responsibility, timing and process for payment of Cash in Lieu of Open Space. Paragraphs add to page 3-6 and 3-7 to explain compliance with PUD . performance points. • Table 3.4, title needs to be corrected from Proved to Provided. Typographic error corrected. • Table 3.5, needs to demonstrate exactly how much open space will be paid for with final plat of each phase. What if they don't occur in the order shown? Table 3.5 as shorn does provide the amount of open space to fu fill PUD performance points for each subdivision phase: If the subdivisions do not occur in order shown it is a simple matter of using the "Excess PUD.Points" row on the table to calculate the quantity of open space required. • Need a new table (3.5a);to demonstrate what the entire gross acreage of each phase is used for: gross acres, right of way;gross dedicated park (all subsets: net dedicated park, transportation corridor, watercourse setback, open space, etc.), open space (all subsets: stormwater facilities, watercourse setback, transportation corridor, etc.) and lots (all subsets: (Senior multi family, skilled nursing, multi family standard, multi family affordable, etc.) This information specifically on park and open space acreage needs to be included with the landscaping plan.A detailed table.3.5a was added. All the "subsets" were not added because they are included in other categories such open space causing the table to be convoluted and un-useable. • Page 3.11, density not the same as found on Table 2.4, which is correct? Table 2.4 correct page 3-11 corrected. • e. Does not adequately address 18.42.180. 1 would suggest that you simple state that each phase will be responsible for complying with this section, as required by the UDO. • Section revised as requested. H:\04\5067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 4 Ms. Lanette Windemaker• • West Winds Final PUD January 31, 2008 • Page 5 of 8 • n. Appendix C? Where is this located in this document?Located in the Part III— Appendices book on record with your office. Chapter 4: • c. Incorrect statement that needs to be corrected here and in the recorded covenants. R-4 zone reference deleted. Correction to R-4 in covenant will made.with next covenant modification and filing. • Need to include a copy of the recorded covenants.A recorded copy of the covenants are on record with the.City Planning Office Chapter 5: • Page 5-6—update the narrative and footnote per condition no.5. Also, see Pages 2-9 and 5-4. Revised as requested. • Figures 5.2, 5.4;and 5.5 no longer show the aerial photo background. Aeria!background added to figures. Chapter 6: • Table 6.1 (3.1 and 2A) does not have the same number of DUs as Figure 2.1_ Which is correct? Figure 2.1 was corrected, Table 6.1 was correct. • Table 6.1 (3.1 and 2.4) needs to break down Residential, Multifamily into Affordable and Standard. Revised as requested. • Table 6.1 (3.1 and 2.4) need to add the additional language(congregate care)after Skilled Nursing Facility. Text added. • Total Estimated Dwelling Units does not add correctly. See note�?ontable 6.1, total excludes senior assisted. • Table 6.4 (3.2) should have true gross area, with a subtraction.of the water ceurse setback area shown, and other subtraction as required (May, 2004 Condition#30). Revised as requested. • Table.6.4 (3.2) only indicates 18.66 acres of net park land, but Table 6.5 (11) requires 19.77 acres of park land. How is this being reconciled? Cash-in-lieu of-park-land will be used for the difference if additional is needed. P e. Needs to discuss timing and process for payment of Cash in lieu of Park Land. On page 649 it.is noted that cash-in-lieu of parkland will paid on a subdivision phase by phase basis. .• Page 6-14—update the narrative per condition no.1. Also, verify and update the footnotes. The references don't seem correct. The community trail bullet on page 6-I5 was revised to more closely mimic condition #L .• Page 6-14—is a community center still proposed within the park land or does that term refer to something else? The park is the community center. • Figure 6.5 does not show Tschache Lane and Winter Park St aligning with the streets west of Davis Lane. Figure revised to align. • f. Please update to indicate construction of new fire station. Revised as requested. H:\04\S067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 5 Ms. Lanette Windemaker• • West Winds Final PUD January 31, 2008 Page 6 of 8 Appendix 1.1 and 1.2: • Figures 1.2 and 1.2A are not acceptable final PUD plans. The full size plans need to be the corrected versions of Figures 2.1 and 2.1A. Revised as requested, Figures 2.1 and 2.1a labeled as PUD Plan have been inserted into Appendices 1.1 and 1.2. Appendix 1.3: • Need a list of Cascade Development—partners, officers, directors, owners, etc. Provided on page 3-1. • Page 3 of Site Plan Checklist, Item B.3. —what is Phase D? Typo, intended to state addressed in phased subdivision applications. • LW needs to provide Cascade with CUP condition document, which must include ALL conditions. Hard copy sent in mail. So noted, signed copy included in appendix 1.3. • Provide a copy of the recorded Waiver of Right to Protest SIDs.It appears the waivers were never filed, simply the originals provided to City. The waivers provided were not in a typical filing format, no return address on the upper left hand corner. We-can certainly final the waivers if you want to return the originals. Appendix IA: • Watercourse setback planting plan only applies to Phase 1. Plan has been updated to j include entire length of'cattail creek through project. The up-date is in the,form of a supplement,prepared by Lynn Bacon with PBSJ. • The watercourse setback in Phase 7 needs to be addressed. So noted and addressed. Appendix 1.5 • Include Sign.Plan Exhibit 1 Checked original approved application, exhibit I never existed nor was it referenced in plan, reference to exhibit I deleted. Park Plan • Show the sewer main and easement, and storm drainage easements in addition to the detention/retention ponds. Easements added as requested. • Sheet P-2 - Show the Hunters Way trail crossing at the intersection of Winter Park..So noted, and revised. • Sheet P-2 - Show the Phase 3 detention pond on the north side of Breeze Lane. So noted, and revised. • Sheet P-3 —The park area and trail crossing on Hunters Way doesn't match what was platted or the Phase 3 infrastructure plans. So noted, and revised. • Sheet P-4—Show the trails connecting at the intersection of the sidewalks at the street intersections. So noted, and revised. Condition#2: Trail and trail crossings at intersection crosswalks • On all exhibits that show the trail, depict the crossings along Winter Park St at Hunters • Way, Windward Avenue, and Davis Lane at the intersection crosswalks. The trail crossings along Tschache Lane at N 271h Ave, Tempest Court, Gale Court, and Buckrake H:\04\S067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 6 Ms. Lanette Windemaker• i West Winds Final PUD January 31, 2008 • Page 7 of 8 Ave were to have been installed to intersect with the junction of the sidewalks at these intersections: So noted,.we have depicted trails to use sidewalk ramps. Due to the large scale of the project it is not practical to show every trail/HC ramp detail. Condition #3: Stormwater Pond Design. • Figure 6.3, shows stormwater ponds that occupy more than 1/3 of the front yard setback. How does this meet the condition? Revised figure 6.3 so that the 25 foot front yard setback on Baxter Lane is not more than 113 used by detention pond. Condition#4: Street Pattern • Show the information noted in HKM's response letter to Condition#4. Also, edit Tables 2.1 and 6.3 as necessary. Tables revised as requested. Condition#6: Density Cap. • Due to discrepancies between Figure 2.1 and Tables 2.4, 3.1, and 6.1, unable to determine'maximum number of proposed dwelling units. Is it 711 or 699? Tables and figures reconciled, 711 dwelling units excluding congregate care proposed. • 711 would require 19.77 acres of park land, 699 would require 19.42 acres of park land. 19.77 acres required. As project is developed we will monitor dwelling unit counts and provide cash-in-lieu of parkland as needed. • • How are you proposing to provide the required extra amount of park land and the . affordable housing units to meet the proposed number of dwelling units? As addressed above, cash-in-lieu of parkland will be used to supplement dedicated park and a phased subdivision basis. Condition,#7: Final PUD Information. • Need to include a break down of dwelling units by phase, type and number. This would help to verify the numbers in Figure 2.1 and Tables 2.4, 3.1, and 6.1, and probably should be found in each of those sections.An additional table 3.5a has been added that provides the requested detail. Condition# 9: Trail Connection • This alignment is not obvious or consistently shown on all exhibits. Also, see comment to Condition#2. The trail is shown graphically on figure 6.6 and discussed in !ext on page 6-14. Condition#10, Landscape Plan: The comments below have been addressed in the revised landscape plan by Mary Keck the landscape designer. • Landscape Plan needs to comply with Section 18.78.100. • Park Plan needs to comply with Section 18.78.060.P. • Irrigation system and wells for park and open space need to be located and discussed. • Open Space needs to be landscaped to meet Section 18.48 standards, not including street trees. HAMS067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 7 u Ms. Lanette Windemakere West Winds Final PUD January 31, 2008. Page 8 of 8 • Landscape Plan needs to document how open space landscaping is achieving 23 points. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is.his determination that it requires the full review process and approval by City Commission. • The species selection for boulevard plantings for this project is OK, except or where Black Ash (Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. • Watercourse setback planting plan only applies to Phase 1. The watercourse setback in Phase 7 needs to be addressed, and to comply with the UDO. • Need to include the.information from new table(3.5a), which demonstrate how.the entire gross acreage of each phase is being used: gross acres, right of way, gross dedicated park (all subsets: net dedicated park, transportation corridor, watercourse setback, open space, etc.), open space (all subsets: stormwater facilities, watercourse setback, transportation corridor, etc..) and lots (all subsets: (Senior multi family, skilled nursing, multi family standard, multi family.affordable, etc.). Specifically, the information on park and open space acres must be included. Condition#18, Construction of Affordable Housing: • • The response_to Condition#18 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #1, #3 and #5. • You must either change your response to demonstrate compliance with the conditions or you must apply for a-Modification to the PUD to change these conditions of approval. If you have any questions, please do not hesitate to call our office. . Sincerely, HKM Engineering Inc. nt Litle, P.E. Senior Project Engineer Cc: John Dunlap Art Wittich Enclosure(s) • HAWS067125\Revised PUD\West Winds PUD Final PUD Plan Review Clint Response.doc 8 CITAF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phcne 406 582 2260 ��. Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771.1230 www.bozemon.net January 10, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Phase 4-8 Subdivision Preliminary Plat (P-07028) Dear John: Please find enclosed the original of the Findings of Fact and Order. As you are probably aware, you have three years to file the Final Plat, which would be October 1, 2010. Prior to that expiration date, the subdivider may submit a letter of request for an extension period up to one year. If you have any questions or concerns, please feel free to contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, II_ � 1 Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF CASCADE DEVELOPMENT INC., OWNERS, FOR PRELIMINARY FINDINGS APPROVAL OF THE PLAT OF WEST WINDS PUD PHASES 4-8 OF FACT SUBDIVISION AND ORDER This matter came before the Bozeman City Commission on October 1,2007,for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to subdivide — 85 acres as single- and multi-household lots with a church lot, streets, park and open space areas, as submitted in its original form on May 7, 2007, (#P-07028). The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so,and therefore,being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On May 7,2007,the applicant/owner,Cascade Development Inc. (John Dunlap), 1627 West Main Street, #223, Bozeman, MT 59715., submitted an application for approval to subdivide the West Winds PUD Phases 4-8 Subdivision, a major subdivision to develop up to 220 single- and multi-household lots with a church lot, streets,park and open space areas,on—85 acres of property zoned R-3 (Residential Medium Density District). The property is legally described as a portion of the NW 1/4, Section 2,T2S, RSE,PMM, City of Bozeman, Gallatin County,Montana. The letter of i i I extension of Section 48.06.040, BMC from Cascade Development Inc. was received on May 25, 2007. The required acceptability letter was sent on June 20,2007. The required adequacy letter was mailed on August 3, 2007. II. The preliminary plat was reviewed by the DRC on June 27,July 11 and 18, and August 15, 2007. The comments of the Development Review Committee, along with those of Planning & Community Development Staff,were incorporated into a Staff Report with suggested conditions of approval, which was provided to the Bozeman Planning Board. III. Notice of the time and date of the public hearings was posted at the site. The notice was mailed to all adjoining property owners by certified mail on August 17,2007. Notice of the time and date of the public hearings was published in the Bozeman Daily Chronicle on August 19 and 26, 2007. Said notice also served to inform interested persons that materials were available for review at j the Bozeman Planning & Community Development Department. I The Bozeman Planning Board considered the application at its regular meeting on September 5,2007. The Planning Board found that the application was properly submitted and reviewed under the procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the evidence, which justified the imposition of conditions. The applicant made a formal presentation in favor of the requested subdivision. The Planning Board then opened the public hearing.No members of the public were present speaking in favor of or opposition to said Major Subdivision Preliminary Plat.The Board closed the public hearing. The Board discussed the fire station requirement, street lights, affordable housing, layout,and the requested height relaxation.The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend approval of the subdivision with the conditions as recommended by Staff, passed on a vote of 5 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on October 1, 2007, at which time the recommendation of the Planning Board, presented in Planning West Winds PUD Phases 4-8 Subdivision:Findings of Fact 2 of 16 Board Resolution# P-07028, and information compiled by City staff was reviewed. The applicant made a formal presentation in favor of the requested subdivision,and indicated agreement with the proposed conditions. There was no comment from the general public. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A. Effects on agriculture, agricultural water user facilities, local services, the natural environment,wildlife and the wildlife habitat, and public health and safety. 1. - Effects on Agriculture. The property is annexed,and has been zoned and master planned for residential development for many years. 2. Effects on Agricultural Water User Facilities. The applicant must ensure that no agricultural water user facilities or neighboring agricultural uses will be impacted by this development. 3. Effects on Local Services. Water/Sewer: The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection,post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior substantial completion and City acceptance of required water and sewer infrastructure improvements,unless otherwise permitted under the BMC. Water and sewer main extensions must be completed or financially guaranteed prior to final plat approval. The City needs to acquire water rights to keep up with the growing demand for municipal water service. In keeping with the City's annexation policy,water rights or cash-in-lieu must be paid prior to final plat approval. Police/Fire: The property is within the City's Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. In November 2006,the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. The plan strongly identified the immediate need for an additional fire station in the northwest quadrant of the city(between Flanders Mill and 27t" and between Durston and Baxter). To this end, the Fire Department has chosen an architect, added additional firefighting personnel and is West Winds PUD Phases 4-8 Subdivision: Findings of Fact 3 of 16 • � .,S actively pursuing long term funding for personnel and equipment. We have,however,been unable to find a suitable location for Fire Station 3. West Winds Subdivision Phases 4-8 is central in the service area of the new fire station and is outside of the service area of the City's existing fire stations. Until such a time as we are able to secure an appropriate fire station site within the area defined in the Master Plan, we are unable to approve any additional development in this area.Accordingly,we request that the following condition of preliminary plat approval be applied to West Winds Subdivision Phases 4-8: Plat #14. Final plat approval for West Winds Phases 4-8 shall not be granted, nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence,until an appropriate fire station site within the area defined in the Master Plan (i.e., between Flanders Mill Road and North 27`h Avenue, and between Durston Road and Baxter Lane) has been secured. Streets: Access to the subdivision will be from Oak Street,Baxter Lane,Davis Lane,Hunters Way,North 27`h Avenue and proposed interior streets.The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior substantial completion and City acceptance of required street infrastructure improvements, unless otherwise permitted under the BMC. Street improvements,including lighting,must be completed or financially guaranteed prior to final plat approval. Stormwater Management: The standard requirement for a Stormwater Master Plan applies to this project. The standard code requirements apply,including the requirements for plans and specifications,detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior substantial completion and City acceptance of required stormwater infrastructure improvements, unless otherwise permitted under the BMC. p Stormwater improvements must be completed or financially guaranteed prior to final plat approval. 4. Effects on the Natural Environment. Applicant has entered into an agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. Based on the geotechnical information provided, staff is recommending that the following note shall be included on the final plat: "Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended." 5. Effects on Wildlife and Wildlife Habitat. Due to its historical uses and the development of surrounding lands,no significant adverse West Winds PUD Phases 4-8 Subdivision: Findings of Fact 4 of 16 effects on wildlife or their habitat have been identified on the property. 6. Effects on Public Health and Safety. Because municipal sewer will service future development in the subdivision, the threat of groundwater degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated natural or man-made hazards on this property. The intent of the regulations in the Bozeman Municipal Code is to protect the public health,safety and general welfare. The subdivision has been reviewed and determined to be in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision complies or will comply with survey requirements of the Montana Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. The following requirements are standards of the Bozeman Municipal Code and shall be addressed on the final plat: a. Pursuant to Section 18.42.040,a right-of-way for a pedestrian walk,not less than 10 feet wide, shall be required to ensure that no blocks exceed 600 feet. Unless fie pedestrian right-of-way is a minimum of 30 feet wide,the setback adjacent to it shall be a minimum of 15 feet. These rights-of-way and a note shall be on the final plat denoting specific locations, subject to review and approval of the Planning Department. b. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. c. Pursuant to Section 18.42.150, street lighting, including pathway intersection lighting, shall be provided. d. Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement. The RSL designation shall be recorded on the individual lots in a West Winds PUD Phases 4-8 Subdivision: Findings of Fact 5 of 16 i manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180.Notes describing RSLs shall indicate the correct section of the code. e. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts(SIDS)for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plan. f. Covenants, restrictions, and articles of incorporation for the creation of a homeowners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public pathway/trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. g. Prior to final plan approval,a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. h. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board,prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P. i. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received,a platting certificate,and all required and corrected certificates. The Final Plat application shall include four(4)signed reproducible copies on a 3 mil or heavier stable base polyester film(or equivalent);two(2)digital copies;one (1) PDF copy; and five (5) paper prints. j. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions,two years for single- phased maj or subdivisions and three years for multi-phased maj or subdivisions. Prior to that expiration date,the subdivider may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The City Commission may, at the written request of the subdivider, extend its approval for no West Winds PUD Phases 4-8 Subdivision: Findings of Fact 6 of 16 more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in §18.74.060, BMC. k. If it is the subdivider's intent to file the plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the subdivider shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 1. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal.This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. A preliminary plat application was submitted on May 7, 2007. The letter of extension of Section 18.06.040, BMC was received on May 25, 2007. The required acceptability letter was sent on June 20,2007. The preliminary plat was reviewed by the DRC on June 27,July 11 and 18,2007. The required adequacy letter was mailed on August 3,2007.On August 15, 2007, the fourth and final week of DRC review, a conditional recommendation was forwarded for consideration by the Planning Board and City Commission. The hearings before the Planning Board and the City Commission have been properly noticed, as required in the Bozeman Municipal Code. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 19 and 26, 2007. The site was posted with a public notice on August 17,2007. Finally,notice was sent to adjacent property owners via certified mail, and to other property owners of record within 200 feet of the subject property via first class mail, on August 17, 2007. The subdivision staff report was drafted and forwarded with a recommendation of conditional approval to the Planning Board for consideration at its September 5,2007,public hearing. The City Commission will make a final decision at the October 1, 2007 public hearing. A final decision for a major subdivision from a tract of record must be made within 60 working days of the date it was deemed adequate or in this case by October 30, 2007. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. West Winds PUD Phases 4-8 Subdivision: Findings of Fact 7 of 16 Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be provided unless written confirmation is submitted to the Planning Department from ALL utility companies providing service indicating that front yard easements are not needed. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. All lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public hearing,the City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Montana Subdivision and Platting Act,and Title 18 of the Bozeman Municipal Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE,IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the West Winds PUD Phases 4-8 Subdivision, for Cascade Development Inc., be approved subject to the following conditions: 1. With a proposed block length of— 1,080 feet from Breeze Lane to Tschache Lane, the street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 2. With a proposed block length of—975 feet from Oak Street to Vaquero Street,the street pattern in West Winds shall be designed to provide a street connection of Breeze Lane extended to a partial access intersection at Davis Lane, final location subject to Engineering and Planning Department review and approval. I Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet. Block lengths shall not exceed 600 feet without a public right of way with pedestrian walkway. 4. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width.Block widths shall not exceed 600 feet without a public right of way with pedestrian walkway. West Winds PUD Phases 4-8 Subdivision: Findings of Fact 8 of 16 5. The remainder of the original tract of record (and of each phase of the subdivision)) shall be platted as an undevelopable lot in accordance with §18.74.080.B.6, BMC, with the following language placed on each undevelopable lot of the final plat"Lot development subject to further subdivision review."No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction.The following language shall either be placed on the face of the plat or in a separate executed document to be recorded with the final plat. NOTICE IS HEREBY GIVEN to all potential purchasers of Lot X,of XXXXX Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 18.74 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision,and no development of this lot shall occur until all on and off- site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED,that Building Permits will not be issued for Lot of XXXXX Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman.No building or structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." 6. The approved park master plan shall be amended to address any additions,revisions or changes from the previous approval as well as the relocation of the trail corridor, locations of sewer mains,stormwater facilities and all easements,and shall be approved by the Park and Recreation Superintendent,prior to Final Plat approval.In addition,the park master plan shall document the current status of the park areas, phasing and number of dwelling units. 7. The covenants shall address street trees,and shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball,that the root flare of the newly planted tree is visible and above ground,and there should be a mulch ring 3' -4' in diameter around each newly planted boulevard tree. 8. Note 6 on Phase 6 shall be removed or corrected— a church is not limited commercial, it is a community center. 9. All subdivision final plats shall comply with the final approved PUD plan and Development Guidelines for the West Winds Planned Unit Development. 10. A note shall be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements for Lot 12,Block 7 have been met for 48 dwelling units,at the time of subsequent development,when net residential density becomes known,cash- West Winds PUD Phases 4-8 Subdivision: Findings of Fact 9 of 16 in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 11. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for all parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the city and maintained by the property owners association; and open space, public access,owned by the property owners,maintained by the property owners association,etc. Park land,open space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered. 12. Street lighting,including pathway intersection lighting,shall be installed by the subdivider.Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10' from any water or sewer main or appurtenance. 13. Street lighting SILD information for operation and/or maintenance shall be submitted to the Clerk of Commission directly after-Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 14. Final plat approval for West Winds Phases 4-8 shall not be granted,nor shall any preconstruction meetings be held or construction of any subdivision-related infrastructure commence, until an appropriate fire station site within the area defined in the Master Plan (i.e., between Flanders Mill Road and North 271h Avenue, and between Durston Road and Baxter Lane) has been secured. 15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City Engineer, is due with the final plat. 16. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 17. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases,the soils report may address those lots within the proposed phase. 18. All plans and specification shall comply with the current version(including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. West Winds PUD Phases 4-8 Subdivision: Findings of Fact 10 of 16 19. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 20. To support the affordability of housing: a. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. b. The minimum density of the West Winds PUD shall not be less than six dwelling units per acre. c. The number of townhouse lots may be increased at the time of final plat to comply with any increase in the number of townhouse lots on the approved final PUD plan. d. Townhouses are preferable to condos. Condos are hard to sell as homes or resell-1 as homes if some of the units convert to rentals. e. Builders of attached units shall have a FHA inspection to allow for more types•of affordable financing. f. Encourage connectivity with the Park. 21. Stormwater Master Plan: A Stormwater Master Plan for these phases of the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized detention/retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and finishes lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located in easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. 22. Plans and specifications and a detailed design report for water and sewer main extensions,streets and storm drainage facilities,prepared by a Professional Engineer(PE)registered in the state of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall West Winds PUD Phases 4-8 Subdivision: Findings of Fact 11 of 16 also be approved by the Montana Department of Environmental Quality. The Applicant shall 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 pre-construction conference has been conducted. All plans and specification shall comply with the current version(including all addenda)of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of Section 18.74.030.D of the Bozeman Municipal Code are met to allow for concurrent construction. 23. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages,and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. 24. Project phasing shall be clearly defined including installation of infrastructure. 25. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 26. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans,as well as all nearby fire hydrants and proposed fire hydrants. 27. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in- width with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. 28. Street names must be approved by the Gallatin County GIS office and City Engineering office prior to final plat approval. West Winds PUD Phases 4-8 Subdivision: Findings of Fact 12 of 16 29. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 30. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior to plan and specification approval. 32. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 33. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the Bozeman Municipal Code. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 34. All construction activities shall comply with Section 18.74.020.A.2 of the Bozeman Municipal Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 35. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior to FSP approval. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. 36. In locations where Baxter Lane and Davis Lane are being improved,the various irrigation ditches and/or streams shall be either relocated outside the right-of-way,accommodated in an approved center median, or placed in a pipe. The plan for the irrigation ditches shall be reviewed and approved by the ditch owner. 37. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation facility. West Winds PUD Phases 4-8 Subdivision:Findings of Fact 13 of 16 J 3 8. Any public street rights of way for which easements have been provided(i.e.Oak Street)shall be dedicated to the City on the Final Plat for this subdivision. The applicant shall also dedicate an additional 5 ft for the south half of Baxter Lane. 39. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 foot wide sidewalk will be required in the standard location on the development's side of West Oak Street, Davis Lane, and Baxter Lane. 40. All typical street sections,including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 41. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 42. Parking will not be allowed on West Oak Street, Baxter Lane, or Davis Lane. 43. If approved for concurrent construction, detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process. Building permits may not be issued until the plans are approved. 44. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Oak Street, Baxter Lane, and Davis Lane. 45. The Traffic Impact Study,2007 Update,indicates that the North 27t'Avenue intersections with West Oak Street and Durston Road will have level of service(LOS)at D or below prior to final build-out of the subdivision. Bozeman Municipal Code section 18.44.060.D states "All arterial and collector streets, and movements on intersection approach legs designated as arterial or collector streets,shall operate at a minimum level of service C."The improvements necessary for each phase to raise the level of service at these intersections to Level of Service C must be installed and accepted by the City of Bozeman prior to the issuance of building permits,unless approved for concurrent construction.To determine the timing of the improvements, an update to the Traffic Impact Study shall be provided with the design report for each phase.Also,the update shall identify when the exclusive westbound left turn lane at West Oak Street and N 271'Avenue shall be installed. 46. Baxter Lane and Davis Lane, along the property boundary, shall be improved, as part of this development; to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the sections built by Baxter Meadows. Where one half of a standard arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter,and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the West Winds PUD Phases 4-8 Subdivision: Findings of Fact 14 of 16 i infrastructure plan and specification review process. 47. The east half of Davis Lane from West Oak Street to Baxter Lane must be constructed and accepted by the City prior to filing the Final Plat for any phase along Davis Lane, or financially guaranteed and completed prior to issuance of building permits,unless approved for concurrent construction. The design of Davis Lane is also to address the existing irrigation ditch and provide a median. The south half of.Baxter Lane, from Buckrake Avenue to Davis Lane must be constructed and accepted by the City prior to filing the Final Plat for any phase along Baxter Lane, or financially guaranteed and completed prior to issuance of building permits, unless approved for concurrent construction. The infrastructure improvements shall include improvements to the intersections of Davis Lane at Baxter Lane and West Oak Street. 48. Each phase of the subdivision shall have a second means access. 49. Per the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Municipal Code, the intersections of Windward Ave at Baxter Lane and Breeze Lane at Davis Lane will be partial access. 50. Ensure the sanitary sewer manhole spacing provided does not exceed the maximum manhole spacing, per the COB Design Standards and Specifications Policy. 51. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 52. Hunters Way(from Baxter Lane to Oak Street)shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. This City.Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section 18.06.040.D.6 of the Bozeman Municipal Code,conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions effective from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in Title 18 of the Bozeman Municipal Code. DATED this ��day of Nov , 2007. West Winds PUD Phases 4-8 Subdivision: Findings of Fact 15 of 16 BOZEMAN CITY COMMISSION By: J f MMa or ATTEST:- Sta Ul Clerk me ��rov� Q��otprm West Winds PUD Phases 4-8 Subdivision: Findings of Fact 16 of 16 r� • CITY BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building 20 East Olive Street phone 406-582-2260 P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 plan ning@bozemon.net www.bozeman.net January 9, 2008 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Final Plan (#Z-07284/#Z-07141) Dear John: The above-referenced PUD final plan application was received on November 11, 2007, and it has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the conditions of approval, the submittal checklist and Title 18 of the Bozeman Municipal Code (BMC). The application does not contain all of the required information in sufficient detail. The following submittal materials and/or information were not provided or need to be clarified: Figures: 1.2, needs: To show park connection between linear park and trail park moved to the south. White strip on the N. side of linear park changed to green. Title changed to Open Space Plan Any references to specific figures in the document need to be changed as appropriate (first paragraph on Page 1-5). 1.2A, needs: White strip on the N. side of linear park changed to green. Title changed to Open Space Plan. 2.1, needs: To show park connection between linear park and trail park moved to the south. White strip on the N. side of linear park changed to green. , Multi family title removed from community center designation title. Title changed to PUD Plan. Dwelling unit numbers do not match Table 2.4 (3.1 and 6.1), which is correct? 2.1 A, needs: Have white strip on the N. side of linear park changed to green. Have multi family removed from community center designation. Title changed to PUD Plan. 2.3, needs: Title changed to Land Use Map. Any references to specific figures in the document need to be changed as appropriate (Page 2-10). 2.4, needs: To show park connection between linear park and trail park moved to the south. planning • zoning • subdivision review • annexation . historic preservation • housing . grant administration • neighborhood coordination White strip on the N. Siff linear park changed to green. • Copy in Chapter 1 appears to be unnecessary—please remove. 3.1, needs: To show park connection between linear park and trail park moved to the south. White strip on the N. side of linear park changed to green. 3.1 A, needs: White strip on the N. side of linear park changed to green. 5.1, needs: To show park connection between linear park and trail park moved to the south. White strip on the N. side of linear park changed to green. 5.3, needs: Updated underlying parcelization map. 6.1 needs: White strip on the N. side of linear park changed to green. 6.2 needs: White strip on the N. side of linear park changed to green. 6.3 needs: White strip on the N. side of linear park changed to green. Show the detention pond on the north side of Breeze Lane per the Phase 3 infrastructure plans. Detention Pond no.l near Oak St and Davis Lane is no longer shown. What's happening with that storm water? 6.3a needs: Show 1.5 ft max water depth in the pond section. Clarify note 2. What is meant by `stormwater will not be routed directly through the pond'? 6.4 needs: White strip on the N. side of linear park changed to green. Note condition no. 12 regarding the portion of Breeze Lane from Windward Ave to Davis Lane. 6.6 needs: White strip on the N. side of linear park changed to green. Any references to specific figures in the document need to have the titles changed as appropriate.. Chapter 1: • Remove duplicate Figure 2.4 (in Lanette's binder). • Remove duplicate Figure 1.1 (in Susan's binder). Chapter 2: • Page 2-1 Primary Plan Elements—refers to Figure 2.2 when Figures 2.1 and 2.1A appear more relevant. • Page 2-6 - The information noted in HKM's reponse letter to condition no. 4 is not shown. • Table 2.1 —the narrative for Tschache Lane and the footnote has been updated for condition no. 4. However,the full access intersection at Davis and Vaquero is Winter Park not Tshache. Note Table 6.3 has not been updated. Also, the improvements on Hunters Way include `Bike Route' signage instead of a bike lane. Also see Page 3-2. • Irrigation—needs to note Condition45. • Zoning—statement is incorrect. • Table 2.4 (3.1 and 6.1) does not have the same number of DUs as Figure 2.1, which is correct? • Table 2.4 (3.1 and 6.1) needs to break down Residential, Multifamily into Affordable and Standard. • Table 2.4 (3.1 and 6.1) need to add the additional language (congregate care) after Skilled Nursing Facility. Page 2 I • Condition#7 requires thWable 2.4 also demonstrate density lesongregate care units. Chapter 3: • Appendix B? Where is this located in this document? • Need a list of Cascade Development-partners, officers, directors, owners, etc. • Table 3.1 (2.4 and 6.1) does not have the same number of DUs as Figure 2.1, which is correct? • Table 3.1 (2.4 and 6.1) needs to break down Residential, Multifamily into Affordable and Standard. • Table 3.1 (2.4 and 6.1)need to add the additional language (congregate care) after Skilled Nursing Facility. • Table 3.2 (6.4) should have true gross area, with a subtraction of the water course setback area shown. • Table 3.2 (6.4) only indicates 18.66 acres of net park land, but Table 3.1 (6.5) requires 19.77 acres of park land. How is this being reconciled? • d6. Need to discuss responsibility, timing and process for payment of Cash in Lieu of Park Land. • V. Need to include a copy of affordable housing commitment letter previously submitted if it is still valid, if not need to document that it is no longer valid. • V. Need to discuss responsibility, timing and process for construction of affordable housing. • d7. Need to discuss responsibility,timing and process for payment of Cash in Lieu of Open Space. • Table 3.4, title needs to be corrected from Proved to Provided. • Table 3.5, needs to demonstrate exactly how much open space will be paid for with final plat of each phase. What if they don't occur in the order shown? • Need a new table (3.5a), to demonstrate what the entire gross acreage of each phase is used for: gross acres, right of way, gross dedicated park(all subsets: net dedicated park, transportation corridor, watercourse setback, open space, etc.), open space (all subsets: stormwater facilities, watercourse setback, transportation corridor, etc.) and lots (all subsets: (Senior multi family, skilled nursing, multi family standard,multi family affordable, etc.) This information specifically on park and open space acreage needs to be included with the landscaping plan. • Page 3.11, density not the same as found on Table 2.4, which is correct? • e. Does not adequately address 18.42.180. I would suggest that you simple state that each phase will be responsible for complying with this section, as required by the UDO. • n. Appendix C? Where is this located in this document? Chapter 4: • c. Incorrect statement that needs to be corrected here and in the recorded covenants. • Need to include a copy of the recorded covenants. Chapter 5: • Page 5-6-update the narrative and footnote per condition no.5. Also, see Pages 2-9 and 5-4. • Figures 5.2, 5.4, and 5.5 no longer show the aerial photo background Chapter 6: • Table 6.1 (3.1 and 2.4) does not have the same number of DUs as Figure 2.1. Which is correct? • Table 6.1 (3.1 and 2.4) needs to break down Residential, Multifamily into Affordable and Standard. • Table 6.1 (3.1 and 2.4) need to add the additional language (congregate care) after Skilled Nursing Facility. • Total Estimated Dwelling Units does not add correctly. Page 3 • Table 6.4 (3.2) should*true gross area, with a subtraction oft water course setback area shown, and other subtraction as required(May, 2004 Condition#30). • Table 6.4 (3.2) only indicates 18.66 acres of net park land, but Table 6.5 (3.1) requires 19.77 acres of park land. How is this being reconciled? • e. Needs to discuss timing and process for payment of Cash in lieu of Park Land. • Page 6-14—update the narrative per condition no.1. Also, verify and update the footnotes. The references don't seem correct. • Page 6-14—is a community center still proposed within the park land or does that term refer to something else? • Figure 6.5 does not show Tschache Lane and Winter Park St aligning with the streets west of Davis Lane. • f. Please update to indicate construction of new.fire station. Appendix 1.1 and 1.2: • Figures 1.2 and 1.2A are not acceptable final PUD plans. The full size plans need to be the corrected versions of Figures 2.1 and 2.1A. Appendix 1.3: • Need a list of Cascade Development—partners, officers, directors, owners, etc. • Page 3 of Site Plan Checklist, Item B.3. —what is Phase D? • LW needs to provide Cascade with CUP condition document, which must include ALL conditions. Hard copy sent in mail. • Provide a copy of the recorded Waiver of Right to Protest SIDs. Appendix 1.4: • Watercourse setback planting plan only applies to Phase 1. • The watercourse setback in Phase 7 needs to be addressed. Appendix 1.5: • Include Sign Plan Exhibit 1. Park Plan: • Show the sewer main and easement, and storm drainage easements in addition to the detention/retention ponds. • Sheet P-2 - Show the Hunters Way trail crossing at the intersection of Winter Park. • Sheet P-2 - Show the Phase 3 detention pond on the north side of Breeze Lane. • Sheet P-3 —The park area and trail crossing on Hunters Way doesn't match what was platted or the Phase 3 infrastructure plans. • Sheet P-4— Show the trails connecting at the intersection of the sidewalks at the street intersections. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission. Condition #2, Trail and trail crossings at intersection crosswalks: • On all exhibits that show the trail, depict the crossings along Winter Park St at Hunters Way, Windward Avenue, and Davis Lane at the intersection crosswalks. The trail crossings along Tschache Lane at N 27`h Ave, Tempest Court, Gale Court, and Buckrake Ave were to have been installed to intersect with the junction of the sidewalks at these intersections. Page 4 i Condition #3, Stormwater Pond Design: • Figure 6.3, shows stormwater ponds that occupy more than 1/3 of the front yard setback. How does this meet the condition? Condition #4, Street Pattern: • Show the information noted in HKM's response letter to Condition#4. Also, edit Tables 2.1 and 6.3 as necessary. Condition #6,Density Cap: • Due to discrepancies between Figure 2.1 and Tables 2.4, 3.1, and 6.1, unable to determine maximum number of proposed dwelling units. Is it 711 or 699? • 711 would require 19.77 acres of park land, 699 would require 19.42 acres of park land. • How are you proposing to provide the required extra amount of park land and the affordable housing units to meet the proposed number of dwelling units? Condition #7,Final PUD Information: • Need to include a break down of dwelling units by phase, type and number. This would help to verify the numbers in Figure 2.1 and Tables 2.4, 3.1, and 6.1, and probably should be found in each of those sections. Condition # 9, Trail Connection: • . This alignment is not obvious or consistently shown on all exhibits. Also, see comment to Condition#2. Condition #10, Landscape Plan: • Landscape Plan needs to comply with Section 18.78.100. • Park Plan needs to comply with Section 18.78.060.P. • Irrigation system and wells for park and open space need to be located and discussed. • Open Space needs to be landscaped to meet Section 18.48 standards, not including street trees. • Landscape Plan needs to document how open space landscaping is achieving 23 points. • Amendments to Approved Park Plan need to be reviewed and approved by Park and Recreation Superintendent, unless it is his determination that it requires the full review process and approval by City Commission. • The species selection for boulevard plantings for this project is OK, except for where Black Ash (Fraxinus nigra) and Crabapples (Malus sp) are called for. Boulevard trees should be planted on 35'-50' center with the root flare visible and at or slightly above finished grade. There should also be a minimum 3' mulch ring around newly planted trees. There should not be sod inside the mulched area. • Watercourse setback planting plan only applies to Phase 1. The watercourse setback in Phase 7 needs to be addressed, and to comply with the UDO. • Need to include the information from new table (3.5a),which demonstrate how the entire gross acreage of each phase is being used: gross acres, right of way, gross dedicated park (all subsets: net dedicated park, transportation corridor, watercourse setback, open space, etc.), open space (all subsets: stormwater facilities, watercourse setback,transportation corridor, etc.) and lots (all subsets: (Senior multi family, skilled nursing, multi family standard, multi family affordable, etc.). Specifically, the information on park and open space acres must be included. Page 5 i ' Condition #18, Construction affordable Housing: • The response to Condition#18 does not demonstrate compliance with the condition as interpreted by Planning Director Epple in the response letter of October 24, 2007, nor does it demonstrate compliance with the July 5, 2005 Conditions of Approval #1, #3 and #5. • 'You must either change your response to demonstrate compliance with the conditions or you must apply for a Modification to the PUD to change these conditions of approval. Please submit this information in a complete and comprehensive packet and upon receipt the information will be reviewed to determine if the all the required information has been provided in sufficient detail. A determination that an application contains sufficient information does not ensure that the proposed application will be approved or conditionally approved by the City Commission, and does not limit the ability of the City of Bozeman to request additional information during the review process. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely,, Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 I Page 6 i ti. �04 Bo2� CITY O6UZEMAN �,� 0 �O �' UyZ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ' _ ' Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2260 CI == �e 20 East Olive Street Fax: (406)582-2263 co 1o?�e Mailing address: P.O. Box 1230 E-mail: aepple@bczeman.net Bozeman,Montana 59771-1230 World wide web: www.bozeman.net June 16, 2008 Clint Litle, P.E. Senior Project Manager HKM ENGINEERING 920 Technology Boulevard, Suite A Bozeman, MT 59718 RE: WEST WINDS PUD Dear Clint: I've had a chance to review your June 6 letter with Sue Stodola offer the following. 1. I hereby grant approval of the modified phasing plan you have submitted for review. I find that the modified phasing plan does not represent a major change to the approvals already granted for the West winds PUD and can therefore be approved administratively. 2. Sue and I have done a cursory review of your proposal for concurrent-construction and, even in Lanette's absence, feel it is adequate for presentation to DRC. Therefore, it is scheduled for next week's DRC meeting, June 25, 2008. I hope this answers your questions, Clint. If you need anything else, please let me know. Best Regards, Andy Ep , AIC Director f Planning and Community Development Cc: Lanette Windemaker, Contract Planner John Dunlap, West Winds Development Group Sue Stodola, Project Engineer planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination 4 may,_ •� TRANSMISSION VERIFICATION REPORT TIME 06/16/2008 10:22 NAME CITY OF BOZEMAN FAX 4065822263 TEL 4065822263 SER. # BROL6J569024 DATEJIME 06/16 10:22 FAX NO./NAME 95861730 DURATION 00:00:26 PAGE(S) 01 RESULT OK MODE STANDARD ECM i I I V FROM :HKM ENGINEERING FAX NO. :4065861730 �un. 06 2008 11:31AM PI/5 HK .M ENGINEERING , INC . 920 TE (-, HNOI. ('.) GY BOULEVARD , SUITI" A BOZEMAN , M (-) N 'rANA. 59718 ( 406 ) 586 - 8834 FAX : (406 ) 586 - 1 / 30 FACSIMILE TRANSMITTAL SHEET TO! rROm: P1 14 DATE: FAX NUMBER: TOTAL NO.or PAGES INCLUDING COVER: S48 Z. PHONE NUMBER: SENDER'S rrrERENCE NUMBER; .olk-Z i,om Rri-ERENC.r,NUMBER; 0 URGENT M/rOR REVIEW 9- -r,�LUASE COMMENT 151r,'PASP, RUIN 0 FLEASE RECYCIJ: Special Inst.r.uctions: JUN 06 DEPARNE A/^ ANDCOAN 1VT0FPLANN111VG UN17YD 0 7' If you do not receive all the pages,or if any are illegible,please call us as soon as possible. MRSONAL&CONFIDENTIAL This facsimile tm. sniissiori (and/or the doctuneins accompanying it) may cont,,L confidential information belonging to the send or i.oTended recipient. The information is intended only for the use of the uidivi&',d or entity named above, If you are not the intended recipient, you are hereby n(.)t)'fr--d that any diSCIOSLLre, copying, distribution, or the taking Of any -action iu reliance on the contents of -diis infOl1=16011 iS SLn' dy pmhib.�.ed. If you have received t1w transmission in CI-Mr, please irime&tely c I I've I notify ws by telephone to anwige for rCLUI-n of the.documents. 1,1\OO\OffireTcmpluc;\I:AY,ES\HK,M FmLl)(X: FROM :HKM ENGINEERING FAX NO. :4065861730 �n. 06 2008 11:32AM P2/5 H F.NOINEERI NGA� June 6, 2008 920 Technology Boulevard 045O67.125 suite A Bozeman, V-59718 Phone; 406,5B6.8634 Fax; 406,586,1730 M.r. Andy Eppl.e www.hkmine.com Planning Director City of Bozeman Faxed & lemailed P,0, Box 1230 Bozeman,MT 59771-1230 IIE: West Winds PUD Revised Phasing Plan &DRC Concurrent Construction Review Dear Andy: Attached is an email between myself and i,anette. I have two items of concern that I request your written response: 1. Phasing Plan as a minor modification to final PUD Plan; and 2. Timing of DRC concurrent construction review. Phasing Plan - A revised phasing plan was submitted in response to a new condition demanded by the Engineering. Specifically, that left turn lanes are provided on Davis Lane. This condition was not included in either the PUD or subdivision comments or approvals,nor is it required by the City Design Standards or recommended or warranted by the approved traffic study. This additional condition is actually contradictory to the approved PUD that requires that the Section Line Ditch(located center median ol'Davis Lane)remain open; the left turn.lanes will till a significant portion of the ditch. In demanding this additional condition, it caused a major hardship to the project requiring the wetland permitting to be up-graded to an individual permit from the existing nationwide permit which in effect will cause the loss of an entire construction season. Therefore, it was recommended by Sue Stodola and lunette Windemakcr that the project phasing diagram be revised so that Phase TV Subdivision is not adjacent to Davis Lane and therefore not held up by the wetland permitting process. '"he submitted revised phasing diagram is in response to this staff recommendation. It needs to be approved administratively as soon as possible to keep the project permitting oil schedule. Concurrent Constriction Review--Lancttc states that she will he leaving for two weeks and therefore the Concurrent Review Plan will not be going to DRC for several weeks. We understand that people go on vacation,but we can not hold up multi-million dollar projects while we wait for people to return from vacation, The concurrent review application needs to he assigned to other stiff in 1_.anette's absence. BIWNGS,MONTANA BurTL,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA KALEs Cf)I MQNTANA q IrRIDAN,WYOMING LANOM,WYOMING 40G.65G.6399 408.723,8R.13 405,453,4085 408.442.U'.i'/u 4UH.234.BBBB 307.B73.9008 307.332..32M FROM :HKM ENGINEERING FAX NO. :4065661730 �un. 06 2006 11:32AM P3/5 !Andy Rpple June 6, 2008 Page 2 of 2 Your written response to this letter would be greatly appreciated. If you have any questions please feel free to contact our office. Sincerely 1IKM Engineering,Inc. Glint Litic,P.E. Senior Project Manager Enclosure IIAWS067125108060610 AL Phming Phmdoc 1 v FROM :HKM ENGINEERING FAX NO. :4065861730 06 2008 11:32AM P4/5 Litle, Clint From: Lanette Windemaker[Iwindemaker@BOZEMAN.NET] Sent: Friday, June 06, 2008 8-48 AM To: Litle, Clint Cc: John Dunlap; Lowe, Zach Subject: RE: West Winds 4 Clint, Andy neoda to tell mo if he wants to approve Lhe phasing plan as n minor nodificat.ion to Lhe Final P11U Plan. Arid there is pot any reason at this Eioint in timo for you to fill in any binnkra in the CCIA document. Until the city has approved your proposed Appendix A, there is nothing approved to be fi.11ec_i in. John can Certainly Sign the L)M-FT CCIA documeric, but I will fill. in the blanks when evn.r.yi_hing is finished at the? end. Whore we have a financial quarant'ee and :associated fec, John can :.iigrr the. P.I.NAL CC1'A document. Just a--.; a reminder, the fee. for an IA is 1% of the face value of the financial guarantee. You c-_an ccrt:ainly tur•r•1 in the .1.2 copier today, bijL. I am 'leaving for 2 weeks, sn 0. is not goinq to DRC for :several weeks. Lanetto Windemaker, AICP Contract Planner 586_y>66 From: Litln, Clint imal.lLo:CLitleLhkminc.aoml Sent: Fri 6/6/2008 8:30 AM To: L'anette Windemaker Cc: .John Dunlap; Lowe, 7,,ach Subj nnt.: RE: West Winds 4 Lr3r•telte: Thank you for Lhe rnsponse. The hold harmless and i:oncurrnnt construction ngreemerits look OK. .I will fi.l-.I in all the blanks that I can and have: John sign. Tf oLher changes are .required we can rcv.i.,e and re-sign. I will have Lhe 12 copies to Planning thi.9 afternoon. 1' wou'Id prefer tc> provide the T,OC just bPfo.re Andy si.gn:; Lhe agronmellLs in case of any changes in amount. In regard Lo the phasinq plan, T saw r_orrc!spondence f.r.Om SUe that Mngi.neering was OK with it. Who else needs to review and approve? Thanks (A ini_ Litle, P.E. 14RM Engineer. riq A Division of DOWL, LLC 9>0 Techno I ogy 13vld., Suite A Bozeman, MT 59'718 Ph: 4015-586-8834 Fax: 406-!`)86-1730 www.hkminc_.cam --- Or.icJinal Messago----- Prom: Li,inetto W.i.ndemak(r, fmailto:lwindemaker@1309.FMAN.NET) S^ --nt : W(?&Iesday, ,Tune 04, 2008 .3:_i8 PM To: Litle, C1.i nl-; John )uril ip 1 , re . FROM :HKM ENGINEERING • FAX NO. :4065861730 n. 06 2008 11:32AM P5/5 Cc: Andy Eppl.c; Susan ';Lodoia Subjoc:L : west: Winds 4 Clint - Your request for nevi sod phasing i.s currenLly undo?r review. I have ronie.ved your lett.c.r• regarding moving r.orward wi Lh currcmL construc:Liori. Since west Winds is a PL1D, it i5 arc eligible r.o :submit a concurrent Construction PInri, as is described in 1H.74.030.D.1.3 and was also dPsr..ribed in 1'relim.inary Flan Code Provision "a" below. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies r..•f a Concurrent C'onst.r.uction Plan thaL. addrnsses all aspects of this section Lo th(: Planning DepaTltilent for DRC review and Planning Dircc:toY approval. before. concurrent rots=,tructi.on may be af:)provPd. I have forwarded the copy of Lhe cc.rti Picatc of .liablity .injuranno you provided 1.v 'rim Cooper. .for his review. T have attached the draft Hold Harmless AgracmenL and Tmprovements Agreement for Concurrent Construction. Please let inc, know if you see any corrections thaL deed to he made to theses c:3ocimnent s al: this time. Since the .revised phasing has a significant impant. on your proposed conrur.rerrt construction plan, it i; noL appropriate for DRC to review Lhe concurrenL construction plan until review of the revise?d phasing is c_ompleto, and the appropriate art.i on Laken on i.L . Orice you IYBVe submitted thp. 1.2 requirnd copies of the proposed concurrent cons l.r.'u(-tiLin plan, 1 will :schedule it: ay soon as appropriate for DRC review. Also, your concai.rrent construction plan roust include a copy of the proposed aran udder c:onsiderati.on sinco a r_.hange has heen made to what is i.nn.l.uded within Pbase 4. Lanette WindPmaker, AICP Contract Planner 586-5266 i 2 �r T, 04 so2� CITY OZEMAN DEPATMENT OF PLANNING AND CO UNITY DEVELOPMENT v � ' Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260 20 East Olive Street Fax: (406)582-2263 CO. 0 Mailing address: P.O. Box 1230 E-mail: aepple@bozeman.net Bozeman,Montana 59771-1230 World wide web: www.bozeman.net June 2, 2008 Clint Litle, P.E. Senior Project Manager HKM ENGINEERING 920 Technology Boulevard, Suite A Bozeman, MT 59718 RE: THE VILLAS AT WEST WINDS Dear Clint: I've reviewed your letter of May 21, 2008 and agree with all of the processes you describe in the five bulleted paragraphs. The only issue pertains to your fourth bullet point, where you stag: "The site plans will be reviewed under expedited review per your letter of April 28, 2008." I need to point out that for this process to occur, the submitted site plans must be consistent with the approved preliminary plat and Final PUD Plan. I raise this issue, as you can imagine, because I have determined that the informal site plan you have submitted for The Villas at West Winds is not consistent with the approved preliminary plat or Final PUD Plan for West Winds. I have also considered the informal remarks and suggestions made by DRC and DRB members regarding The Villas, and have concluded that the subdivision and PUD design changes The Villas represents are beyond what can be approved administratively. As such, I have determined that for The Villas to proceed as informally submitted, the preliminary plat and Final PUD Plan will need to be formally reviewed and approved by the City Commission through new application processes for each. These processes will be expedited, as noted, but must be completed before we can entertain The Villas in its current form. With regard to the LDS Church site, we agree that this site was reviewed and approved in the Final PUD, through a conditional use permit process, for use as a "community center" (definition of which includes churches). Accordingly, the LDS Church development plans will be reviewed through a simple Site Plan review process, without need for CUP review. There is one more item I should mention, Clint. That is, it appears the deal between fie County and the City Fire Department / 911 Emergency Services Center is in jeopardy at this time. I just wanted to remind you that further final platting in West Winds is contingent on Fire Station 3 finding a home in the northwest quadrant of the City. planning • zoning 9 subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination Mr. Clint Litle June 2, 2008 Page 2 of 2 I hope this information is useful as you plan for the continued development of West Winds. If you have any questions, please contact me at your convenience. I'll hopefully be able to respond to you in a more timely manner than I have been able to do with this reposnse.. Bes Regar s, % ndy Epp , Al Director Planning and Community Development Cc: Lanette Windemaker, Contract Planner John Dunlap, West Winds Development Group Page 2 O E N G I N E E R I N G 920 Technology Boulevard Suite A Bozeman, MT 59718 Phone: 406.586.8834 May 29., 2008 Fax: 406.586.1730 www.hkminc.com Lanette Windemaker P.O. Box 1230 Bozeman, MT 59771 CkRE: [AND West Winds PUD �i�Y ,� 3 Revised Project Phasing Diagram ARTMENT OF PLANNINGOMMUNITY DEVELOPMENT Dear Lanette: Pursuant to our meeting on April 21, 2008 with you and Sue Stodola in regard to Davis Lane improvements, please find attached the revised project phasing diagram for the West Winds PUD. The final plat applications for phases 4 and 5, which will be submitted shortly, will be based on this configuration. If you have any questions, please contact our office at (406) 586-8834. Sincerely, HKM Engineering Clint Litle, P.E. Senior Project Manager I I I i H:\04\SO67125\080529-LW Revised Project Phasin Dia ram.doc BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA, ONTA�A MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 ' 1 1 • • E N G I N E E R I N G 920 Technology Boulevard Suite A Bozeman, MT 59718 Phone: 406.586.8834 May 29, 2008 Fax: 406.586.1730 www.hkminc.com Lanette Windemaker P.O. Box 1230 Bozeman, MT 59771 pFEC F RE: West Winds PUD MAY 3 0 2008 Revised Project Phasing Diagram DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear Lanette: Pursuant to our meeting on;April 2l, 2008 with you and Sue Stodola in regard to Davis Lane improvements, please find:attached the revised project phasing diagram for the West Winds PUD. The final plat applications for phases 4 and 5, which will be submitted shortly, will be based on this configuration. If you have any questions, please contact our office at (406) 586-8834. Sincerely, HKM Engineering Clint Litle, P.E. Senior Project Manager H:\04\S067125\080529-LW Revised Project Phasinh Diaggram.doc BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA, ONTAICIA MILES CRY MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 TZ, 35 MpIIiiiIIIIiiiii,m poll I jk�A'bN� 11191 INS AFFORDABLE psi _ _, �� is ��; ,!� ,; ' A'] --------------------- ----------------------------------- - - ------------------- EMTER OF 2 WEST WINDS COMMUNITY NW 114 SECTION GALLATIN COUNTY, MONTANA ENGINEERING HKm Engineering Inc. PROJECT PHASING Nopper Technolgy dBldg 920 Technology Blv ,Suite A DIA GRA M Bozemon,MT 59718 (406)586-8834 FAX(406)586-1730 i �. MIR 077 y 7 rum's 0/0 vwxl 1%911111 Orr I r10.93 ME MM M IM oil MW &NIN mill 1111 �■�■ it ,,- .._ '''' ,M�d i� MIS, 111111 G� '!E4- ---------- ---------------------------------------------------------- ------------------------ v PHASE h"', F ENTER OF S. 2 -c WEST WINDS COMMUNITY NW 114 SECTION GALLATIN COUNTY, MONTANA ENGINEERING HKM Engineering Inc. PROJEC T PHA SING Nopper Technolgy Bldg 920 Technology Blvd,Suite A DIA GRA Af Bozeman,MT 59718 (406)586MU FAX(406)586-1730 i %/�/�/�� :.d /� r F -s ...� - - %,•��///I. mr�rrr�✓rrryriirivsFr.�srri�✓nlrryn✓fiarty, �' ■� AFFORDABLE .�f� 111111 - -OR OR Rp -- COMMUNITYury ENTER OF S. 2 WEST WINDS ® GALLATIN COI ENGINEERING �_ HKM Engineering Inc. PROJECT PHASING Bozeman,MT 59718 P-1 VIA 45 VAIrLA I i f FAG,f. OEM= OEMM1 [WRI, /�✓,6✓/� .�" /fir/ ✓ ����i/'/� ^�'j�/ '%//I. . Z" MEN M ���� some EM __ __ ������ millerMr, MM nZ poll NJ E AFFORDABLE IMI ON; Vim �/ 111111 --------------------------------------------------------- 'P-­ -ARVEST , E IF T-7 TA ENTER 0 S. 2 , WEST WINDS COMMUNITY NW 114 SECTION 2, T.2.S., R.5.E., P.M.M. GALLATIN COUNTY, MONTANA ENGINEeRING HKM Englneeflng Inc. PROJECT PHASING Nopper Technlgy Bldg DIA GRA M Bozeman o ,MT 59718 (406)586aU FAX(406)586-1730 • E N G I MNr: E R I N G May 21, 2008 920 Technology Boulevard Suite A Rec. No. 04S067.138 O n�7 Bozeman, MT 59718 D �/ IEE Phone: 406.586.8834 Fax: 406.586.1730 Mr. Andy Epple MAY 2 1. 2008 Www.hkminc.com Planning Director DEPARTMENT OF PLANNING City of Bozeman AND COMMUNITY DEVELOPMENT P.O. Box 1230 Bozeman, MT 59771-1230 RE: The Villas at West Winds Dear Andy: Thank you for meeting with John, Lewis, and myself yesterday morning. As always we appreciate your time and input. The purpose of this letter is to verify the process that we intend to follow for permitting site-plans and the proposed LDS church in the West Winds community. Site Plans As you are aware we Have recently received approval for the amended West Winds Final PUD, and we also have preliminary plat approval for all remaining phases of the project. :-All-preliminary plats were reviewed and approved withXconcurrent construction I � -, i requested inL,the application. The following applications/processes will be completed concurrently: ■ Engineering Reports and Approval—HKM has been working with the City Engineering Office(Sue Stodola) on the engineering reports for the improvements 1/ within the public right-of-way and is very near final approval. The reports will be finalized and submitted to Engineering for approval. ■ CC vil Engineering Plans (checklist) -- HKM has also been working with ngineering on the civil plans for improvements within the public right-of-way and will submit the plans upon engineering report approval for approval under the checklist. ■ Final Plat—With engineering report and civil plan approval, HKM will submit the Phase IV final plat application. The final plat application will include an improvement agreement for the bonding of all improvements. ■ Site Plan Review—Concurrent with the above tasks and under the concurrent construction section of the UDO, Cascade Development will submit site-plan applications. The site plans will be eviewed under expedited rev'ew per yo r t BILLINGS,MONTANA BUTTE, ONTANA GREAT FA LS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN,rYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442 _ l�406.2 4.6 F�6����� ,307,672.9006 307.332.3285 i Mr. Andy Epp le le • May 21, 2008 letter of April 28, 2008. As mentioned ab ve th sit `lan review will be concurrent with final plat review and it is final plat will be approved and filed prior to final site plan approval. ■ Building Permits—Concurrent with the final plat and site plan reviews the water, sewer, storm and road improvements within the public right-of-way_will be under construction based on the approved civil plans. The civil improvements for Phase IV are minimal so it.is anticipated that the improvements will be completed and signed off near the same time as the site plan review is completed. With the final plat, site plan, and civil improvements complete, the projects shoul be able to go directly to the-building permit review process. LDS Church Within the approved Amended West Winds PUD dated May 7, 2008, a "Community Center"parcel was added adjacent to Davis Lane. The community center parcel was specifically requested within the PUD amendment application, addressed by the staff reports, and was added.to the PUD to the graphics, land use tables and narrative. The community center parcel was fully reviewed under the amended PUD process. Therefore, the community center is a component of the West Winds PUD CUP and will not require a separate CUP. However, the site will require site plan review. Your written verification of the above processes would be appreciated. Sincerely, HKM Engineering ChTnTlitle, P.E. Senior Project Manager HAMS067138\080520W Epple.doc Y • i 1 i 1 � 7 s 1 1 l • 1 _ � \l 1 �.�—�-�1 -�... .n.hex..ftx:...i.a.4+.+.....e.u.,J.....-.wc.....:.�c......:�..,-�ro.+x.s.:....�:.r.:.ew...�...ai..,,a..�.�+,..u�.._rs=�+ � ••� le ✓,J'_ r Q 7 5 R I N E crz . I N G April 22, 2008 920 Technology Boulevard Project No. 045067.125 Suite ABozeman,MT 59718 Phone: 406.586.8834 DFax: 406.586.1730 Mr. Andy Epple APRUUB www.hkminc.cam Planning Director City of Bozeman DEPARTMENT OF PLANNING P.O. Box 1230 AND COMMUNITY DEVELOPMENT Bozeman, MT 59771-1230 RE: West Winds PUD PUD Performance Points Dear Mr. Epple: Thank you for meeting.with John Dunlap and me this morning to discuss West Winds PUD performance points and review your draft letter dated April 21, 2008. As requested, the following are our comments on the letter. PUD Performance Points Item#1 —No comment PUD Performance Points Item #2 —No comment, we will coordinate with Lanette Windemaker to make minor.revisions on the Final PUD application to reflect the content of this item. PUD Performance Points Item#3 —We request that the last sentence be deleted and that the following language be added. "The developer, any heirs, successors and or assigns may use such unallocated open space for future projects within the City of Bozeman jurisdiction. The use of the open space may be applied to future Planned Unit Developments, subdivisions or major site plan applications." This request is consistent with Mr. Dunlap's comments during our meeting, and is intended to provide for a fair and alternate method of addressing excess open space in the event affordable housing is used to satisfy the PUD points. Said open space could be used by other projects to meet their open space requirements such as cash-in-lieu of open space for PUD's. Affordable Housing Parcel Item#1 —No comment Affordable Housing Parcel Item #2 —No cominent; however, to reiterate Mr. Dunlap's comment during the meeting, the density bonus that you mention in your letter(R-4 uses in an R-3 district) did come at a price. Specifically, the congregate care facilities (R-4) that were permitted by the PUD did not receive any type of park area relief due to a recent administrative rule change that disallowed the park reduction if the dwelling unit contained any type of HA04\SO67125\Revised PUD\080422la5 AE.doc BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN.WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 r� Mr. Andy Epple April 22, 2008 Page 2 of 2 kitchenette facilities. From our discussion it is our understanding that this was not your intent with the resolution that was passed regarding the administration definition of skilled nursing. The allocation of park space for the Bozeman Village main building is contrary to the original PUD and negates the value of the density bonus. Reconsideration of the Bozeman Village main building park allocation would be in a manner consistent with the original PUD and would provide for a true density as originally intended. Affordable Housing Parcel Item#3 —To be consistent with the written record we request that "(proffered during review)"be deleted and replaced with"(provided as an assurance during review)". Affordable Housing Parcel Item#4—No comment If you have any questions please feel free to contact our office. Sincerely, HKM Engineering, Inc. r -- Clint Litle, P.E. Senior Project Manager Enclosures i i H:\04\S067125\Revised PUD\0804221a5 AE.doc i_ g� CITY OR OZEMAN Z�'� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT • * Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260 0 �== 20 East Olive Street Fax: (406)582-2263 c, 83 ?'� Mailing address: P.O. Box 1230 E-mail: aepple@bozeman.net r�N co.�° Bozeman,Montana 59771-1230 World wide web: www.bozeman.net April 21, 2008 Mr. Clint Litle, P.E. UKM ENGINEERING 920 Technology Boulevard Bozeman, MT 59718 RE: WEST WINDS PUD PERFORMANCE POINTS Dear Clint: This is in response to your letter of April 7, 2008, in which you memorialize the points that were discussed in our meeting with John Dunlap several weeks back. Thanks for putting those thoughts in words—it gives me an opportunity to think through the concepts and proposals that were brought up and consider them in light of the various code requirements, proceedings, and approvals this project has been subjected to and complied with over the past several years. The following are my responses to each point. PUD Performance Points 1. I agree that the project can meet the PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof, and that the prorated allocation of points does not apply if open space or cash-in-lieu of open space is used. 2. 1 agree that if the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the applicant is not required to provide the required points until the filing of the final plat for the final phase of the PUD. [NOTE: You will need to change your proposed final PUD plan to indicate that cash in lieu of PUD open space will be reconciled with the final phase, not on a phase by phase basis.] 3. Upon further consideration, I am not comfortable with the cash-in-lieu reimbursement proposal we discussed. In the alternative, I would like to propose the following: At the time of the final phase, if a portion of the Affordable Housing is constructed, then you may submit a minor modification to the final PUD plan to document the provision of Affordable Housing performance points rather than cash in lieu of any shortage of PUD open space. Or you could choose to make the lots smaller adjacent to the PUD open space in order to eliminate any potential shortage of PUD open space. Affordable HousingParcel arcel 1. 1 appreciate Mr. Dunlap's presentation of this parcel within Phase II of the subdivision "...as a means of providing a platform that would assure the commission that the PUD performance points would be met." I also appreciate the fact that the parcel has been platted and a deed planning • zoning • subdivision review 9 annexation 9 historic preservation 9 housing 9 grant administration 9 neighborhood coordination ,t restriction is shown on the face of the plat. I believe that reflects the spirit and intent of the Commission's approval of this PUD. 2. You suggest that requiring open space requirements to be met, and affordable housing be provided, would be "double dipping" on the part of the City. I understand where you're coming from on this point, but I have a different take on the situation. Namely, I believe you got two extraordinary benefits by going through the PUD process—allowance for concurrent construction of infrastructure and buildings, and density bonuses (essentially allowing R-4 uses in an R-3 district). 3. In light of the two benefits you derived from the PUD process, I believe it is fair to consider two community benefits as conditions of approval, i.e., the provision of open space (as required by the Code) in exchange for concurrent construction, and the reservation of a lot for affordable housing as (proffered during review) in exchange for the density bonuses. 4. Nevertheless, the City is appreciative and supportive of your efforts in these regards, and I will indeed commit the planning department to expedited reviews of any and all remaining subdivision phases and/or development proposals in West Winds, in a manner consistent with the "top of the pile"policy for Affordable Housing projects. This would be done for all phases and developments in West Winds, not just development of the affordable housing parcel, because I recognize and want to support your efforts in regard to providing for affordable housing as well as open space in the development In your cover memo, you also asked about the status of the SID waiver, and about additional language contained in our most recent Conditions of Approval letter. The SID waiver has now been forwarded to you, and I have directed Planner Windemaker to remove the extra language in the Conditions of CUP Approval document. I hope this resolves all remaining issues, Clint, and that we are now positioned to finalize the PUD. Let me know if you have any questions. Best Regards, Andy Epple, AICP Director of Planning and.Community Development Page 2 R 1". E E RW' .& April 7, 2008 920 Technology Boulevard Project No. 045067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 Mr. Andy Epple www.hkminc.com Planning Director City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 RE: West Winds PUD PUD Performance Points Dear Mr. Epple: As requested,this letter is to memorialize our meeting on April 1, 2008 with John Dunlap regarding the West Winds PUD Performance Points. The purpose of the meeting was to follow up the HKM March 201h letter to Chris Kukulski, and subsequent meeting with Mr. Kukulski and City staff on March 24, 2008. The meeting addressed two primary items: means of meeting the PUD performance points and the disposition of the affordable housing parcel in Phase II subdivision. . ._M1o.�:+`u,c�,",._ mm«.:difPfrttflf"" •.. w,... „,„ {tvs.-��a' nG5n;:s,.a. .uFaSSlnrtitFut1844rCNFa:'u}3r9IUW+ur�y�Y... i; "r"..__ ttJnudFvFxnmuwm �.-.._ PUD Performance Points The discussion centered on the methods and ability to ——F meet PUD performance points. It was agreed based on the materials supplied to Mr. Epple within the HKM 3/20/08 letter(staff reports, finding of fact and orders, CUP conditions) and the video record of the 10/l/07 public hearing, that the project can meet the.PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof and that the prorated / r allocation of�points does not_ay if open space or�cashn Tieu of-open s ace is, ° e0e f the PUD points are fulfilled by providing open space or cash- in-lieu ofdo ace, the applicant is not required to provide the re(`'7�wred oints until the ^.++.cnwW1lY!.''-`r tit' ? f the final plat for the_final . ase of�the PUDommencmg with the filing m, ma p ase, the applicant will be eligi��ereimbursement of the cash-in- lieu for a period of four years. Based on the amended PUD, as submitted to the City on 3/28/08, 15.12 PUD performance points (Table 3.4, page 3-10) will be met by additional open space; 4.88 points will be met by cash-in-lieu. Therefore, once 24.4% (4.88 / 20) of an affordable housing project is constructed, 100% of the cash-in-lieu can be reimbursed. Affordable Housing Parcel —This item involved discussion of the disposition of the affordable housing parcel within the Phase II subdivision. Mr. Dunlap presented that the parcel was provided as a means of providing a platform that would assure the commission that the PUD performance points would be met. The affordable parcel has been platted and a deed restriction is shown on the face H:\04\S067125\Revised PUD\080401la5 AE.doc BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN.WYOMING LANDER.WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Mr. Andy Epple 0 April 7, 2008 Page 2 of 2 of the Phase II final plat. The affordable parcel has been sold to a third party; Mr. Dunlap stated that the new owner was informed that the parcel has a deed restriction that assures compliance to the PUD performance points through affordable housing, open space or cash-in-lieu of open space. The primary point of discussion was whether the parcel would remain deed restricted if the PUD performance points were met through open space and cash-in-lieu of open space. Essentially, if the points are met through open space and/or cash-in-lieu of open space the PUD would exceed the UDO- jW Opts a d:leaving the deed' restriction in place could be viewed as ou le dipping". �r. Dunlap presented that he would be agreeable to leaving t e ee res nc iori fn place, conditioned that subsequent site plan, CUP and final plat al�pi�tions be givenonsderationti for processing underyexWpedited review moved to the top of the pile)by the Planning and Engineering Offices. "'"` � - .',�kl,L°_a�h','a�,:.Mi�it1�G� Hnw.n{'��,-::r±r.nnL•iiG. At this point the meeting adjoined, Mr. Epple stated he wanted to view the full 10/1/07 video record, and requested this letter documenting the meeting. If you have any questions;please feel free to contact our office. Sincerely, HKM Engineering, Inc. Clint Litle, P.E. Senior Project Manager Enclosures H:\04\S067125\Revised PUD\0804011a5 AE.doc E N G I N E E F I N YGMA, 920 Technology Boulevard April 7, 2008 suite A Project No. 04S067.125 Bozeman,MT 5971E Phone: 406.586.8834 Fax: 406;'5B6.1730 www.hkminc.-Ilom Mr.Andy Epple Planning Director City of Bozeman P.O. Box 1230 Bozeman,MT 59771-1230 RE: West Winds.PUD PUD Performance Points Dear Mr. Epple: Attached is a letter memorializing.our meeting on April 1, 2008 with John Dunlap regarding the West Winds PUD Performance Points. In conjunction with the West Winds PUD we also request the two following items: 1. The"CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD,BOZEMAN, MONTANA"be revised and formatted to match the previous versions. .2.. The waiver of no-protest be prepared and supplied to our office.. As.requested by your staff,we have provided the names and mailing addresses for the effected. properties. Your timely response to the attached letter and providing the two items above would be greatly appreciated. It is critical that the PUD be approved as soon as possible to facility several pending projects for the West Winds. We need a response to the PUD performance points by April 14, 2008. If you have any questions please feel free to contact our office. Sincerely, HK114 Engineering, Inc. .......... zw. C znt Litle, P.E. Senior Project Manager Enclosures I ' BILLINGS,MONTANK:\0t { ��I`e&F t�MfjR)YG7ITff5t4AE.dU9Nl MONTANA MILES CITY.MONTANA SHERIDAN,WYOMNG LANDER,WYOMING i406.656.6399 406.723.8213 ' 40SA53.4085 406.442.0370 406.234.6666 307.672.9005 307.332.3285 I E N G I N E E ., I N G March 20, 2008 920 Technology Boulevard Project No.,04S067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Mr. Chris Kukulski Fax: 406.586.1730 City Manager www.hkminc.com City of Bozeman P.O., Box 1230 Bozeman, MT 59771-1230 RE: West Winds PUD Amended Affordable Housing Condition Dear Chris: This letter is in response to Andy Epple's October 24, 2007 letter in regards to West Winds Planned Unit Development (PUD) performance points and subsequent PUD review letters issued by Lanette Windemaker. Specifically, below you will find the documentation based on staff reports, Planned Unit Development/ Conditional Use Permit approvals, and Findings of Fact'and Order that the}PUD has always allowed the performance points to be met.through affordable housing or"alternative" means and that affordable housing was not the basis of approval for the West Winds PUD. Beginning with Mr. Epple's October 24, 2007 letter paragraph 3, where it is stated, "The construction of affordable housing in the West Winds PUD to meet the PUD performance points was a significant proffer to the City of Bozeman in exchange for the relaxations from standards permitted such things as apartments and assisted living units as allowed uses in the R-3 zone." We disagree with the use of the word "proffer," in a true sense, it was an exaction. The approval of the West Winds PUD was not based on providing affordable housing. The West Winds PUD went through an extensive concept review and pre-application review by Planning Staff and the City Commission where numerous revisions were required by the City and complied with by the applicant prior to any discussion of affordable housing. The original PUD application (see attached staff report for 5/10/04 Commission meeting) heard by the City Commission on May 10, 2004 requested nine relaxations; three were denied by the City Commission (dealing with park dedication and watercourse setback park credit), five relaxations were approved that dealt with the site specific and preexisting site specific conditions related to alignment with adjacent existing roads, wetlands and water courses, and block dimensions to improve restricted size lot design. All relaxations were mitigated by added conditions which were not associated with affordable housing. The ninth relaxation that was specifically mentioned in Mr. Epple's letter; Section 18.16.020.B "Authorized Uses" was recommended by staff for approval and approved by BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN.WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 Mr. Chris Kukulski March 20, 2008 Page 2 of 3 the City Commission based on the fact that it provided implementation of Growth Policy Goal 5.7.1 "to supply an adequate supply of safe housing that is diverse in type ... ." The fourth paragraph of Mr. Epple's letter states "The cash-in-lieu option is only available as needed for density not provided by the number of affordable housing units." This is not correct and was never the intent nor stated within the approved PUD. This is documented by the FINDING OF FACT AND ORDER for the Phase 1 A & 1 B preliminary plat (see attached) which was approved concurrent with the PUD and conditioned to comply with the PUD. Condition#4 on page 8 states the following: 4. The property owner has proposed that Lot 7 of Phase IA will be developed with an affordable housing project in order to meet the Performance Points for a Planned Unit Development. The final plat shall note that Lot 7 is reser✓ed for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the property owner shall provide an alternative means to meet the Planned Unit Performance standards. (emphasis added) This clearly demonstrates that the property owner has the right to provide an "alternative" means to meet PUD performance points, which would include additional public open space and/or cash-in-lieu of open space per the UDO. The right to provide an "alternative" means to meet PUD points is further documented by the City Commission Staff Report West Winds CUP/PUD Modifications for July 5, 2005 (see attached). More specifically: ■ Item #4 page 3, city italicized response, next to last sentence reads, "Additionally, we can agree that in the event the affordable units are not constructed prior to final plat of the last phase then cash-in-lieu of open space should be provided." ■ Page 5, 2"d paragraph, last sentence reads, "Instead he (developer) would like to `provide a platform upon which affordable housing can be built' by providing `affordable real estate."' ■ Page 5, paragraph 7 (condition#4), next to last sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." ■ Page 6, Condition #31, 2"d sentence reads, "In the event the affordable housing units are not built prior to filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer will pay cash-in-lieu for additional open space to meet the required PUD performance points... ." HAWS067125\Revised PUD\0803201a5 CK.doc Mr. Chris Kukulski March 20, 2008 Page 3 of 3 This is further documented by the REVISED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT, as filed with the Gallatin County Clerk & Recorder's Office July 19, 2005. Page 5, condition 37, 2nd sentence reads, "In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space to meet required PUD performance points." The fifth and final paragraph of Mr. Epple's letter states that the use of cash-in-lieu for open space is a substantive change and would require the City Commission's approval. Again, we strongly disagree with this statement; the documentation cited within this letter demonstrates that the PUD has always allowed the PUD points to be meet through either affordable housing or an "alternative" means prescribed by the UDO—primarily additional open space or cash-in-lieu of open space. This can be traced back to the original PUD approval granted by the City Commission May 24, 2004. It is—and continues to be—our position, based on the PUD approval record, UDO and the City Planning staff s statements on record, that the applicant has the right to fulfill the PUD performance criteria by open space and cash-in-lieu of open space; and by doing so will meet condition #37, as amended by the City Commission on October 17, 2007. Furthermore, earning the PUD performance points through open space and cash-in-lieu of open space, the applicant will not be required to construct affordable housing units. The use of open space and cash-in-lieu of open space is not a substantive change and there is no need for subsequent Commission approval. Based on the staff reports, PUD/CUP approvals, Findings of Fact and Order and the UDO documentation outlined within this letter, we formally request that the amended West Winds PUD final application, as submitted on February 20, 2008, be deemed complete and approved. The PUD application is in compliance with the City's earlier approvals meeting PUD performance point requirements If you have any questions please feel free to contact our office. Sincerely, HKM En6wering, Inc. r r.. Clint -itle, P.E. Senior Project Manager i enclosures HAMS067125\Revised PUD\0803201a5 CK.doc Sf,. 4u r�•#v.;* ,s, 'x�''k er Lr. � ,� x. 5 � "s "�'` w,R yy<}�' des -- $ -� d 'r , S`•` X"y .Y'vR lv .st 1�. Y z,J R & S Z:f.F�fe t7 C"..r'`.,�` YM'' a, `' .: .u - m'T Yrk..' A 9 S*w :cTY'C®IvllvilSSIt.ONSTAFF REPORTf= r; `art _ v a i "&xL K- a l a q a -^ #4` 011 .51 . 1i` _y'3' �'ezi '1L $: '�i8,..er.yw •:a+ .fet '.,; �` a .s v. a s # 3d. rxh z v,.a).,a:,:- >w ?.t � .,,, ._Prn`E.eA..... "§lay.,.:yc:,4�'w....tY?"3`t,.:;,..12'.i:r.:...�.,Y�`�+"-ua� ..�tz✓x..� �i+Rtl.v.x,r�T..k, ..fxA ...riCS:,1'3�&12�..x:S.'�;'�"?% Item: Zoning Application #Z-04050, a Conditional Use Permit Application for a Zoning Planned Unit Development to establish a unified development plan for 213 single-household residential lots, 92 townhouse. lots, 5 multi-household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities with requested relaxations from the City of Bozeman Unified Development Ordinance on property bound by Baxter Lane, Oak Street, 21 Avenue and Davis Lane and zoned "R-3" Residential, :Medium Density District. Property Owner. Quest West LLC 3825 Valley Commons Drive, Suite 4. Bozeman,MT 59718 Applicant: HKM Engineering Inc. - 601 Nikles Drive, Suite 2 Bozeman,MT 59715 Date: Before the Bozeman City Commission on Monday, May 10, 2004 at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman,Montana. Report By: Jami Morris,Associate Planner Recommendation: Conditional Approval of the PUD TDenial.pf requested;nelaxations; a b,:c,and i;listed in-the-staff-report PROJECT LOCATION The subject property is described as NW'/,Section 2,T2S, R5E, Gallatin County,Montana located between Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. The site is approximately 161.30 gross acres and is zoned "R 3," Residential Medium Density District. Please refer to the following vicinity map. J #Z-04050 West Winds CUPIPUD Staff Report _ 1 BPS k-3 R-1 BP B BN(T€R Pro R-3 PLI m IE'14 IrA PROPOSAL The Conditional Use Permit application for a Zoning Planned Unit Development to establish a unified development plan for a 161.30 acre subdivision for the development of 213 single-household, 92 townhouse,5 multi-household and 8 senior assisted living lots with the following requested relaxations from the City of Bozeman Unified Development Ordinance: a) Section 18.42.100 "Watercourse Setback" to allow the watercourse setback to be reduced from 50 feet to 15 feet. PlaraiiikStaff, DezeloprrentReu'ewCorrvmxtee, Design ReziewBoznt Rawxiori& PaAsAdusory Boani and the Wetlands ReciezvBoard do not support the requested relaxation cf the motoune sdwdz. The purpose of .the stream Sethi& is to prow neater quality by fzltenng pollutants,pmude)ko d amrra� rrarri ne stream bank erasion mitigate stream varaing prozide rwn for lateral mxmvi of the stnum o�am7d an d pmw aquatic habitat b) Section 18.50.070.A.1 "Linear Parks" to allow the watercourse setback to count towards the parkland dedication requirement. Plarming Staff, Dezelopnra Reziew Corry ttce, Design Reciera Board and the Recreation & Parks A dusory Board do nrat support this relaxation because it mrkn the park land as zirtually unusable for actize mawtzon Stnnam.sabacks am not supposed to be areas of acaw nrmztion This relaxation zeou��the_2Vosed soar fieldds:to b? derQlo�zathr�z a�set&zdz tlaat.has._tdae.p�e�nial fcw�doalircg azrd.t�.:zpater�x,�srs�la �rxe the set&adz�arcatiar� will narrow the playing fields aricsiderably(please mote the attiudx�d landscape plan � tra?s and s�iubs zzaulcl l� installecd in areas defina�far saxpr fields. Moze�d turf lazeri is rzat amsidered a strt�am buffer bmme it pmu&s no aquatic habitat fwnion and is for flood cmvd and doff not protect the natural resource fium foot traffic Section 9.1.6 `Parkland A cquisition" in the 2020 Plan states that parkland del•cation in sub usions should only be adopted uhen the land is well locateg is rxded for the ozerall park and mnation program and is pI7)6irally suited for park and rtxreation use A llozeing the stream setla & to gaunt as park land ueould allow the dezdoper to dedicate land that is not suitable for acthe mcmational use c) Section 18.50.020 "Park Requirements" to allow the park area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit. Planning Staff, Dezelopnvr Reziew Qnv tzeq, Design ReziewBoard, Recreation & Parks Adzisory Board do not support the mlaxation to the parkland ukulations. The Um*Dewl�On&vrax states that 0.03 acres per dwelling unit cf land dairation or cash donation i*lieu cf land da�6m shall be prm derd A land da-&A- Lion cf 2.5% to 11% is pmahog dependent on la size, if the density of #Z-04050 West Winds CUP/PUD Staff Report 2 the development is unknown. The applicant arguer that the density of the larger lz re med for apartrrent stile hd zET is unknown Staff fuels that the density is set forth thrmgh�the subniaal as a rri*nim cf 960 dzedling wits (pg 6-1,pg 6-5, A pp. E pg 3, A pp.J pg 1 and A pp. K pg 1). The applicant prnzidai an updated table gt parkland cularlations on A pnl 7, 2004. The tables indicate that 24.3 would be m7zdmd if based on 810 aieelling units(960 units - 150 skilled nw5ing faality was s). They amens p uposal is for 19.13 acres g(parkland including 35 feet(f d5e 50 foot stream and wetland setback. PlanTIT Staff estirrimtes the parkland as fd1ozea: Lots/Units Single Household 213 Townhouse 92 Multi-household 12 Lot Size: "R-3" Zoning Regulates Minimum Lot Size at 3,000 s.f./unit E-MF-1 159,346 53 E-MF-2 81,144 27 E-MF 6 274,112 91 E-MF-7 191,882 64 E-APT-1 206,887 69 S-2 81,709 27 S-3 88,856 30 S-4 162,264 54 S-5 169,772 57 S-6 166,050 55 S-7 162,236 54 S-8 164,343 55 953 Total Units Possible 28.20 Total Acres Required 26.26 Acres with Park Waiver for Wetlands The Rwratwn & Parks A dusory Board has agrr d that 24.3 acres of dai aced parkland would be aaeptable but a density cap ,qf 810 dwelling units would haze to be in place and the dsduated parkland sba& be exdusize gF the zurteraaurse/wedand setback (50 feet from the high ureter nu7k cf the stream or 50 fat from the c1dwamed edge g{the wedan� whidaezer is gmater). d):-:..Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R 3" Residential Medium Density zoning district. Plzvzi g Staff•and the D Rer eii E rnmnitt�support this relaxation sirxe it is irrpkmmtcng'a,oGra t"li Policy gad,(5.7.1).to pwn ate inadequate supply cf safe housing dut is dtwne in type; densit)� and lcratia; with special errphasis on maintaining neigh odxod o�araater and stability 'e) 'Section 18.42.030.0 "Double/Through- 'and Reverse' 'Frontage" to allow double frontage lots adjacent to the arterial and collector streets. Plate Staff and the Detelop»xrrt Reuew C 7rnr t&wnditzonally asap.ports.this relaxation if mzenants include largmge rquiring the construction cf the homes to include a false f vrn pmer&d to the cxtenor str ets, no mar),a7d fmces pem=ee a sidezeldk cornea n is prouded f vni eao� building to the ex0ior stress and as long as the Havre Ocv2?r's Association is responsible for the mminwmnx gt the exterior street sidezeniks, baadewrds aril trails. Otherwise; the relaxation camxt be supported bx<use it would net=ply with ob ectize 8 cf g 4.9.1 Con amity Design O e a ze 8 requims ww mgbbod oadr to he integral parts Gf dx broader mnvraanty stntm m It is extmrrdy d icult to bean irneg»-al part of the reighbodxad when design d to isolate the dezelopnort from the rest cf the City I #Z-04050 West Winds CUP/PUD Staff Report 3 f). Section 18.42.040.B "Block Length" to allow the block lengths to exceed 400 feet. Plarming Staff and the Dewlgvvrt Reuew Cxnrattw corufitiorrally support this m 7uested relaxation cc apt for the blacks backing onto the dedicated parkland A ltha o 60% cf the entire park perimeter is bamd by public right of zany this park has been daign d as a narrow linear park that is not well lrxatai for aaressihility The park design does not facilitate access to large areas gthe park since a malonty cf dx park is lauted beiind priwie lots. Staff ccta support the longer hMs within the interior of dx sub ,zision rather than adjaamt to the park. g) Section 18.42.040.0"Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots. Plarmirrg Staff supports the incmuse in black width as kT as adequate strut connectiuty is rmintained within the subadiusion h) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots. Planning Staff suppom the smdkr lots sm' precious projects hale denxmstrated that dezelq+n mt with less than an average of 3,000 square feet for tozerkwe lots can be accomplished and given the additional crnrer side)rani setback dx increase in lot size for consideration cf comer lots is also aaeptahle i) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Section 18.44.090.H "Deui2tiom for Property A arcs Standards"states that the City Engm* eer may relax the spoafzed access standards if shozrn that a crux effiaent design can be aawplisbed u&ba&jeopardizing the pub-Vs health, safety and welfare Plarnung and E ngineering Staff do not support the relaxation of the ISO foot requirement berawe it has been determired that it is not an applicable relaxation for single household lads. The E rpneemg Depan nrnt and the Daelopmvrt Reuew Committee were not in support qf mlaxIT all cf dx actess distances on Cork Street because adequate spacing cwR be rmartained with a slight adjustment to the plans. Relaxatzon qf addztwnal strut standards was requested in the applicant's submittal The m mining items, not listed were appr uwd by the City E nginur. ZONING DESIGNATION &LAND USES The subject property is zoned "R 3," Residential Medium Density District. The intent of the "R 3" 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. The following land uses and zoning are adjacent to the subject property: North: Currently vacant but will be developed with duplex to five-plex building configurations on townhouse lots in Baxter Square Subdivision PUD, zoned "R 3" (Residential Medium Density District)and single-household residences in the County, zoned "A-S" (Agricultural Suburban District). South: Single-household residences in Harvest Creek, zoned "R-1" (Residential Low Density District) East: Single Household Residences and agricultural uses, zoned "R 3" (Residential Medium Density District) and agricultural uses in the County zoned "A S" (Agricultural Suburban District). West: Currently vacant but will be developed with single-household residences in Baxter Meadows Subdivision PUD, zoned "R 3" (Residential Medium Density District) and the Regional Park on property zoned "PLI" (Public Lands and Institutions). #Z-04050 West Winds CUP/PUD Staff Report 4 ADOPTED GROWTH POLICY DESIGNATION The property is designated Residential. The Residential land use designation denotes areas where the primary activity is urban density living quarters. Medium density areas should have an average minimum density of twelve units per net acre. REVIEW CRITERIA& FINDINGS The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following summary review comments below. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRQ, Design Review Board (DRB), Wetlands Review Board (WRB),Bicycle Advisory Board (BABAB) and Recreation &Parks Advisory Board (RPAB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title, the City Commission shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy The development proposal is in conformance with the "Residential" land use classification in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design- Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling and mass transit use. v Overall the subdivision design is compatible and properly integrated with the existing neighborhood. The path noted in the watercourse setback/parkland is a transportation corridor required in the Transportation Plan. The multi-use path starts at the Bozeman pond, next to the mall, and eventually connects to Valley Center Road via trail connections through Babcock Meadows, Harvest Creek and Cattail Creek Subdivisions. One of the objectives of this goal is to provide for a "mix of housing types,sizes and styles to encourage a wide variety of housing within each neighborhood." The proposal is for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities. Although the plan implements a nee3 for a variety of housing types it does not generally fulfill the need for the mix of types and styles. The areas for each housing type are well defined by street and block Even the 10% net acres of Restricted Size Lots are restricted to one comer of the development. The property owner has suggested in his submittal that the buildirgs on the external streets will provide additional character and detail to avoid presenting the backside of a building. Staff has recommended a condition of approval that would further #Z-04050 West Winds CUP/PUD Staff Report 5 require the covenants and design guidelines to outline the requirements for not only the building design but also language regarding "rear" fence design and the placement of sidewalk connections to the arterial streets. • Goal 4.9.2 Neighborhood Design- New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, and have a commercial center and defined boundaries. The original light plan submitted for the subdivision lighting did not meet the minimum standards outlined in the U.D.O. On April 7, 2004 a new light plan was submitted and appears to meet the lighting criteria for placement distances. The plan will allow for adequate lighting of the streets and street intersections. The private community center situated in the middle of the subdivision is proposed to offer a neighborhood focal point in the subdivision and provide for local identity and social interaction. The West Winds Neighborhood Center would provide a place for resident functions and will serve as a proposed site for a future transit stop. The 2020 Plan states "medium density areas should have an average minimum density of twelve units per net acre." Using the numbers provided by the applicant of 103.20 net acres with 960 units (810 dwelling units + 150 units within the skilled nursing facility) equals 9 units per acre. Staff estimates that an "R 3" Medium Density District property has a minimum lot size requirement of 3,000 square feet per dwelling unit. Therefore, the property has a maximum density allowance of 953 dwelling units plus the 150 skilled nursing units equals 1,103 total units. This would equate-to 10 units per acre. However, if the subdivider provided the additional 11.68 acres of parkland, as estimated by the potential density of the subdivision (1,103 units), then the net density would be 12 units per acre. The PUD proposal has the potential for providing "a wide variety of open lands" with a park, potential playing fields and natural areas. The landscape plan submitted depicts landscaping for the boulevards, the park and the open space. The required. watercourse setback plantings are currently noted within proposed soccer fields. The final landscape plan will need to provide the appropriate locations for the landscaping dependent on the City Commission's findings in regards to the requested relaxations. • Goal 5.7.1 Housing- Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood-character and stability. A diversity of housing is proposed within 1 to 2 miles of the commercial area on 19'' Avenue and the future commercial center to the northwest of the property, in Baxter Meadows. A neighborhood service center is also noted in the 2020 Plan as being located southwest of the subject property, across Oak Street in Harvest Creek. One of the principles of a Planned Unit Development is to improve the design, quality and character of new developments while protecting existing neighborhoods from incompatible developments. #Z-04050 West Winds CUP/PUD Staff Report 6 • Goal 6.6.4 Natural Environment and Aesthetics- Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural fuctions and beauty which are a fundamental element of Bozeman's character. Objective 1 requires protection of "important wildlife habitats, and natural areas which provide for beneficial functions, such as floodplains." The intent of the 50 foot watercourse setback is to protect the natural environment including the existing wildlife. The Wetlands Review Board was of the opinion that a lesser setback would not be adequate to buffer the stream and would not support the existing wildlife. • Goal 8.14.1 Protect the public health, safety and welfare of Bozeman area residents, and protect private and public property. There are approximately 1.94 acres of jurisdiction wetland associated with Cattail Creek The property owner's wetland consultant is working on the necessary permitting for filling the east lateral ditch where all the water from the creek has historically been diverted to service the agricultural uses. Although the creek is currently dry, we have been plagued by several tough drought years. The Wetland Consultant's plan is to redirect the water from the ditch back to the creek and to direct storm water to the creek in order to reestablish the watercourse and the wetlands. The stream setback is supposed to be taken from the high water mark of the stream or 50 feet from any associated wetland. The plans for Phase 1A currently depicts 4 lots within this setback The depth of the ground water is also an issue with this property. Boreholes and monitoring wells were drilled throughout the property as indicated in Figure 1, Appendix G of the applicant's submittal. Depth to groundwater was measured in different locations on the property on April 9, 2003, July 1, 2003 and February 4, 2004. The depth to groundwater was between 1.7 feet and 10.4 feet from the surface. As discussed in the report the fluctuations of groundwater depth are also due to the season, irrigation and land use. Staff has recommended a condition of approval with the subdivision plat requiring a plat note identifying the possible restrictions for basements. The Building Department has indicated that a soils report for each lot will be required to identify the soil restrictions and basement allowance for each building permit. It is also possible for the applicant to provide a geotechnical report for each phase utilizing the worst case scenario lot as the general guideline. • Goal 8.14.2 Identify, protect and enhance natural resources within the planning area and important ecological functions these resources provide. Objective 1 states "retain and enhance the benefits wetlands provide such as groundwater and stream recharge, fish and wildlife habitat, flood control, sediment control, erosion control and water quality." There is a 0.07 acre isolated wetland located in the middle of the proposed senior living area. The Corps did take jurisdiction over the isolated wetland but did take jurisdiction over the creek and its associated wetlands. The Wetlands Review Board was created to review the isolated #Z-04050 West Winds CUP/PUD Staff Report 7 wetlands that generally fall through the cracks. Based on this the Board reviewed the wetland mitigation plan and subsequently recommended the vegetation in the isolated wetland be moved to the jurisdictional wetland. Objective 3 states "protect riparian corridors to provide wildlife habitat and movement areas, and to buffer water bodies." The Wetland Review Board did not support the watercourse setback relaxation for the creek and jurisdictional wetlands because of the resulting loss of habitat. • Goal 8.14.3 Ensure good environmental quality of water resources, air, and soils within the planning area. Objective 2 states "protect, restore and enhance riparian corridors to protect the chemical, biological and physical quality of water resources." The purpose of the stream setback is to protect water quality by filtering pollutants from storm water, provide flood control, minimize stream bank erosion, mitigate stream warming, provide room for lateral movement of the stream channel and protect wildlife habitat. The City's responsibilities for storm water quality control have been substantially increased by recent federal and state actions. We must now obtain permits for storm water discharges and the City can be fined if we do not meet the terms of our permit. The TMDL's currently being developed for our discharging waters may conceivably(but not known for certain at this time) cap total discharges of pollutants which could negatively affect our ability to expand the wastewater plant if all the pollutant loads are being contributed by storm water discharges. The City is currently expending over $200,000 in the development of a storm water master plan to help us address the new responsibilities. These obligations and expenses will be on-going. The City's efforts in developing the watercourse setbacks were directly influenced by those new storm water responsibilities. • Goal 9.9 Parks & Recreation- Provide for accessible, desirable and maintained public parks, active and passive open spaces, trails systems and recreational facilities for residents of the community. Section 9.1.6 "Parkland Acquisition" in the 2020 Plan states that "parkland dedication in subdivisions should only be accepted when the land is well located, is needed for the overall park and recreation program and is physically suited for park and recreation use." The text further states "an important factor to consider when approving parkland dedication is the lack of usable active recreation park areas." The Recreation & Parks Advisory Board and the Parks Department do not agree that the parkland as depicted is an active recreational space. There is landscaping noted in what is supposed to be soccer fields. Instead, watercourse setbacks are supposed to be planted with native species not turf grass. The-park is also designed with the existing sewer main running through the middle of the park from north to south with a manhole located on the edge of one of the soccer fields. This could potentially impact the usability of the area. The 2020 Plan sets the minimum requirements for parkland as provided by the National Recreation and Park Association. The state of Montana defines the i #Z-04050 West Winds CUP/PUD Staff Report 8 maximum parkland dedication allowable at 0.03 acres per unit. City regulations are more specific than the state's regulations. The Unified Development Ordinance requires 0.03 acres of parkland per dwelling unit unless the density of the lots is unknown. Planning Staff, Parks Department, Recreation & Parks Advisory Board, Development Review Committee and the Design Review Board all agreed that the density of the project has been established in the submittal. This is consistent with the City's review of all other subdivisions. It would not be fair and equitable for the City to allow the reduction of parkland to one developer when it has been consistently required of other property owners under similar circumstances. • Goal 10.8.3 Encourage transportation options that reduce resource consumption, increase social interactions, support safe neighborhoods and increase the ability of the existing transportation facilities to accommodate a growing city. The incorporation of the multi-use path running north to south through the property, a bike lane along Tschache Lane and the installation of Transit stops meets this requirement. • Goal 10.8.4 Pathways- Establish and maintain an integrated system of transportation and recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green belts and open space. The north to south trail in the park is part of a transportation network from Main Street to Valley Center Road. The 2020 Plan also notes an east to west trail that would run through the middle of the subject property. The trail connection is currently noted on the plans as a bike lane along Tschache Lane. The Parks Department has requested that the trail connection be installed to connect Rose Park with the Regional Park In order to meet this condition the bike lane on Tschache Lane could be directed through the West Winds park and connect to Winter Park Street that would align with the location of the Regional Park Adequate signage would be needed to guide people through the West Winds park Additionally the BABAB recommends that both a bike lane and bike path be constructed on Oak Street. Oak Street is being constructed to carry between 10,000 and 35,000 vehicles per day. The Board feels it is safer to provide a buffered path on arterial streets. Given the option the Board would rather have the path than the bike lane but the preference in this instance is for both. 2. Conformance to this title, including the cessation of any current violations • The bollard lights that are required at the intersection of pathways with streets must meet the City's specifications. • A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by-the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. #Z-04050 West Winds CUP/PUD Staff Report 9 • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27`h Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan,which calls for a Bike Lane for the entire extent of Baxter Lane. • Davis/Fowler Lane (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan,which calls for a Bike Lane for the entire extent of Davis Lane. • North 27`h Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`'once it is completed. i The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park 0 All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. • Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R 3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit #Z-04050 West Winds CUP/PUD Staff Report 10 0 application,whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs perrrritted within the PUD and shall include information regarding the materials,colors and illumination. • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder's Office prior to installation of required infrastructure. • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure im-Drovements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids,silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. • The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase. • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing; may be reviewed and reduced during design review of the final site plan for each lot and/or phase. #Z-04050 West Winds CUP/PUD Staff Report i 0 • The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. • In locations where Baxter Lane and Fowler Avenue (aka Davis Lane) are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe,per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy. • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Gea BmermnA7w TranTowtionPlar; 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. • Plans and Specifications for streets and storm drainage facilities for each phase, prepared #Z-04050 West Winds CUPRUD Staff Report 12 and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Wiridward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) residential lots that front on Buckrake Avenue and Hunter's Way near Baxter Lane and Oak Street; (2) the location of Cobblestone Court from Oak Street; (3) the location of Spring View Court from Fowler Avenue (aka Davis Lane); and (4) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue (aka Davis Lane), the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue (aka Davis Lane) and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc) shall be obtained. 1 • Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior #Z-04050 West Winds CUP/PUD Staff Report 13 to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 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. The following code provisions must be addressed prior to Final Site Plan approval: 3. Conformance with all other applicable laws, ordinances, and regulations The applicant is required to provide copies of all applicable permits, in regards to storm water,wetlands and stream requirements,with the Final Plat submittal. 4. Relationship of site plan elements to conditions both on and off the property Construction of the trail corridor along Cattail Creek will be continued through the subject property. The Design Review Board noted the lack of rhythm of the subdivision with regard to the lot layout, especially the lots backing up to the stream corridor. The lots on the east side of Hunters Way lack harmony with the grid pattern on the west side of the street. The Board recommended that some of the lots be removed along Hunter's Way and additional open space corridors added to better integrate the lots with the adjacent grid pattern. During the initial review of the Concept Plan the Planning Staff had commented on the need for buildings to be oriented_ to face the external arterial and collector streets. Unfortunately, access will not be permitted on the external streets. The-developer has proposed an agreeable alternative. The affected buildings will have additional architectural requirements to essentially provide a building with two fronts. Page 3-4 of the applicant's submittal proposes to incorporate small porches and meandering concrete sidewalks to connect to the boulevard sidewalk The section further states that no rear fences will be permitted on these lots. For the sake of functionality Planning Staff recommends that the possibility of a 4 foot fence remain an option. Instead we would prefer to see a coordinated fence detail or theme for the subdivision. The recommended condition of approval would require the covenants and the design guidelines to reflect the building design and fencing issue. #Z-04050 West Winds CUP/PUD Staff Report 14 • • The development of the subject property will also provide the extension of 27`h Avenue, Oak Street and eventually Davis Lane. Buckrake Avenue and Hunters Way will be extended from Harvest Creek Subdivision and Tschache Lane will eventually connect to 19`h Avenue. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The applicant's traffic study projects 5,454 average daily trip ends with the full build out of the subdivision. Intersections must be designed to provide a Level of Service of at least a C but in no case shall a Level of Service D be accepted. Table 4, page 30 of the traffic study indicates an acceptable Level of Service before development and at full build out for the 19`h Avenue and Tschache Lane. and the 19`h Avenue and Baxter Lane inter-sections. The study indicates a current Level of Service E at the intersection of Durston Road and 19`h Avenue. The Engineering Department will require additional information prior to commencement of Phase 1. No access will be allowed from individual lots onto the external streets. Building permits will be reviewed for parking compliance for single-household to four-plex buildings. Parking will be evaluated for buildings providing more than four units and lots that develop with more than one building per lot during site plan review. 6. Pedestrian and vehicular ingress and egress The submittal provides details for the street sections in Final Appendix I. Typical street and sidewalk details will need to be provided with the nal Site Plan. The street sections provided in the submittal do not match city standards. A bike path is required on the north side of Oak Street as an extension of the existing multi- use path system along the east portions of Oak Street. The Board would prefer a bike land and a bike path on Oak Street. Bike lanes are required on 27`h Avenue, Baxter Lane and Davis Lane. Tschache Lane is a local street that will be extended through the middle of the subdivision and is noted in the submittal as a 40 foot local street within 65 feet of right of way. The detail suggests a 5 foot wide bike lane. In addition, the Bicycle Advisory Board has recommended a condition of approval requiring Hunters Way to be signed as a bike route. The trail within the stream corridor will provide an alternative means of access to the subdivision. The trail will need to be constructed to a Class II standard. 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 The subdivider is responsible for installing irrigation and street trees in the boulevards of the external streets. The landscape plan indicates a variety of trees being used like Green Ash, Bur Oak and American Elm. The watercourse setback must be landscaped per Section 18.42.100. Typically the watercourse setback would be planted as follows: #Z-04050 West Winds CUP/PUD Staff Report 15 Zone 1: • 0-9 feet from high water mark with native riparian sedges, forbs and grasses 0 9-30 feet from high water mark with native trees spaced 25 to 35 feet apart and shrubs 5 to 15 feet apart Zone 2: • 30-50 feet from high water mark with new or existing native grasses Comparatively, a 15 foot watercourse setback would provide plantings as follows: Zone 1: • 0-2.7 feet from high water mark with native riparian sedges, forbs and grasses • 2.7-9 feet from high water mark with native trees spaced 25 to 35 feet apart and shrubs 5 to 15 feet apart Zone 2: • 9-15 feet from high water mark with new or existing native grasses The applicant did not request a relaxation from the watercourse planting requirements. The landscaping plan does not currently meet the watercourse setback planting standards. Despite the width of the setback it will need to be planted as outlined. The landscape plan also depicts numerous tree and shrub plantings within the designated soccer field area. The Park Plan will need to include a landscape plan. The plan should indicate the area free of trees and shrubs if it is in fact Master Planned with soccer fields. 8. Open space The West Winds plan notes a buffer area around the entire subdivision to buffer the homes from the arterial and collector streets. The buffer areas are anywhere from 20 to 100 feet in width. The watercourse setback is generally identified as open space and utilized to meet the open space requirements of the Planned Unit Development. The watercourse setback is not generally permitted to count towards the parkland dedication for the reasons discussed at the beginning of the staff report. Instead the developer has requested that the watercourse i setback width be relaxed as well as counted towards the parkland dedication requirements. 9. Building location and height Maximum building height in the "R 3" zoning district: • 32 feet for a roof pitch less than 3:12 • 38 feet for a roof pitch between 3:12 and 6:12 • 40 feet for a roof pitch between 6:12 and 9:12 • 42 feet for a roof pitch greater than 9:12 #Z-04050 West Winds CUP/PUD Staff Report 16 10. Setbacks Minimum yard setbacks in the "R-3" zoning district: • 15 or 20 foot front yard setback (20 feet for the garage and 15 feet for the remainder of the house) • 20 foot rear yard • 5 foot side yard The 50 foot watercourse setback is measured from the edge of the high water mark of the stream or the edge of the associated wetland or whichever is greater. Planning Staff affirms that the four lots adjacent to the watercourse in Phase 1A are within the 50 foot setback of the wetlands. The Unified Development Ordinance does not prohibit lots within the setback but it does prohibit structures within the watercourse setback This is the reason Planning Staff does not support lots platted within the setback It only leads to future conflicts with home owners and enforcement problems when people wan.to build fences or detached storage buildings on their property. Allowing lots to be platted within the watercourse setback essentially puts the burden on the home owner rather than the developer. 11. Lighting The original street lighting plan did not meet the standards outlined in Section 18.42.150. Based on Staff comments the plan was revised and submitted on April 8, 2004. The submittal depicts standard site lighting for the street intersections. This type of light is permissible as a street light. However, a bollard style light is more appropriate for pathway intersections. Planning Staff would like to see a standardized bollard for the City's trail system preferably something that would be identifiable anywhere on the Qty's trail system. The bollard light detail will be provided to the applicant once the specifications have been agreed to by the City. 12. Provisions for utilities, including efficient public services and facilities There is an existing sewer main that runs north to south through the property. The park has been designed over the main with a manhole noted within the dedicated parkland. The Water&Sewer Department will allow the manhole to be constructed within the park as long as permanent access is constructed to the manhole. This will require an access to be installed from Buckrake Avenue and for a 10 foot natural fines path to be installed to the far edge of the manhole. The Parks Department is agreeable to the manhole remaining within the park as long as it does not interfere with the location of the soccer fields. There is an existing 10" and 12" water main and a 20" sewer main in Oak Street, 24" sewer main in Baxter Lane, 10" water main in 27' Avenue and a 12" water main in Davis Lane. All of these utilities will be extended from the current locations to service the subdivision. The Water Plan is depicted in Figure 6.1 and the Sewer Plan in Figure 6.2 of the applicant's submittal. #Z-04050 West Winds CUP/PUD Staff Report 17 13. Site surface drainage Figure 6.3 of the applicant's submittal identifies the location of the storm water ponds and catch basins for the subdivision. The ponds noted within the park cannot be calculated to meet the parkland dedication requirements. The Unified Development Ordinance limits storm water facilities to less than 1/3 of the area of the required front yard. The ponds are a utility function that detracts from the streetscape. Aspen Meadows on Oak Street and Ferguson Meadows on Durston Road are good examples of how storm water ponds detract from the overall aesthetics of the subdivision. This project is being reviewed as a Planned Unit Development and is supposed provide a project that exceeds the City's standards. Therefore, Planning Staff recommends that not more than 1/3 of the yard area adjacent to the external streets be used for storm water ponds. The ponds should also be designed with a more organic shape. The ponds should be incorporated as a design feature with the appropriate vegetation. Per the U.D.O., storm water cannot be discharged into an active irrigation facility. However, a watercourse setback, aside from the numerous benefits previously outlined, is intended for nutrient and pollution removal from storm water runoff. The pollutants are supposed to be filtered from the aqueous solution as it passes through the soil profile. An inadequate setback will lead to major impacts to the City's ability to regulate storm water quality. This also has potential implications on the cost borne by the City to provide adequate storm water facilities in order to comply with new storm water quality regulations. 14. Loading and unloading areas Not applicable. 15. Grading The applicant's response indicates that the site is relatively flat with a consistent slope of 1.2% to the North. The ditch and the creek provide the only variation in grade. As a result only typical grading associated with infrastructure installation will be necessary with two exceptions. One, the 0.07 acre isolated wetland located in the senior living area will be filled. Two,the east lateral,which has been reclassified from a stream to a ditch,will be filled. 16. Signage The applicant's submittal refers to subdivision Signage but no details were provided. A Comprehensive Sign Plan that identifies size, lighting, materials and colors must be submitted with the Final Site Plan. Once the signs have been reviewed and approved then the subdivider may apply for a sign permit. 17. Screening Screening is generally recommended between uses of different character or residential uses with different densities. No screening has been recommended with the Planned Unit Development. Planning Staff will evaluate the need for screening during site plan review for the larger building complexes. #Z-04050 West Winds CUP/PUD Staff Report 18 I 18. Overlay district provisions Not applicable 19. Other related matters, including relevant comment from affected partYes A letter from Linda Stansbury, 710 Hunters Way was submitted on May 4, 2004. She is concerned with the possible cut-through traffic that will occur on Hunters Way. Ms. Stansbury suggests offsetting the road at the Oak Street intersection. Offset of the road is not an option because the offset distances of all of the connecting streets would be impacted. The condition of approval requires the applicant to look into traffic calming devices that can be incorporated into the road design. These details will be reviewed during the appropriate subdivision phase. 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. a. 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; b. 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. Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits" In addition to the review criteria outlined above,the City Commission shall, in approving a conditional use permit,find 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 subject property is 161.30 gross acres. After netting out 12.53 acres for the perimeter roads and 30.34 acres for the internal road configuration there is 118.43 acres still remaining. Based on the density provided in all of the reports and the potential densities obtainable in the "R Y Medium Density zoning district staff has calculated a parkland requirement of 26.26 acres (compared to 31.08 acres required.by Planning Staff during Pre-Application review in October An average 5,000 square foot single-household residence has a minimum of 2,200 square feet of yard area (open space) per unit. Apartment buildings are required to provide 150 square feet of open space per dwelling unit with the assumption that adequate parkland was dedicated with the subdivision that created the residential lot in the first place. Given this example, an average ' apartment dwelling would have less than 7% of the yard space. Yet, based. on the applicant's #Z-04050 West Winds CUP/PUD Staff Report 19 • { argument for the 11% dedication factor this same apartment dwelling would only generate the requirement for 0.008 acres of parkland versus 0.030 acres for every single household residence. The property owner argues that the open space and parkland requirements are cost prohibitive. .: Open space and parkland are amenities that are coveted by most home owners. Besides, parkland should never be an afterthought or the undevelopable leftovers. 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. Within the "R 3" Medium Density District single-household to four-plex buildings and five unit townhouse (side by side) buildings are a permitted use. Apartments and senior assisted living/elderly care facilities are a conditional use in the zoning district. The Unified Development Ordinance defines apartment buildings as having five or more dwelling units in a top and bottom configuration. Allowing apartment buildings does not change the density of the district. Each lot shall be required to provide a minimum of 3,000 square feet of area for each proposed multi-household unit. 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: Vl f, a. Regulation of use Staff has recommended a condition of approval to require all lots to be platted outside of the watercourse and wetland setback to protect private property. b. Special yards,spaces and buffers No special yards are required. However,Planning Staff,the Development Review Committee, the Design Review Board, the Wetlands Review Board and the Recreation & Parks Advisory Board do not support the relaxation to the watercourse setback and the allowance to double count the required watercourse setback to meet the dedicated parkland requirements. c. Special fences, solid fences and walls The developer has suggested no fences for the lots that back onto 27`h Avenue, Oak Street, Davis Lane and Baxter Lane. Planning Staff feels the allowance for a 4 foot fence should be incorporated into the covenants. d. Surfacing of parking areas A soccer park generates a significant parking requirement. The developer will provide the necessary parking for the Neighborhood Center. The preliminary plan depicts an excess of parking which can be used for the park use. However, the parking will need to be evaluated further during site plan review. Planning Staff recommends a condition of approval to remove some of the lots backing up to the park in order to provide adequate parking in front of the park rather than in front of the residences. e: Requiring street,service road or alleydedicadons and improvements or appropriate Bonds All public streets will be dedicated and improved with the appropriate phase. If concurrent construction is approved by the City Commission then the inf rastructure must be financially guaranteed according to the provisions outlined in the Unified Development Ordinance. #Z-04050 West Winds CUP/PUD Staff Report 20 r Return original to: Tarlow, Stonecipher&Steele,PLLC 1705 West College Street Bozeman,MT 59715-4913 '�-Q 2286370 INSTRWENT OF POOR IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� 12907l1 of 22 III)IIII IIII 2007 03:40P PHOTO L Ri,.FH'1`Z QLJTA41iY Charlotte Mills-Gallatin Co MTMISC 174.00 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ARTICLE I: DECLARATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ("Declaration") is made and entered into this day of November, 2007, by Cascade Development, Inc., a Montana corporation, ("Declarant") and BVI/HJSI Bozeman, LLC , a Florida limited liability company (`BVI/HJSI"). WITNESSETH: WHEREAS; each of Declarant and BVI/HJSI respectively owns certain parcels of real property in the City of Bozeman, Gallatin County, Montana, as described on Exhibit 1, attached hereto, which parcels, in aggregate are known as the Senior Living Area; WHEREAS, the Senior Living Area lies within a master planned development known as West Winds Community Planned Unit Development and Major Subdivision as conditionally approved by the City of Bozeman on May 24, 2004; WHEREAS, per the approved Master Plan depicted on Exhibit 2, attached hereto, the Senior Living Area will accommodate senior housing ranging from skilled nursing care to independent living, as defined in# Z-04050- West Wind Planned Unit Development ("PUD") Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area Page 1 of 9 WHEREAS, the Senior Living Area includes Property that, in lieu of individual residential lots, has been sold and developed as a single ownership parcel consistent with Option 1 of the approved West Winds PUD. Such single parcel ownership was not, for this section of the West Winds development; consistent with the uses described in the West Winds Declaration of Covenants, Conditions and Restrictions recorded September 23, 2005 under Document No. 2202936, records of the Gallatin County.Clerk and Recorder;Gallatin County, Montana, and as amended by the First Amendment to Declaration of Covenants Conditions and Restrictions West Winds Master Homeowners' Association, Inc. recorded July 12, 2007 under Document No. 2272319, records of the Gallatin County Clerk and Recorder, Gallatin County, Montana (collectively the "WWCCR"); WHEREAS, Article 17.7 of the WWCCR authorizes the Declarant to withdraw properties from the coverage of WWCCR, provided such withdrawal is not contrary to the overall scheme of development of West Winds; a WHEREAS,the Declarant wishes to withdraw the Senior Living Area depicted on r-N 6 [h Exhibit I from the coverage of the WWCCR, and replace said coverage with this new N Declaration in order to provide more appropriate regulations and controls for the Senior N m,a m N a Living Area; and a � a � v WHERE-AS,withdrawal of the Senior Living Area from the WWCCR will not discharge � U N E the owner of any Property within the Senior Living Area from conforming to the requirements of the City of Bozeman, including, but not limited to the requirements of ro the West Winds PUD Conditions of Approval and Final PUD Plan; Bozeman's Uniform � m ' Development Ordinance ("UDO"); and the requirements of the Bozeman Municipal Code � N i�' (`BMC"), which include, but are not limited to development density units caps, m affordable housing requirements, park land dedication requirements, and restricted size - L dwelling unit requirements. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 2 of 9 NOW,THEREFORE, the Declarant and BVI/HJSI adopt this Declaration as set forth herein. ARTICLE Il: DEFINITIONS 2.1 "Architectural Review Authority" or"ARA" shall refer to the person authorized and appointed by the Owner of a Property,by the method deemed appropriate by that Owner, to enforce the architectural standards and to certify that improvement plans proposed for Property improvement are consistent with such standards. 2.2 "Articles"means the Articles of Incorporation of West Winds Master Homeowners' Association, Inc., as amended from time to time, and of any successor thereto. 2.3 "Association"means the West Winds Master Homeowners' Association, Inc., which under the WWCCR, is defined as Cascade Development, Inc. 2.4 "Common Areas" means all real property and the improvements or amenities thereon held by the Association for the common use and enjoyment of all owners and occupants of West Winds, including but not limited to all areas a depicted as "common areas" on the recorded plats of West Winds. M"a 2.5 "Declaration"means this Declaration of Covenants, Conditions and boa a c0 M" Restrictions West Winds Senior Living Area. N �0 N a N 2.6 "Declarant"means Cascade Development, Inc, a Montana corporation, its a a tz successors and assigns. 2.7 "Owner" or"Owners"means the record Owner, whether one or more persons � U or entities, of a fee simple title to any Property which is part of the Senior � U Living Area. C .� 2.8 "Occupant"means any person, other than an Owner, in rightful possession of any portion of the Property. N E2.9 "Property"refers to any parcel, lof, tract, or unit within the Senior Living Area m as removed from the West Winds Declaration of Covenants, Conditions and r Restrictions by the Declarant. U Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area , Page 3 of 9 2.10 "Senior Living Area" includes all property as described as such on Exhibit 1. 2.11 "West Winds"means the "West Winds Community Planned Unit Development and Major Subdivision, #Z-04050 and #P-04009" and subsequent files, as approved by the City of Bozeman, Montana. ARTICLE III: AUTHORITY AND TERMINATION OF AUTHORITY 3.1 Declarant has authority to remove certain land from the WWCCR pursuant to Article 17.7 thereof. Once removal of the Senior Living Area from the WWCCR has been accomplished, such authority on behalf of Declarant shall expire. Each time a Property is so removed from the WWCCR and is purchased by an Owner, the Owner assumes authority to implement and enforce this Declaration. ARTICLE IV: LAND USE 4.1 Senior Residential Use: Property within the Senior Living Area may be used only for the construction and occupancy as stated in BMC Chapter 18.16 under the R-3 zoning designations and those permitted under the PUD. Such uses shall be consistent with the 0 PUD, as approved by the City of Bozeman. N Cq N 0 rn O 0 rr 0 CC) ARTICLE V: DESIGN GUIDELINES N ;0 N a 5.1 Architectural Review Approval: Plans, preliminary construction drawin-gs and a. a � o description of proposed building materials for all proposed buildings, fences, and other _ improvements to the Property, or any portion thereof, shall be submitted to and approved � U by the ARA prior to any construction. All such construction must conform to the approved plans and to applicable sections of the BMC. All such plans, preliminary construction drawings and proposed building materials must also receive a stamp of approval from the Association's Architectural Control Committee prior to submitting a N vsite plan application or building permit application, whichever comes first, to the City of 0 Bozeman for review. The Association's Architectural Control Committee shall review these plans, preliminary construction drawings, and proposed building materials (e.g., color, texture and durability) only for continuity of development with West Winds. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 4 of 9 BVI/ HJSI's plans permitted by the City of Bozeman are attached hereto as Exhibit 3. The Association's approval of the BVI/HJSI plans is attached hereto as Exhibit 4. 5.2 Building Setbacks: All buildings shall have setbacks as required by BMC § 18.16.050. 5.3 Building Height Limit: The maximum height of all multi-household apartment type buildings shall.be forty two (42) feet for a roof pitch equal to or greater than 5:12. Said buildings are subject to site plan review under BMC Chapter 18.34. The maximum height of all other buildings shall conform to BMC § 18.16.060. - 5.4 Building.Materials: All building materials shall be compatible in color, texture and durability with the residential character of the West Winds community. 5.5 Landscaping: Landscaping is required to enhance property value and arnenities of the Property. All proposed landscaping, site finish grading, irrigation and materials shall be submitted with the proposed building plans to the ARA for approval prior to installation and construction. Landscaping shall conform to the provision of BMC Chapter 18.48. Suggested deciduous trees include Aspen, European Green Birch, Rocky Mountain and Big Tooth Maple. Suggested evergreen trees include Colorado Spruce, a Lodge Pole Pine, Engleman and White Spruce, Sub Alpine Fir and Scotch Pine. 0 a r'N a Installation of boulevard street trees as required by the City of Bozeman shall include N N specifications for a planting hole at least twice the diameter of the root ball, with the root CO N m flare of the newly-planted tree visible and above ground, and with a mulch ring three to INro N a� four feet in diameter around each newly planted boulevard tree. a r T 5.6 Noxious Weeds: Each Owner shall be responsible for the control of state and N county-declared noxious weeds on his or her Property, to Gallatin County standards. In the event an Owner does not control the noxious weeds on his or her Property, after ten O (10) days written notice from the Association, given to an Owner via Certified Mail, at ro the Owner's address in the records of the Clerk & Recorder of Gallatin County, Montana, the Association may cause the weeds to be controlled. The cost of any such remedial actions shall become a lien against the Property owned by the offending Owner. o 5.7 Building Orientation along Arterial and Collector Streets: Buildings located on � t . U Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 5 of 9 Property adjacent to'arterial and collector streets shall provide a front architectural appearance with a sidewalk connection to each building entrance. No fences shall be constructed more than four(4) feet in height on Property adjacent to Davis Lane and Oak Street, and any such fences shall have a design consistent with those permitted in West Winds. ARTICLE VI: MAINTENANCE OF COMMON AREAS 6.1 The Owner, or its duly delegated representative, shall maintain and otherwise manage all Common Areas on the Owner's respective Property within the Senior Living Area, including, but not limited to landscaping, walkways, paths, trails, and stordn water facilities. Such maintenance shall meet the standard of care consistent with the remainder of West Winds. 6.2 In addition, the Owner shall be responsible for annual payment of a pro-rata share of the expense for maintenance of the Common Areas, including but not limited to West Winds Park, park fixtures, subdivision streets, trails, drives,.and storm water facilities. The terms of this annual payment will be confirmed.by a written instrument executed by the Declarant and each Owner and recorded with the Gallatin County Clerk and Recorder, Gallatin County, Montana. Each Owner shall also be responsible for paying its applicable share of assessments to any applicable lighting district or other special m a improvement district created, which district includes the Property: N M MN0 Co ID � oo a Nm� ARTICLE VII: AMENDMENT Na" 0 7.1 Amendment to Declaration: Amendments to this Declaration shall be made by an instrument in writing entitled"Amendment to Declaration". An amendment may be N made only by the affirmative vote of the Owner or.Owners owning the Property p comprising at least sixty percent (60%) of the land area within the Senior Living Area, with such amendment to be subject to concurrence by the City of Bozeman Director of Planning & Community Development, confirming that said Amendment is compatible N with the West Winds PUD and any other applicable zoning and/or planning regulations. E Each Owner shall have.a vote based on the ratio of the total square footage of its Property, in proportion to the total square footage of the Senior Living Area as a whole. - L In the event'any portion of a Property is ever further subdivided or if any portion of a ' Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area Page 6 of 9 Property is submitted to condominium ownership under the Montana Unit Ownership Act, the vote initially allocated to that Property shall be divided among any new lots and/or units so that the total vote allocated to that Property for purposes of amendment of this Declaration is maintained. Any provision required as a condition of the West Winds preliminary plat and/or PUD approval and required by the Bozeman City Commission may not be amended or revoked without the mutual consent of the Owners, obtained pursuant to the requirements of this section, and the City of Bozeman. An amendment approved pursuant to the requirements of this section shall be recorded in the records of the Clerk and Recorder of Gallatin County,Montana and shall be effective upon recording. ARTICLE VIII: ADMINISTRATION AND ENFORCEMENT 8.1 Term: The provisions of this Declaration shalt be binding for a term of ten (10) years from the date hereof and may be amended during that period only by the affirmative vote of the Owners, pursuant to the amendment provisions of section 7.L After the initial ten (10) year period, the Declaration shall automatically extend for successive periods of ten (10) years, unless an instrument agreeing to amend the a Declaration has been executed and recorded pursuant to section 7.1 of this Declaration. r-N C; M`m 8.2 Enforcement: Enforcement of this Declaration shall be by proceeding either at tD °a N m0 law or in equity against any person or persons violating, or attempting to violate, any N a N terms of this Declaration; and the legal proceedings may either be to restrain violation of � a this Declaration by injunctive relief, to recover damages, or both. Should any legal . proceeding be instituted by an Owner against a person alleged to have violated one or more of the provisions of this Declaration, and should the Owner enforcing the provisions of this Declaration be wholly or partially successful in such proceeding, the offending person shall be obligated to pay the costs of such proceeding, including reasonable attorneys fees and costs associated with the proceeding. � m In the event any portion of a Property is ever further subdivided or is submitted to condominium ownership under the Montana Unit Ownership Act, the Owners of any new lots and/or units shall appoint, by the method to be determined by those Owners, a single Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 7 of 9 representative for purposes of enforcing against the Association any term-of the written instrument to be executed by the Declarant and each Owner pertaining to maintenance expenses, pursuant to Paragraph 6.2 of this Declaration. 8.3 Invalidation: Invalidation of any term of this Declaration by judgment or by court order shall in no way affect any other term or provision, all of which shall remain in full force and effect. f� Dated this day of November, 2007. Cascade Development, C. VAB ` JoL Dunlap Its President State of Montana ) a o SS. N N a County of //a ' ) Mw� CO°°" This instrument was acknowledged before me on the 7 ^day of r N " 2007,by John Dunlap as President of Cascade Development, Inc. a a a ,-CIE S. h, iiO C O Q'�• • 2 Notary Public for the State of Montana a TARM • 0 v �� �'. _ Printed Name: �a 4 9 Residing at: __Bo zewaol, M U � ��• ', ,. Q` My Commission expires: 0/-02. 2a// J, E � O � ro L U Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 8 of 9 BVI/HJSI Bozeman, LLC By: --Z '. State of_awL::f_� ss. County of NK ) This in trument was acknowledged before me on the�ay of November, 2007, by JG dale WALWA of BVI/HJSI Bozeman, LLC. FICIAL SEAL -PHANIE RENZI Notar blic for e to of 0b IU ,f ARY PUBLIC-OREGON Printed Name: U COMMISSION NO.415980 M OMMISSION EXPIRES APRIL 3,2011 Residing at: 01Z My Commission expires: i .6 0 i a 0 v p-N M N 0 (Q o o OFFICIAL SEAL 00°'N STEPHANIE RENZI N NOTARY PUBLIC-OREGON IN N COMMISSION NO.415980 a MY COMMISSION EXPIRES APRIL 3,2011 � o � v n � U r � _ E O - U C r .~ � ro � y � o - L t U Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 9 of 9 yt: . Y a ` T oil RR Ellin 1111111 ones 0 I lid mill oil Mrs Cascade LL CC E c F SECTION ®s Ingkiming Inc. til ay. ME A AMENDMEN a- Senior a , pages) • q q4 q ,q• 111 i,. --i l l i � 4 c BAXTER.•LANE ', I_. I •� IL,'' I ....... ...._ -------------------- - - - - --. a ®'®� I fry I - -� -- --= -- r-�--=- - r--- -� ,1 1 T . o i a a V .. LEGEND WEST WINOS COMMUNITY ----•-- PROPOSED ROAD wort a WAY PROPOSED iRUC 5r5iCY ,' NW 1/4 SECT/ON 2; T.2.S., R.S.E., P.M.M.' ----------- PROPOSEDT P R OPOSED LOT ,{ GALLATIN COUNTY N, MOTANA I..• COT W LNEC PROPOSED ROM CENTEI—L OA Engineering Inc. O0°Nc rc uRDs �� McChesney Professiond Bldg. In' 601 WbnDr.•Stile 2 Q OPT/ON 1 3cxemon.MT 59715 8 t406)5&6•BB;J .00 D .oa FIGURE SD- L FAX(E06I SU-1730 is= fed D.TC J T 2007 PR"Cl NO.WW67.125 6 �a rlPl"'T O I0M hKR Tlq.,e 4 til.♦4 nw-Rcl 0. 2286370 Ilillllll IIIIIIIIIIIIIIIII IIIIIIIIIIIIIiII IIIIII III`III 1 Page: f 22 2/07/2007 03:40P Charlotte Mills—Gallatin Co MTMISC 174.00 Senior Living Area Legal Description West Winds Phase 3 Parcel I of the Amended Plat of Lots 1 and 2, Block 2, West Winds Phase 3 Major Subdivision to the City of Bozeman, Gallatin County, Montana [Plat Reference:J-458-A] West Winds Phase 4 Beginning at the west quarter corner of Section 2, Township 2 South, Range 5 East, Principle Meridian Montana, being the true point of beginning; Thence, along the west line of said section 2, North 01°35'22" East, 700.37 feet; Thence, North 89042'52" East, 889.88 feet; Thence, South 00017'08" East, 700.00 feet, to the east-west mid section line of said section 2; Thence, along the east-west mid section line of said section, South 89042'52"West, 912.79 feet, to the point of beginning, containing 14.484 acres. West Winds Phase 5 Commencing at the West Quarter Corner of Section 2, Township 2 South, Range 5 East, P.M.M., along the East right-of-way of Davis Lane, North 01°35'22" East, a distance of 700.37 feet; Thence, North 891142'52" East, a distance of 50.03 feet, to the True Point of Beginning; Thence, North 01035'22" East, a distance of 338.90 feet; © a Thence, North 90000'00" East, a distance of 751.57 feet; t``"C' Thence, North 13015'34"West, a distance of 61.64 feet; cr�^N 4 a Thence, North 90000'00" East, a distance of 146.74 feet to a point 0 00 of curvature concave northerly; N m Thence, along said curve to the left, having an arc length of 93.59 N a" feet, a radius of 330.00 feet, a central angle of 1'6014'59" and a a � a chord bearing North 81052'31" East, 93.28 feet; T Thence, North 73045'01".East, a'distance of 164.16 feet; Thence, South 21021'34" East, a distance of 375.89 feet; Thence, South 68°27'39" West, a distance of 191.63 feet to a point of curvature concave northerly; Thence along said curve to the right, having an arc length of 174.34 feet, a radius of 470.00 feet, a central angle of 21°15'13" and a ��. chord bearing North 79005'15" East, 173.35 feet; N Thence, South 89942'52"West, a distance of 931.97 feet to the point of beginning, containing 10.015 acres. 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Pr r,.... .......... oO i (a,� ;z L >r- r I > n m NOIlVn9l31N0?13-Z'4 3�V11OJ .J --- � I. I I' r J I , — 2 Z. • i SWFiI WY �y� � .ofr.ro.�e.l M).w'���e.�u��s•e.w�'nv S310N 1VS3N3D I 112286370 Illl�llIIIIIIIIIIIIIIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIII� 1Page: 21 f 22 2/07/200703:40P 13S NOIlDnNISNOD Charlotte Mills-Gallatin Co MTMISC 174.00 LO'£d ; s SNOIIVA313 I jNOIIVA3131S3M-Z'0 30V110J — :_.r . .... -- - .... _ r :W:'Y,l w�l .11..n -•,w�.ww:C,..1:LY,;,:.w.,.n .... ... _._ .._—.... _. ... _.... �, . . i >m °Z j �r D m m i .. . _..._..___.._.....•..,.....---......___..__. NOI1VA3131SV3 30VllOJ - -- _- _ - t j ... .. W. z , i .j ...._._. _......._. j, �f M �. _........ i - - D t".s Z_..•.. --- -aN3�31 SIVI?131VW . -�� 5310N 1Va3N39 AN 1C;-� a N �or coN N 1{ M NAN N o September 7,2007 Mr. Ron Ziebart r Farmington Centers,Inc. N 5100 SW Macadam Avenue Suite 360 Portland,Oregon 97239 t0 RE:Architectural Design Approval for Bozeman Village ro I Dear Mr. Ziebart, W . Please accept this letter as confirmation that the proposed plans for the Bozeman Village project submitted for construction on Lots 1 and 2 of Block 2 Phase 3 of the West Winds Major Subdivision were approved by the Architectural Design Review Committee on r June 6,2007. The submitted plans met the required design guidelines as stated in the U West Winds Covenants, Conditions and Restrictions Section 11.2. Sinc rely, J� of ` M. Dunlap i I ��Nfli�ItN!! t <J C� MIM, As 'Ids SU06 Cascade Development,Inc. 1627 West Main#223 Bozeman,MT 59715 IEXHIBIT 1 4 �1 pg.) Return to: Tarlow,Stonecipher&Steele,PLLC 1705 W.College St. Bozeman,MT 59715 IIIII II IIIII IIIII IIIIIII(IIII IIII IIIIIIIIIIIIIIIIIIIII 2287f 68P Charlotte Mills-Gallatin Co MTMISC 42.00 Supplement to Declaration of Covenants, Conditions and Restrictions: West Winds Senior Living Area This Supplement to Declaration of Covenants, Conditions and Restrictions: West . Winds Senior Living Area ("Supplement") is made as of the date set forth below by Cascade Development, Inc., a Montana corporation ("Cascade")",West Winds Master Homeowner's Association, Inc., a Montana non-profit association (herein the "Association"), and BVI/HJSI Bozeman, LLC, a Florida limited liability company (-'BVI/HJSI"). RECITALS WHEREAS, BVI/HJSI and Cascade, in its corporate capacity and on behalf of the Association, executed the Declaration of Covenants, Conditions and Restrictions: West Winds Senior Living Area dated November 30,2007-AhVe6orded in the office of the Clerk and Recorder of Gallatin County, Montana on December 7, 2007 under Document No. 2286310 in connection with the real property described in Exhibit A (hereinafter the "SLACCR's"); WHEREAS, the SLACCR's inadvertently omitted the language set forth below; supplement to Declaration of Covenants, Conditions and Restrictions of West Winds Senior Living Area Page 1 of 5 WHEREAS, Cascade and BVI/HJSI have authority to supplement and amend the SLACCR's pursuant to Section 7.1 thereof, as they constitute the Owners owning the Property comprising at least sixty percent (60%) of the land area within the Senior Living Area; and WHEREAS, BVI/HJSI and Cascade, in its corporate capacity and on behalf of the Association, desire to supplement the SLACCR's as set forth herein, pursuant to their authority to do so under the SLACCR's. NOW THERFORE, the parties supplement and amend the SLACCR's as set forth herein. SUPPLEMENT 1. Supplement. All defined terms referenced herein shall have the meaning described in the SLACCR's. The following_provision shall be added to the SLACCR's: 6.3 West Winds Easements: The Association, pursuant to its right to' do so under Article XIV of the WWCCR, hereby grants each Owner, Occupant, and the agents, tenants, family members and invitees of each Owner and Occupant, a non-exclusive easement to use the-Common Areas in West Winds as required for the purposes of access, ingress to and egress from the Property, and the use, occupancy and enjoyment of the Property. 2. Binding Effect. Except as modified herein, all remaining terms of the SLACCR's shall remain unmodified and in full force and effect. 2287468 IIIIIIIIII Page: 2/20/2007 03:51P I III III IIIIIII IIIIIIIIIII IIIIIIIIIII IIIIII III Charlotte Mills-Gallatin Co MTMISC 42.00 Supplement to Declaration of Covenants, Conditions and Restrictions of West Winds Senior Living Area Page 2 of 5 CASCADE DEVELOPMENT, INC. Y i0fintbunlap, Pre en Date: December ff, 2007 State of Montana ) ss. County of (5ra//aiq!_q . ) This instrument was acknowledged before me on the day of December, 2007, by John Dunlap as President of Cascade Development, Inc. S. � •QZ/ice 'TA-ci •o= Notary Public for the State of Montana (p Residing at: _Ed UMQA Y"c c My Commission expires: o/-az-zai/ i,AM�e`�po`��` 2287468 (IIIII IIIII IIII)IIIIII)IIIII IIII IIIIII III IIIII IIII II��I Page:2/20/2007 03:51P Charlotte Mills-Gallatin Co MTMISC 42.0a Supplement to Declaration of Covenants, Conditions and Restrictions of West Winds Senior Living Area Page 3 of 5 CASCADE DEVELOPMENT, INC., acting on behalf of the West Winds Master Homeowner's Association, Inc. B : Y J n Punlap, its P ident, Date: December L, 2007 State of Montana ) ss. County of a/lo ) This instrument was acknowledged before me on the $ day of December, 2007, by John Dunlap as President of Cascade Development, Inc., acting on behalf of the West Winds Master Homeowner's Association, Inc. ```�� 0 TE S. C,S;%i��� • ���� TA Nota Public for the State of Montana _ t . Printed-Name:....... arfo *• _ ,r, *s Residing at: o e0140 ` . NJ,•• , �� My Commission expires: of-o z-Zola IIII 2287468 I IIIIIIIIIIIIIIIII IIIIIIIIILIIIIIII IIIIIIIIIIIIIII Page:2/20/2007 03:51P Charlotte Mills-Gallatin Co MTMISC 42.00 Supplement to Declaration of Covenants,Conditions and Restrictions of West Winds Senior Living Area Page 4 of 5 BVI �1 o �► p � G F� p O � L 0 M r G J Sta, Cow clG m 90 �* 11;! day of December, 2007, by, °c Allariaw L) of BVI/HJ, a4 w rof Oregon ��I, AIV1S MY C. p O . ►G D°I G 0 tm" v 't3 m 2287468 I IIIII IIIIIIIIIIIIII IIIIIIIII IIIIIIIIII IIIIIIIIIIIIIIII Page:2/2012007 03:51P Charlotte Mills-Gallatin Co MTMISC 42.00 Supplement to Declaration of Covenants,Conditions and Restrictions of West Winds Senior Living Area Page 5 of 5 Senior Living Area Legal Description West Winds Phase 3 Parcel I of the Amended Plat of Lots 1 and 2, Block 2, West Winds Phase 3 Major Subdivision to the City of Bozeman, Gallatin County, Montana [Plat Reference:J-458-A] West Winds Phase 4 Beginning at the west quarter corner of Section 2, Township 2 South, Range 5 East, Principle Meridian Montana, being the true point of beginning; Thence, along the west line of said section 2, North 01°35'22" East, 700.37 feet; Thence, North 89042'52" East, 889.88 feet; Thence, South 00°17'08" East, 700.00 feet, to the tD � east-west mid section line of said section 2; Thence, along the No a east-west mid section line of said section, South 89642'52" West, CO I N 912.79 feet, to the point of beginning, containing 14.484 acres. N m" N a" West Winds Phase 5 r o a Commencing at the West Quarter_Corner..of..Section...2;Township 2 South, Range 5 East, R.M.M., along the East right-of-way of Davis E Lane, North 01 035'22" East, a distance of 700.37 feet; Thence, North 89042'52" East, a distance of 50.03 feet, to the True Point of Beginning; Thence, North 01°35'22" East, a distance of 338.90 feet; r � „ Thence, North 90000'00" East, a distance of 751.57 feet; Thence, North 13115'34"West, a distance of 61.64 feet; Thence, North 90000'00" East, a distance of 146.74 feet to a point s of curvature concave northerly; Thence, along said curve to the left, having an arc length of 93.59 feet, a radius of 330.00 feet, a central angle of 16014'59" and a chord bearing North 8105231 East, 93.28 feet, Thence, North 73045'01" East, a distance of 164.16 feet; Thence, South 21°21'34" East, a distance of 375.89 feet; Thence, South 68027'39" West, a distance of 191.63 feet to a point of curvature concave northerly; Thence along said curve to the right, having an arc length of 174.34 feet, a radius of 470.00 feet, a central angle of 21015'13" and a chord bearing North 79005'15" East, 173.35 feet; Thence, South 89042'52"West, a distance of 931.97 feet to the point of beginning, containing 10.015 acres. EXHIBIT . a A 1` Return original to: Tarlow, Stonecipher& Steele, PLLC 1705 West College Street Bozeman, MT 597 1 5-49 1 3 INSTRUMENT OF POOR PHOTOGRAPHIrw, QUALITY 2286369 IIIIIIIIIIIIIII Page: 1 of 14 IIIIIIIIIIIIIIIII IIIIIII III IIIII IIII ,IIII 210712007 03.4 P 0 Charlotte Mills-Gallatin Co MTMISC 118.00 ASSESSMENT AGREEMENT This Assessment Agreement (herein the "Agreement") is made and entered into as of the date set forth below, by and among Cascade Development, Inc., a Montana corporation with an address of 1627 West Main. Street, Suite 223, Bozeman, Montana 59715 (herein "Cascade"), West Winds Master Homeowner's Association, Inc., a Montana non-profit association with an address of 1627 West Main Street, Suite 223, Bozeman., Montana 59715 (herein the "Association"), and BVI/HJSI Bozeman, LLC, a Florida limited liability company with an address of 5100 Southwest Macadam Avenue, Suite 360, Portland, Oregon 97239 (herein "BVI/HJSI"). RECITALS WHEREAS, the Association is the party charged with maintaining and otherwise managing the common areas depicted on the recorded plats of the West Winds Community Planned Unit Development and Major Subdivision (herein "West Winds"), pursuant to Articles 7.01 and 7.02 of the Declaration of Covenants, Conditions, and Restrictions recorded on September 23, 2005, as Document No. 220,2936 in the office of the Gallatin County Clerk and Recorder, Gallatin County, Montana, as amended, (herein the "Covenants"); WHEREAS, pursuant to the Covenants, the Association is responsible for maintenance of the common areas depicted on the recorded plats of West Winds, which include, but are not limited to the subdivision streets dedicated to the public, trails, drives, and storm water facilities (herein "Common Areas"), and the public West Winds Assessment Agreement Page 1 of 10 Park, which is depicted on Exhibit "A" attached hereto. The Association's maintenance obligations for the Common Areas and the West Winds Park include maintenance of all landscaping, walkways, riding/walking paths, park facilities, park fixtures, and trails, until such time as the City of Bozeman establishes a park maintenance district or similar form of funding; WHEREAS, the Association has the ability to levy and collect assessments against lots in West Winds to fund its maintenance obligations; WHEREAS, Cascade has, pursuant to its authority under Article 17.7 of the Covenants, withdrawn and released the following-described real property from the Covenants: West Winds Phase 3 Parcel I of the Amended Plat of Lots 1 and 2, Block 2, West Winds Phase 3 Major Subdivision to the City of Bozeman, Gallatin County, Montana .[Plat Reference:J-458-A] West Winds Phase 4 Beginning at the west quarter corner of Section 2, Township 2 South, Range 5 East, Principle Meridian Montana, being the true point of beginning; Thence, along the west line of said section 2, North 01 035'22" O East, 700.37 feet; Thence, North 89042'52" East, 889.88 feet; Thence, M a South 00017'08" East, 700.00 feet, to the east-west mid section line of N N said section 2; Thence, along the east-west mid section line of said N m a section, South 89042'52" West, 912.79 feet, to the point of beginning, N a" containing 14.484 acres. a -- West Winds Phase 5 N' Commencing at the West Quarter Corner of Section 2, Township 2 South, E Range 5 East, P.M.M., along the East right-of-way of Davis Lane, North 01 035'22" East, a distance of 700.37 feet; Thence, North 89042'52" East, a distance of 50.03 feet, to the True Point of Beginning; . Thence, North 01035'22" East, a distance of 338.90 feet; Thence, North 90000'00" East, a distance of 751.57 feet; a . Thence, North I3015'34" West, a distance of 61.64 feet; r Thence, North 90000'00".East, a distance of 146.14 feet to a point of V curvature concave northerly; Assessment Agreement Page 2 of 10 Thence, along said curve to the left, having an arc length of 93.5�9 feet, a radius of 330.00 feet, a central angle of 16014'59" and a chord bearing North 81 052'31" East, 93.28 feet; Thence, North 73045'01" East, a distance of 164.16 feet; Thence, South 21°21'34" East, a distance of 375.89 feet; Thence, South 68027'39" West, a distance of 191.63 feet to a point of curvature concave northerly; Thence along said curve to the right, having an arc length of 174.34 feet, a radius of 470.00 feet, a central angle of 2101613" and a chord bearing North 79105'15".East, 173.35 feet; Thence, South 89042'52" West, a distance of 931.97 feet to the point of beginning, containing 10.015 acres. (herein the "Senior Living Area"); WHEREAS, the Senior Living Area includes the following-described real property owned by BVI/HJSI: Parcel I of the Amended Plat of Lots 1 and 2, Block 2, West Winds Phase 3 Major Subdivision to the City of Bozeman, Gallatin County, Montana [Plat Reference:J-458-A] (herein the "BVI/HJSI Property"),; . a a a LO WHEREAS, Cascade owns the real property comprising the Senior Living Area, �o e with the exception of the BVI/HJSI Property (herein the "Cascade Property"); CO N N m WHEREAS, in consideration of Cascade's withdrawal and removal of the Senior N a" Living Area from the Covenants, and in further consideration of the continued use of the � 0 Common Areas and West Winds Park by Cascade, BVI/HJSI, and their successors, assigns, invitees and occupants, Cascade and BVI/HJSI have agreed to pay certain assessments to the Association for maintenance of the Common Areas and.the West Winds Park; WHEREAS, the Association, Cascade and BVI/HJSI desire to set forth the terms ro of their agreement relating to Common Areas and West Winds Park maintenance assessments in this Agreement; N 'NOW THEREFORE, in consideration of the mutual agreements and consideration contained herein, the parties agree as follows: o. t Assessment Agreement Page 3 of 10 AGREEMENT 1. INCORPORATION OF RECITALS. The parties to this Agreement acknowledge and agree that the Recitals section of this Agreement constitutes an integral and material part of this Agreement and that the Recitals section shall be incorporated as though fully set forth herein. 2. MAINTENANCE OBLIGATIONS. The Association shall maintain and otherwise manage the Common Areas and West Winds Park, including, but not limited to any landscaping, walkways, riding /walking paths, park fixtures, trails, and all park facilities at the West Winds Park. The Association shall use a reasonable standard of care in providing for the repair, management and maintenance of the Common Areas and West Winds Park so that each reflects pride of ownership. The Association shall be responsible for control of state and county declared noxious weeds in the Common Areas and West Winds Park, open space, community areas, trails and roadways. The Association's Board of Directors may contract with others for the performance of its maintenance obligations. The Association's Board of Directors may, in the discretion of the Board: a. Construct, reconstruct, repair, replace or refinish any improvement or portion thereof upon the Common Areas or West Winds Park.; b. Replace injured and diseased trees and other vegetation in any Common Areas or West Winds Park; a c. Place and maintain upon any Common Areas or West Winds Park such M n signs as the Association's Board of Directors may deem appropriate for o a the proper identification, use and regulation thereof; and d. Do all such other and further acts that the Association's Board of Directors N m a deems necessary or appropriate to preserve and protect the Common N a" 0 Areas and West Winds Park. a 3. PAYMENT OF ASSESSMENTS. � U a. Cascade. Cascade hereby agrees to pay the Association its pro rata share of all annual and special Common Areas and West Winds Park maintenance assessments levied against the Cascade Property, which pro rata share shall ro be determined as provided in the Covenants. g b. BVI/HJSI. .BVI/HJSI hereby agrees to pay the Association its pro rata share of all annual and special Common Areas and West Winds Park maintenance assessments, which pro rata share shall be $10.00 per calendar quarter, per each unit of BVI/HJSI's 126 unit senior living community (herein "BVI/HJSI's Pro Rata Share"). In the event any portion of the BVI/HJSI Property is ever further subdivided or condominiumized, or if the senior living community Assessment Agreement Page 4 of 10 constructed on the BVI/HJSI Property is expanded to include more units, BVI/HJSI's Pro Rata Share for Common Areas and West Winds Park maintenance assessments will be adjusted accordingly. i. Each of Cascade and BVI/HJSI shall pay its respective Pro Rata Share of Common Areas and West Winds Park maintenance assessments to the Association in such manner and.on such dates as the Association's Board of Directors may establish. The Association shall provide Cascade and BVI/HJSI with the annual budget containing the estimated annual Common Areas and West Winds Park maintenance expenses, and any special Common Areas and West Winds Park maintenance assessments approved for the forthcoming year. i. In the event either Cascade or BVI/HJSI fails to pay its respective Pro Rata Share of Common Areas and West Winds Park maintenance assessments when due and after appropriate notice of the delinquency, the Association shall have the right to lien the Cascade Property or the BVI/HJSI Property to secure payment of delinquent Common Areas or West Winds Park maintenance assessments, as well as interest accruing thereon, subject to the limitations of Montana law, late charges, and costs of collections (including attorney's fees). Such liens shall be superior to all other liens except: CL C31 1. The liens of all taxes, bonds, assessments and other levies that by law would be superior; and . M`a 2. The lien or charge of any first mortgage of record at the tD °o 00 time such lien attaches (meaning any recorded mortgage Na" with first priority over other mortgages) made in good faith and for value. W iii. The Association's lien for delinquent Common Areas and West. Winds Park maintenance assessments may be enforced by judicial E foreclosure and, to the extent allowable under Montana law, Cascade and BVI/HJSI hereby waive, for themselves and their heirs, successors and assigns any homestead exemption and other exemptions from execution exercisable in such a foreclosure proceeding. H iv. Cascade's and BVI/HJSI's respective obligations for payment of. E Common Areas and West Winds Park maintenance assessments under this Agreement shall terminate or shall be reduced accordingly upon the City of Bozeman's establishment of a park maintenance district, lighting special improvement district, other special improvement district or similar form of funding to maintain and manage the Common Areas or West Winds Park. Assessment Agreement Page 5 of 10 I 4. GOVERNING LAW; VENUE. The Agreement shall be governed by and construed in accordance with the laws of the state of Montana and any dispute regarding the interpretation or enforcement of it shall be in the District Court of Gallatin County, Montana. 5.. NOTICE. Any notice required to be giveri under this Agreement shall be in writing and addressed to the parties at their respective addresses set forth below and .shall be deemed to have been duly given if delivered by: (i) hand delivery; (ii) facsimile (with written confirmation of receipt); or (iii) by commercial overnight delivery service, the day following deposit with the overnight courier addressed as follows: If to Cascade Development, Inc.: 1627 West Main Street, Suite 223 Bozeman, MT 59715 If to Association: c/o Cascade Development, Inc. _1627 West Main Street, Suite 223 Bozeman, MT 59715 LO e a v cn a °a If to BVI/HJSI Bozeman, LLC: COW�N Nma m� N a" 5100 SW Macadam Avenue, Suite 360 m Portland, OR 97239 6. COUNTERPARTS. It is agreed that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original document; but all of Which together shall consist of one original. C 7. ASSIGNMENT; BINDING EFFECT. The parties' respective rights and obligations under this agreement may not be assigned or delegated without the written consent of the other parties; except, however, the payment obligations of Cascade and BVI/HJSI shall be automatically assigned to and assumed by any successor in interest of the Cascade Property and BVI/HJSI Property upon transfer thereof, and the -_ ro Association may contract with third parties to furnish maintenance services to satisfy its obligations under this Agreement. This Agreement shall be binding upon the j successors and assigns of each of the parties. Assessment Agreement Page 6'of 10 i 8. ATTORNEY'S FEES; COSTS. In any action brought by a party to enforce any of the terms and obligations of this Agreement, the prevailing party in such action shall be entitled to such reasonable attorney's fees and costs as the court shall determine dust. 9. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement between the parties and supersedes any prior understandings and/or written or oral agreements between them regarding the subject matter hereof. Dated this. day of November, 2007 (Remainder of page intentionally left blank) a / C e / �vo Mir / o o / co IN N �a m, N N a a /� a � U / _ E O / U � m / � E / � O / / Assessment Agreement Page 7 of 10 CASCADE DEVELOPMENT, INC. By: ` J n nlap, its Presid 'nd State of Montana ) ss. County of a/a 1'� ) This instrument was acknowledged before me on the 1 day of ftvember, 2007, by John Dunlap as President of Cascade Development, Inc. 1�11111I►►/lftrs1 ( J Notary Public for the State of Montana Printed Name: ( 0f?, Residing at: 1k-h?T My Commission expires: _o2- ZO/f a o a to a cn a boa m M o W N ••n N 0. o . � m � U V � E O V C � ro i - L � L V Assessment Agreement Page 8 of 10 CASCADE DEVELOPMENT, INC., acting on behalf of the West Winds Master Homeowner's Association, Inc. By: t� Joh D lap, its Presid t, State of Montana ) ss. County of a//&A*„ ) l7 eco�bjz, This instrument was acknowledged before me on the day of Nove> r, 2007, by John Dunlap as President of Cascade Development, Inc., acting on behalf of the West Winds Master Homeowner's Association, Inc. I XD TE tg��iC .`° • y�1-1 Notary Public for the State.of Montana v •�1�TAR�,q ••o Printed Name: ollk *; Residing at: �jo zerY►a n , Nam. S E AL ••Q My Commission expires: a y l_o 2 -Zai` . a a M m N W ..n Nma m� roN o_— 0 � a � U N � F O _ U C N 10 � U � y O � Li �� ro U Assessment Agreement Page 9 of 10 BVI/HJS-I OZ!LMAN, LLC By: Its:.,• "A& State of rwl&2 ) ss. County of ) This in rument was acknowledged before me on the day of November, 2007, by M s MMAW, of BVI/HJSI Bozeman, LLC. 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Dale Beland AIA, AICP Re: West Winds Senior Living Area CCRs Here is the signed final copy. I believe we have included your comments. Please call me after you have reviewed. Happy holidays! West Winds/SLA CCRs transnidal LW 121207.doc 1 P ( Return original to: Tarlow,Stonecipher&Steele,PLLC 1705 West College Street Bozeman,MT 597154913 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ARTICLE I: DECLARATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ("Declaration") is made and entered into this day of ko=4r, 2007,by Cascade-Development, Inc:; a Montana corporation- ("Declarant".) and BVI/HJSI Bozeman, LLC , a Florida limited liability company (BVI/HJSI"). WITNESSETH: WHEREAS; each of Declarant and BVI/HJSI respectively owns certain parcels of real property in the City of Bozeman, Gallatin County,Montana, as described on Exhibit 1, attached hereto, which parcels, in aggregate are.known as the Senior Living Area; WHEREAS,the Senior Living Area lies within a master planned development known as West Winds Community Planned Unit Development and Major Subdivisiotl as . conditionally approved by the City of Bozeman on May 24, 2004; WHEREAS, per the approved Master Plan depicted on Exhibit 2, .attached hereto,the Senior Living Area will'accommodate senior housing ranging from skilled nursing care to independent living, as defined in#Z-04050- West Wind Planned Unit Development ("PUD"); Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 1 of 9 WHEREAS, the Senior Living Area includes Property that, in lieu of individual residential lots;has been sold and developed as a single ownership parcel consistent with Option 1 of the approved West Winds PUD. Such single parcel ownership was not, for this section of the.West Winds development, consistent with the uses described in the West Winds Declaration of Covenants, Conditions and Restrictions recorded September 23, 2005 under Document No. 2202936,records of the Gallatin County.Clerk and Recorder;Gallatin County, Montana, and as amended by the First Amendment to Declaration of Covenants Conditions and Restrictions West Winds Master Homeowners' Association, Inc. recorded July 12, 2007 under Document No. 2272319,records of the Gallatin County Clerk and Recorder, Gallatin County,Montana (collectively the WWCCR'); WHEREAS, Article 17.7 of the WWCCR authorizes the Declarant to withdraw properties from the coverage of WWCCR,provided such withdrawal is not contrary to the overall scheme of development of West Winds; WHEREAS, the Declarant wishes to withdraw the Senior Living Area depicted on Exhibit 1 from the coverage of the WWCCR, and replace said coverage with this new Declaration in order to provide more appropriate regulations and controls for the Senior Living Area; and WHEREAS; withdrawal of the Senior Living Area from the WWCCR will not discharge the owner of any Property within the Senior Living Area from conforming to the requirements of the City of Bozeman, including,but not limited to the requirements of the West Winds PUD Conditions of Approval and Final PUD Plan; Bozeman's Uniform Development Ordinance("UDO"); and the requirements of the Bozeman Municipal Code (`BMC"),which include,.but are not limited to development density units caps, affordable housing requirements,park land dedication requirements, and restricted size dwelling unit requirements. Declaration of Covenants,Conditions and Restrictions 'West Winds Senior Living Area Page 2 of 9 NOW,THEREFORE,the Declarant and BVI/HJSI adopt this Declaration as set forth herein. ARTICLE II: DEFINITIONS 2.1 "Architectural Review Authority" or"ARA" shall refer to the person authorized and appointed by the Owner of a Property,by the method deemed appropriate by that Owner, to enforce the architectural standards and to certify that improvement plans proposed for Property improvement are consistent with such standards. 2.2 "Articles"means the Articles of Incorporation of West Winds Master Homeowners' Association, Inc., as amended from time to time, and of any successor thereto. 2.3 "Association"means the West Winds Master Homeowners' Association, Inc., which under the WWCCR, is defined as Cascade Development, Inc. 2.4 "Common Areas"means all 'real property and the improvements or amenities thereon held by the Association for the common use and enjoyment of all owners and occupants of West Winds, including but not limited to all areas depicted as "common areas"on the recorded plats of West Winds. 2.5 "Declaration"means this Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area. 2.6 "Declarant"means Cascade Development, Inc, a Montana corporation,its successors and assigns. 2.7 "Owner"or"Owners"means the record Owner, whether one or more persons or entities, of a fee simple title to any Property which is part of the Senior Living Area. 2.8 "Occupant".means any person, other than an Owner, in rightful possession of any portion of the Property. 2.9 "Property"refers to any parcel, lot, tract,or unit within the Senior Living Area as removed from the West Winds Declaration of Covenants, Conditions and Restrictions by the Declarant. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 3 of 9 2.10 "Senior Living Area" includes all property as described as such on Exhibit 1. 2.11 "West Winds"means the"West Winds Community Planned Unit Development and Major Subdivision, #Z-04050 and #P-04009"and subsequent files, as approved by the City of Bozeman, Montana. ARTICLE III: AUTHORITY AND TERMINATION OF AUTHORITY 3.1 Declarant has authority to remove certain land from the WWCCR pursuant to Article 173 thereof. Once removal of the Senior Living Area from the WWCCR has been accomplished, such authority on behalf of Declarant shall expire. Each time a Property is so removed from the WWCCR and is purchased by an Owner,.the Owner assumes authority to implement and enforce this Declaration. ARTICLE IV: LAND USE 4.1 Senior Residential Use: Property within the Senior Living Area may be used only for the construction and occupancy as stated in BMC Chapter 18.16 under the R-3 zoning designations and those permitted under the PUD. Such uses shall be consistent with the PUD, as approved by the City of Bozeman. ARTICLE V: DESIGN GUIDELINES 5.1 Architectural Review Approval: Plans,preliminary construction drawings and a. description of proposed building materials for all proposed buildings, fences, and other i improvements to the Property, or any portion thereof, shall be submitted to and approved by the ARA prior to any construction. All such construction must conform to the . approved plans and to applicable sections of the BMC. All such plans,preliminary construction drawings and proposed building materials must also receive a stamp of approval from the Association's Architectural Control Committee prior to submitting a site plan application or building permit application,whichever comes first, to the City of Bozeman for review. The Association's Architectural Control Committee shall review these plans,preliminary construction drawings, and proposed building materials(e.g., color,texture and durability) only for continuity of development with West Winds. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 4 of 9 BVI/ HJSI's plans permitted by the City of Bozeman are attached hereto as Exhibit 3. The Association's approval of the BVI/HJSI plans-is attached hereto as Exhibit 4. 5.2 Building Setbacks: All buildings shall have setbacks as required by BMC § 18.16.050. 5.3 Building Height Limit: The maximum height of all multi-household apartment type buildings shall.be forty two(42) feet for a roof pitch equal to.or greater than 5:12. Said buildings are subject to site plan review.under BMC Chapter 18.34. The maximum . height of all other buildings shall conform to BMC § 18.16.060. - 5.4 Building Materials: All building materials shall be-compatible in color, texture and durability with the residential character of the West Winds community. .5.5 Landscaping: Landscaping is required to enhance property value and amenities of the Property. All proposed landscaping, site finish grading, irrigation and materials shall be submitted with the proposed building plans to the ARA for approval prior to installation and construction. Landscaping shall conform to the provision of BMC Chapter 18.48. Suggested deciduous trees include Aspen,European Green Birch,Rocky .Mountain and Big Tooth Maple. Suggested evergreen trees include Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Sub Alpine Fir and Scotch Pine. Installation of boulevard street trees as.required by the City of Bozeman shall include specifications for a planting hole at least twice the diameter of the root ball,with the root flare of the newly-planted tree visible.and above ground, and with a mulch ring three to four feet in diameter around each newly planted boulevard tree'. 5.6 Noxious Weeds: Each Owner shall be responsible for the control of state and county-declared noxious weeds on his or her Property, to Gallatin County standards. In the event an Owner does not control the noxious weeds on his or her Property; after ten (10)days written notice from the Association, given to an Owner via Certified Mail, at the Owner's address in the records of the Clerk &Recorder of Gallatin County-, Montana, the Association may cause the weeds to be controlled. The cost of any such remedial actions shall become a lien against the Property owned by the offending Owner. 5.7 Building Orientation along Arterial and Collector Streets: Buildings located on ]Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 5 of 9 I Property adjacent to arterial and collector streets shall provide-a front architectural appearance with a sidewalk connection to each building entrance. No fences shall be constructed more than four(4) feet in height on Property adjacent to Davis Lane and Oak Street, and any such fences shall have a design consistent with those permitted in West Winds. ARTICLE VI: MAINTENANCE OF COMMON AREAS 6:1 The Owner, or its duly delegated representative, shall maintain and otherwise manage all Common Areas on the Owner's respective Property within the.Senior Living Area, including,but not limited to landscaping,walkways, paths, trails, and storm water facilities. Such maintenance shall meet the standard of care consistent with the remainder of West Winds. 6.2 In addition, the Owner shall be responsible for annual payment of a pro-rata share of the expense for maintenance of the Common Areas, including but not limited to West Winds Park,park fixtures, subdivision streets, trails, drives,.and storm water facilities. The terms of this annual payment will be confirmed.by a written instrument executed by the Declarant and each Owner and recorded with the Gallatin County Clerk and Recorder, Gallatin County, Montana.. Each Owner shall also be responsible for paying its applicable share of assessments to any applicable lighting district or other special . improvement district created, which district includes the Property.. ARTICLE VII: AMENDMENT 7.1 Amendment to Declaration: Amendments to this Declaration shall be made by an instrument in writing entitled"Amendment to Declaration". An amendment may be made only by the affirmative vote of the Owner or Owners-owning the Property comprising at least sixty percent(60%)of the land area within the Senior Living Area, with such amendment to be subject to concurrence by the City of Bozeman Director of Planning.&Community Development, confirming that said Amendment is compatible with the West Winds PUD and any other applicable zoning and/or planning regulations. Each Owner shall have.a vote based on the ratio of the total square footage of its Property, in proportion to the total square footage of the Senior Living Area as a whole. In the event any portion of a Property is ever further subdivided or if any portion of a Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 6 of 9 Property is submitted to condominium ownership under the Montana Unit Ownership Act, the vote initially allocated to that Property shall be divided among any new lots and/or units so that the total vote allocated to that Property for purposes of amendment of this Declaration is maintained. Any provision required as a condition of the West Winds preliminary plat and/or PUD approval and required by'the Bozeman City Commission may not be amended or revoked without the mutual consent of the Owners, obtained pursuant to the requirements of this section, and the City of Bozeman. An amendment approved pursuant to the requirements of this section shall be recorded in the records of the Clerk and Recorder of Gallatin County,Montana and shall be effective upon recording. ARTICLE VIII: ADMINISTRATION AND ENFORCEMENT 8.1 Term: The provisions of this Declaration shall be binding for a term of ten (10) years from the date hereof and may be amended during that period only by the affirmative vote of the Owners,pursuant to the amendment provisions of section 71. After the initial ten(10) year period,the Declaration shall automatically extend for successive periods of ten(10) years,unless an instrument agreeing to amend the Declaration has been executed and recorded pursuant to section 7.1 of this Declaration. 8.2 Enforcement: Enforcement of this Declaration shall be by proceeding either at law or in equity against any person or persons violating, or attempting to violate; any terms of this Declaration; and the legal proceedings may either be to restrain violation of this Declaration by injunctive relief, to recover damages, or both. Should any legal proceeding be instituted by an Owner against a person alleged to have violated one or more of the provisions of this Declaration, and should the Owner enforcing the provisions of this Declaration be wholly or partially successful in such proceeding, the offending person shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees and costs associated with the proceeding. In the event any portion of a Property is ever further subdivided or is submitted to condominium ownership under the Montana Unit Ownership Act, the Owners of any new lots.and/or units shall appoint, by the method to be determined by those Owners, a single Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 7 of-9 'representative for purposes of enforcing against the Association any term-of the written instrument to be executed by the Declarant and each Owner pertaining to maintenance expenses,pursuant to Paragraph 6.2 of this Declaration. 8.3 Invalidation: Invalidation of any term.of this Declaration by judgment or by court order shall in no way affect any other term or.provision, all of which shall remain in full force and effect. Dated this day of November, 2007. Cascade Development, C. B � lM Y� J Dunlap Its President State of Montana ) ss. County of / c ' ) +41 l7tct mb¢r- This instrument was acknowledged before me on the `7 —day of-November; 2007,by John Dunlap as President of Cascade Development, Inc. `�`N10 S. Cy0,," Notary Public for the State of Montana A?tea v: pj RI 4 . Printed Name: k _ Residing at: &u4wazn, M �`••, = My Commission expires: I Z 2a�j i���i9TF OF�,PAO Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 8 of 9 BVI/HJSI Bozeman,LLC By:: �. r - Its` t State of SS. County of NKUAOY � ) This ' trume t was acknowledged before me on the 5Vic ay of November, 2007,by JG A of BVLWS-1 Bozeman, LLC. FICIAL SEAL No lic for e to of -PHANIE RENZI i ARY PUBLIC-OREGON Printed Name: U COMMISSION NO.415980 M OMMISSION EXPIRES APRIL 3,2011 Residing at: f d My Commission expires: 0 OFFICIAL SEAL STEPHANIE RENZI NOTARY PUBLIC-OREGON COMMISSION NO.415980 MY COMMISSION EXPIRES APRIL 3,2011 Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 9 of 9 �w 3e�;_ r.'t ya.- S:i F;(.e tl';t'�:•C;t�f::g-' Emilio ♦ '- g°'L`/`>x .^_.EL'3 r£ice"_*'s ci,'31'. � • • 3tt:.. Even -13 gill SIR ON � �•� F'• .a,. S l ..fin �-aF�.i"-�'. yL �t 3iL• 1 �f�f � .� e � 13• k vie a: � �`-`_. ?�,3�... r :'}. '•• � �`u Sy Lam^ _ A. -� " .17 _ Mr [r WEST WINDIS COMMUNITY I COUNTY • lL�itVS�C. MOM ASMM UV94 III POSED PUD 1 i • .� • . rro1C]22.+ 100~1I AMENDMENT OPTION. I I �a5111 1 a ;� - • _ EMBIT �� (3 pages) Ir all. � .� --.,..... .- . .__ I ��•�•� s„::�= .._ ....G I awxrea cwNe ( ---_ Pq 1 e� Q�• r 1�i t �Iz.. — t a LEGEND WEST WINDS COMMUNITY . atovotm n.a sxtsv NW 1/4 SECT/ON 2, T.2.5., R.S.E., P.M.M. �tO1°uD cwsla tr GAL LA TIN COUNTY, MONTANA i . � r0�•aa�)r0 �� —••--... /ROPase])RO).o fa,t[tarrt o°.ntc snwros , I(M Englnecring inc. McChesney Profes*x-d Bldg. -601 NaksOr..Ve2 OPTION 1 Sezernon MT5971U µ I (406(%6-M FIGURE SD- L FAX(4UI%6.17'M ' aM, laal WiG JUIr I00) ►ROCtt M0.fra:°R1.17f 6 Cwy%bl O.I=1RCY tMnae�O M..M Rq,lt Revs°. I Senior Living Area Legal Description West Winds Phase 3 Parcel I of the Amended Plat of Lots 1 and 2, Block 2, West Winds Phase 3 Major Subdivision to the City of Bozeman, Gallatin County, Montana [Plat Reference:J-458 Aj West Winds Phase 4 Beginning at the West quarter corner of Section 2, Township 2 South, Range 5 East, Principle Meridian Montana, being the true point of beginning; Thence, along the west line of said section 2, North 01 035'22" East, 700.37 feet; Thence, North 89°42'52" East, 889.88 feet; Thence, South 00°17'08" East, 700.00 feet, to the east-west mid section line of said section 2; Thence, along the east-west mid section line of said section, South 89°42'52"West, 912.79 feet, to the point of beginning, containing 14.484 acres. West Winds Phase 5 Commencing at the West Quarter Corner of Section 2, Township 2 South, Range 5 East, P.M.M., along the East right-of-way-of Davis Lane, North 01035'22" East, a distance of 700.37 feet; Thence, North 89042'52" East, a distance of 50.03 feet, to the True Point of Beginning; Thence, North 01°35'22" East, a distance of 338.90 feet; Thence, North 90000'00" East, a distance of 751.57 feet; Thence, North 13015'34"West, a distance of 61.64 feet; Thence, North 90000'00" East, a distance of 146.7.4 feet to a point of curvature concave northerly; Thence, along said curve to the left, having an arc length of 93.59 feet, a radius of 330.00 feet, a central angle of 1!6014'59" and a chord bearing North 81052'31" East, 93.28 feet; Thence, North 73045'01"East, a'distance of 164.16 feet; Thence, South 21°21'34" East, a distance of 375.89 feet; Thence, South 68027'39"West, a distance of 191.63 feet to a point of curvature concave northerly; Thence along said curve to the right, having an arc length of 174.34 . feet, a radius of 470.00 feet, a central angle of 21015'13" and a chord bearing North 79005'15" East, 173.35 feet; Thence, South 89°42'52"West; a distance of 931.97 feet to the point of beginning,.containing 10.015 acres. i 1 LA H I B I'l All -P- H to -6 SF.. 4T3 5 AA X FEW LA NE �4w7No-R-ARTERIAL!-- -- --------------T-------------i------------- .............. `� I CONE ! • - •L! I � t_L_1J `L_�_.—.!—t_J; I -- ' -• { it I { . ,71 + + {I-_ 0-i-I IJ { i `' FITTI Q tK �� ` V T*11 1. 11 ---------- ----------------OAK STREET (;;j-?iAic- -t� ---- --------------- ------------------------ !PRINCIPAL A R TERIA L) LEGEND wEsr WINDS COMMUNITY PROPOM ItAAO M04T OF-1 NW 114 SECTION 2. T.2.S. R.5.C.. P."Af P*CPOUD TRAL SYSTEM .............. "OM=CA%04NT PROPOSO WT LKC GALLArIJV COUNTY AfONrANA roar9w=D ROAD TatLw PNOPC=OPOi SPAM HKM Enghoeftg kc. MapascD pffxs McChW*yftOfeSdOWWg. ENOW VICTLANDS MASTER PLAN 601 KMW Dr.Suba 2 MOM VjWMCS MO p"VATE ItaAn WVW MMV-fAMLY 14061 586au AFSAS Wmmw TOR CWCEPT/11.1.18SMAWA^OWIDSES FIGURE 1.2 f 404556. 0. TE W-CafW FL1%rOk EACH MICA V"K 300 0 2m AX j 173D M;j 10 CITY AT S41 VCVXV. w.. c�oot 0 IC04 DO-bM A4W%%.ft� EXHIBIT 2 Pg.) H m I = M CIO LANp {PfRQNfAGE '-_............_- - i i� y. '!•/'��! 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I ... .Y.. .. , , _ SITE PLAN i m SITE DEVELOPMENT PLAN Al,01 t J i....... .._.__., R•1 CONSTRUCTION SET 11 2 U t♦ 15� 16 17 18t tK} (u lIJ jii r�ua � .i t ' it � ._ ___ I ,�RI �I'• I '� ;, �wo.•a., II r _ i { \ k�. .�_.l:�. ._. ...-,.�:.-i :.I ilJ �:.: •A�f. a• — - n.et�--� MNJ —:aJL3rK". �••i �I,� ^�... �7 !... ,.._ ', -_ '-"�"'. . _ _ s.. —_ 11.•,il .,r„'iv :rr .. � � _ -,..ar,.,nr<.nr !. �:,—:�,.,'�.�..�•� Y y, 1. _.11., '' 1G, r.'i_•_ TI_T,i'}. .i..rd, - _ I _ i `I.��'f t 'B a •• � .. 1 ::,e:- '..:.e..r..l_: _ ...��n�� ;`. ...'�..:f, _ _+�+.wn,..`w,.. r .�.,...IL'1 -r, Z� .. t yam• COMMONS ENTRY-SOUTH.E�EVAT r�1 t DINING-NORTHEAST ELEVATION; �J �ar �!� is v�� (iil �il (itl �t �o� •i .. ,..,, ..1I ,rrgr�rlLc�.. i },� I ' ,Yr I�r : d' E _. . Lu `Y � .. . .t....� . : -._ . ... .._.... -a-..YS.s!,[�.�• ..vY�:',iUS^.1� - -�-. __ -i`' ".•—',�rSl^?,',,_ r. o-o �.:::�_. T I� ,• � ..... J'�r, ._ '�� _.:i� _ _ Aid I-r'-� 'H : . _.... ._.., � (�{ ...---I._.. . S�--;;W�-.:..� :,..; i h,`= Y,- t ��TT�7• ���i~T�i+ r� � 14'y'rrs�' �_:,._ � C Z mn.,,,,� -.s;; 'r'�.�::. '_._...-- -- - _ x�,+u,. �ti,:�..�r'P y; �It''y�S�.t—�•wf1� — -ice' 'y s^ W F I � r ..a r m,s C MMONS DINING--NQRTH ELEVATION DINING-NORTHWEST ELEVATION --' GENERAL NOTES MATERIALS LEGEND • •n•�ini Mma.\tYr.l.twY (fnDro4Wlu iMVLW W�IWN w4 -- nff� ' � Or•WWII.a>Ma UrY.lalcvllr.Ntnn n.w•MN• �....--.—~•�.yV M1M•'r WYDK;{f±± � � I.K..e'•..n,'Nn NKluN nrl rl.rwl Nnln I � - FF I I•.•••.'_• ... w1RVa,v..w'A140M: ¢ l.. COMMONS r` I---•—J ELEVATIONS k' Lr A3..01 CONSTRUCTION SET O n . C�, r ol - ,t �;, vy. .,t,r. 1� �'�,. v .�1. � -i�•• � '(. �� - r4 .'� j- ��' I � � .. I I •YP.G" N� e� I� _ — — 3 A .. _: - ti :: Vic- -ti',_.. " all , _... ._...,�i. �1' 4c. .:°�S= ^f:-'. :': ���l _— I..i„1 •t=, ..fy, .. ...... Z. p 77 .. '3Y I�� - �A • e VLE✓T IN -SQUTH: ' � 2) 2�} \=J \)J t`•J �Tej l2� (JOj ` • T flit r; �S_ 1 T. > F 1 k; A t }'' uTk' ref i R i II I + ' �' ��ij'1 , �;`4: y LLJ c .a ' 1 { L ,YI` F. _ 7f l 'T7, J as:�.' ! t R.9 .. _ ..... ',L� al�`s...I. .:x�....,Y:..U... ..b�'c a . 6 I >t :ni.:; t.c;:.. ....: :<: ...... ...... :.... .�•j:�::. :.::....; ._.i '��:::.__:y:.- _.i 1'S:.'_.w, :.t[:a f - 'R;:.�-' _9P]'- c:`.�.L`......: < yy 7 a . — Fwlkaa � MT rl.-.1 li ` I bc- ii:-:�' : Z:C i Tp _ 1 FII1 � . �� .. •uUws :'. .. ..'•—�J—,,.,,:,,_..__ l� ' cr ,t_. :.r r.�=!..: _���.�. ...tip.:—�-, :r:.•' i— _ _ COO i nAl, 12: r✓al'�rrt MY r; IV:1 Ii,1(117 WIN4i_QUSN ELEVATION �;j _..._. ...._.. A ES L NO ER GENAT MTIAEE (MAY- _..._......_ -GENERAL_--_ - -" ...._.._. f_.. ._...__ER ..._LS.._.LG ..__.. ND. .. ' •Yl Mbar�,wy Wvl✓_prlr•MA t •n,: wrN ..._ . C..Kiw•�YVITrmIY.✓.Ma�'YY dIy YY.ri• -'� �ra�ron Y'✓.,Yo vinf✓n'�i/,O v w.,.An 4t.w nw'Y,•4G•.t �!y(1lt•'r.,ur4FG 'i! r_ ,tl YY nll:l w✓r.arY• � -- f y .•'..• a.fi•a,rMY.V aOK nn I._......._......... VVERIOR ELEVATIONS A3.02 CONSTRUCTION SET e CU CJ) G) k ._..... , i T st. r I t n"S' 1 N 3 z r yx 1 � } I T I -z ...yv , a _.. .._.N _.. .F- I ➢, ... .._ L. .,_: f ... .__ .._. I y �y � wain uviai _ — YYa < E �rY h Q WEST WING.-. Lk E LEVATIO N., ---- . } r;•I„ V. - ' �q! it � Ir.' u t . J r V I LAJ +Yor,,,, t:. "�t •� • �'. }I.f ..Y.: IQ � � �-� 4� N:'t;(.� fix 1 J • 'tea. _ m i } 2 L EAST WING-EAST ELEVATION GENERAL NOTES MATERIALS LEGEND....... .._...--- -----... I.WYw MnN YO..Iw ku Yrlrn ,N� .� •:s„IVaY W.ln+wr ErfVY1.+.M ' _ __ Wvw M• f.Y(h4a•OYrwOnrYf.wOrwW tlYr W,w4 ___ ......... ....._..... i! ,w�r4 ww.n.u...iy fvr,Y<.,,•M.nl• � �Mtno y ,ru vvYM<Nr ,Y�ra�w rl�Y..trrv.• — '+r.ay.11owr..: JF�tip 1 +YYn�•YYK=r uYwa EXTERIOR r ..,. ELEVA71ON5 i . A3.03 CONSTRUCTION SET /BB �••� CC �a �� C lam` 1,19) w. N . _. f • � ry _- 1 71 - - 1 -T Ir Z� qf _ — NORTHEAST WING-EAST ELEVATION G n NORTHEAST END ELEVATION •tw w.r. � �'•� VLLJ I-t r: ,.. 'r,:h. 1.yt�r.:rik� : .4r4 !i•„_.Y .•--:_��I,4 .. °: L!:'-':-�:� �;�_ - ... ry��Fi��a 'V"I f 4' }7Lµr=�,r� Y ,� .nY•r luG..,, `�G,y' I r, "?"•'fY,'il' !' �.'-''. �? rY+� "�I, ., }__ 4 r I ........_....... ..... .. .. .:.�..: .. .�: ... .: l...l' , zz ---- - _ _ - •I I................_..._............ .il f ii ....: .U. ... 1 �.:::. 8......... J._ 1 �it .{. ( '1�_. � -_ i.{i - W< n Li WFA og 16 {fit •: NORTHEAST WING-NORTH ELEVATION G'3 f::._............:::_:_..._ uw w.�. _ G'LpyTHEAST&SOUTHWEST END ELEVATION 1 GENERAL NOTES MATERIALS LEGENO e........... i r.f>nr,v r+*rr:ervwnc»r � 'o:,ry•i+• i tr,:_t�_.,�,r,_.,.rr,.•„rr;,.,_:r,..�. r..or.>r.,n~: f-r, - - ELEVATIONS yl I f A3.04 CONSTRUCTION SET i T• ,� `� Gk.NERAL NOTES r\ `\ MATERIALS LEGEND V. El I �: ./T�>4',?tl j;��`.;��`.` ...._ ..�'��'. .,lld.rk�•.:�.�-.i:.`.t�"��t. _.. ��,.1'i• -._._..........u, !........ ....... ..<a.,u...c �� !_ :(�•' �=:...:__..._..__._ \. .._. •!'�....._. _.�`t .'.':1.1, � I, Nf[u¢..y¢,4•YW. __...._._._..._._._.. _. .O . (' 1 1 _..._. 1 _ _......�_ � ..,•ac:.�,-y _..- rf �- _,...... - ��t- ``- .lYafwo �2 tx P - 1 FRONT ELEVATION CC, I i i , .[tl , ! , I.. 4. :......................._............._..._. _—. .7......_.._.....__.-. Jam:. W :..__.. __...._.... ._.. --- - - �t - - �i _ _ f f I z Q1 - TREET LEARN ELEVA I-QN 'Y• _D.l,a-PARTIAL STREET{REA E EVA ION 08 r CGJ m 1./ � 1� `v�� lJ �/ r y .�`• �\.?. -.• IIaT_.......T '.. , y ,f,.�•1c I I .. .. ... ..I _ .... _ .. 1 , I _ •�_ _ .._.__.._.._..__.._.._—....._..._.._�..._---_. MVII ... .. .... .... .... - - ..._._._._ 1 I4 =i ....._ .... i._.lij .. .. _ ... a .. ..,. _ ....... ... .. .. .._ - __._..._. - Iij I r_.-. _..._. ....... :.' L. .... .. ..... ........1' li._. ._ ... ELEVATIONS -WEST ELEVATIOND.1-EAST ELEVATION A3.05 CONSTRUCTION SET GENERAL NOTES MATERIALS LEGEND 7 1. j. • ._ �`� 9: 1 .. _ ...__ ._y ,.. I i"', COTTAGE 6.2-FRONT ELEVATION. UJI • U J _J< < Z~ Z <A; . // g '•I: w F 00 - - __ f,�-• CG m t. `� �. _._. . r __....._. .y_T�i Yi COTTAGE D.2-STREET(REAR)ELEVATION EXTERIOR _ ELEVATIONS a i I A3.06 CONSTRUCTION SET ? GENERAL NOTES -� •.1FTiM'PYaSN r.IY YgYIti YID 1\\� "%' ) . ol CID (;� MATERIALS LEGEND _- n Z [[s^- ou _...:.:._.... ....:....... _. .._.._::...j..: zs ...... ... ....... .._._.. .............. ...._....... Y.Y.. _. ._ ._._._...... ._ .__ :. COTTAGE D 2-EAST ELEVATION IW J LL<< I �F y Z'L N 0 _ I po ;...\ ' m m --. •../•ram -:%��"- •'�. �-::`.` i �H'n ��.��'-...-.. f 1 _ I � .... ......_......... ......... ... .. � ........... ...... .._............ ,fFF , ... .. .,.... .. ... . .... ..... .... ... .. «.vi«Y.a.... 1 f C Q-- COTTAGE•D.2•WEST ELEVATIQN Y• E�F.RIOR t.a ----- — CONSTRUCTION SET .. _. . September 7,2007 Mr.Ron Ziebart Farmington Centers,Inc. 5100 SW Macadam Avenue Suite 366 Portland,Oregon 97239 RE:Architectural Design Approval for Bozeman Village Dear Mr.Ziebart, Please accept this letter as confirmation that the proposed plans for the Bozeman Village project submitted for construction on Lots 1 and 2 of Block 2 Phase 3 of the West Winds Major Subdivision were approved by the Architectural Design Review Cominittee on June 6,2007. The submitted plans met the required design guidelines as stated in the West Winds Covenants,Conditions and Restrictions Section 11.2. Sinc rely, Yo " M.Dwilap `��•. 3 114, ',ds s004, k Cascade Development,Inc. 1627 West Main#223 Bozeman,MT 59715 i I EXHIBIT 4 I r , I . . va, 0 e� Yahoo! Mail - lwinde@yahoo.com Pagel of 2 MAIL Classic Print-Close Window Date: Fri, 30 Nov 2007 15:17:32 -0800 (PST) From: "Lanette Windemaker° <lwinde@yahoo.com> Subject: Re: West Winds/ Bozeman Village To: "Dale Beland" <rdaleb4@yahoo.com> Dale, While the covenants are substantially ,what we discussed previously, a few of the changes had not been made. I have attached a copy with the changes I would like to see made highlighted. Please let me know if you are unable to read it. I have reviewed the assessment document, and while it is not directly part of the covenants,. I do have two comments. 1. I was surprized that I was unable to find any reference to increased maintenance costs over time or inflation. 2. I would think that the parties would want the list of potential maintenance issues to be repetitive throughout the document and possibly more complete. What I mean is - What is in the 2nd whereas, does not show up in its entirety any where else in the document, but parts of it do show up numerous times. 1 Lanette --- Dale Beland <rdaleb4@vahoo.com> wrote: > Hi, Lanette: > Here are the CCRs and Assessment Agreement for the > Senior Living Area of West Winds. If > possible, I would greatly appreciate your review and > comment today. I believe they are j > consistent with our latest discussion. If you agree, > your confirmation would help us with i > our deadline situation. > > Regards, Dale > > R. Dale Beland AIA, AICP > R. Dale Beland, LLC > 2023 Stadium Drive- Suite 2B > Bozeman, MT 59715 �I Be a better sports nut ! Let your teams follow you with Yahoo Mobile. Try it now. http://mobile.yahoo.com/sports;—ylt=At9—gDKvtAbMuhlGlSQtBI7ntAcJ http://us.f528.mail.yahoo.com/ym/ShowLetter?box=Sent&MsgId=4652_1504879_17650... 11/30/2007 MEMORANDUM To: Tim Cooper, Staff Attorney From: Lanette Windemaker, AICP; Contract Planner Date: November 27, 2006 Re: HB (a portion of JCD/Meadow Creek)Annexation and ZMA (#A-05002A/#Z-05048A) Please find attached the Annexation and ZMA Maps for the HB property. In addition, you will find the Annexation Agreement, Waivers of Right to Protest SIDs (A) and Park Maintenance District (B), easements, consent to annexation document, wetlands map, and master plan (C). Andy Kerr has checked the maps for closure and they are acceptable. Bob Murray has reviewed the easements and checked them for closure, and they are acceptable I have also attached the annexation resolution and zoning map ordinance, as sent over to you previously by email. Thank you. If you have any concerns or questions, please call 586-5266. Conditions of Approval for Annexation: 1. The Annexation Agreement, which: addresses all conditions placed on the annexation application by the City Commission, shall be signed, notarized and returned to the City of Bozeman Planning & Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. The one-year deadline for the annexation is June 6, 2006. The annexation agreement was initially submittal on June 6, 2006. Due to corrections, clarifications and other requirements, the annexation was unable to be completed until now. 2. The applicant shall submit an annexation map, titled "JCD Annexation," with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must show the existing public utilities (water, sewer, roadways and storm drainage), improvements on the property, adjacent developments (subdivision name, block and lots), rights-of-way, and public easements within and adjacent to the property. The map must be supplied on an: 1) 18-inch by 24-inch mylar for City records; 2) a reduced 8%- inch x I I- or 14-inch exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; and 3) a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. The annexation map, mylar map, legal description and digital copy were submitted 3. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that usable water rights or cash-in-lieu, thereof must be provided to the City of Bozeman per Policy #5 of Commission Resolution 3137 prior to final plat approval, final site I Return original to: Tarlow,Stonecipher& Steele,PLLC 1705 West College Street Bozeman,MT 59715-4913 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ARTICLE I: DECLARATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA ("Declaration") is made and entered into this day of November, 2007, by Cascade Development, Inc., a Montana corporation ("Declarant") and BVI/HJSI Bozeman, LLC , a Florida limited liability company (`BVI/HJSI"). WITNESSETH: WHEREAS, Declarant and BVI/HJSI, as a Successor Declarant,respectively own certain parcels of real property in the City of Bozeman, Gallatin County, Montana, as described on Exhibit 1, attached hereto,which parcels, in aggregate are known as the Senior Living Area; WHEREAS, the Senior Living Area lies within a master planned development known as West Winds Community Planned Unit Development and Major Subdivision as conditionally approved by the City of Bozeman on May 24, 2004; WHEREAS, per the approved Master Plan depicted on Exhibit 2, attached hereto, the Senior Living Area will accommodate senior housing ranging from skilled nursing care to independent living, as defined in#Z-04050- West Wind Planned Unit Development ("PUD"); Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 149 BOZEMAN BOXING CLUB RULES S GUIDELINES 2006-2007 Boxing Season The boxing club has seen an increase in the number of new members.This increase has caused us to implement these rules and guidelines so that we may better serve each member and their desires/goals they wish to achieve during training. 1. New members will only be accepted every other month,beginning in September,2006. 2. Boxing is a contact sport and without contact,you cannot learn to box.If you have no desire for contact,do not join the club. We do not teach aerobic boxing,Toe Bo,or any other form of non-contact boxing. 3. This is not a social event.We don't socialize with friends during training. - 4. A new member will need the following equipment when they decide to join:jump rope,mouthpiece,and 170"-180"hand wraps. 5. To be a member of the club you must join USA Boxing.You will need an application(from the coach),two passport photos,a copy of your birth certificate(if age 34 and younger)and a check(no cash)for$35 payable to USA Boxing.Over age 34 should speak with the coach before joining. 6. You must pay the Ridge the appropriate fee at the beginning of each month,not at the end. Your receipt must be given to the coach. 7. DO NOT BE LATE FOR CLASS.It is disruptive to other members.If you are late,you will do 100 pushups before you may join in the training. B. Bring your equipment each time you attend. 100 pushups for each piece of missing equipment. 9. Those who want to compete must attend three nights per week. 10. Boxers who compete will be required to work out at least one more additional day per week with another boxer who is competing.The coach has final say whether you step in the ring or not Don't argue with the coach.100 pushups if you do not conduct your additional training day. 11. Members who do not compete should only come to training twice per week. 12. If you are going to miss training,you must let the coach know a day in advance,if at all possible.If you miss without calling,100 pushups the next time you attend. 13. It is recommended that you purchase your own boxing gloves if you do not want to use the sweaty club gloves.See the coach befog purchasing any gloves or headgear. ' 14. Always come to class well hydrated. ' 15. Members are both male and female. If you have a problem boxing with the opposite sex,do not sign up.Everyone is treated as a boxer,not a gender specific boxer.The rules are the same for both. THIS IS AMATEUR BOXING,A MU CONTACT SPORT.COME PREPARED TO WORK AND WORK HARD. DON'T WASTE YOUR TIME OR THE COACHES TIME. BOZEMAN � Coach,Bob Windemaker BOXING CLUB 406-586-5266 elkhunter6@bresnan.net K US AMATEUR BOXING i WHEREAS, the Senior Living Area includes Property that has been sold and developed as a single ownership parcel, in lieu of individual residential lots, consistent with Option 1 of the approved West Winds PUD. Such single parcel ownership was not, for this section of the West Winds development, consistent with the uses described in the West Winds Declaration of Covenants, Conditions and Restrictions recorded September 23, 2005 under Document No. 2202936, records of the Gallatin County Clerk and Recorder, Gallatin County, Montana, and as amended by the First Amendment to Declaration of Covenants Conditions and Restrictions West Winds Master Homeowners' Association, Inc. recorded July 12, 2007 under Document No. 2272319, records of the Gallatin County Clerk and Recorder, Gallatin County, Montana (collectively the "WWCCR"); WHEREAS, Article 17.7 of the WWCCR authorizes the Declarant to withdraw properties from the coverage of WWCCR, provided such withdrawal is not contrary to the overall scheme of development of West Winds; WHEREAS,the Declarant wishes to withdraw the Senior Living Area depicted on Exhibit 1 from the coverage of the WWCCR, and replace said coverage with this new Declaration in order to provide more appropriate regulations and controls for the Senior Living Area; and WHEREAS, withdrawal of the Senior Living Area from the WWCCR will not discharge the owner of any Property within the Senior Living Area from conforming to the requirements of the City of Bozeman, including, but not limited to.the requirements of the West Winds PUD Conditions of Approval and Final PUD Plan; Bozeman's Uniform Development Ordinance ("UDO"); and the requirements of the Bozeman Municipal Code ("BMC"), which include, but are not limited to development density units caps, affordable housing requirements,park land dedication requirements, and restricted size dwelling unit requirements. I Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 2 of 9 2. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the Zone Map Amendment application shall be void. The Resolution of Annexation as been completed for adoption by the City Commission prior to adoption of the ordinance for the Zone Map Amendment. 3. The property north of Graf Road shall be classified as "R-4" (Residential High Density District), the property south of Graf Road shall be classified as "R-3" (Residential Medium Density District), and up to two (2) acres for the purposes of a fire station complex with the land subject to review and approval of the Bozeman Fire Department shall be classified as "PLI" (Public Lands and Institutions). This is not intended to preclude the applicant from applying for other residential zoning classifications at a later date. Shown as such on the submitted zoning map. The land for the fire station complex will be zoned after the property is subdivided and deeded to the City of Bozeman. cc: Debbie Arkell, Director of Public Service Robin Sullivan, Clerk of Commission NOW, THEREFORE, the Declarant and BVI/HJSI, as a Successor Declarant, adopt this Declaration as set forth herein. ARTICLE II: DEFINITIONS 2.1 "Architectural Review Authority" or"ARA" shall refer to the person authorized and appointed by the Owner of a Property, by the method deemed appropriate by that Owner, to enforce the architectural standards and to certify that improvement plans proposed for Property improvement are consistent with such standards. 2.2 "Articles" means the Articles of Incorporation of West Winds Master Homeowners' Association, Inc., as amended from time to time, and of any successor thereto. 2.3 "Association"means the West Winds Master Homeowners' Association, Inc., which under the WWCCR, is defined as Cascade Development, Inc. 2.4 "Common Areas" means all real property and the improvements or amenities thereon held by the Association for the common use and enjoyment of all owners and occupants of West Winds, including but not limited to all areas depicted as "common areas" on the recorded plats of West Winds. 2.5 "Declaration"means this Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area. 2.6 "Declarant" means Cascade Development, Inc, a Montana corporation, its successors and assigns. 2.7 "Owner" or"Owners" means the record Owner, whether one or more persons or entities, of a fee simple title to any parcel or lot which is part of the Senior Living Area. 2.8 "Occupant" means any person, other than an Owner, in rightful possession of any portion of the Property. 2.9 "Property" refers to any parcel, lot or tract within the Senior Living Area as removed from the West Winds Declaration of Covenants, Conditions and Restrictions by the Declarant. Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area Page 3 of 9 Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a. South 19th Ave. b. Graf Street. c. South 27th Ave. d. Blackwood Road. e. Stucky Road. f. Fowler Ave. Signalization Improvements for the following intersections: a. South 19 Ave./Kagy Blvd. b. South 19`h Ave./Stucky Road. Trunk Sewer and Water mains to serve the property. The documents filed shall specify that in the event an S.I.D. 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. 11. The owner shall provide public street and utility easements for South 19th Ave., Graf Street, South 27th Ave., and Blackwood Road. The easement shall be 60 feet wide from the section line for South 19th, 90' for Graf and the portion of 27th that is entirely within the annexation boundary, and 45' for Blackwood and the portion of 27th that is split by the western boundary. The easement(right-of-way) documents are attached. 12. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The land owners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. Item #9 in the executed Annexation Agreement. Conditions of Approval for ZMA: 1. The applicant shall submit to the Planning Office a zone amendment map, titled "JCD Zone Map Amendment," on: 1) a 24-inch x 36-inch mylar; 2) an 8'/z- inch by I I- or 14-inch paper exhibit; and 3) a digital copy of the area to be rezoned. Said map shall contain the metes and bounds legal description, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-way and/or street access easements, as certified by a licensed Montana surveyor and acceptable to the Director of Public Service. The zoning map, mylar map, legal description and digital copy were submitted. 2.10 "Senior LivingArea" includes all property as described as such n p p y b s o Exhibit 1. 2.11 "Successor Declarant" means the person or entity that acquires title to a Property from the Declarant or any Successor Declarant and thereby assumes authority to enforce this Declaration. J 2.12 "West Winds" means the "West Winds Community Planned Unit Development and Major Subdivision, #Z-Q- 050 and#P-04009" and subsequent files, as Oy approved by the City of Bozeman,-Montana. ARTICLE III: AUTHORITY AND TERMINATION OF AUTHORITY 3.1 Declarant has authority to remove certain land from the WWCCR pursuant to Article 17.7 thereof. Once removal of the Senior Living Area from the WWCCR has been accomplished, such authority on behalf of Declarant shall expire. Each time a Property is so removed from the WWCCR and is purchased by a Successor Declarant, the Successor Declarant assumes authority to implement this Declaration. ARTICLE IV: LAND USE" 4.1 . Senior Residential Use: Property within the Senior Living Area may be used only g�C11 for the construction and occupancy as stated i6UDVChapter 18.1 under the R-3 zoning ,. designations and those permitted under the PUD. Such uses shall be consistent with the PUD, as approved by the City of Bozeman. ARTICLE V: DESIGN GUIDELINES 5.1 Architectural Review Approval: Plans, preliminary construction drawings and a description of proposed building materials for all proposed buildings, fences, ane other improvements to the Property, or any portion thereof, shall be submitted to and approved by the ARA prior to any construction. All such construction must conform to the approved plans and to applicable sections of the BMC. All such plans, preliminary construction drawings and proposed building materials must also receive a stamp of approval from the Association's Architectural Control Committee prior to submitting a site plan application or building permit application, whichever comes first, to the City of Bozeman for review. The Association's Architectural Control Committee shall review Declaration of Covenants, Conditions and Restrictions West Winds Senior Living Area Page 4 of 9 plan approval, or the issuance of any building permit, whichever first occurs. The amount of water rights or cash-in-lieu will be determined by the Director of Public Service at the time of such development. Item #6 in the executed Annexation Agreement. 4. Applicant shall provide executed Waivers of Right to Protest Creation of SIDS for a park maintenance district. The original executed document shall be returned to the City of Bozeman Planning & Community Development Department with the signed and notarized annexation agreement. Executed document is attached. 5. The Annexation shall include all of the adjacent rights-of-way of South 19I' Avenue, Blackwood Lane, Graf Road, and South 27`h Avenue. The Final Annexation Map and legal metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent legally defined rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department of Transportation (MDT) and/or Gallatin County. Executed document is attached 6. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property.Item #14 in the executed Annexation Agreement. 7. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees to the donation of lands within the annexed areas to include up to two (2) acres for the purposes of a fire station complex with the land subject to review and approval of the Bozeman Fire Department. Item #18 in the executed Annexation Agreement. This property has been deeded to the City by the adjacent property owner(s). 8. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, a diversity of housing types and (net) densities shall be provided. Item #1 S in the executed Annexation Agreement. 9. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided. Item #16 in the executed Annexation Agreement. 10. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDS for the following: Executed document is attached. these plans, preliminary construction drawings, and proposed building materials (e.g., color, texture and durability) only for continuity of development with West Winds. BVI/ HJSI's plans permitted by the City of Bozeman are attached hereto as Exhibit 3. The Association's approval of the BVI/HJSI plans is attached hereto as Exhibit 4. 5.2 Building Setbacks: All buildings shall have setbacks as required by D r�C 18.16.050. 6 5.3 Building Height Limit: The maximum height of all multi-household apartment type buildings shall be forty two (42) feet for a roof pitch equal to or grealgr kan 5:12. G Said buildings are subject to site plan review under UDO Chapter 18.34. The maximum height of all other buildings shall conform to UDO § 18.16.060. 1lV�C 5.4 Building Materials: All building materials shall be compatible in color,texture and durability with the residential character of the West Winds community. 5.5 Landscaping: Landscaping is required to enhance property value and amenities of the Property. All proposed landscaping, site finish grading, irrigation and materials shall be submitted with the proposed building plans to the ARA for approval prior to r installation and construction. Landscaping shall conform to the provision of UDO f Chapter 18.48. Suggested deciduous trees include Aspen, European Green Birch, Rocky y Mountain and Big Tooth Maple. Suggested evergreen trees include Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Sub Alpine Fir and Scotch Pine. Installation of boulevard street trees as required by the City of Bozeman shall include 0 specifications for a planting hole at least twice the diameter of the root ball, with the root Rare of the newly-planted tree visible and above ground, and with a mulch ring three to four feet in diameter around each newly planted boulevard tree. 5.6 Noxious Weeds: Each Owner shall be responsible for the control of state and county-declared noxious weeds on his or her Property, to Gallatin County standards. In the event an Owner does not control the noxious weeds on his or her Property, after ten (10) days written notice from the Association, given to an Owner via Certified Mail, at the Owner's address in the records of the Clerk& Recorder of Gallatin County, Montana, the Association may cause the weeds to be controlled. The cost of any such remedial actions shall become a lien against the Property owned by the offending Owner. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 5 of 9 kARTSAND Class Syllabus aeTHERAFTS STORE'^ Month Class: Instructor: Tuition: Store Location: Date/Time of class: #of sessions: Length of class: Always bring your class registration receipt, pen or pencil, notepad Supply List & Class Information: All students receive 10%off regularly priced class supplies.This can not be combined with the 40%off coupon. Offer expires the last day of class. Cashiers: after ringing entire purchase, press total and scan this barcode for the 10%discount. 0 400100 227435 Class Instructor Information and Phone Number Students get a io%discount off regularly priced class supplies with current month class receipt&Class syllabus. Visit www.michaels.com for project ideas,information and inspiration! Is 0 0 • 5.7 Building Orientation along Arterial and Collector Streets: Buildings located on Property adjacent to arterial and collector streets shall provide a front architectural appearance with a sidewalk connection to each building entrance. No fences shall be yy J� constructed more than four(4)feet in height on Property adjacent to Davis Lane and Oak Street, and any such fences shall have a design consistent with those permitted in West Winds. ARTICLE VI: MAINTENANCE OF COMMON AREAS 6.1 The Owner, or its duly delegated representative, shall maintain and otherwise manage all Common Areas on the Owner's respective Property within the Senior Living Area, including, but not limited to landscaping, walkways, paths, trails, and storm water facilities. Such maintenance shall meet the standard of care consistent with the remainder of West Winds. 6.2 In addition, the Owner shall be responsible for annual payment of a pro-rata share of the expense for maintenance of the Common Areas, including but not limited to West Winds Park, park fixtures, subdivision streets, trails, drives, and storm water facilities. The terms of this annual payment will be confirmed by a written instrument executed by the Declarant and each Successor Declarant and recorded with the Gallatin County Clerk and Recorder, Gallatin County, Montana. Each Owner shall also be responsible for paying its applicable share of assessments to any applicable lighting district or other special improvement district created, which district includes the Property. ARTICLE VII: AMENDMENT 7.1 Amendment to Declaration: Amendments to this Declaration shall be made by an instrument in writing entitled"Amendment to Declaration". An amendment may be made only by the affirmative vote of the Owner or Owners owning the Property comprising at least sixty percent (60%) of the land area within the Senior Living Area, with such amendment to be subject to concurrence by the City of Bozeman Director of Planning& Community Development, confirming that said Amendment is compatible with the West Winds PUD and any other applicable zoning and/or planning regulations. Each Owner shall have a vote based on the ratio of the total square footage of its Property, in proportion to the total square footage of the Senior Living Area as a whole. Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 6 of 9 .>>/'\�n ILr\�:\ ll\!I tl1 v M1 \t • `.__ - v _ - i ._ .r �. _ .t � 1 ✓ ... .. .. ) t\ ( H �..\ >L C/\J�I • t V '1•. '" t lU 1 C �"H'•� t L �• 1 '1 t d r 1 0 0 In the event any portion of a Property is ever further subdivided or if any portion of a Property is submitted to condominium ownership under the Montana Unit Ownership Act, the vote initially allocated to that Property shall be divided among any new lots and/or units so that the total vote allocated to that Property for purposes of amendment of this Declaration is maintained. \ An provision required as a condition of the West Wind eliminar lat Any q pr Yp approval and required by the Bozeman City Commission may not be amended or revoked without the mutual consent of the Owners, obtained pursuant to the requirements of this section, and the City of Bozeman. An amendment approved pursuant to the requirements of this section shall be recorded in the records of the Clerk and Recorder of Gallatin County, Montana and shall be effective upon recording. ARTICLE VIII: ADMINISTRATION AND ENFORCEMENT 8.1 Term: The provisions of this Declaration shall be binding for a term of ten (10) years from the date hereof and may be amended during that period only by the affirmative vote of the Owners, pursuant to the amendment provisions of section 7.1. After the initial ten(10) year period, the Declaration shall automatically extend for successive periods of ten (10) years, unless an instrument agreeing to amend the Declaration has been executed and recorded pursuant to section 7.1 of this Declaration. 8.2 Enforcement: Enforcement of this Declaration shall be by proceeding either at law or in equity against any person or persons violating, or attempting to violate,,any terms of this Declaration; and the legal proceedings may either be to restrain violation of this Declaration by injunctive relief, to recover damages, or both. Should any legal proceeding be instituted by an Owner against a person alleged to have violated one or more of the provisions of this Declaration, and should the Owner enforcing the provisions of this Declaration be wholly or partially successful in such proceeding, the offending person shall be obligated to pay the costs of such proceeding, including reasonable { attorney's fees and costs associated with the proceeding. In the event any portion of a Property is ever further subdivided or is submitted to condominium ownership under the Montana Unit Ownership Act, the Owners of any new Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 7 of 9 f S> Vt 1 71 -INn r-j--17- lots and/or units shall appoint, by the method to be determined by those Owners, a single representative for purposes of enforcing against the Association any term of the written instrument to be executed by the Declarant and each Successor Declarant pertaining to maintenance expenses, pursuant to Paragraph 6.2 of this Declaration. 8.3 Invalidation: Invalidation of any term of this Declaration by judgment or by court order shall in no way affect any other term or provision, all of which shall remain in full force and effect. Dated this day of November, 2007. ' Cascade Development, Inc. By: John Dunlap Its President I State of Montana ) ss. County of ) This instrument was acknowledged before me on the day of November, 2007, by John Dunlap as President of Cascade Development, Inc. Notary Public for the State of Montana Printed Name: Residing at: My Commission expires: I Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 8 of 9 I ' I s ■ ■ 00000000000000000000000000000000 n • Class Syllabus ehalQ THE ARTS AND CRAFTS ST " Month Class: Instructor: Tuition: Store Location: Date/Time of class:, #of sessions: Length of class: Always bring your class registration receipt, pen or pencil, notepad Supply List & Class Information: All students receive 10%off regularly priced class supplies.This can not be combined with the 40%off coupon. Offer expires the last day of class. Cashiers: after ringing entire purchase, press total and scan this barcode for the 10%discount. 0 400100 227435 11 Class Instructor Information and Phone Number Students get a io%discount off regularly priced class supplies with current month class receipt&Class syllabus. Visit www.michaels.com for project ideas,information and inspiration! BVI/HJSI Bozeman, LLC By: Its: State of ) ss. County of ) This instrument was acknowledged before me on the day of November, 2007, by as of BVI/HJSI Bozeman, LLC. Notary Public for the State of Printed Name: Residing at: My Commission expires: Declaration of Covenants,Conditions and Restrictions West Winds Senior Living Area Page 9 of 9 CITY 0 BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 ' P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net October 12, 2007 R. Dale Beland Bozeman, MT 59715 RE: West Winds PUD Senior Living Covenants Dear Dale: I have reviewed the approvals related to the West Winds PUD and the most recent preliminary plats for items that need to be addressed in the new covenants. Below I have listed of the items that I think need to be addressed in the new covenants, and provided any comments that I have at this time. A lot of these items are related to density (number of non-congregate care dwelling units allowed based on affordable housing) before cash in lieu of open space needs to be paid, park land dedication amounts satisfied before cash in lieu of park land needs to be paid, Restricted Size Dwelling Units required to be provided, etc. This information is of great concern to the Planning Department and needs to be clearly laid out in these covenants, as well as the final PUD plan to be approved. May 24, 2004, PUD Relaxations: b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R-3" zoning district. Article IV. Land Use needs to be corrected, there is no R-4 zoning. May 24, 2004, PUD Conditions: 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. This appears to be addressed in 6.3, but there is also common open space in West Winds that you will need to share in the maintenance costs. _ 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences—— unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak '. Street, Baxter Lane, 27`h Avenue and Davis Lane. This Commission is very concerned about this aspect. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total -number of acres of dedicated parkland provided. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination May 24, 2004, PUD Code Provisions: c. A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. i. The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. 1. All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division. i m. Each lot shall meet the minimum lot area standards, including the multi-household lots, for an "R-3" ` zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. n. Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subd_vision. o. A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination. July 5, 2005, PUD Conditions: 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. October 1, 2007, PUD Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet C. for a roof pitch equal to or greater than 5:12 shall be restricted to multi-househcld apartment type " dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC.Section 5.3 will need to be amended. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on th-_ total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in-lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate cage dwelling units allotted per multi household lot. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. Page 2 . � s 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in- lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. October 1, 2007,Plat Conditions: 2. With a proposed block length of— 975 feet from Oak Street to Vaquero Street, the street pattern in West Winds shall be designed to provide a street connection of Breeze Lane extended to a partial access intersection at Davis Lane, final location subject to Engineering and Planning Department review and approval. 3. Due to topography, the presence of critical lands, access control, and adjacency to open space, block lengths may exceed 400 feet but may not exceed 1, 087 feet. Block lengths shall not exceed 600 feet without a public right of way with pedestrian walkway. 4. Due to separation of residential development from traffic arterials and to overcome specific disadvantages of topography and orientation, block widths may be less than 200 feet or more than 400 feet in width. Block widths shall not exceed 600 feet without a public right of way with pedestrian walkway. 7. The covenants shall address street trees, and shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3' 4' in diameter around each newly planted boulevard tree. 10. A note shall be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements for Lot 12, Block 7 have been met for 48 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 20. To support the affordability of housing: a. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. b. The minimum density of the West Winds PUD shall not be less than six dwelling units per acre. c. The number of townhouse lots may be increased at the time of final plat to comply with any increase in the number of townhouse lots on the approved final PUD plan. d. Townhouses are preferable to condos. Condos are hard to sell as homes or resell as homes if some of the units convert to rentals. e. Builders of attached units shall have a FHA inspection to allow for more types of affordable financing. f. Encourage connectivity with the Park. October 1, 2007 Plat Code Provisions: a. Pursuant to Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be required to ensure that no blocks exceed 600 feet. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. These rights-of- Page 3 way and a note shall be on the final plat denoting specific locations, subject to review and approval of the Planning Department. d. Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. Notes describing RSLs shall indicate the correct section of the code. f. Covenants, restrictions, and articles of incorporation for the creation of a homeowners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public pathway/trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. g. Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. Chapter 72: A. That all county declared noxious weeds will be controlled. B. A section addressing agricultural uses of neighboring properties in the following form: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke,flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. D. The property owners association shall be responsible for the maintenance of subdivision streets, common open space, centers,pathways, landscaping in street boulevards and/or parks. E. That any covenant which is required as a condition of the preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the City Commission. I am sure that this will be an ongoing work in progress for awhile. I will send Brian Krueger an email to see if he would like to review the next draft set of these covenants. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP Contract Planner Page 4 tw DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA. ARTICLE I: DECLARATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS: WEST WINDS SENIOR LIVING AREA (Declaration) is made and entered into this day of October,2007, by Cascade Development, Inc., a Montana corporation ("Declarant")and BVU HJSI Bozeman, LLC, a Florida limited liability company("BVU HJSI"). WITNESSETH: WHEREAS, Declarant and BVU HJSI, as a Successor Declarant, own certain real property in the City of Bozeman, Gallatin County, Montana, as described on Exhibit 1, attached hereto, known as the Senior Living Area; WHEREAS,the Senior Living Area lies within a master planned development known as . "West Winds Community Planned Unit Development and Major Subdivision as conditionally approved by the City of Bozeman on May 24, 2004; WHEREAS,per the approved Master Plan (Exhibit 2 attached hereto),the Senior Living Area depicted on Exhibit I is described as "Senior Living Area"to accommodate seniors' housing ranging from skilled nursing care to independent living, as defined in# Z-04050- West Wind Planned Unit Development(PUD); WEST WINDS SENIOR LIVING AREA 1 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS WHEREAS,the Senior Living Area includes property that has been sold and developed as a single ownership parcel in lieu of individual residential lots consistent with Option 1 of the approved West Winds PUD. Such ownership, as described in the West Winds Declaration of Covenants, Conditions and Restrictions recorded September 23, 2005 under Document No. 2202936 records of the Gallatin County Clerk and Recorder, Gallatin County, Montana; and as amended by the First Amendment to Declaration of Covenants, Conditions and Restrictions West Winds Master homeowners' Association, Inc., recorded July 12, 2007 under Document No. 22723.19, recaoar s of the Gallatin County Clerk and Recorder, Gallatin County, Montana (collectively the"WWCCR"); was not, for this section of the development, in accord with the WWDCCR; WHEREAS, Article 17.7 of the WWCCR authorizes the Declarant to withdraw properties from the coverage of said WWCCR, provided such withdrawal is not contrary to the overall scheme of development of West Winds, WHEREAS,the Declarant wishes to withdraw the Senior Living Area described on Exhibit 1 from the coverage of the WWCCR, and replace said coverage with this new Declaration in order to provide more appropriate regulations and controls for the Senior Living Area; WHEREAS,withdrawal of the Senior Living Area from the WWCCR will not discharge the Owner of the Senior Living Area from conforming to the requirements of the City of Bozeman; including, but not limite to, the West Winds PUD Conditions of Approval, Bozeman's eve opm , pp Bozeman Code, which include, but are not limited to, development density units cap, affordable housing requirements, park land dedication requirements, and restricted size dwelling unit requirements. WEST WINDS SENIORUVING AREA 2 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS NOW,THEREFORE,the Declarant and BVI/HJSI, as a Successor Declarant, adopt this Declaration as set forth within. ARTICLE II: DEFINITIONS: 2.1 "Architectural Review Authority" or"ARA" shall refer to the person authorized by the Owner to enforce the architectural standards and to certify that improvement plans proposed for Property improvement are consistent with such standards. 2.2 "Articles"means the Articles of Incorporation of West Winds Master Homeowners' Association, Inc.,as amended from time to time, and of any successor thereto. 2.3 "Association" means the West Winds Master Homeowners' Association, Inc., which under the WWCCR is defined as Cascade Development, Inc. 2.4 "Common Areas"means all real property and the improvements or amenities thereon held by the Association for the common use and enjoyment of all owners and occupants of West Winds, including but not limited to all real property and improvements or amenities thereon,which include,but are not limited to the areas depicted as"common areas"on the recorded plat of West Winds. 2.5 "Declaration" means this Declaration of Covenants, Conditions and Restrictions: West Winds Senior Living Area. 2.6 "Declarant" means Cascade Development, Inc, a Montana corporation, its successors and assigns. 2.7 "Occupant" means any person, other than an Owner, in rightful possession of any portion of West Winds or the Senior Living Area. 2.8 "Owner" or"Owners" means the record Owner, whether one or more persons or entities, of a fee simple title to any parcel or lot which is part of the Senior Living Area. WEST WINDS SENIOR LIVING AREA 3 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS i 2.9 "Property"refers to any parcel, lot or tract within the Senior Living Area as removed from the West Winds Declaration of Covenants, Conditions and Restrictions by the Declarant. 2.10 "Senior Living Area" includes all property as described as such on Exhibit 2. 2.11 "Successor Declarant' means the person or entity that acquires title to the Senior Living Area from the Declarant and thereby assumes authority to implement these Covenants. 2.12 "West Winds"means the"West Winds Community Planned Unit Development and Major Subdivision, #VOSO and#P-04009", as approved by the City of Bozeman, Montana. p��0 S u�� U �r l ARTICLE III: AUTHORITY AND TERMINATION OF AUTHORITY 3.1 Declarant has authority to remove certain land from the WWCCR pursuant to Article 17.7 thereof. Once done, such authority on behalf of Declarant shall expire. Each time a property is so removed from the WWCCR and is purchased by a Successor Declarant,the Successor Declarant assumes authority to implement this Declaration. ARTICLE IV: LAND USE 4.1 Senior Residential Use: Lots within the Senior Living Area may be used only for �M the construction and occupancy as stated in Chapter 18.16 of thSLJW under the R-3 zoning designation and those permitted under the West Winds Planned Unit Development(PUD). Such uses shall be consistent with the PUD as approved by the City of Bozeman. WEST WINDS SENIOR LIVING AREA 4 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS ARTICLE V: DESIGN GUIDELINES 5.1 Architectural Review Approval: Plans and preliminary construction drawings for �` all proposed buildings, fences, and other improvements to the subject Property or any portion thereof, shall be submitted to and approved by the ARA prior to any r construction. All such construction must conform to the approved plans and the applicable sections of fl,e UD All such drawings'`mustreceive a stamp of &�UZ, approval from the Associations Architectural Control Committee prior to ___......._... ........__.-------- ----�- submitting a site plan application or building permit application, whichever comes first, for City of Bozeman review. 5.2 Building Setbacks: All buildings shall have setbacks as required by Sec. 18.16.050 oftheJJD'0. 5.3 Building Heialit Limit: The maximum height of all multi-household apartment type buildings shall be forty two (42) feet for a roof pitch equal to or greater than L 5:12. Said buildings are subject to site plan review under i Chapter 18.34.E Maximum height for all other buildings shall conform to Section 18.1(j650)f the J�R MG 5.4 Building Materials: All building materials shall be compatible in color. texture and durability with the residential character of the West Winds community. Proposed materials must be submitted to and approved by the ARA prior to use in any construction. 5.5 Landscaping: Landscaping is required to enhance property value and amenities of the property. All proposed landscaping, site finish grading, irrigation and materials shall be submitted with the proposed building plans to the ARA for approval prior to installation and construction. Landscaping shall conform to the C_ provision of Section 18.48 of the Suggested deciduous trees include Aspen, European Green Birch,Rocky Mountain and Big Tooth Maple. Suggested evergreen trees include Colorado Spruce, Lodge Pole Pine, Engleman and White WEST WINDS SENIOR LIVING AREA 5 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS Spruce, Sub Alpine Fir and Scotch Pine. Installation of boulevard street trees as required by the City of Bozeman shall include specifications for a planting hole at least twice the diameter of the root ball, with the root flare of the newly-planted tree visible and above ground; and with a mulch ring three to four feet in diameter around each newly planted boulevard tree. 5.6 Building Orientation Along Arterial and Collector Streets: No fences shall be constructed more than four(4) feet in height on lots backing up to Davis Lane and i Oak Street. ARTICLE VI: MAINTENANCE OF COMMON AREAS 6.1 The Owner, or its dulydelegated representative, shall maintain and otherwise 1'4 `�, g P � \ n manage all Common Areas on the Owner's respective property within the Senior l Living Area including,but not limited to landscaping, walkways, paths, trails, O and storm water facilities. Such maintenance shall meet the standard of care consistent with the remainder of West Winds. 6.2 In addition, the Owner shall be responsible for annual payment of a pro-rata share of the expense for maintenance of Common Areas, including but not limited to, West Winds Park,park fixtures, subdivision streets, trails and storm water facilities. The terms of this annual payment will be confirmed by a written instrument executed by the Declarant and each Successor Declarant and recorded with the Gallatin County Clerk and Recorder, Gallatin County, Montana.. ARTICLE VII: AMENDMENT 7.1 Amendment to Declaration: Amendments to this Declaration shall be made by an i instrument in writing entitled"Amendment to Declaration". An Amendment may be made by the affirmative vote of the Owner or Owners of not less than sixty percent (60%) of the land area within the Senior Living Area subject to WEST WINDS SENIOR LIVING AREA 6 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS concurrence by the City of Bozeman Director of Planning& Community Development that said Amendment is compatible with the West Winds PUD and any other applicabl(zoning and/or planning egulations. --2 Each Owner shall have a vote based on the ratio of the total square footage of its property, in proportion to the total square footage of the Senior Living Area as a whole. The total percentage of votes shall be one hundred (100). Any covenant required as a condition of the West Winds preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the Owner or Owners in accordance with the amendment procedures in the covenants, and the City ? ARTICLE VIII: ADMINISTRATION AND ENFORCEMENT 8.1 Term: The provisions of this Declaration shall be binding for a term of ten(10) years from the date there and may be amended during that period only by the r uccessor Declarant. After the initial ten(10) year period,the covenants shall be automatically extended for successive periods of ten(10)years unless an instrument agreeing to amend the Declaration has been signed by the Owner or Owners of sixty (60)percent of the property square footage within the Senior Living Area. 8.2 Enforcement: Enforcement of this Declaration shall be by proceeding either at law or in equity against any person or persons violating, or attempting to violate, any terms of this Declaration; and the legal proceedings may either be to restrain violation of this Declaration,to recover damages, or both. WEST WINDS SENIOR LIVING AREA 7 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 0 Should any legal proceeding be instituted by an Owner against an Owner alleged to have violated one or more of the provisions of this Declaration, and should the Owner enforcing the provisions of this Declaration be wholly or partially successful; in such proceeding,the offending Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees and costs for all time associated with the action. 8.3 Invalidation: Invalidation of any term of this Declaration by judgment or by court order shall in no way affect any term or provision, all of which shall remain in full force and effect. Dated this day of October,2007. Cascade Development, Inc. By John Dunlap Its President State of Montana ) ss. County of Gallatin ) This instrument was acknowledged before me on this day of October,2007, be John Dunlap as President of Cascade Development, Inc Notary Public for the Printed names: Residing at: My Commission expires: WEST WINDS SENIOR LIVING AREA 8 j DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS i BVU HSJI Bozeman, LLC By: Its: State of Montana ) ss. County of Gallatin ) This instrument was acknowledged before me on the day of October, 2007, By as of BVUHJSI Bozeman LLC. Notary Public for the State of Montana Printed name: Residing at: My Commission expires: WWSLACCRs 102207.doc WEST WINDS SENIOR LIVING AREA 9 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 0-7 agLf F PLANS FOR H I NVRE WEST WINDS PLANNED COMMUNITY IK —------- L seow SONEY T FALLS BOZEMAN, MONTANA i GLIENME L L WEST WINDS COMMUNITY PARK MILES CITY —T—. AND LANDSCAPING PLAN BOZ!MA� BM FIDIN N 4Y -T LO�D--- VICINITY MAP SHERDAN - ------ NOT TO BOZEMAN,SCALE MONTANA NW Corner of Section 2, 2"B.C. r--North Y4 Corner of "779 ES", 0.25 Section 2, 2Y4" B.C. k ,,MDT 5606 S" below asphalt 35 S89*43'51"W 2644.67' TI S, R5E 3 A02 T2S, R5E PHASE 2B PHASE 8 PHASE 7 Z=! 0) d- uo V) PHASE 6 PHASE 2A Center North 6 Corner of Section 2, 2Y;' B.C. "3111 ES" PREPARED FOR: PREPARED BY: CASCADE DEVELOPMENT, INC. HKM ENGINEERING, Inc. PHASE 1B 1627 WEST MAIN STREET 920 Technology Blvd. Suite A PHASE 5 Bozeman, MT. 597158 SUITE #223 BOZEMAN, MONTANA 59715 (406) 586-8834 FAX (406) 586-1730 (406) 585-9230 O N�n Z r2 o PROJECT NO. 04SO67.125 co MARCH 2008 PHASE 1A PHASE 4 PHASE 3 West X Corner of Section 2, 1" Pipe, 1.5' below surface DESIGN B PROJECT MANAGER/ENGINEER MARY KECK AL S89'42'52"W 2639.32' GARDEN CREATIONS \—Center of Section 2, 411 N. 3RD AVE 1"O.D. Iron Pipe BOZEMAN, MIT 59715 ol T Location Map of the YPC marked"S.S. & (406)600-0409 G.Frig" T Sheet N.. 1 WEST WINDS SUBDIVISION IC i C,;1�2$,�',10*it, 107 6 PE I 4?� ajvTav a umE ww PE in the NW Y4 of Section 2, T2S, R5E, P.M.M. Project Engtwer iiiinrnrrr f"ENGIIIIAMWIM kic. of 2 cfi*@J*rahccom 00 Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. L 0 0 LANDSCAPING GENERAL LEGEND KEY MAP a a m a PLANT SYMBOL LIST PLANT SPECIES UST I III ¢ o TREES TREES k (CBS) SHEET LS-1 COLORADO BLUE SPRUCE Colorado Blue Spruce Picea pungens 60-80, 2 -HEEL L3 " Prairie Sky Poplar Populus x Canadensis'Prairie Sky' 55' 2 s' Golden Willow Solix albs 'Vitillina 65' 2 i • Q (PSP)PRARIE SKY POPLAR ' '^• Prairie Spire Green Ash Froxinus pennsylvanlca Rugby 50-60' 3 - o - �,. Brandon American Elm Ulmus 'Brandon' 50' 2 of z ��N (GWL)GOLDEN WILLOW Common Hackberry Celtis occidentalis 50-75' 2 �,--- ----- —�- z a,'a Oakleof Mountain Ash Sorbus hybrida 30' 4 3I ,S. ` ¢ m oo Skyline Honeylocust Gleditsia triocanthos inermis 35-45' 3-4 (PGA)PRAIRIE SPIRE GREEN ASH 3 0 4 i Northwood Maple Acer rubrum 'Northwood' S0' 3 �,v tt®oetow cow • _ Patmore Green Ash Froxinus pennsylvanica 'Patmore 50-60' 2 ._ (ELM)BRANDON AMERICAN ELM Emerald Queen Maple Acer platanoides 'Emerald Queen' 50-60' 4 (^^� Bur Oak Quercus noocrocarpa 60-80' 3 -- `..r (HAK)NORTHERN HACKBERRY Thunder child Crabapple Malus 'Thunderchild' 20' 3 M Canada Red Cherry Prunus virginiana 'Shubert' 20-25' 2 I 1 \ TRADE WIND `a, (OMA) OAKLEAF MOUNTAIN ASH Japanese Tree Lilac Syringe reticulate 25' 3 _ N Amur Chokecherry Prunus maackii 35' 2 ILL 1 Pink Spires Crabapple Malus 'Pink Spires' 20' 2 I I FLURRY LANE-- < - (n • (SHL) SKYLINE HONEY LOCUST Prairie Gem Pear Pyrus ussuriensis 'MOrdok' 18-25' 3 [ELI - � j _ J it 0 � _t _ _ _ j0 06 -'.(NWM)NORTHWOODS MAPLE I -.� f < 7 LLI Z TREE NOTES: 7804AC E� �JJ "CE L _ < Z is (ASH)PATMORE ASH < - g W 1. ALL TREES BALLED AND BURLAPPED 1.5:-2" CALIPER. 3 _ co (� PLANTED TO THE LEVEL OF THE ROOT FLARE, STAKED AND 1 7 - o V f- J X '{yt (EQM)EMERALD QUEEN MAPLE MULCHED WITH A 3" CIRCLE OF SHREDDED CEDAR, (SOD _ ,` ;......,,\� SHEET P-4 REMOVED AND NO EDGING OR WEEDMAT). --- • G W AunAN GROVE 87FErT �. (OAK)BUR OAK 2, TREES PLANTED AT 35-50' SPACING. w W Q W Z N / i �� �e Z 3. EVERGREENS SHALL BE 8' TALL MINIMUM. SHEET P M Q (TCA)THUNDERCHILD CRABAPPLE .� ; 'l t� `' 7sctlActE _-- JJ CD W I W II wlartws�o w \ y 1 --- + a O. O _ (CRC)CANADA RED CHERRY- CLUMPS i � � n �. U)m U) (JlL)JAPANESE TREE LILAC 1.` '/ • Z Q Landscape Points ie WWTER APoc ettr�_\ <'� 1 Points Required: 23 — _ >- p;e (ACC) AMUR CHOKECHERRY �A9 ^ ~ W C o rn 3 points for drought tolerant groundeover: Grass areas to be seeded with StreambankWheatgrass(Agropyron riparium)at a rate of 1 Ib/1000 sq.R. I�) - t?r+E�tAas o W Y (PSC)PINK SPIRES CRABAPPLE 5 points>75%drought tolerant plants: 75%of plants drought tolerant Se 61r - - `$ 10 points for yard landscaping. Two yards meet Table 48-2 UDO landscape requremems(5 points/yard) ('7 M (Q o (PGP)PRAIRIE GEM PEAR 5 points for(5)stone boulders: t point/stone boulder CID - - -—etREZE LANE - W L W - -- -- WI LU o I— � I— • SHRUBS SHRUBS I1 co PL (SBB)SILVER BUFFALO BERRY Silver Buffoloberry Shepherdia argentea 8-12' 2 ' -._ co Red Twig Dogwood Corpus sericea 8' 2 Yellow Twig Dogwood Cornus albs 'Bud's Yellow 6-8' 3 - ,ti (RTD) REDTWIG DOGWOOD Common Chokecherry Prunus virginiana 18' 2 Isanti Dogwood Cornus sericea 'Isanti 5' 2 4.I Skunkbrush Sumac Rhus trilobato 3-6' 3 (YTD) YELLOW TWIG DOGWOOD Rocky Mountain Maple Acer glabrum 15' 2 French Hybrid Lilac Syringa 'various cultivars' 8-10' 2-3 p���•' (CCH) COMMON CHOKECHERRY CLUMP (IOW)ISANTI DOGWOOD CL F. 9 -:agE '9F •Cell O°, T�� SHRUB NOTES: ,�... - ',, • :. � rr 1. ALL SHRUBS SHALL BE 5 GALLON SIZE OR LARGER. SHE S- E.t�J�p (SBS)SKUNKBRUSH SUMAC lam" ttttt 2. SHRUB BEDS WILL BE EDGED WITH BLACK ALUMINUM DES/GN SK in � (RMM) ROCKY MOUNTAIN MAPLE EDGING, COVERED WITH TYPAR PROFESSIONAL GRADE WEED MARY KECK . . MAT AND MULCHED WITH SHREDDED CEDAR TO A DEPTH OF GARDEN CREATIONS SHEET INDEX< 3"-4 411 N. 3RD AVE 1ft' (FHL)FRENCH HYBRID LILAC BOZEMAN, MT 59715 3. SHRUBS PLANTED AT 6' SPACING. (406)600-0409 ... _._ SHT- NO. TITLE GENERAL NOTES: G-1 COVER SHEET 1. NO PLANT SUBSTITUTIONS WILL BE MADE WITHOUT 4. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF SEWER, G-2 KEY MAP, PROJECT LEGEND & SHEET INDEX o APPROVAL FROM THE LANDSCAPE DESIGNER OR CITY WATER OR STORM DRAINAGE MAINS, ANY FIRE HYDRANTS AND FORESTER. SEWER AND WATER SERVICES P-1 NORTH PARK AREA [PHASE 71 2. IRRIGATION SUBMITTAL WILL BE PREPARED. SPECIFICS 5. A PERMANENT AUTOMATIC IRRIGATION SYSTEM SHALL BE P-2 CENTRAL PARK AREA (PHASE 21 M� DETERMINED BY IRRIGATION CONTRACTOR. PROVIDED FOR THE PARK AND LANDSCAPE AREA, WITH THE Z m°D20r" a EXCEPTION OF THE WATERCOURSE SETBACK WHICH SHALL BE P-3 SOUTH PARK AREA (PHASE 11 - 0 3. GENERAL OPEN SPACE LANDSCAPE NOTES: IRRIGATED IN COMPLIANCE WITH THE WATERCOURSE SETBACK K T-rom DESIGN CONCEPTS INCLUDE: PLANTING PLAN. P-4 EAST & WEST TRAIL - PARK AREA EXTENSIONS LU ol-nn 5 A. BORROWING FROM THE HISTORIC LANDSCAPE WITH THE LU o 2 m m USE OF'WINDBREAK' ROWS OF POPLAR AND ASH. 6. WATERCOURSE SETBACK PLANTING PLAN IS FOUND IN LS-1 AND LS-2 BAXTER LANE BLVD LANDSCAPING PLAN Z r=vv " B. OCCASIONAL GOLDEN WILLOWS WHERE SPACE PERMITS, APPENDIX 1-4 OF PUD. LS-3 AND LS-4 DAVIS LANE BLVD LANDSCAPING PLAN 'WE a REPEAT OF NEIGHBORING PROPERTY. C. USE OF NATIVE/RIPARIAN SPECIES (DOGWOOD, 7. OAK STREET EAST 1/2 PHASE 1A: F m c CHOKECHERRY, SUMAC, BUFFALOBERRY AND ROCKY MOUNTAIN OPEN SPACE LANDSCAPING ALREADY INSTALLED -480 LINEAR LS-5 OAK STREET BLVD LANDSCAPING PLAN Z N O L(xp W rnmaa MAPLE) TO TIE IN WITH THE SMALL WATERCOURSES IN THE FEET. EARTHEN BERM SEEDED WITH GRASS, 15 SPRUCE TREES LS-G NORTH 27TH AVENUE BLVD LANDSCAPING PLAN o AREA. AND 12 LARGE QUAKING ASPEN IN GROUPINGS OF 2'S AND 3'S D. SPECIES WERE CHOSEN FOR SPRING BLOOMING, FALL IF COLOR AND WINTER INTEREST. Sheet No. 2 NE. NOISE AND VISUAL BUFFERING FROM BAXTER LANE WITH PARK APPROVAL NOTE: EVERGREENS AND LARGER BUSHY SHRUBS. PARK PLAN PROVIDED HEREIN IS NOT APPROVED WITH THIS PUD LANDSCAPING PLAN BUT IS SUBJECT TO THE G-Z REVIEW AND APPROVAL OF THE PARK AND RECREATION SUPERINTENDANT, UNLESS IT IS DETERMINED THAT IT REQUIRES THE FULL REVIEW PROCESS AND APPROVAL BY CITY COMMISSION, PRIOR TO FINAL PLAT APPROVAL. of 2 Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. o I N O T O m Q Baxter Lane_ LEGEND (PGA) ••(PGA) •(PGA) (PGA) ••(PGA) (PGA) (PGA) • (PGA) (PGA) -arm. v / (El Mill-, w (CBS) C z ` ( OLORADO BLUE SPRUCE — 9 s �� // o .3'uoe. 3 Y4dYw m c7 a �'Ja (PGA) PRAIRIE SPIRE GREEN ASH — 19 (EL r� j '�''rma -��+'sv10c '►n'sr�e (CBS) ♦ — ELM) }O m�SN � I I I �^C W20 TQPQ�'P� , .`l. (ELM) BRANDON AMERICAN ELM — 8 Y QP �1 DRAINAGE 1 I I ,y40�0 EASEMENT I I I SOCCER e° I - (SHL) PRACTICE I'C SSI TRAIT - (SHL) SKYLINE HONEY LOCUST— 5 0, I FIELD,,II ' '1/(8 WIDE TYP) (SHL) /�/ / I —� (NWM) NORTHWOODS MAPLE — 10 > Y IRR L_._ _ ,L __J ,;, ,, I (HAK) NORTHERN HACKBERRY— 7 a Z t` (NWM) (NWM) / (�JWM) ♦ B I .. / ¢ (ELM) '� ♦.- - i H i 0_. W F- (OMA) - (n (SBB) LRCOURSE (OMA) OAKLEAF MOUNTAIN ASH — 4 Q 1-tane :1 .• I E ACK V I— _ 'It ZI !�, PICAS qv_-- — -- ,r "�I v►s 5�`6' "awl (PSP) PRAIRIE SKY POPLAR — 9 W Q (HAK) (HAK) (HA \NbS ��) I� - N 1', a Z Z W wal .V \ , rn w I¢ a �: S�yYjn(�y Ya ZCc Q� Q Q (HAK) (RTD) Imo' •..� `s (GWL) GOLDEN WILLOW— 1 o J \\�\ ..(HAK) IRR fus` a W Y �i/\ (E u 1 (HAK .. - � o Mk): �� . I"NI (SBB) SILVER BUFFALO BERRY— 5 E m Z '<v �(OMA I (RTD) REDTWIG DOGWOOD — 9 3 fn CE: Q •Pt�`E' H W 0 m� c (ASH) PATMORE ASH 3 W > (CBS)' m I / I o I I SENSITIVE PARK AREA — WETLANDS AND WATERCOURSE (P � I' / I I ROM SETBACKS. PLANT PER WATERCOURSE SETBACK - PLANTING PLAN S I TRAIL 0 (8WIDE TYP) J, , i i(PGA) I i PASSIVE PARK AREA — NATURAL GRASSES PSP) j. / 'SOCCER - I I I /'< �j - ACTIVE PARK AREA — TURF I(' I; / -PRACTICE. I I I ASE 7 y �' FIELD i(PGA). I mmm Q=N®® A SE I I,•' /i I SITE TRIANGLE TYPICAL -, I•' `./ (PGA) , / I •` I I DRAINAGE I f / / / I cp I %� SANITARY SEWER MANHOLE EASEMENT I PGA 0 STORM SEWER MANHOLE STORM SEWER INLET / z I IRR IRRIGATION WELL / SOCCER i 2� o I PRACTICE I(PGA)(RTD) FIELD I I Tschache Lang- (NWM ' .CBS) I(PCA)t I I I / (NWM)I I (OMA) -/ �— -- -r�(PGA) 3 '(SHL) ''/ / NOTES: o 1. CITY OF BOZEMAN PARKS DEPARTMENT TO 2'd APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. DESIGN BY- a (SHL)/ / (N >i I 2. SOCCER PRACTICE FIELD FOR GRAPHICS a N MARY KECK PURPOSES ONLY. NO SOCCER SPECIFIC �✓' Yrz a I ( /(NWM};IRR IMPROVEMENTS PROPOSED. GARDEN CREATIONS W p� a // ll r 3. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF 411 N. 3RD AVE W p acn cc Z (ASH) '/ I SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE BOZEMAN, MT 59715 Z L co V a • / ,/i� /'j `_f-" I I HYDRANTS AND SEWER AND WATER SERVICES. (406)600-0409 ,j j//// (ASH),- I Z N N t q --�'WATERCOURSE a ♦ / SETBACK W m m a a 'n •;' _ @_O 1—SnN i/: 60 0 60 120 Sheet No- NORTH PARK AREA scale feet P-1 ti Copyright ® 2008 HKM Engineering Inc., All Rights Reserved. © 6 0 0 ® 0 J � O U p 0 77� LEGEND m a a eua • m 3. (CBS) COLORADO BLUE SPRUCE - 3 p - o@ w s (PSP) PRAIRIE SKY POPLAR - 5 w 6 U Z • (SBB) SILVER BUFFALO BERRY- 6 m - o W z ` ? mN�8 SEE SHEET P-1 0 � ' woo TREES LANE TREES FOR T E (RTD) REDTWIG DOGWOOD - 5 • 3 x� o _. o z � ' - g ♦ "� I I (PGA) PRAIRIE SPIRE GREEN ASH - 2 v & ,♦ WATERCOURSE I w /r ♦ SCTDACK ' I O I I (ELM) BRANDON AMERICAN ELM - 7 • ao ♦ ♦, O -S PN - I 0 { ♦ _`�� I (NWM) NORTHWOODS MAPLE - 3 `V Y N -SEWER' J ,(ELM) ¢ Z \\_i\ Q w (YTD) YELLOW TWIG DOGWOOD - 9 EL Q BOUNDARY = ' uJ 0r ODE:TYP) A, �I • U I- F- �. as , - ,I � ,'., : �• (CCH) COMMON CHOKECHERRY CLUMP - 4 Q m Q ♦i,� ('LASS II TRAIL , jl z I ",� / Y=\\ rn IJJ w (P P) (6 WIDE-TYP) J a ,f(s YM/ �i, A Z Z Cc ♦ PA SIG Z 0 Q (ASH) PATMORE ASH - 5 ao Q V SE 6 'tCBS) sq� a N Ir Z IL ♦ ♦. ,T�T LYT i ,',(NWM ` (EQM) EMERALD QUEEN MAPLE - 3 a Z J P SE e y � Q ♦ ♦ ,,(SBB) I: I 9 I .'/ ♦ (RTD) �w ,(CBS) /1�(EQM): ® -. (OAK) BUR OAK - 2 ~ w w wN TCA THUNDERCHILD CRABAPPLE - 3 0 • / i D) (ICCH) ♦ I 1 \ (SVM) SILVER MAPLE - ACTUALLY PLANTED - 3 CLASS II TRAIL s i _ Ih' SENSITIVE PARK AREA - WETLANDS AND WATERCOURSE • (6' WIDE TYP -I I " . SETBACKS. PLANT PER WATERCOURSE SETBACK A) yI� I , (EQM)� PLANTING PLAN I(,RTD) '� Z> D Al A PASSIVE PARK AREA- NATURAL GRASSES C.` ♦ " CBS I ,� I / E SE E T ♦ ) i ACTIVE PARK AREA - TURF By (OMA) x 14 (PGA) J D) I I• I 11 SITE TRIANGLE TYPICAL t CILIA S TRAIL I 'DASH GRAVEL ACCESS '(81WID 'T,YP)'' 'jli ilV/ ROAD I / 11 . i OCCER� I� I i P ACTICF ate) I FIE SANITARY SEWER MANHOLE LO ICAS `z ® STORM SEWER MANHOLE I g I irwl 1 o STORM SEWER INLET ♦ (CCH)I cirwl' I IRR I ASH IRRIGATION WELL ♦ . - (YTD).L- - - (ELM) R AS � ! 1 E 1B w �� \ ♦ ASH( ' I: • �,,r�j DRAINAGE ♦ ( !- "I 1 4 a EASEMENT _ q U� o aN \\\� arie %♦(ELM) 1(EIM)I ` If1 to L e%e NOTES: DESIGN 8K \ � Z'm°D1 x -♦ $T .•�" I. I'j�, 1. CITY OF BOZEMAN PARKS DEPARTMENT TO MARY KECK V 0: >a12,m (ELM), APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. GARDEN CREATIONS w oFnn a 2. SOCCER PRACTICE FIELD FOR GRAPHICS 411 N. 3RD AVE ♦ I I PURPOSES ONLY. NO SOCCER SPECIFIC _N w o 0 BOZEMAN, MT 59715 c !Z(ELM),.. _ I i IMPROVEMENTS PROPOSED. (406)600-0409 Z U�c•"v a • A GJ'�j J (ELM)' 1 T I 3. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF E y o N •' I i' SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE w c.. (ELM) ♦ - I I' HYDRANTS AND SEWER AND WATER SERVICES. Z N of R /K7 I i W mmn.u. I ,I z WATERCOURSE SETBACK Sheet No. 'GRID 0 CENTRAL PARK AREA 6O ale Q 6Q feet 0 P-2 Copyright ®2005 HKM Engineering Inc., All Rights Reserved. 0 � p 0 0 0 0 0 o � U a O O T 777) 2 m Q • O LEGEND � Al' / ,i„ ASE 1B y EASEMENT \" , / (PSP) PRAIRIE SKY POPLAR - 3 RAINAGE • s \OZO I I 0 N_ N m f a GJ' reeve L .._.. — (CCH) COMMON CHOKECHERRY CLUMP - 4 o zz L aapo B r W> ��sas — • I a �_ _ 3 ( CH/i/ (IDW) ISANTI DOGWOOD - 3 M P o s N B Z A (SBS) SKUNKBRUSH SUMAC - 6 � I I WATERCOURSE �(Psp) ro SETBACK • BRID i Ib (RMM) ROCKY MOUNTAIN MAPLE - 2 HASE m Z W r 5 OUND (GWL) GOLDEN WILLOW- 1 W N .QP��PO ■ I ~PGA PRAIRIE SPIRE GREEN ASH - 2 • O F- Z Z rr (RMM O DENOTES TREE ACTUALLY PLANTED Q < O ■' GRAVEL ACCE S a W V Y CLASS I TRAIL-:■ y BROAD N (n Ix (8'WIDE TYP) ■ SENSITIVE PARK AREA - WETLANDS AND WATERCOURSE o 0 Im a ■ / / PLANTING PLANANT PER WATERCOURSE SETBACK Z _ ■ F- e I / PASSIVE PARK AREA - NATURAL GRASSES U" D I i i fn ACTIVE PARK AREA - TURF _N W ?> I � � ■ ■/ / CO lip ■ I 'y v I I ICH) SITE TRIANGLE TYPICAL m a` CLASS I TRAIL--- INSTALL TRAIL (10' WIDE TYP) �OLL f4 Y SANITARY SEWER MANHOLE i a ■ j� / r /'' 0 STORM SEWER MANHOLE ■ '';';(, �// /' o STORM SEWER INLET IRRh IRRIGATION WELL a ■ I I / tPREES I ///i ALQNG BUCKRAKE AVENUE _ I / m (PGA) v (PGA) O _ � I SIGN �.. (7 y vo - - -" - 3- COL0RADO SPRUCE AND 1. CITY OF BOZEMAN PARKS DEPARTMENT TO Z >co w r' 3- SILVER MAPLE PLANTED ON THIS DESIGN BY.• _ m,, • SAN SAN- APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. \ �o-p-- -"-"-- C R BY LANDSCAAP CONTRACTOR -N- MARY KECK 1� >m 1.0 AN-- --� -5 RE 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF 0)�n a ,••�,.�..�.......•�••�••�••�•• ••�•'�••�"�"�•'�•'� •�••�••�••... SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE GARDEN CREATIONS W OF^^ • MIXTURE OF ASH TREES ALONG OAK STREET HYDRANTS AND SEWER AND WATER SERVICES. 411 N. 3RD AVE W 0 o 0 Oak Street BOZEMAN, MT 59715 Z t=vv (406)600-0409 - u `� Eh N O Z o W mma it i s :5- 60 0 60 120 Sheet No. SO UT PARK AREA scale feet a P-3 0 i 0 Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. 0 0 II J O U p a 7� LEGEND o m a SE 6 ¢ N •• (ELM) BRANDON AMERICAN ELM - 3 Jo •5; a d TJ SE 5 (OMA) OAKLEAF MOUNTAIN ASH - 1 s z (NWM) NORTHWOODS MAPLE - 1 i z 3N ¢ moo (ASH) NORTHERN TREASURE ASH - 6 Y s^Westwirrd-Va \� CLAS`. (EQM) EMERALD QUEEN MAPLE - 6 (n a I :.A)(6.W 0 (E ,� (OAK) BUR OAK - 4Lu (OAK .. o z Q W(EQM) OAK) (ASH (OMA) z2 (P ?� (TCA) THUNDERCHILD CRABAPPLE - 4 (JTL) - (TCA) I// ®® ® (CRC) (TCA) !�I/,® ® (EQM) 1 (ASH) a Q ( uj TCA) (CRC)® (TCA) (JTL) I 1ftlrm 0 H ® CRC) ,�`7CLASS II TRAIL -- (JTL) + (CRC) ;;- (CRC) CANADA RED CHERRY - CLUMPS - 4 (..) F- Z Q ( - - - p2 — — _ (JTL) JAPANESE TREE LILAC - 3 s Z Q O d Win ter r rem -saN -- _ a ¢ 2 U — — I N (q J- 0) O 0 1 J 1 - SITE TRIANGLE TYPICAL o Z m Z U 5 Cn WEST TRAIL PARK AREA EXTENSI®1V (PHASE 5) ,,\ � � � � �\ SANITARY SEWER MANHOLE ^o 0 ® STORM SEWER MANHOLE o o STORM SEWER INLET o W IR� IRRIGATION WELL °- • ( LEGEND �SaN i (ELM) BRANDON AMERICAN ELM - 2 (OMA) OAKLEAF MOUNTAIN ASH - 1 .;; PA SIG j IR . `� •.i,��q \ (ASH) NORTHERN TREASURE ASH - 6 1.0TES:CITY OF BOZEMAN PARKS DEPARTMENT TO APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. \\ `�,,`• 2q O 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE (EL _••�•• I ` - (OAK) BUR OAK - 2 HYDRANTS AND SEWER AND WATER SERVICES. o (TCA) THUNDERCHILD CRABAPPLE - 4 H r _ m Im v (OAK) (OAK) r I (JTL) JAPANESE TREE LILAC - 6 OMA) � (®) *TCA) . ,� Q (JTL) ,®® 1 __ �` m (JTL) ...i40i ® - rn (JTL) JTL). CLASS II TRAIL (JTL ! ,y SITE TRIANGLE TYPICAL (7 a o (6' WIDE TYP) "'' Z >m aMo n DESIGN 5 K _ m^I? -N - MARY KECK d' >,N m rc Al A ' GARDEN CREATIONS W N h a SE E T I w 411 N. 3RD AVE W 6 g c o BOZEMAN, MT 59715 Z c,,w SANITARY SEWER MANHOLE (406)600-0409 L m '� NOLM\ ® STORM SEWER MANHOLE Z~m 0" i \S\ I ❑ STORM SEWER INLET W rn m a u. i IR%, IRRIGATION WELL 60 0 60 120 Sheet No. EAST TRAIL PARK AREA EXTENSIST TRAIL PARK AREA ®liT�PHASE EAST TRAIL 1� Y scale feet P-4 0 0 Copyright ®2008 HKM Engineering Inc., All Rights Reserved. L 0 0 © ® © Q o U p o � N >o n 2 m 7 Q 0 _o O 0 . 'O Q� U 6 L Z U m � o INSTALL 3 STONE INSTALL 2 STONE o z <�QN 80ULDERS Baxter Lane BOULDERS . .. .. .. ........ .e..-r...r.t..�..�..�..LD.,..,.� .. r Lane �.. ..�. �. �. �..�..�..�..�..�. �. LEGEND o a m om Q J J J J J J _ CIL ^ ^ ^• • 3 LL i i U' U F- H H H H H C7 (.7 . CJ, J J J J..__J J a O _ (ELM) BRANDON AMERICAN ELM - 5 l�.< a Sryr� SB1 SB7 yntpa= SB1 -E i SB1 •(l.. ,}yns` '11' -•t'� SB2 t� `�7'' �'t``� f�I�„s o PN (JTL) (JTL) ,(CBS) (GWL) CCBS) (JTL) {� CJTL)(CBS) (CBS)(ACC) ..CBS) (ACC) J CGS-) (GWL) O.. (J ( -(CBS).- (GWL)(JTL). - (JTL) JAPANESE TREE LILAC -11 Z ) o } J _ eI (JTL) hyrm S - - '6k' (OMA) OAKLEAF MONTAIN ASH - 6 m Z r� � Q Z L 'V ( SB2 S ) ZzIur a; � (L a C) mm CBS xi 3• (CBS) COLORADO BLUE SPRUCE - 9 : Q �f: HL) ry� U F- Z (n r'i (ACC) AMUR CHOKECHERRY - 2 0 = Z 3':t CBS) 1, �i� s W � a u of L(� Z Z (F L) "J + (PGP) PRAIRIE GEM PEAR - 8 a ¢ �2 (� _ w J W r BS) -- --- - fi! a lV fn J rtr(F L) Trade Wind Lane — 256 4 (GWL) GOLDEN WILLOW- 4 Q Z m Z LmLI Trade Z 30 ;CBS) (SBB) SILVER BUFFALO BERRY - 15 Cl) r W cc HL) N W W §� (RTD) REDTWIG DOGWOOD - 5 D X CBS) (RMM) ROCKY MOUNTAIN MAPLE - 10 co U B1iA l �ll ���� � ��� ,- (CCH) COMMON CHOKECHERRY CLUMP - 36 a RMM)(SBB) (RMM (RTD) o SB1 SHRUB BED 1 (5 GAL OR LARGER) (SBB) (SBB) Baxter Lane West Y.Phase 8-Open Snare yard-630 linear feet Baxter Lane West%Phase 7-Open Space yard•-400linear feet Elements Require/Column(Length/50): 13 Elements Require/Column(Length/50): 8 25 3 elements of 2 sm.ornamental 6 JTL• 2 elements of 2 evergreen trees 4 CBS 6- (CCH) 3 elements of lg canopy tree 3 GWL 1 elements of large canopy tree 1 GWL _ 4 elements of 1 Ig non-canopy tree 4 CBS 1 element of2 sm.ornamental 2 ACC SB2 SHRUB BED 2 e 5 elements of 6 deciduous shrubs 30 SBB,RTD,RMM 2.5 elements of 2 sin.ornamental 5 JTL• 15 Total 39 2 elements of 6 deciduous shrubs 12 CCH (5 GAL. OR LARGER) ` 25' Table 48.2 NOTE: SHRUB BEDS TO BE ttof #of d.5 Total 24 EDGED WITH BLACK ALUMINUM gColumn A elements Description Column B elements Description TYPAR WEED MAT AND a 1 W large canopy tree 3 GL 3 evergreen shrubs and 3 deciduous shrubs Table 45-2 MULCHED WITH SHREDDED 1 large nonranopy tree 4 CBS 2 small ornamental trees 3 jtl #of #of CEDAR 2 small ornamental trees 2 large evergreen trees Column A elements Description Column B elements Description < i 6 evergreen shrubs 1 large canopy tree 1 GWL 3 evergreen shrubs and 3 deciduous shrubs O1 6 deciduous shrubs 5 SBB,RTD,RMM 1 large noncanopy tree 2 small ornamental trees 2.5 JTL °0 Total 7 Total 6 2 small ornamental trees 1 ACC 2 large evergreen trees 2 CBS 6 evergreen shrubs 6 deciduous shrubs 2 CCH Total 2 Total 6.5 a NOTES: 1. GRASS, IRRIGATION AND STREET TREES SHALL BE �'a Z >WppMM t- v PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN op� CURBS AND SIDEWALKS. DESIGN BY"" -m mm a 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF MARY KECK ii SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE u, to to HYDRANTS AND SEWER AND WATER SERVICES. GARDEN CREATIONS W .2200~00 Coo � BOZEMAN, MT 59715 v' (406)600-0409 Z F g N O A 33 W m mCOdLL i i N 60 0 60 120 NI Sheet No. r o scale feet a LS-1 0 8 Copyright ® 2008 HKM Engineering Inc., All Rights Reserved. I 0 a © a 0 0 o U p a � i O T a m • `0 J '5 U > U � m U O L Z U LEGEND �. m � Swza Z � a � ' (OMA) OAKLEAF MOUNTAIN ASH - 6 0 E (PGA) PRAIRIE SPIRE GREEN ASH - 3 w rn a (ELM) BRANDON AMERICAN ELM - 5 • Z m Q o J ?� (CBS) COLORADO BLUE SPRUCE - 3 Z " g Q Z d Q (SBB) SILVER BUFFALO BERRY- 12 o r Q • O F— U Cl) (RMM) ROCKY MOUNTAIN MAPLE - 10 5 10 a I (RTD) REDTWIG DOGWOOD - 5 J O a- W (CRC) CANADA RED CHERRY- CLUMPS - 3 a O Q J o p m Z W Baxter Lane RMM)(SBB) Z .. .. .. .. .. ..�..�..�..�..�..�..�..�..�..�.. .. .. ..��.. ........ .. .. .. .. .. .. .. ........�..�..�..�........�..�.. (RMM ?y Q �• (PGA) (PGA) (ELM) (ELM) (ELM) (ELM) (ELM) (PGA) y (RTD)- 3 I- J SHRUB BED 1 71- • W �e cc • 3-(9MA) [, f (5 GAL. OR LARGER) in (/� LLI � SBe B) W � H y ��r= SB1 - set SBt 3 `€ sBt - SB1 ' 25' Q fr1 CB ) (CR 3 (OM A (CR ) (CBS) CRC) (Ogg) NOTE: SHRUB BEDS TO BE m vQJ EDGED WITH BLACK ALUMINUM v "\oo'- �� � ` � I TYPAR WEED MAT AND 'o -------------� p P ♦ Z ' MULCHED NTH SHREDDED a` q CEDAR • I � �� � 5 (PS ;OCCER I °' jj 'RACTICE i c SS I TRAIL i (JTL IELD i (a WIDE rYP)� i � �— (JTLk �m Hedgerow Court JTL -- ( k NDS RCA --- , TYP WI RCOURSE RCAJ BAXTER LANE E 112 DE�FT I I S/GN BY. GARDEN CREATIONS 411 N. 3RD AVE a BOZEMAN, MT 59715 (406)600-0409 m Baxter Lane-East% -Open space yard--570 linear feet n Elements Require/Column(Length/50): 11.4 Q 1.5 elements of 2 sm.ornamental 3 CRC I j 3 elements of 1 lg.non-canopy tree 3 CBS 3 elements of 2 sm.ornamental 6 OMA to NOTES: 5 elements of 6 deciduous shrubs 30 SBB,RTD,RMM a M M 1. GRASS, IRRIGATION AND STREET TREES SHALL BE 12.5 Total 42 Z > �� PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN m rn CURBS AND SIDEWALKS. W o F N d 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF Table 48-2 W c 2 0 m a SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE #of #of c o 0 < HYDRANTS AND SEWER AND WATER SERVICES. -N- Z r c v v o _ Column A elements Description Column B elements Description - 5 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs ~N o ii 1 large noncanopy tree 3 CBS 2 small ornamental trees Z a o r R 2 small ornamental trees 1.5 CRC 2 large evergreen trees 3 OMA W o:In a LL 6 evergreen shrubs i 6 deciduous shrubs 5 SBB,RTD,RMM Sheet No. Total 4.5 Total 8 g 60 0 60 120 L S—2 scale feet 6 Copyright @ 2008 HKM Engineering Inc., All Rights Reserved. L 0 0 0 0 %P 0 0 U N O T a m 7T Q • a J N LEGEND v o s z U (PGA) PRAIRIE SPIRE GREEN ASH - 3 c� rcz� z (ELM) BRANDON AMERICAN ELM - 3 rC m w z o • 3 0 �a�i Y - (EOM) EMERALD QUEEN MAPLE - 2 rn (OAK) OUR OAK - 6 o Z O } Q YJ d Q 0 v IZ Z } d • 0 � ZU p zz gQ a ZQ Q J a Q —Jw Up STREET Ok.OICATION a n" O � J Davis Lane PUBLIC STREET EASEMENT STREET DEDICATION N (n DOC, NO. 210JI46 PUBLIC STRk!I FAS'E'MENT o m Z CO .e..a.. DOC NO. 2703146 Z ?� Lu Z m Da vis Lan e w ?y — Q C, � o Cb CD o (NDCb Ali � p • CD U � D m 0 DA VIS LANE S 1-/2 m a M 9 7 N y NOTES: U _ 1. GRASS, IRRIGATION AND STREET TREES SHALL BE DESIGN BY.• Z ' ' PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN a CURBS AND SIDEWALKS. MARY KECK 0: �mNN < 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF GARDEN CREATIONS W o F^^ a SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE 411 N. 3RD AVE W o o 0 w HYDRANTS AND SEWER AND WATER SERVICES. BOZEMAN, MT 59715 Z c v (406)600-0409 dEm 3z H 0 C„ 3 I Z Nos W mmLLLL a i I Sheet No. 60 0 60 LS-3 scale feet et 0 Copyright ®2008 HKM Engineering Inc., All Rights Reserved. 1 0 0 U p C] O T d m Q • O LEGEND o L U (PGA) PRAIRIE SPIRE GREEN ASH - 5 �, � o--w w z �z�c � (ELM) BRANDON AMERICAN ELM - 4 0 z maoo ni • �owzz (EQM) EMERALD QUEEN MAPLE - 6 (OAK) BUR OAK - 8 Z f;#Ytg (CBS) COLORADO BLUE SPRUCE *Ra66' a ? Q d —�� RACT 4A-1 FUTURC (FHL) FRENCH HYBRID LILAC - 114 z d Z I v N GROUPS OF SIX � COS 22028 8 XICR MEAD WS d _ SUHDINSlO STREET DEDICATION -� PHASE 4 V Z C0 PUBLIC STREFT FASEMFNT Q 5 DOC, NO. 210314J - lJ.l 2 Z _...,...._.._.._ _ ._. _.._ _. _ ._ .. .. --— Davis Lane Q m . a d N U > m _. _.._.._.._.._.._.._.._.._...T ' i m0 0 O o O m ����"'���••�"�_•• . 57REET DEDICATION Q N J v 0 D D D D � ••v o D m �i 1'� •a••_..3.._^On_.. U co 0 0 _ .Di .7i .�i v .�i L� D y v O D y v y �'LSCIt ST1C!<rJ�.9E�lrfMb.!_..�, ✓� m Z m �— .. DOC. 703143 D y r. �c v NC 2 a Z ?y W Q T a y ., . e . �e .: 3 9•, 'a an.F 3'a'.f� ,.. -:;te a �, a ='. �y my m v C: �j = _ � m °"y' x ,.. Tx v m x , n-'qn '%w'n'c� a3i•itnE ��",� arn'Imf 3�i" • V W m m r m V m v r ry� ate" L v v m v cy Wei N v rn m n n c� m x r -� > N� m 0 co - �, v N DAVIS LANE N 1 Davis Lane North-Open Space yard--680 linear feet Davis Lane South-Open Space yard-260 linear feet Elements Require/Column(Length/50): 14 Elements Require/Column(Length/50): 5 14 elements of large noncanapy tree 14 CBS 5 elements of large noncanapy tree 5 CBS 14 elements of 6 deciduous shrubs 84 FHL' Good 5 elements of 6 deciduous shrubs 30 FHL Good 28 Total 98 10 Total 35 T M Table 48-2 able 48-2 #of #of #of #of a Description Column A elements Description Column B elements Column A elements Description Column B elements Description P 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large Canopy tree 3 evergreen shrubs and 3 deciduous shrubs W 1 large noncanopy tree 5 2 small ornamental trees 1 large noncanopy tree 14 14 CBS 2 small ornamental trees DESIGN BY.• C7 o M 2 small ornamental trees 2 large evergreen trees 2 small ornamental trees 2 large evergreen trees MARY KECK z >W m r- 6 evergreen shrubs 6 evergreen shrubs m z 6 deciduous shrubs 5 FHL GARDEN CREATIONS , - �� Total 5 Total 5 g BO N. N. T 5 T g 6 deciduous shrubs 14 84 FHL BOZEMAN, MT 59715 W C F Total 14 Total 14 (406)600-0409 w c z !'!cr. U � (�A u I N C.. 5 zoOLx NOTES: I W 0 ro IL U. 1. GRASS, IRRIGATION AND STREET TREES SHALL BE z PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN NI CURBS AND SIDEWALKS. l Sheet No. n 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF 1° SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE 60 0 60 120 �'1 w i HYDRANTS AND SEWER AND WATER SERVICES. et 4 i scale feet a Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. J � O7 a i O T n m Q • a J 5; I c LEGEND - (OMA� d n 'i (OMA z (JTL) JAPANESE TREE LILAC — 43 ai (JTL)' DENOTES TREE ACTUALLY PLANTED o z %aao Y `WATERCOURSE f O 3 ��� fff �o�o --'� , SETBACK �o PHASE 3 lA EARTHEN BERM ALREADY PLANTED WITH 15— SPRUCE AND �..�..�..�..�...�..�..�..�..�..�..�..�..�. . ASPEN • o Q Oak Street N Y a i m ¢ C7 C IZ Z -- - EL ti -N- • O U SUBDI V/SON O U ZONED R-2—A�S` PPLAT J33&4 R � 0 3 W = Z G G 2 J Fn nn _ ¢ Q a J W (-) 0 O a N � J OAK STREET E 1 A? 60 0 60 120 D o m z Cal F- M feet a Z L J 1 W F ir - • U W (1) u W Y N NOTES: o O 1. GRASS, IRRIGATION AND STREET TREES SHALL BE PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN o CURBS AND SIDEWALKS, 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE HYDRANTS AND SEWER AND WATER SERVICES. a �4� p~O I ( a o DESIGN BY MARY KECK E N 4- • W N GARDEN NS N. 3RDEAVE 411 I h. "� BOZEMAN, MT 59715 J o Q (406)600-0409 N c q J N H JJ F H J J J J J J 7 N (� o as .� .� �.................... .. .. ........ .. .. ..�..�..�..�..�..�..�..�..�u�..�..�..�...�..�..�..�..�. z > z .._.. .. .. .._..�..�..�.._..�..�..�..�.._.. Oak Street W � 2200 U W �0 0 z L cav — U UNPLATTED c WI NPLA H. & F O L A CNAD E RIPPLINGER COMMON OPEN SPACE z o N O K BETTY ANNE LOT 7, BLOCK 23 llARVEST CREEK SUBDIVISION PIIASE 71 M ROVED BY 1 R ES77"(k FK W obi m a LL SIPPLE TRUST HARVEST CREEK 43,424 S0. FT SUBDIVISION � 41/RA1VlS!(7N �, �, a ,. ,., ,., �, n, �• �, a 60 0 6C 120 Sheet No. a OAKSTREET YW 1-/;? Scale feet I S-5 i a Copyright ®2008 HKM Engineering Inc., All Rights Reserved. t� © Q 0 Q © 0 J O O p m O T ® a m LEGEND S Z (PSC) PINK SPIRES CRABAPPLE - 5 Tempest Court m �_ 2 ��U p — . (RCA) RADIANT CRABAPPLE - 8 o z� maoo i Otr • 3 0 €aFz ri) *40 (TCA) THUNDERCHILD CRABAPPLE - 2 (D N T S<jr} (ACC) AMUR CHOKECHERRY- 7 0 lrDfl • Z sd *� (JTL) JAPANESE TREE LILAC -17 � Q Z ` I IONIA) OAKLEAF MONTAIN ASH - 10 °: a _ _ co D_� D" 'O D=' (TCC) THUNDERCHILD CRABAPPLE - 7 Q Q Z n > > > 1 -H C7 0 (") (7 C') > O 0 C -1 v Ll.l J �..�..�...�..��..✓..r➢r,.►�.�..�..�..�...�..�..�...�...�:...ter.o..�➢... O O .ni ➢ n O ` D v v v n ~n`-,� North 27th Avenue •• •• •• (PGP) PRAIRIE GEM PEAR (CITY- 3) a V a (L N (A m Q In O Q ZO S Ix, AUNT sFoi�r �ZON£D R--3,_S j, ZONL-D R-3� -— _ a Z coZEll) - LU Q LU NORTH ,2'7TH AVENUE S 1�2 � � � NOTE: —z N CV THE STREET TREES FOR THIS SECTION ALREADY PLANTED. - Z 60 0 60 120 scale feet ° a • La m m � ` vI NOTES: _ I 1. GRASS, IRRIGATION AND STREET TREES SHALL BE ^+� PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN y�+J cn CURBS AND SIDEWALKS. Leeward Court ' 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF D SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE - - - A i HYDRANTS AND SEWER AND WATER SERVICES. --- _ v )>q�R . rn N m CURR� o =' - 1 � � A � � :- D °� 0 0 � � C) � � -0 (7 North 27th Avenue rn N v A� v'0ll- cis vc DESIGN B Y- ` pip ti m MARY KECK m GARDEN CREATIONS W p 411 N. 3RD AVE W p �a a F�Pq�'Y BOZEMAN, MT 59715 2 o UlF2 (406)600-0409 mc., I N O W rnm ali NORTH 27TH AVENUE N 1 Sheet No. NOTE: gTHE STREET TREES FOR THIS SECTION ALREADY PLANTED. 60 0 60 120 LS-6 a scale feet a Copyright ®2008 HKM Engineering Inc., All Rights Reserved. III ® 0 © A► E N G I N E E R I N G 920 Technology Blvd.,Ste A Bozeman,MT 59718 Phone(406)586-8834 Fax(406)586-1730 TRANSMITTAL LETTER Project Name&Locations: West Winds Name: Lanette Windemaker Date: May 6,2008 City of Bozeman Project No.: 04S067.125 P.O:Box 1230 .., — 17 Bozeman,MT 59771 Imo'; -------____..- ---- ...- WE TRANSMIT: In`. ( ��,:•, !j �a ® herewith ❑ under separate ;over via ❑ in accordance with your request FOR YOUR: ❑ approval ❑ distribution to parties ❑ information ❑ record ❑ review&comment ® use ❑ other THE FOLLOWING: ❑ drawings ❑ shop drawing prints ❑ samples ❑ specs ❑ shop drawing reproducible ❑ product literature ❑ change order ❑ progress estimates ® other Action Copies Date Description Code 1 5/6/08 Full-size park and landscape plans Action Code: A-No Exception Noted B-Corrections Required C -Revise&Resubmit D-For signature&return to this office REMARKS As requested,please find attached the full-size park and landscape plans. COPIES TO: BY: Clint Litle,P.E. i 0 0 2060 Y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT . I t 1 ! 1 1 HNAL AN EWED& APPROVED EPT OF PLANNING 1 0NiTY D i ). 1 CTOR / r A ` I f i 140 M�WFICATIOWH of these plans and/or elevations without prior written approval from the Planning Office Final Version 5/1/08 - PUD AMENDMENT NUMBER II - OCTOBER 2007 I E N G I M" r: E R I N G 1� May 1, 2008 920 Technology Boulevard Rec. No. 045067.125 Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Ms. Lanette Windemaker, AICP City of Bozeman Planning Office P.O. Box 1230 Bozeman MT, 59771 RE: West Winds Planned Community Modified Final PUD Submittal Z-07028 Dear Ms. Windemaker: On behalf of Cascade Development, Inc., HKM Engineering is pleased to submit the attached Final PUD Application. The application has been revised per your previous reviews and should be complete and ready for approval by the Planning Director. • If you have any questions, please do not hesitate to call our office. Sincerely, HKM ngineering Inc. 7 Clint I itle, P.E. Senior Project Engineer Cc: John Dunlap Enclosure(s) BILLINGS,MONTICNAS0661]T7 TJIO�NTANA �gEAT FQLLSiM�N7A�7d F�7�EL� bMONTA�A-1-�lUIL�S CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.821.3 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285 { INTRODUCTION PART I—WEST WINDS PLANNED COMMUNITY PLANNED UNIT DEVELOPMENT • TABLE OF CONTENTS Page CHAPTER 1—INTRODUCTION........................................................................................1-2 a. Executive Summary.............................................................................................................1-2 b. Unified Development Ordinance (UDO).............................................................................1-5 c. Entitlements Requested .......................................................................................................1-6 d. Ownership Statement for Future Development of Site........................................................1-6 CHAPTER 2—BACKGROUND AND OVERVIEW.........................................................2-1 a. Legal Description..................................................................:..............................................2-1 b. Project Description...............................................................................................................2-1 Location...............::....::......:.:......:.................................................................................24 Primary Plan Elements........................................... SeniorLiving..........................................................................................................2-1 Residential/Multi-Family..................................................:...................................2-4 c. Infrastructure................................:.............................:.........................................................2-6 Roads.............................................................................................................................2-6 Waterand Sewer...........................................................................................................2-8 StormDrainage ...................................:........................................................................2-9 OtherServices ..............................................................................................................2-9 • Irrigation.............................................................................................. .... .... .2-9 d. Adjacent Zoning/Land Use. ................2-10 Zoning ..........................................................................................................................2-10 LandUse.......................................................................................................................2-10 e. Land Use and Density........................................................................................................2-13 f. Development Phasing.........................................................................................................2-13 CHAPTER 3—UDO DOCUMENT REQUIREMENTS...................................................3-1 a. Application Forms...............................................................................................................3-1 b. Ownership...........:...............................................................................................................3-1 c. Statement of Planning Objectives.......................................................................................3-1 d. UDO Compliance.................................................................................................................3-2 AllDevelopment .........................................................................................................3-2 iResidential....................................................................................................................3-13 . e. Affordable Housing Compliance:.......................................................................................3-15 f. Growth Policy Compliance 3-15 : ................................................................................................. g. Statement of Proposed Ownership of Open Space.............................................................3-17 h. Statement of Future Ownership of PUD..............................................................................3-18 i. Description of Rational Behind Assumptions and Choices.................................................3-19 j. Requested Relaxationsform UDO k. Land Use Conflict Mitigation.............................................................................................3-20 1. Statement of Design to Reduce Energy Consumption......................................... • m. Development Schedule.......................................................................................................3-20 n. Site Plan..............................................................................................................................3-20 CHAPTER4 - ......................................................................................................_...................4-1 Page i E N G IN E E E I N� 9 0 PART I—WEST WINDS PLANNED COMMUNITY PLANNED UNIT DEVELOPMENT IS TABLE OF CONTENTS CONT'D Page CHAPTER 5—MASTER ENVIRONMENTAL DOCUMENT.........................................5-1 a. Landforms, Slope, and Topography.....................................................................................5-1 Development Guidelines and Standards........................................................................5=3 b. Geology................................................................................................................................5-3 Development Guidelines and Standards.......................................................................5-3 c. Hydrology............................................................................................................................5-4 Watercourses/Irrigation Ditches ..................................................................................5-4 Development Guidelines and Standards.......................................................................5-6 Storm and Melt Water Drainage ..................................................................................5-6 Development Guidelines and Standards.......................................................................5-7 Flood Hazard Evaluation..............................................................................................5-7 Development Guidelines and Standards.......................................................................5-7 Wetlands .......................................................................................................................5-7 Development Guidelines and Standards.......................................................................5-8 Groundwater.................................................................................................................5-8 Development Guidelines and Standards.......................................................................5-9 d. Soils......................................................................................................................................5-9 e. Vegetation(Agriculture).....................................................................................................5-11 Development Guidelines and Standards......................................................................5-11 f. Noxious Weed Management and Re-vegetation Plan.........................................................5-11 • g. Wildlife and Wildlife Habitat............:................................................................................5-14 h. Historical ............................................................................................................................5,16 i. View Shed............................................................................................................................5-16 CHAPTER 6—COMMUNITY FACILITIES,UTILITIES AND PARKS.......................6-1 a. Water Supply........................................................................................................................6-2 Background...................................................................................................................6-2 ProjectArea Water Supply...........................................................................................6-3 Phasing..........................................................................................................................6-3 Mitigation.......................................................................................................................6-6 b. Wastewater Collection and Treatment..................................................................................6-6 Project Area Wastewater Collection and Treatment.....................................................6-6 Phasing..........................................................................................................................6-6 Mitigation......................................................................................................................6-7 c. Storm Drainage....................................................................................................................6-7 Background...................................................................................................................6-7 Collection, Storage, and Release ..................................................................................6-7 Phasing..........................................................................................................................6-8 Impacts and Mitigation Measures.................................................................................6-8 d. Roads....................................................................................................................................6-8 Background...................................................................................................................6-8 • Road Improvements ....................................................................................6-11 Phasing. .....................................................................................................6-14 e. Parks....................................................................................................................................6-14 Background..................................................................................................................6-14 Page ii ENGINEERING PART I—WEST WINDS PLANNED COMMUNITY PLANNED UNIT DEVELOPMENT TABLE OF CONTENTS CONT'D Page On-Site Park Facilities.................................................................................................6-14 ParkStatistics...............................................................................................................6-19 f. Public Safety..............................:........................................................-...............................6-21 Background..................................................................................................................6-21 Planning Area Public Safety........................................................................................6-22 g. Historic or Archeological Resources..................................................................................6-22 h. Schools................................................................................................................................6-22 Background.....................................................:............................................................6-22 Phasing.........................................................................................................................6-23 i. Telephone Service................................................................................................................6-23 Background..................................................................................................................6-23 Preliminary Planning Area Telephone Service Information........................................6-23 Projected Impacts and Mitigation Measures, Including Phasing.................................6-23 j. Electrical Service.................................................................................................................6 24 Background..................................................................................................................6-24 Preliminary Planning Area Electrical Service Information ........................................6-24 Phasing.........................................................................................................................6-24 Projected Impacts and Mitigation Measures, Including Phasing.................................6-24 • FIGURES FIGURES,TABLES,AND APPENDICES Figure1.1 —Vicinity Map........................................................................................................ 1-1 Figure1.2—Master Plan.......................................................................................................... 1-4 Figure 1.2a—Open Space Plan Alternative...........................................................1-5 Figure2:1 PUD Plan Diagram...............................................................................................2-2 Figure 2.1 a—PUD Plan Diagram Alternative.........................................................................2-3 Figure 2.2—Adjoining Land Use Map....................................................................................2-11 Figure2.3 —Land Use Map.....................................................................................................2-12 Figure 2.4—Project Phasing Diagram.....................................................................................2-15 Figure 3.1 —Parcelization Map...............................................................:................................3-11 Figure 3.1 a—Parcelization Map, Option B.............................................................................3-12 Figure 5.1 —USGS Site Topography Map...............................................................................5.2 Figure5.2 -- Water Features....................................................................................................5-5 Figure5.3 —NRCS Soils Map.................................................................................................5-10 Figure5.4—Vegetation Map...................................................................................................5-13 Figure 5.5 —Wildlife Use Areas .............................................................................................5-15 Figure6.1 —Water System Plan ...............................................................................................6-4 Figure 6.2—Sanitary Sewer Plan.............................................................................................6-5 Figure6.3 — Storm Water Plan ................................................................................................6-9 Figure 6.3a—Storm Water Plan Section A:A...........................................................................6-10 • Figure 6.4=Road Plan............... 6-13 ............................................................... Figure 6.5 Regional Park Plan............................... 6-16 Figure6.6—Park/Trail Plan...................................................................................................6-17 Figure 6.7—Regional Trail Plan................................................................................ Page iii E N G I N E E R I NG • PART I—WEST WINDS PLANNED COMMUNITY PLANNED UNIT DEVELOPMENT FIGURES,TABLES,AND APPENDICES CONT'D TABLES Table 2.1 —Off-Site Connecting Roadways Page 2-4............................................................. ...2-7 Table 2.2—Existing Water and Sewer Mains........................................................ ...2-8 Table 2.3 — Service Providers ................................................................................................. ...2-9 Table2.4—Project Density........................................................................................ .2-13 Table3.1 —Park Area Required............................................................................................... ...3-6 Table 3.1 a—Park Area Required By Phase..............................................................3-7 Table3.2—Park Area Provided............................................................................................... ...3-8 Table 3.2a—Park Area Provided By Phase..............................................................3=8 Table 3.3 —Performance Points .............................................................................................. ...3-9 Table 3.4—Public Open Space Proved.......................................................................................3-10 Table 3.5a—Phase Land Use Summary ....3-g Table 5.1 - West Winds Community noxious weed summary................................................ ..5-14 Table.6.1 —.Build-Out Summary.............................................................................................. ...6-2 Table 6.2—Existing Water and Sewer Mains........................................................................... ...6-3 Table 6.3 —Off-Site Connecting Roadways............................................................................ .6-11 Table6.4—Park Area Provided............................................................................................... .6-19 • Table 6.4a—Park Area Provided By Phase...................................................••••••...619 6- Table 6.5 —Park Area Required................................................................................................. 20 Table 6.5a—Park Area Required By Phase.......................................................:....6-21 Table 6.6—District Estimated Additional Students................................................................. ..6-22 Table 6.7—District Estimated Available Spaces.......................................................................6-23 Table 6.8 -Anticipated Students (Adjusted)............................................................................ ..6-23 APPENDIXES—Please note that all references to appendices A-N are found in Final PUD Application Part III—Appendices, dated February 10, 2005. Appendix 1.1 Master PUD Site Plan Appendix 1.2 Southwestern Residence Alternative Appendix 1.3 Owner's Certification of Acceptance of Conditions Final PUD Application SID Waiver Appendix 1.4 Water Course Setback Planting Plan Appendix 1.5 Sign Plan • Page iv E N 0 IN E E E I NG ,a } \`o -CRIilO'N.T \ 4 Q 1 JI � li W / Q I III Q. W -A S T WINDS 2 a _ C MM ]A//T I I III H Z r �_ lrA x auw_tr m BAXTER LN, ® ®® -� A TED f W OAK ST U O �mtw.J °At � i�g rp°�_1ty � e ' Lxr N, s LILY U0. '�/ A'ST �_ __ I L AMAXA' p 6 vu m.- �. r - - iT� I '- Z �D'UHS TO RD N � 1 �� � - n 88 ❑ d� 1 l� ' �a Q Z Z Z 4' MOM u I 1 �`ci' J01: t rill BOOo Z oa �� toy E_ ❑ E"`•��`. HHoaawA_rl ?i �1��L•1 I 4 MAIN S T;Wx�n LL3 L ❑ � trT W BA BCOCK ST q�—x I �t j _ _ , w'BFDccocir.'ST ®B W�.BAB�CH�STi l qy I F __ � < Ir J t<� Cea C ®��❑ 10,10E]0 O❑ (II� ❑ t - ❑� ❑ [ ❑Aq ❑❑❑ LAY,FmO-DH� C ❑®❑ ❑W 0 L1"L�1 LEGEND WEST WINDS COMMUNI T Y Roads NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. lmas GALLATIN COUNTY, MONTANA M EngineerTecherlog Inc. Parks VICHVI T Y MAP opper Technology Bldg 920 Technology Blvd,Suite A _Trails Bozeman,MT 59718 FAX(406)55886-1730 0�Bike Pact loco l FIGURE 1.1 oco 0 t Schools 6 scale /eat DATE NOV.20,2007 PROJECT N0.045087.125 Copyright 0 2008 HKN Engineering Inc.All Rights Reserved. West Winds—Final Plannedinit Development January 2008 Chapter 1 -- Introduction a. Executive Summary This Final Planned Unit Development(PUD) application is a modification of the original approved West Winds PUD. The PUD has been modified per West Winds PUD Modification Preliminary Plan (Z-07141). Even though Cascade Development Inc. has submitted a modified Final PUD Submittal, Cascade Development Inc. reserves all of its constitutional, statutory, regulatory and other legal rights to appeal any final determination by the City of Bozeman. The West Winds Planned Community is located within the Northwest '/4 of Section 2, Township 2 South, Range 5 East, PMM, Bozeman, Montana(See Figure 1.1 —Vicinity Map). West Winds is a planned mixed use residential community providing housing opportunities for a diverse group of residents, including: • Seniors housing, ranging from skilled nursing care to independent living; • Single-family lots ranging from 9,000 to 5,000 SF affordable housing lots to smaller townhouse lots offering the opportunity for first-time home buyers; and • Multi-residential units allowing individuals to live close to work and utilize the adjacent and surrounding recreational amenities. The pre-application submittal of West Winds included Neighborhood Business District(B-1) land use. Based on Planning Staff and City Commission comments, the proposed B-1 area has been changed to residential land use. However, dependent on adjoining development trends and market pressures, the applicant reserves the right to request a modification to the PUD approval to permit B-1 land use at the northeast and northwest corners of the property. It is understood that any such modification to the PUD would be processed per current UDO requirements. The centerpiece of the West Winds Community is an expansive north/south park(West Winds Park)providing active and passive recreational opportunities. The park will be a gathering place for all residents to enjoy such things as a neighborhood barbecues, share in a garne of volleyball or provide youth soccer practice fields. To allow for future mass-transit systems within Bozeman, West Winds has incorporated transit stop into the Assisted Living Facility. This transit stop will allow residents from other areas of Bozeman the ability and ease to come and enjoy West Winds Park, visit residents of the Assisted Living Facility. Within the West Winds development itself,the transit stop will provide the residents easy access to a future citywide transit system: The road, lot, open space and park configuration of the community has emphasized preservation of Cattail Creek that bisects the property south to north. Cattail Creek watercourse includes wetland species creating a jurisdictional wetland corridor through the property. This wetland corridor has intrinsic aesthetic and passive recreational value. West Winds Park will serve to buffer the wetlands area from adjoining residential lots and streets. An extensive • recreational trail system will parallel the wetland system allowing residents to view the flora and fauna associated with the wetlands. The trail system will connect the West Winds Park and the Page 1-2 ENOINEERIN West Winds—Final Planned ekit Development January 2008 remainder of the West Winds Community to adjacent neighborhoods, commercial areas, and parks. Specifically, a trail will be constructed connecting from 27t'Avenue to Davis Lane away from streets and in addition to the sidewalk to provide future connection to Rose Park and the 100-acre Regional Park.' • • 'Condition No. 1 of PUD Approval,Condition No.2 of Modified PUD Approval Page 1-3 E N G I N E E R I N� A' IIIIIII ■■11■■ ,� ,�% 1111111111 � ■1■1■1■ IIIIIII ■ ;� � . ■■■■■ IIIIIII , mill� ,■. ■■■■■■ ■1■1COMMUNITY CENTER � _ III mill Millis oil .. WIN ■ �! j- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /,, 111111 SECTIONPROPOSED PROPERTY UNE WEST WINDS COMMUNITY PROPOSED TRAIL SYSTEM NW 114 NEERING PROPOSED PARKS _— � • _ _ _ I , 1 Technology Blvd,Suite A Bozeman, 1. FAX 1. 1 o - jj��jj/, /// %/ : IIIIIIIIII�I/ �111111 ■ill■■ WINES,,■1111 . ■■■■■ milli■■ .111111111 millso mill ■ ; •_ _■ ■_ _ million ■■1■� : '�� �� OngME •• A COMMUNITYWEST WINDS SECTIONPROPOSED PROPERTY LINE PROPOSED TRAIL SYSTDA NW 114 EASEMENT COUNTY, • NTANA ROPOSED PARKS hrm EngIneeflng Inc. STORM WATER DETENTION FACILITY SPACE PLAN ...iTechnology Technologyer E= PEDESTRIAN TRAIL CROSSING - - - — • Bozeman, 0. FAX i. I West Winds—Final Planned1nit Development December, 2007 p , • West Winds Park with Wetland Area Senior living is a major component of the project. The senior independent and assisted living • comprises approximately 1/4 of the net residential areG(see Figure 1.2—Open Space Plan). The intent of the senior facilities is to provide diverse living opportunities for the senior portion of the community ranging from independent living to a skilled nursing facility. The senior living facilities will be divided into two primary areas; assisted and independent living. The Assisted Living Facility will consist of a primary care facility that will accommodate 150 to 200 residents, plus individual :,ottages. The Assisted Living Facility will provide food service, skilled nursing services, medical and medication management, laundry and other miscellaneous services. The senior independent living areas are the three remaining larger block areas in the senior designated portion of the project. As an alternative to the senior living area discussed above, Figure 1.2.A provides the Southwest Residential Alt,arnative. This alternate or combination thereof with a smaller senior living area is intended to provide a grid system alternative to the senior living area in the event the area does not develop in a campus-like senior living area. b. Unified Development Ordinance (UDO) In November 20)3, the Bozeman City Commission adopted the Unified Development Ordinance (effective 1-1-04). "The intent of the UDO is to protect the public health, safety and public welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the City's adopted growth policy; • and to meet the requirements of the state law."This Planned Unit Development and subsequent subdivision applications will be prepared per the guidelines set forth in the UDO. Page 1-5 EE N�EE IE E IN� West Winds—Final PlanneOnit Development fo December, 2007 c. Entitlements Requested The following entitlements are specifically requested under this PUD application: • Approval of the overall Master Plan as the basis for future subdivision applications; • Approval of land use types and densities; • Approval of generalized circulation system including internal and perimeter roadways and the internal pedestrian trail system; • Approval of the generalized water, wastewater and storm water systems; and • Approvals of the generalized open space and park system, specifically to the total quantity of open space and parks, and phasing of the parks. d. Ownership Statement for Future Development of Site The West Winds Community is proposed to be a phased project being built-out over a 5 to 12 year period dependent on market conditions. The means of phasing will be by multiple subdivisions. With each subsequent subdivision the remainder parcel will stay in Cascade Development, Inc. (or their assigns) ownership. The individual subdivision lots and parcels will be sold to individuals and/or builders for development. West Winds Park will be built by the developer with the phased constructed of the PUD. The Home Owners Association shall be responsible for the maintenance of the park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding is established2. • Z PUD Approval Condition No.4. Page 1-6 • E N G I N E E R I N� 1 NINE mill■■ /m/mv&/�g/pMENEM = _ �� 111111 ;; 11111� _ - ;�/ ■ p oil mill million ■■Ili COMMUNITY CENTER ■I, Eli ■ °��/ate�: ,_ ��- ; %■ � ;, �■ ■ ■ W COMED �1 j it � ,�1111111111 • WINDSWEST PROPOSED TRAIL SYSTEM NW 114 I SECTION COUNTY,PROPOSED LOT LINE PROPOSED PARKS GALLATIN • �ioiiiioioonoe Engineering Inc. E)OSnNG WETLANDS ..' D. PLAN .. • SENIOR ASSISTED UMNG SW .zemon,MT 59718 MULTI—FAMILY 0 mARE DWELLING UNITS 0 200 BACKGROUND & OVERVIEW West Winds—Final Plannetnit Development January 2008 • Chapter 2 - Background & Overview a. Legal Description The legal description of the West Winds Planned Community is as follows: NW1/4 of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana(Deed Reference: Film 174, page 751). b. Project Description Location The West Winds Planned Community is located in Bozeman, Montana within the Northwest '/4 of Section 2, Township 2 South, Range 5 East, P.M.M., Bozeman, Montana. The Community is physically identified as the 161.3-acre (Gross Area)parcel bounded by Oak Street(south), Baxter Lane (north), 27 h Street projected (east) and Davis Lane projected (west) (see Figure 1.1 —Vicinity Map). Primary Plan Elements There are three primary elements or area types within the West Winds Community (see Figure 2.1 —PUD Plan): • Senior Living; • Residential; and • Multi-family Senior Living The Senior Living area can be further broken down into the following sub-areas: • Skilled Nursing Facility (SNF); • Assisted Living Cottages; • Independent Residential; and <�-- • Parks and Open Space The SNF will be the primary care ' � ,•s = ___ giving facility providing 24-hour _ 6 on-site supervision, skilled nursing services, medical and medication management, food service, laundry, housekeeping, and local <: :•"+ yx: • transportation. Using similar Example Skilled Nursing Facility—Portland Oregon Page 2-1 E N 0 1 N E E 9 1 NN % �' m■■■■11 ,; Mill milli mill /// M ■ ,■ M M M M 1111111■ ■Ills �,, • SIX mill SAN million mills AFFORLIAbl-t 1,17�V F r691 COMMUNITY CEN TER VIR p/g IN. SENIO UVING • '0/' COMBINED 7 i/ I -7 NOTE: 150-200 CONGREGATE CARE 9,01 DWELLING UNITS PLANNED .................... WEST WINDS COMMUNITY P OPOSED TRAIL SYSTEM NW 114 SECTION 2, T.2.S., R.S.E., P.M.M. P:OPOSED LOT LINE GALLATIN COUNTY, MONTANA PROPOSED PARKS N r N —N— ',m-,GM EE.n'gg ff�n e�ed n'9 1 71 C. DIISTING WETLANDS pper Technology Bldg SINGLE FAMILY HOUSING SENIOR ASSISTED LIVING P.U.D. PL A At 9'11,Teclaolo_i�/Bvd,Suite 4. TOWNHOmES Bozeman,MT 59718 muLn—FAMILY (4 0 COMMUNITY CENTER 6)586MU N ER OF ON—CONGREGATE 20( FAX(406)586-1730 CARE DWELLING UNITS I! scale feet PROJECT NO.04SO67.125 West Winds—Final PlanneAnit Development January 2008 p az'Y facilities as a guide, it is anticipated that the main structure will be comprised of one and two bedroom apartments, common kitchen and dining room areas, exercise and physical therapy facilities, workshops, gift shop,banking facility, administrative office and a limited number of Class "B" Beds for short term acute illness convalescence. The SNF will be located at the very southwest corner of the West Winds Community and will accommodate 150 to 200 residents. To facilitate the efficient and economic utilization of the skilled nursing and food service functions, the senior facilities have been grouped surrounding the SNF. Directly to the east of the SNF and within short walking distance are the Assisted Living Cottages. The cottages are intended for more independent seniors not requiring 24-hour on-site supervision but who wish to utilize elements of the SNF, such as the food service, nursing, and laundry services. The independent senior residential areas are contained within the three blocks surrounding the SNF and cottages. These residential units are intended for independent seniors who have minimal reliance (if any) on the services provided by the SNF. The independent senior residential areas will consist of multi-family condominiums,townhouses and apartments accessed by private roads with off-street parking. In planning a senior community, it is important to consider the health of both persons in a senior couple. At any given time one spouse may require a variety of skilled nursing services ranging from weekly home visits for medication management to short-term convalescence for an acute illness. While the other spouse may be totally independent and pursuing an active life style As an alternative to the senior living area discussed above, Southwest Residential Alternative or combination thereof with a smaller senior living area is intended to provide a grid system alternative to the senior living area in the event the area does not develop in a campus-like senior living area. Residential/Multi-Family The residential/multi-family areas can be further broken down into the following sub-areas: • Single Family; • Town Houses; • Multi-Family; • Apartments; • Community Centers; and • Parks and Open Space The residential area will be similar in nature to the adjoining residential land use. Single-family lots will range from 5,000 to 9000 SF lots with access provided by 33' to 40' wide public streets with sidewalk and boulevard strip. The multi-family and apartments will be comprised of duplexes, four-plexes,townhouses and multi-unit apartment structures. A community center parcel has also been identified for use as a church parcel or other permitted use allowed within the R-3 zone. Lot configuration will be fee simple townhouse lots, condominiums, or large parcel for apartment rental units. Access to the multi-family and apartments will typically be by Page 2-4 � E N G I N E E R I N G West Winds—Final Plannetnit Development January 2008 P az'Y private roads with connections to the public street grid. Garage and off-street parking will be provided. • Page 2-5 E N G IN E E R I N� West Winds—Final PlannePnit Development • January 2008 p az'Y c. Infrastructure The West Winds Community is located within the City Limits of Bozeman, Montana. The project proposes to utilize City of Bozeman and other public utility infrastructures to provide required services to the community. Below is a brief summary of service suppliers and availability(see appendix A for _ utility provider letters); detailed evaluation of - 1 infrastructure is provided in subsequent chapters of this x application. ro r,: r Roads Connection to the existing City transportation network will be by existing and proposed arterials, collectors, and local streets. Table 2.1 summarizes off-site roads that will connect West Winds to the transportation network. . Oak Street-South Boundary of West Winds Page 2-6 ENOINEERI � West Winds—Final PlannecOnit Development to January 2008 Table 2.1 —Off-Site Connecting Roadways 1 Street Standard Status/Improvements2 Oak Street Principal Existing: Fully constructed to east of West Winds, constructed Arterial to '/z road standard along south boundary of West winds. Improvements: West Winds to construct remaining north '/2 of road section along south boundary of community to a principal arterial standard as shown in the "Greater Bozeman Area Transportation Plan 2001 Update", matching the adjoining road improvements installed by Harvest Creek.3 Tschache Local Existing: Fully constructed adjacent to Home Depot. Lane Street Improvements: West Winds will construct Tschache Lane to a 37' width local street standard within the project. Tschache Lane has been planned to align with a local street in Baxter Meadows Subdivision to provide connectively to the local street grid system, subject to Engineering and Planning Department review and approval. Vaquero Local Existing: Vaquero Street has been permitted but not Street Street constructed in conjunction with Baxter Meadows Subdivision. Improvements: West Winds will construct Winter Park Street to a 33' width local street standard within the project. The street pattern in the West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval.4 Baxter Lane Minor Existing: Constructed to rural standard. Arterial Improvements: West Winds to up-grade south '/z of roadway adjacent to project to a minor arterial standard matching the road section built by Baxter Meadows.5 Fowler Minor Existin : Constructed to rural gravel standard north of West Avenue (aka Arterial Winds. Davis Lane) Improvements: West Winds to construct east '/2 adjacent to project to a minor arterial standard.6 North 27th Collector Existin : Constructed to south of West Winds. Avenue Street Improvements: West Winds to construct west '/z adjacent to project to a collector street standard. Buckrake Local Existin : Constructed to south of West Winds. Avenue Street Improvements: West Winds will construct to local street standard within project. ' See Appendix I for Road Sections 2 Road improvements will be phased based on subdivision phasing. 3 PUD Approval Condition No. 19 4 PUD Approval Condition No.20,Condition No.4 of Modified PUD 5 PUD Approval Condition No. 19 6 PUD Approval Condition No. 19 7 PUD Approval Condition No. 19 Page 2-7 E N G I N E E R I N l West Winds—Final Plannelkt Development • January 2008 p �3' Hunters Local Existing: Constructed to south of West Winds. Way Street Improvements: West Winds will construct to 40' local street standard with"Bike Route" signage8 within project. The West Winds Community is bounded to all sides by arterials and collector standard streets. Section 18.44.090 of the UDO limits residential access to arterials and collectors. Therefore, access to the individual lots and homes within the community will be by internal public local standard and private standard streets. Parking will not be allowed on Oak, Baxter, 27t`or Fowler.9 Appendix I contain the proposed road section for the internal and perimeter roads associated with West Winds. In conjunction with off-site road improvements West Winds will provide and file with the County Clerk and Recorder's an executed Waiver of Right to Protest Creation of Special Improvement Districts SID's) for the following:'0 a. Signalization of the intersection of West Oak and North 27t'Avenue. b. Signalization of the intersection of West Oak and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27t'Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The filed waivers shall specify that in the event an SID is not utilized for the completion of these improvements, West Winds agree to participate in an alternate financing method for the completion of the improvements on a fair share,proportionate basis based on area,taxable value, traffic contribution or a combination thereof." Water and Sewer Water and sanitary sewer service is proposed to be supplied by the City municipal systems. Water and sewer mains are currently adjacent to, or bi-sect the project. Table 2.2 below summarizes existing mains. Table 2.2—Existing Water and Sewer Mains Street Water . Sewer ° °� � xti r w r ° + ° aJ ° t Comment4 x fi ;Main " °., ¢ .°. �.... :: Oak Street 10"/12" 20" Sewer main SID 621 Baxter Lane 24" SID 621 North 27 Avenue 10" Water main within projected alignment of N. 27t' along east boundary of project. Davis Lane 12" Water main within projected alignment of Davis Lane along west boundary of project. Buckrake Street 20" SID 621 (Projected) . BPUD Approval Condition No.3 9 PUD Approval Condition No.21 10 PUD Approval Condition No. 16 4 Page 2-8 E N G I N E E R I N G Y West Winds—Final Plannecnit Development is January 2008 P �'Y • For internal distribution and collection water and sewer mains will be constructed within the proposed public road R/W or utility easements. The project also has reserve sewer capacity Pursuant the XL Limited Partnership Annexation Agreement dated 12/1/1997. Within the annexation agreement the property has reserve truck main sewer(SID 621) capacity of 307,200 gallons per average daily flow. Storm Drainage Storm water collection and management will be conducted in accordance with City standards. Storm water will be collected by curb & gutter and routed to detention ponds by catch basin and storm pipe. Storm water will be released from the project at or below 10-year pre-development rates. Other Services Table 2.3 below summarizes other infrastructure/life safety service vendors that will be utilized by the community(see appendix A) Table 2.3—Service Providers Service Company Power Northwest Energy Natural Gas Northwest Energy Cable Television Bresnan Police City of Bozeman Fire City of Bozeman Ambulance AMR Hospital Bozeman Deaconess Public School Bozeman School District No. 7 Mail Service U.S.P.S. Irrigation The West Winds Community currently has two irrigation ditches that flow through or adjacent to the property (see Figure 5.2 - Water Features Map). 1. The east ditch, also a Farmers Canal lateral, was dug approximately 50 years ago to replace the center ditch. This irrigation ditch flows south to north through the east 1/4 of the property. Based on correspondence with Bob Davis, President of the Farmers Canal Ditch Company, 310 and 404 permitting this ditch will be abandoned(filled). On-Site Irrigation Ditches West Winds—Final PlannePnit Development January 2008 2. The Section Line ditch lies along the west boundary of the project. The Section Line Ditch shall not be piped unless the ditch owners require it to be piped.11 The "riparian" corridor shall be maintained within the median planned for Fowler Avenue.12 d. Adjacent Zoning/Land Use Zoning The West Winds Community is currently zoned R-3, adjoined zoning is primarily residential with the exception of B-2 zoning to the northwest of the project(see Figure 2.3 —Land Use Map). Land Use West Winds is surrounded by a variety of land use that can be generalized as residential mixed use (See Figure 2.2—Adjoining Land Use Map). To the south of the community the land use is multi-family(Castlebar Apartments) and single-family (Harvest Creek Subdivision). To the west is the 100-acre Regional Park and Baxter Meadows. To the north are larger rural tract(1 acre and larger)properties with the exception of Baxter Square Subdivision that recently received preliminary plat approval. Baxter Square Subdivision is a 104-lot townhouse project with 3000 SF lots. Lastly, to the east lay two larger vacant parcels (10 and 20 acres); Rose Park, the High Gate Project(45-50 unit senior project) and Home Depot fronting onto North 19th Avenue. The mixed use and density proposed by the West Winds Community is consistent with the existing adjacent land use. '1 Condition No. 5 of Modified PUD 'Z PUD approval condition No.22 Page 2-10 E NGIN EE R IN� 4�6i, VN r Meadows. (V w w: + Baxte 3 ;, -Subdivision fox Post Baxter,Square> Offi I .rrrir Su6cllvision e, :> ! 1 ) 3 Mar. an C. .4. 100-Acre: I i-•'` i a :•Regional Park Horne sR � (r Annie< < Depot SubdivisionEX OMM ITY ow . ROse Park a-- €• Mt ) I f Y High Gate- iT t } • "�' �� � '• _ �{Senior) � r _ �,, • +` •.!' castle Bar :1 I ar 11 Apts yL rt Harvest Creek w• x'#,:= ..,_ ; rnl 'ZSukdlu�si�ri w, 3 i Subdivision ke Dc n 4 aci-':A Pry g • ,,, ,,i ;,� .p Meadows, 1, 10( Annie o�.. �: - 1 .Subdivision I iul a ! fiN b= �, ,f f •. �Ga dens � . I.s. " yrY. :�' ,�,', �f ii'`.tir w'b�w,i. !� 7jo ` 1,AptS•` ��$''' J r ` urstan,-Road i Y. I- R :Valley Ut�Y •�, ti ark `" oaf~s.�d. �i°•!r—r ,, .Jt+ 7 'wm;F, .. l9bdIV18[ 'r e �+s '., 'ert,�4 i!+}:' ``LLtt� •�• '1 ,ti._ ie► +q" r�,a• 1 r [ `. .r"a a.` ��� � �. i .'lid.? - � � 1 WINDS I COUNTY, • I -,�lopper Technology Bldg 920 Technology Blvd,Suite A USE PLAN Bozem. n,MT 59718 1. FAX 1. 1 f' } I i III — 1(i i ll .%t> I S s t........... q i 1 ® I oa j ♦ ®® ®® WEST 1J i f i r j r i t ,I �� �: 1 1 I ! � •_1 S J , g LEGEND WES T WINDS COMMUNI T Y J K""'Piss`"nOOSDi1pn"'°n NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. &oMnPN Q R,tlMrW1 L MONTANA ENGINEERING GALLA TIN COUNTY, ceicR.,. seevew Reatlenllel —N— KM Engineering Inc. Nopper Technology Bldg oR. a� LAND USE MAP 920 Technology Blvd,Suite A ome vw�.m e Bozeman,MT 59718 Rmb Open Buren W Rwsstl W WdI �fe-«�wwu (406)5868834 �„ ,,. loon o lowFIGURE 2.3 FAX(406)5861730o ®Rum WmW Y!eBanYm 6 scale feet DATE JAN.23,2008 PROJECT N0,04S067.125 Copylght 0 2008 NKN Engineering Inc.,All Rights Rperved. West Winds—Final PlanneTUnit Development January 2008 I e. Land Use and Density Proposed land use is shown on Figure 2.1 —PUD Plan. Table 2.4—Project Density-below provides anticipated residential unit density ranges within specific land use categories. Within the multi-family areas,precise unit counts are unknown until specific projects are designed and submitted for the areas. Table 2.4—Project Density 13 Land Use Net Land Area Net Density Total Estimated (Ac.) (see note D.U. /Ac. Dwelling Units #1) Senior Residential Multi-Family 20.74 11.57 240 Skilled Nursing Facility(Congregate Care) 6.49 23.12 150 - 200 Subtotal 27.23 8.81 240 Residential Single-Family 32.65 6.43 210 Town-House 10.77 11.51 124 Multi-Family Standard 4.97 13.68 68 Multi-Family Affordable see note#3) 4.62 14.92 69 Subtotal 53.02 8.88 471 Other Uses Community Center 5.15 NA NA Subtotal 5.15 NA NA Total (see note#2) 78.91 9.01 711 1. Net land area excludes roads and parks. 2. Total excludes skilled nuring facility 3. Lot 5, Block 8, Phase 2A(69 DU)has been provided for assurance of compliance with conditions 2 & 3 of the July 5, 2005 PUD approval and Section 18.36.090(E)(7) of the UDO. PUD Performance points shall be meet in conformance with 18.36.090(E)(7) of the f. Development Phasing The West Winds Community is proposed to be a"Phased Planned Unit Development,"permitted in compliance with Section 18.36.070(A)(2.) of the UDO. Said section is for"Application for . Approval if Initial Phase of the PUD—With subsequent Phases Master Planned and Subject to Development Guidelines". The project will be phased by Site Plan and subdivision applications 13 Table 2.4 revised per modified PUD Page 2-13 ENGINEERING West Winds—Final Plannefnit Development January 2008 with infrastructure improvements being constructed per phase. Figure 2.4—Project Phasing Diagram; presents the projected phasing of the project. With a project of this magnitude, it is not practical to precisely forecast the build-out of a project. As the project matures with the construction of subsequent phases, it may be necessary to amend the phasing boundaries to reflect market forces and trends. Therefore,the Project Phasing diagram is intended to be a dynamic document to be revised as the project builds out. • Page 2-14 � E N G I N E E R I N G � i �� ■1■1�1■ ■11111�• i %% 1 ■r��r� III■1�l MM ■r11� � •_ ■milli mill MM MM ■- ■■■1lI10 ■111AFFORDABLE - - - - - - - - - - - - ■ 1 C COMMUNITY CENTER ,001,12 CENTER OF S. 2 WEST WINDS COMMUNITY iPROPOSED TRAIL SYSTEM NW 114 SECTION PROJECTPROPOSED PARKS GALLATIN COUNTY, MONTANA DIAGRAM920 Technology Blvd,Suite A UDO DOCUMENT REQUIREMENTS - i r �r 0 0 West Winds—Final Planned Unit Development January 2008 • Chapter 3 —UDO Document Requirements a. Application Forms Pursuant to Section 18.78.120(B.)(1.)(a.), Attached in Appendix 1.3 is the application form for the Planned Unit Development. b. Ownership As required by Section 18.78.120(B.)(1.)(b.) below is owner and applicant information. The property is owned by, and the PUD applicant is: Cascade Development, Inc. 1627 West Main Street, Suite 223 Bozeman, Montana 59715 585-9230 John M. Dunlap—President Bob Biggerstaff—Vice President c. Statement of Planning Objectives The planning objectives of West Winds Community,is to create a livable community. In order to create a livable community, it must contain identity, innovation, affordability,variety, excitement, and convenience. Every residential neighborhood is related to and a part of a larger community, in This case Bozeman. While West Winds is part of a larger whole,the development should have its own identity or distinction to set it apart from all others. Innovation is obtained by creatively designing a residential community around unique natural features (i.e. linear park with wetlands) qrpm and incorporating inventive features into the neighborhood design (i.e. transit stops, senior living neighborhood, etc.) ; West Winds has incorporated a variety of housing types and sizes to build �� "affordability" into the neighborhood. Affordability is the ability to purchase a home and the things that go along with it at a reasonable cost. With smaller single-family lots and townhouse lots, • West Winds will be able to reach a West Winds Park—Passive and Active Recreation Page 3-1 ENGINEERING West Winds—Final Planned Unit Development January 2008 variety of people within Bozeman's housing market. Variety within a residential community is essential for the health of its residents. Variety within the West Winds is achieved by several means: • Varying sizes of lots and square footage of residential units; • An extensive park complex with passive and active facilities along with the unique community center and its recreational opportunities; • Varying housing types from a full-range of senior housing options to multi-family and single-family developments. Convenience and excitement are obtained at West Winds by offering a t ransit stop to an extensive recreational trail system offer interesting recreational opportunities for the residents and guests alike. d. UDO Compliance The West Winds Community has been designed in accordance with the Unified Development Ordinance. The following is an item-by-item response to Section 18.36.090(E) of the UDO. The UDO requirement is set forth in standard font; West Wind development responses are italicized. All Development • 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? o Water Supply: Water mains are present on three sides of the property, all water system improvements will be designed and constructed in conformance with City standards. During DRC review of the Concept Plan there was no immediate concerns from the Engineering or Public Works Department regarding water supply (see appendix J— Water System Report). o Trails/Walks/Bike Ways: The West Winds Community is in compliance with City Trail and Bike Path Master Plans supplying connections to the north-south and east-west trail corridors. A trail system is proposed within West Winds Park that bisects the project north to south connecting the Harvest Creek trail to Baxter Lane. In addition, a trail shall be constructed connecting from 27`h Avenue to Davis lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The Bicycle Advisory Board had no objections to the project. An internal bike route with signage is proposed for Hunters Way2, Bike lanes will also be provided on Davis and Baxter Lanes, North 27`h Avenue and Oak Street around the perimeter of the project (see appendix M—Park Plan). PUD Approval Condition No. 1,Modified PUD Approval condition No.2 2 PUD Approval Condition No.3 Page 3-2 E N G I N E E R I N� West Winds—Final Planned Unit Development January 2008 o Sanitary Supply: A 20" diameter sewer main bisects the property. Under the XL Limited Partnership Annexation, the property has reserved truck sewer capacity of 307,200 gallons average daily flow. All sewer main improvements will be designed and constructed in conformance with City standards. During DRC review of the Concept Plan there was no immediate concern from the Engineering or Public Works Department regarding sanitary sewer supply (see Appendix K—Sanitary Sewer System Report). o Irrigation Companies: Two irrigation ditches cross or are adjacent to the project. The Farmers Canal Ditch Company has been contacted and has agreed to the ,modification of these ditches. The Section Line Ditch shall not be piped unless the ditch owners require it be piped. The "riparian" corridor shall be maintained within the median planned for Fowler/Davis Lane.3 o Fire Protection: During the DRC review for the concept plan and pre-application, there were no immediate concerns from the fire department or emergency services. Improvements will adhere to City Fire Code requirements. o Electricity: A copy of the Master Plan with summary narrative has been Pent to Northwestern Energy for service comment. Northwestern Energy will pro•)ide electrical service. o Flood Hazard Areas: The project is not in a flood hazard area. A flood study has been prepared by the project for Cattail Creek. Lots will not be platted within the 100 year flood plain.4 o Natural Gas: A copy of the Master Plan has been sent to Northwestern Energy for service comment. Northwestern Energy will provide natural gas service. o Telephone: A copy of the Master Plan has been sent to Qwest for service comment. Qwest will provide natural telephone service. o Storm Drainage: A storm drainage report and management plan has been prepared per Engineering Department Concept Plan comments. Storm drainage improvements will be designed and constructed to City of Bozeman Standards (see Appendix E—Stormwater Investigation Report). o Cable Television: A copy of the Master Plan and summary narrative has been sent to Bresnan communications for service comment. Bresnan Communications will provide cable television service. o Streets: The West Winds development has proposed a variety of north/south streets to offer connectivity to existing subdivisions and has proposed east/west streets that align themselves with the future extension of Tschache Lane and the streets within the Baxter Meadows development(south of Baxter Lane) and the 100-acre Regional.Park. Street improvements will be designed and constructed to City of Bozeman standards (see Appendix I—Road Sections). Please note the requested relaxations for access standards. 2. Does the project preserve or replace existing natural vegetation? There is an existing natural vegetation corridor along Cattail Creek will be preserved by the area being • 3 PUD Approval Condition No.22,Modified PUD Approval condition No. 5 4 PUD Approval Condition No. 17 Page 3-3 E NO IN E E R I NG West Winds—Final Planned Unit Development January 2008 p �'Y • incorporated into the park/open space/trail system of the West Winds Development (see Appendices; M—Park Plan and F- Wetland Report). No lots will be platted within the watercourse and wetland setback 5 No existing mature vegetation within the watercourse, wetlands,park and along the Section Line Ditch will be removed from the site unless approved by the city of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed.6 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?Since the concept plan,pre-application and preliminary PUD submittals, additional north/south and east/west streets have been added to further enhance connectivity to the adjacent and surrounding properties. A traditional grid system development is not the best option for this property due to its existing wetlands and sensitive areas. Therefore, a "distressed grid system" was utilized, preserving the natural vegetation and wetland areas, but creating many north/south and east/west street alignments. 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? West Winds is a very energy-conscious development. Proposed throughout the development are natural trails and city standard sidewalks creating an extensive trail system. In addition, bike lanes on the perimeter arterials and collector are proposed to offer a north/south and east/west connection. All these non-motorized transportation/recreation pathways contribute to the overall reduction of energy use by the project. As the Baxter Meadows commercial areas develop, these areas will be located in close proximity of walking and biking to/from West Winds. Additionally, West Winds proposes to incorporate transit stops within its development that may connect to some future city transit system. S. 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 West Winds development is unique in itself since it offers, in one large planned community, a variety of housing types and amenities. All residents will enjoy their private spaces as well as the common parklopen spaces like the trail system and community center. There will be well landscaped boulevards along the main roads: North 27th Avenue, Baxter Lane, Fowler Avenue, and Oak Street. Since the City does not allow multiple individual drive accesses on any of these streets, the home's rear facades will be oriented towards the street. To "create ownership of the boulevard", these rear facades will be architecturally designed to incorporate small porches,patios, and breaks in the roofline in an attempt to give an inviting appearance with characteristics similar to a front elevation. No rear yard fencing, except patio privacy fencing, will be allowed on these homes. s PUD Approval Condition No. 13 6 PUD Approval Condition No.23 Page 3-4 "GI E E R I N� West Winds—Final Planned Unit Development January 2008 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 Chapter 18.50.020, BMC? The required amount of park space will be supplied by dedicated parkland or cash-in-lieu ofparkland. Cash-in-lieu ofparkland shall be evaluated on a subdivision phase by phase basis. Cash-in-lieu of parkland shall be administrated pursuant to Section 18.50.030 of the UDO. For the single-family, townhouse and multi- family/apartment areas, 0.03 acres/unit will be dedicated to public park (18.50.020(A.)(1.),8for designated affordable housing areas 11%of net area will be dedicated to parks . No park area will be dedicated for the Senior Assisted living units. Tables 3.1 and 3.2 below summarize park area required and provided. A minimum of 70%of the parkperimeter shall be adjacent to the public street to allow for accessibility to the park.9 • Modified PUD Condition No. 6 8 PUD Approval Condition No. 30 9 PUD Approval Condition No. 15 Page 3-5 E N G IN E E R ING West Winds—Final Planned Unit Development January 2008 • Table 3.1—Park Area Required Land Use Net Estimated Park Area Land Area Dwelling Required (Ac.) Units (Ac.) Senior Residential Multi-Family 240 7.20 Skilled Nursing Facility(Congregate Care) (see note #3) 150 - 200 0.00 Residential Single-Family 210 6.30 Town-House 124 3.72 Multi-Family Standard 68 2.04 Multi-Family Affordable (see note#2) 4.62 69 0.51 Other Uses Community Center NA NA Total 711 19.77 Table Notes: 1. Park area required based on 0.03 Ac./DU for Single Family, Townhouses and standard multi-family. 2. Park area required based on 11% of net area affordable housing. Should multi-family affordable parcel be developed with standard "non-affordable" units park area shall be calculated using .03 /Ac./D.U. 3. Skilled Nursing Facility(congregate care) does not require parkland allocation 4. Total dwelling unit count excludes Skilled Nursing Facility(congregate care) Page 3-6 E N G'IN E E R IN G West Winds-Final Planned Unit Development January 2008 • Table 3.1a Park Area Required By Phase . �r ; :. _. .. s mom, .,._ Phase I _,Phase II} F Phase IIIf ,. . ._ °Phase N s Units Park Area Units Park Area Units Park Area Units Park Area Single Family Lots 39 1.17 26 0.78 9 0.27 0 0.00 Townhouses 38 1.14 86 2.58 0 0.00 0 0.00 Standard Multi-Family 68 2.04 0 0.00 0 0.00 0 0.00 Affordable Multi-Family(I I0/G 0 0.00 69 0.51 0 0.00 0 0.00 Senior Multi-Family 0 0.00 0 0.00 124 3.72 36 1.08 Senior Assisted Living (congregate care) 0 0.00 0 0.00 01 0.00 150-200 0.00 Total 1451 4.351 181 3.87 1331 3.991 186 1.08 _. - �' Iti: f Phase;.VIIPhaseeV' " ; PhaseVI "^ , Phase VIII 0. Units Park Area Units Park Area Units Park Area Units Park Area Single Family Lots 17 0.51 56 1.68 45 1.35 18 0.54 Townhouses 0.00 0 0.00 0 0.00 0 0.00 Standard Multi-Family 0.00 0 0.00 0 0.00 0 0.00 Affordable Multi-Family(11%) 0.00 0 0.001 0 0.00 0 0.00 Senior Multi-Family 80 2.40 0 0.00 0 0.00 0 0.00 Senior Assisted Living (congregate care) I 1 0.00 0 0.00 0 0.00 0 0.00 Total 1 971 2.91 56 1.68 45-7 1.351 18 0.54 ' Totals -,> Units Park Area Single Family Lots 210 6.30 Townhouses 124 3.72 Standard Multi-Family 68 2.04 Affordable Multi-Family(11% 69 0.51 Senior Multi-Family 240 7.20 Senior Assisted Living 150-200 0.00 Total 1 711 19.77 Notes: 1.Park area required based on 0.03 Ac./DU for Single Family,Townhouses,standard multi-family and senior multi- 2.Park area required based on 11%of net area affordable housing.Should multi-family affordable parcel be developed with standard"non-affordable"units park area shall be calculated using.03/Ac./D.U. 3.Skilled Nursing Facility(congregate care)does not require parkland allocation 4.Total dwelling unit count excludes Skilled Nursing Facility(congregate care) Page 3-7 1 ,E NG I N E E R I N West Winds—Final Planned Unit Development January 2008 Table 3.2 Park Area Provided Gross West Winds Park Area 27.74 Less Watercourse Setbacks (Public Open space) 8.18 e Less Stormwater Retention Areas 0.90 Total Net Park Area Provided 18.66 Table 3.2.a—Park Area Provided By Phase Phase Phase Phase grhase`� Phase Phase Phase Phase F. � � ? I v Is II ` ' � �II � Y Total Dedicated Park Area 3.79 6.12 0.14 0.00 2.12 0.00 7.39 0.00 19.56 Stormwater Easement within park Area 0.00 0.41 0.00 0.00 0.00 0.00 0.49 0.00 0.90 Total Less Storm Easement 3.791 5.711 0.141 0.001 2.12 0.00 6.90 0.00 18,66 7. Performance: All PUDs shall earn.at least twenty performance points. Non-residential developments within the North 19th Avenue/Oak Street corridor shall earn thirty points. ® Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. In compliance with the UDO the West Winds PUD shall select the combination of methods to fulfill PUD performance points through affordable housing, open space, cash-in-lieu of open space or any combination thereof. If the points are filled by affordable housing the points shall be on a subdivision phase by phase basis. If the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the PUD performance points will not need to be provided until the filing of the final plat for the final phase of the PUD. The cash in lieu of PUD open space will be reconciled with the final subdivision phase. a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development which are provided by donation or long term contractual obligation(20 year minimum) with or donation to an affordable housing agency, or other similar means; OR—One point for each constructed dwelling or lot donated to the City for affordable housing provided for by a non-residential development with appropriate assurances of its qualifying affordable status; To provide assurance and meet PUD performance point requirements West • Winds has provided an affordable housing multi family parcel ("see figure 3.1, parcel E-MF-6). Parcel E-MF-6 has been delineated as an "affordable housing parcel" to be developed for affordable housing as defined by the,city Page 3-8 E N G I N E RI G �� West Winds—Final Planned Unit Development January 2008 of Bozeman.10 Table 3.3 below provides the specific performance point calculations. Table 3.3 --Performance Points Given Parcel E-MF-6 shown on Figure 3.1 is designated as an affordable houseing parcel as determined by the City of Bozeman. This meets and provides assurance of conformance to Section 18.36.090(E.)(7.)(a.) of the UDO for performance point requirements. Parcel E-MF-6 will have a total of 69 affordable housing units. PUD Point Calculation Points Req'd= 20 Points Calculate Number of Points Earned Number Afforable Housing Units Provided= 69.00 Units Total maximum units in West Winds(Excludes Affordable Housing, and Senior Assisted Living)= 690 Units Percentage of maximum total units= 10.0% Performance Points(2 points/%)= 20.00 Points b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one-quarter points for each percent of the project area that is provided as publicly accessible open space. The portion of the project to be considered in determining the size of area to be provided for open space shall be the gross project area less areas dedicated and transferred to the public, and/or used to meet the parklands requirements of(6) above. The area provided for open space shall be exclusive of yard setbacks on individually owned-lots and interior parking lot landscaping, and subject to the performance standards of Chapter 18.50, BMC. To fulfill PUD performance points under this provision the Wes! Winds will provide a combination of publicly accessible open space and cash-in-lieu of open space. To provide assurance of intent to fulfill performance points a deed restriction was placed on Lot S, Block 8 of Phase 2A. The restriction is in note form on the face of the plat stating "Restricted to Affordable Housing use only". The deed restriction note content and placement on the plat was as directed by the City Planning Office during Phase 2 final plat review. As required by the UDO the West Winds PUD provided watercourse setbacks for Cattail Creek and associated wetlands and a variety of other public open space parcels around the perimeter of the project. These areas have been required to be platted as public common open space by the City Planning Office. Tables 3.4 and 3.5 below provide detail of fulfilling PUD performance points through public open space and cash-in-lieu of open space. If the PUD points are fulfilled by providing open space or cash-in-lieu of open • 10 PUD Approval Condition No. 35 Page 3-9 E N G I N E E R I N r West Winds-Final Planned Unit Development January 2008 • space, the PUD performance points will not need to be provided until the filing of the final plat for the final phase of the PUD. The cash in lieu of PUD open space will be reconciled with the final subdivision phase. Cash-in-lieu of open space shall be administrated pursuant to Section 18.50.030 of the UDO. Table 3.4-Public Op en Space/Performance Point/ Phase ' l'has°e�I �", h"ase Phase lII` I'liase N PhasM MWOM Ph e VII 1?hase}VIQ Totals Gross Area(Ac.) 31.34 33.71 12.37 v 14.48 18.11 19.92 24.89 6.71 161.52 Street R/W Area(Ac.) 10.24 8.63 3.41 4.04 3.77 5.73 6.77 2.09 44.69 Dedicated Park Area(Ac.) 3.79 5.71 0.14 0.00 2.12 0.00 6.90 0.00 18.66 Net Area 17.31 19.37 8.82 10.44 12.21 14.20 11.22 4.62 98.18 Percent of Net PUD 17.63% 19.73% 8.98% 10.64% 12.44% 14.46% 11.43% 4.70% 100.00% PUD Points Required 3.53 3.95 1.80 2.13 2.49 2.89 2.29 0.94 20.00 Public Open Space Required (Ac.)(1.25 Points/1%) 2.82 3.16 1.44 1.70 1.99 2.31 t.83 0.75 16.00 Public Open Space Provided 3.46 3.07 0.23 0.00 0.00 0.23 3.39 1.50 11.88 PUD Points Provided(1.25 Points/1%) 4.41 3.90 0.291 0.00 0.00 0.29 4.32 1.91 15.12 Table 3.5a-Phase Land Use Summary Ded" edgg ` Phase Re tialr � � Y u �� � �SemorRes�der�tial M � Slntied " Storm- P�ubltc r Pubt r � � ' z a < Sm Ie Town Muth Multt �Nutstn Commune4 Open Rich B g a Water Ri t of Famil House family Family Facet Cente Gross Easement Net Paiic space waytl Total�-y _Y _ 1 5.78 3.09 �4.97 0.00 0.00 0.00 3.79 0.00 3.79 3.46 10.24 31.34 • 11 3.59 7.68 4.62 0.00 0.00 0.00 6.12 0.41 5.71 3.07 8.63 33.71 111 1.27 0.00 0.00 7.32 0.00 0.00 0.14 0.00 0.14 0.23 3.41 12.37 IV 0.00 0.00 0.00 3.96 6.49 0.00 0.00 0.00 0.00 •0.00 . 4.04 14.48 V 2.74 0.00 0.00 9.47 0.00 0.00 2.12 0.00 2.12 0.00 3.77 18.11 VI 8.82 0.00 0.00 0.00 0.00 5.15 0.00 0.00 0.00 -0.23 5.73 19.92 Vll 7.33 0.00 0.00 0.00 0.00 0.00 7.39 0.49 6.90 3.39 6.77 24.89 Vlll 3.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.50 2.09 6.71 Total 32.65 10.77 9.59 20.74 6.49 5.15 19.56 0.90 18.66 11.88 44.69 161.52 Page 3-10 ENGINEERING mid IIIIIIII.Wa Fan mini milli MIEN ■ MINI 1 milli MINN 1112. COMMUNITY CENTER 225.343 SO.FT. j S-4 154.23o sQ. FT. WEST WINDS COMMUNITY PROPOSED TRAIL SYSTEIA NW 114 SECTION 2, T.2.S., R.S.E., P.M.M. PROPOSED LOT LINE P OPOSED PAR GALLATIN COUNTY, MONTANA P:OPOSED PUBKS LIC COMMON OPEN SPACE N- KM Engineering Inc. E)asnNG WETLMOS PARCEL IZA TION MAP n4opper Technology Bldg 920 Technology Blvd,Suite A OPTION "A" SENIOR AREA Bozemon,MT 59718 (406)586-8&34 200 0 200 FAX(406)586-1730 5.0M........... 1 aecda f-t PROXCT NO.04SO67.125 molls F-An INS //� RMA pill mill mill F-W M mill stimills still �'% O V, MAN RNA �„/ �, ou" A/I S-1 154,220 So.FT. --------------------------------------------------------------------------------------------------- ------------ 1i4%- -------------------------------------- 'EE 7- 4 R ------------------------------------------------------ ............. "1�n ENTER OF S. 2 17C 1 . WEST WINDS COMMUNITY PROPOSED TRAL SYSTEM NW 114 SECTION 2, T.2.S., R.5.E., P.M.N.PROPOSED LOT UNE PROPOSED PARKS GALLATIN COUNTY, MONTANA E"n'g'I R'e'Ne Od n g 1 7. opper Technology Bldg PARCEL IZA TION MAP 920 Technology Blvd,Suite A OPTION "B" SOUTHWEST RESIDENTIAL Bozeman,MT 59718 (406)586-M FIGURE 3.1 A FAX(406)586-1730 ■ PROJECT NO.04SO87.125 West Winds—Final Planned Unit Development January 2008 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? West Winds has been proposed so that it connects to adjacent neighborhoods and subdivisions and offers similar yet diverse housing types. West Winds proposes the extension of the northlsouth park north of Oak Street to Baxter Lane. Unlike adjoining subdivisions West Wind Design Guidelines have specified that residential units backing onto the perimeter arterials and collector streets have rear facades that are architecturally designed to incorporate features giving the appearance of the front of the homes. The internal road grid of West Winds has been designed to connect with the adjoining road system. Specifically, Hunters Way and Buckrack connect to Harvest Creek Subdivision to the south, two streets on the west boundary connect to Baxter Meadows, Tschache Lane to east and Baxter Square to the north. 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 the 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(Chapter 18.18, BMC), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The West Winds development is designed to include a variety of housing types enhancing the natural environment while conserving energy and promoting the unique character of neighborhoods. 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 Bozeman growth policy? West Winds is anticipated to have a net area density of approximately 9.01 units per acre. The average density is similar to what would be found south of Oak Street with the Harvest Creek subdivision and Rose Apartments, the senior development, Highgate House to the east along Oak Street, Baxter Square to the north of Baxter Lane. 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? There will be private outdoor areas for the residents as well as large landscape boulevard areas that will offer a feeling of openness along the busier perimeter streets. 3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? West Winds Park will be extended through the West Winds development offering a passive recreational Page 3-13 ENGINEER 1 N West Winds—Final Planned Unit Development January 2008 opportunity and additionally, there will be active parks created near the proposed community center and transit stop. 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? West Winds does not propose a density bonus since the R-3 zoning district does not have a "cap" or maximum on number of residential units as long as code requirements are met. West Winds proposes a variety of housing types and styles designed to address community wide issues of affordability (lot size and unit size restriction) and diversity of housing stock(single family to townhouses to multi family structures). S. Is the overall project designed to enhance the natural environment, conserie energy and to provide efficient public services and facilities?Proposed throughout the development are natural trails and city standard sidewalks creating an extensive trail system. In addition, bike lanes along perimeter arterials and collector streets are proposed to offer north/south and east/west connections. All these non-motorized transportationlrecreation pathways contribute to the overall reduction of energy use by the project. As the Baxter Meadows commercial areas develop, these areas will be located in close proximity of walking and biking to/from West Winds. Additionally, West Winds proposes to incorporate a transit stop within the development that may connect to some future city transit system. • 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 Chapter 18.16, BMC, 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 deter- mined by dividing the 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. West Winds is not proposing a residential density bonus since the R-3 zoning district does not have a maximum number of units allowed as long as code requirements can be met. 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? Currently, the West Winds development does not propose any B-1 type uses within the subdivision. Logically, any future neighborhood commercial would be best located in the northeast and northwest corners of the property. With the future unknown for the success of the Baxter Meadows commercial development, the West Winds development does not currently propose any B-1 type uses, but does reserve the right to come back in the future before the necessary governing body to request a • Master Plan Amendment, Zone Map Amendment, andlor West Winds Preliminary Plan amendment as deemed necessary. Page 3-14 "01 E E R I N G i West Winds—Final Planned Unit Development January 2008 a) If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than 50 percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or justification for through traffic? If the project contains limited commercial development, as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? b) If the project contains limited commercial development, as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale compatible with residential development? 8. Does the overall PUD recognize and, to the maximum extent possible, pres--rve and promote the unique character of neighborhoods in the surrounding area? West Winds is a unique development not offered in Bozeman and would be a great asset to the overall community and surrounding neighborhoods in the area. e. Affordable Housing Compliance The West Winds Community has been designed to comply with Section 18.42.180 "Provision of Affordable Housing". Each subdivision phase shall be responsible for complying with Section 18.42.180 of the UDO. E Growth Policy Compliance One of the primary goals of a PUD (18.36.010(A) is "To ensure that future growth and development occurring within the city is in accord with City's adopted growth policy, its specific elements, and its goals, objectives and policies". Generally, there are six basic ideas, which form a foundation for many of the land use policies of the 2020 plan. These six ideas are: I • Centers • Neighborhoods • Sense of Place • Integration of Action • Natural Amenities • Urban Density The first idea of centers is for a renewal of a pattern of community development which is oriented on centers rather than along corridors. Another principle that goes along with centers is the idea of compact development. This enables greater convenience for people with shorter travel distances to a wide range of businesses and services. West Winds accomplishes this theory by Page 3-15 "G1 E E R I N G West Winds—Final Planned Unit Development January 2008 creating a compact residential development close to area services and businesses, accessed by integrated trails systems and street layout. Within the West Winds neighborhood, West Winds will provide the sense of familiarity and intimacy that is lacking in larger communities. The neighborhood park will provide opportunities to casually interact with other nearby residents. A sense of place is what Bozeman is about. Bozeman has a distinct character that distinguishes itself from everywhere else. Provisions for new parks and community centers, in new j developments, will help to extend the sense of place as Bozeman grows. The West Winds development has a unique sense of place itself, offering a wide variety of housing types and styles and parks and open space, both passive and active areas. Neighborhoods should be reasonably compact and serve a variety of housing needs. West Winds does exactly that by offering senior housing to single-family homes to multi-family structures. Open spaces, including parks, trails, and other gathering places should be in a convenient place. West Winds has been designed to centrally locate an active park area with community center along a linear park/open space trail system. Mixed is defined in the Bozeman 2020 as a pattern or method of development that incorporates, in a mutually supportive manner, more than one land use, density or type of housing, or development character. West Winds accomplishes this by offering a diverse array of housing types for various market levels for the community of Bozeman. Goal 6.6.1 —Create a sense of place that varies throughout the City, efficiently provide public and private basic services and facilities in close proximity to where people live and work, and minimize sprawl. West Winds accomplishes this goal by offering a diverse residential development in close proximity to existing services (North 19`h Avenue) and future services/businesses (Baxter Meadows commercial development). Goal 6.6.4—Objective 3 —Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point, such as a park, school, other open space, or community facility, and shall be designed to promote pedestrian convenience. Bordered on all sides by main arterial and collector streets, West Winds will be a well-defined residential community unlike other area subdivisions. It will have a central park providing active and passive parks and open space, and a trails system and bicycle infrastructure that will encourage area residents to use multi-modal forms of transportation. In addition, a transit stop has been incorporated into the design of the West Winds development. Promote the construction of a wide variety of housing types to meet the wide range of residential needs of Bozeman residents. West Winds will offer an entire senior area with independent living structures to a central assisted/skilled nursing living facility. Additionally, there will be multi- family structures, townhouses, and single-family homes offered with restricted lot sizes and restricted unit sizes to bring more affordability to Bozeman residents. Page 3-16 E N G I N E E R I NG 0 West Winds—Final Planned Unit Development January 2008 Protect important wildlife habitats and natural areas. West Winds wishes to preserve the natural vegetation and wetlands that are associated with Cattail Creek traversing the property from the south to the north. No lots will be platted within the 100 year jloodplain or watercourse and wetland setback.11 West Winds has designed a trail system along this natural corridor for the enjoyment and use of residents and guests as well. Goal 9.9—Provide for accessible, desirable, and maintained public parks, active and passive open spaces, trails systems, and recreational facilities for residents of the community. West Winds accomplishes this goal with the 27.82 acres (gross) of parkland. Within the dedicated parks, there will be areas for active recreational use such a ball or soccer field, or volleyball court, etc. The park will also have a natural fines trail system constructed adding to the amenities provided to the residents of West Winds and the surrounding area. To maximize accessibility a minimum of 70%of the park perimeter shall be adjacent to the public streets.12 Goal 10.8.3 —Encourage transportation options that reduce resource consumption, increase social interaction, support sage neighborhoods, and increase the ability of the existing transportation facilities to accommodate a growing city. West Winds has designed the street layout to best connect to surrounding existing subdivisions to the extent possible allowed by code requirements. West Winds Park has been extended from the south within the Harvest Creek subdivision through the West Winds development. The future extension of Tschache Lane will line up with proposed Tschache Lane within the West Winds development. In addition, there will be bike lanes on the perimeter arterial and collector streets to create both northlsouth and • east/west bike lane connections for bicyclists. Goal 10.8.4 Pathways—establish and maintain an integrated system of transportation and recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green belts and open space. West Winds is on compliance with the 2020 Trail Plan with an extensive trail system within West Winds Park and the city standard sidewalks along all streets and pedestrian access areas allowing residents to gain access to open space/parks through mid blocks. g. Statement of Proposed Ownership of Open Space There are three types of open space within the West Winds Community; • Publicly accessible open space (park); • Perimeter non-public open space; and • Internal non-public open space. Publicly accessible open space will be West Winds Park. West Winds Park shall be dedicated to the City of Bozeman by the phased subdivision plats. West Winds Park will be initially developed and maintained by the Cascade Development Inc. until dwelling unit occupancy reaches a level specified by the covenants that triggers transfer of the park maintenance to the is11 PUD Approval Condition(s)No. 13 & 17 12 PUD Approval Condition No. 15 Page 3-17 E N G I N E E R I N G i West Winds—Final Planned Unit Development January 2008 • Master Homeowners Association(entire West Winds Community), operation and maintenance. A park maintain SID may be formed for the funding of maintenance of the park. i Perimeter public open space are the areas around the perimeter of the West Winds Community that are intended to serve as buffer areas. These areas are primarily located on large multifamily and senior living parcels with buffer easements to facilitate the improvement and maintenance of the buffer elements. These areas will be owned and maintained by the homeowners association. Interior non-public open spaces are the areas within multi-family and apartment parcels intended for resident open space use. The ownership of these areas is dependant on the type of use. For apartment rental use the open space will be owned and maintained by the specific property owner. For condominium type ownership the open space will be owned and maintained by the condominium homeowner association. h. Statement of Future Ownership of PUD Cascade Development Inc. intends to retain ownership of the PUD. As specific subdivision phases are filed,the remainder parcel will remain in Cascade Development Inc. ownership. There are currently no plans to sell the project beyond the phased subdivision process. However, Cascade Development Inc. reserves the right to sell the project and the associated entitlements earned through the PUD approval process. • Page 3-18 "G1 E E R I N West Winds—Final Planne*nit Development January 2008 p �' i. Description of Rational Behind Assumptions and Choices The underlying rational behind the assumptions and choices made in planning the West Winds Community are based on creating a quality-planned community with attractive amenities. This will be achieved by preserving existing sensitive area features (wetlands and mature vegetation) within an extension park system. The preservation of sensitive areas combined with a trail system will create a very livable community that helps insure the economic success of the project. j. Requested Relaxations from UDO The following relaxations from the UDO were requested through the PUD process and approved by the City Commision of May 24, 2004. a. Chapter 18.50.020 "Park Requirements"—To allow the area requirements to be based on 11%net buildable area instead of.03 acres per dwelling unit for the afforadable housing lots. b. Chapter 18.16.020.B "Authorized Uses"—To allow assisted living/elderly care facilities and apartments within the R-3 zoning district. c. Chapter 18.42.030.0 "Double/Through and Reverse Frontage"—To allow for double frontage lots adjacent to the arterial and collector streets. d. Chapter 18.42.0403 "Block Length"—To allow the block length to exceed 400 feet. e. Chapter 18.42.040.0 "Block Width'—To allow the minimum block width to be less than 200' for blocks with Restricted Size Lots. f. Chapter 18.42.180.0 "Number of Restricted Size Lots Required"—To allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 square feet for corner townhouse lots. g. Chapter 18.44.090.D.3 "Spacing Standards for Drive Accesses"—To allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an Arterial street,to be separated less than 660 feet. The following additional relaxation from the UDO was requested through the PUD modification process and approved by the City Commission of October 1, 2007. h. Chapter 18.16.060 "building Height"—to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to multi- Page 3-19 _E N LING � West Winds—Final Planned Unit Development January 2008 household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. k. Land Use Conflict Mitigation The West community has been designed to minimize land use conflict with surrounding properties. The surrounding land use (see Figure 2.2—Adjoining Land Use Map) is predominately residential with the exception of the adjoining community parks. West Winds is also residential in nature, which will minimize land use conflict. Specific mitigation is proposed within the Design Guidelines that enhances connectivity to the surrounding neighborhoods. This is achieved by requiring perimeter structures that front onto arterials and collectors to present a front style elevation to the arterial or collector street. 1. Statement of Design Methods to Reduce Energy Consumption West Winds has designed the street layout to best connect to surrounding existing subdivisions to the extent possible allowed by code requirements. The West Winds Park has been extended from the south within the Harvest Creek subdivision through the West Winds development. The future extension of Tschache Lane will line up with proposed Tschache Lane within the West Winds development. In addition, there will be bike lanes on the perimeter arterial and collector streets to • create both north/south and east/west bike lane connections for bicyclists. m. Development Schedule West Winds is proposed to be a phased PUD per Section 18.36.070(A.)(2.) Application for Approval of Initial Phase of the PUD—With Subsequent Phases Master Planned and Subject to Development Guidelines. The Phase I Subdivision is proposed for construction summer of 2004, final platting fall of 2004. Dependant on market forces subsequent subdivision phases on an annual or bi-annual basis. n. Site Plan Section 18.78.120(B.)(2.) Requires a Site Plan of the proposed development drawn at a scale of not less than 1"=100' be included in the application. Said Site Plan is attached within Appendix C. • Page 3-20 � E N G IN E E R I N G � I 0 West Winds—Final Planned Unit Development January 2008 • Chapter 4 —Development Guidelines Due to the scale, complexity and multi-residential use characteristics of the West Winds Planned Community,the covenants and design guidelines will have a"layered" format. At the core of the covenants and guidelines will be the"West Winds Master Homeowner's Association, Declaration of Covenants, Conditions and Restrictions"which are the base document for subsequent sub-association covenants and guidelines that will be prepared with specific subdivision and site plan phases. Section 18.36.070(D.)(2.) Required Development Guidelines for phased PUDs shall be submitted to the Planning Director as part of the application. The following is an item by item listing of the required elements of the Development Guidelines. A copy of West Winds Master Homeowner's Association, Declaration of Covenants, Conditions and Restrictions are to this application. a. A description of submittal requirements and review procedures for the approval of preliminary and final plans submitted in accordance with the master plan and development guidelines (to be developed with the assistance of staff); Section XI. Architectural And Landscape Control, of the covenants details the proposed review procedures by the Architectural Committee. b. A description of the coordination with any other applicable review procedures, e.g., • subdivision review; Coordination with other review procedures will be dependent on the type and scale of the project. Single-family and townhouse structures will be initially reviewed by the Architectural Committee prior to submittal for building permit. The Architectural committee will provide a comment letter to be included with the building permit application. For larger subdivision and site plan submittals, the applicant will make advisory and pre-application submittals to the City prior to submittal to the Architectural Committee. The intent is to solicit City input prior to formal submittal to the Architectural committee that should reduce redundant review processes. The Architectural committee will provide a comment letter to be included with the subdivision or site plan application. c. A complete list of proposed or potential land uses; Section 12.1"Residential Use" of the Covenants addresses permitted uses. Permitted uses shall be per the approved P.U.D., and R-3 zoning. d. Sign guidelines: type(s), location, design, illumination, size and height; Section 13.1"Signs, Flags, Flagpoles and Statues" of the Covenants addresses signs. Signs shall be in conformance with a P.U.D. Sign Plan and the City Sign Code. e. Perimeter buffering guidelines with specific regard to adjoining land uses; Section 12.18 "Landscaping" addresses lot and street frontage landscaping. For street • landscaping for collector, arterial and park frontage a Master Buffering/Landscape Plan has been prepared and attached to this Final PUD. Page 4-1 � ENOINEEEIN0 0 West Winds—Final Planned Unit Development January 2008 f. Landscaping guidelines,including a description of the landscaping theme in relation to the streetscape, the buildings on site, and any proposed signage, open space treatment, parking and circulation areas, display areas and screening; Section 12.18 "Landscaping" addresses lot landscaping. g. Design guidelines for outdoor storage and/or display; Section XI. Architectural And Landscape Control, addresses storage buildings. h. Protective covenants which may include requirements,property owners association provisions, provisions for maintenance, ect; • See attached "West Winds Master Homeowner's Association, Declaration of Covenants, Conditions and Restrictions" i. Parking: guidelines for design,provision for shared facilities, circulation between lots, coordination with sidewalk system, and service areas; Section XIII of the Covenants addresses parking. j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.; Section AW of the Covenants addresses dimensional requirements. k. Lighting; • Section 13.35 of the covenants addresses lighting. 1. Architectural guidelines; Section AW of the Covenants addresses dimensional requirements. m. Provisions for utilities: communications and refuse; Section XIV of the covenants addresses utilities. Section 13.12 of the covenants addresses refuse. n. Guidelines for noise, emissions, glare,hazardous materials, etc.; and Section AW of the Covenants addresses noise, emissions, glare, hazardous materials o. Improvements schedule Section XIII of the covenants addresses improvements schedule Page 4-2 �� ENGINEER r � DEVELOPMENT GUIDELINES. i MASTER ENVIRONIV�NTAL DOCiTMENT • West Winds—Final Planned Unit Development January 2008 • Chapter 5 — Master Environmental Document The following is a"Master Environmental Document"for the West Winds Planned Community that addresses the following elements. I • Landforms; • Geology; • Hydrology; • Soils; • Vegetation; • Noxious Weeds; and • Wildlife This information set forth below is intended for use in permitting the entire West Community including the Phase I subdivision and all subsequent subdivision and site plan pha3es. The design of the proposed Community is guided by and responsive to the environmental features of the site. This chapter provides a generalized description and assessment of the development implications of the various environmental features of the land included within the project boundary. Development guidelines and standards used in the formulation of the project are also summarized for each environmental factor. Topics addressed are: landforms, slope and topography; geology; hydrology; soils; vegetation; noxious weeds and wildlife habitat. a. Landforms, Slope and Topography P The proposed West winds Community is located on a relatively flat parcel of land with a consistent slope of 1.2%to the north(see Figure 5.1 —U.S.G.S. Site Topography Map). There is only minor ground topography variation due to existing Cattail Creek and a Farmers Canal lateral that bisect the site flowing south to north(see Figure 5.2 -- Water Features). • West Winds Project Site with Irrigation Ditches Page 5-1 E NO IN E 9 It ING 33441 i L i �. 5 &R . �o��i�����i� %%/o/� ; y � . IIIIIIIIII�I milli NOW III -IN NINE mill mill■ AFFORDABLE ■ A AA/ ins 10 ONE- Millis .:: - -----------------. -------- ----- - ------ ----------------------OAK STREET (PRINCIPA ---------------- --------------------------------- -------- T L ARTERIAL) -------—-—-—-—------------------- -----7. -7-:---------7----- p-------- —--------1--------- -47j �ENTER OF S. 2J�l� LEGEND WEST WINDS COMMUNITY 4745— CONTOUR NTH ELEVATION NW 114 SECTION GALLATIN COUNTY, MONTANA NOTE- N- EngIneerIng Inc. CONTOURS GENERATED FROM USGS -IN F opper Technology Bldg QUAD MAP. USGS SITE 920 Technology Blvd,Suite A TOPOGRAPHY MAP Bozernon,MT 59718 1 (406)586-8834 -freff 200 200 m WIZW; FAX(406)586-1730 Cda f.t PROJECT NO.04SO67.125 West Winds—Final Planned Unit Development January 2008 p �'Y Development Guidelines and Standards • Maximize preservation of Cattail Creek vegetation corridor within West Winds Park for enjoyment.of residents; b. Geology The Gallatin valley is an intermountain basin in the Rocky Mountains bounded by the Bridger and Gallatin Ranges to the East and South. The Gallatin Mountain Range has provided material for vast coalescing alluvial fans deposited upon the valley floor from the South and East valley limits, sloping rather steeply to the North. These alluvial/fluviatile deposits range from Tertiary to Quaternary in age. The project site is located on the Northwest side of Bozeman on Quaternary age alluvial deposits known as the Bozeman Fan. The alluvial fan deposits typically consist of varying thickness of silty clay and silt overlaying sandy gravel and cobble at depth. The site topography slopes gently to the North with an irrigation ditch bisecting the area and providing drainage to the North. Groundwater levels in this area are driven by cyclical irrigation and range from 2-3 feet below surface in the late spring and summer to 4-9 feet below the surface in late fall and winter. The soil profiles encountered at the site consist of topsoil and lean clay, silt, and silty clay overlaying gravel. Topsoil varies in thickness from 10 to 12 inches. The fine-grained clay and silt deposits extend from 4 to 6 feet in thickness and are typically firm in consistency and high in natural moisture. Gravel is encountered at depths ranging from 4 to 6 feet. The gravel ranged in visual classification from clayey gravel with sand and cobbles to poorly graded gravel with sand and cobbles. The gravel is generally dense in consistency and high in natural moisture. HKM Engineering conducted a geotechnical investigation of the project site. The recommendations resulting from this investigation are given below. A copy of the report, Geotechnical Investigation Report for West Winds Planned Community, Bozeman Montana, is included in Appendix D. Development Guidelines and Standards • Advise potential buyers of the availability of the Geotechnical Report and depth to groundwater. • Discourage basements due to shallow groundwater. • Footing on native gravel or structural fill • Require dewatering of utility installations. • Specify surfacing sections for public and private streets. • • Larger structures such as the skilled nursing facility and apartment to require site-specific geotechnical evaluations. Page 5-3 � ENGINEERING � West Winds—Final Planned Unit Development January 2008 • c. Hydrology Watercourses/Irrigation Ditches Cattail Creek and two irrigation ditches are within the project area(see figure 5.2—Water Features). Only one of the two irrigation ditches is active and according to Bob Davis, President of the Farmers Canal Ditch Company the east irrigation lateral of the Farmers Canal can be abandoned. The most westerly ditch, known as the Section Line ditch, is the only active irrigation lateral and flows along the very west property line of the site. The Section Line Ditch shall not be piped unless the i ditch owners require it to be piped. The "riparian" -------� corridor shall be maintained within the median planned for Fowler Avenue.7. I • On-Site Irrigation/Watercourse—Section Line Ditch (left), Cattail(right) Cattail Creek is dry the majority of the year and only sees water from snow melt and rainfall events. Feed by groundwater the channel has grown-up with brushy vegetation and is delineated as a jurisdictional wetland. The easterly ditch (current extension of Harmon ditch through Harvest Creek subdivision) is a waste ditch and does not serve any water rights to the north. This easterly ditch will be abandoned and the waste irrigation flow re-directed into Cattail Creek. The routing of this flow into Cattail Creek will benefit the wetland vegetation. • 'PUD Approval condition No.22,Modified PUD Condition No. 5 Page 5-4 E N 3 I N E E t I N I - g!I I t � •Y �' N �+ I . I I L- - - - - - - BB-1a�ws�r BB-1 i 3 gLvurr— BAXTER LANE_ 3 2 — — — — — — — — — — — — F - 1313-1 IRRIGATION CANAL I I I (Farmers Canal) , I I IRRIGATION CANAL I ' I ' (Farmers Canal) I SECTION LINE DITCH (Farmers Canal) III BB-2 - f 2 SP-5 BB AND LAND I WI I SP-4 COMPLEX 1 ' 14 I 2 JI1313 SP-3 rZ 4 SP-7 ' 'N II W-g�SP-s I = I I t CULVIRr 4 W-2 W-1 J SP-1 I . WETLAND DELINEATION SP-2 I g ' ' BY LAND AND WATER SP 10 - - - - - - - Sp-9 SP g 3 2 OAK STREET d-Du f CENTER OF S. 2 F----] F- 1313-1 _ L r iopper LEGEND WEST WINDS COMMUNITY aED&BANK NW 114 SECT/ON 2 T.2.S., R.5.E., P.M.M.O BED,BANK @ LAND COMPLEX 1 BED.BANK 8 LAND COMPLEX 2 GALLATIN COUNTY, MONTANA o1weeuNo � w-1UA Englneering Inc. w-3TechnologyBldg WA TER FEA TURES Technology Blvd,Suite A Bozeman,MT 59718 g (406)!BH834 2C D 200 FIGURE 5.2 3 FAX(406)586-1730 iiia 6 cede feet DAIS ,lW.23.2008 PROJECT NO.04S087.1 E5 Copylght 0 2008 NKM EnglneeAng Inc.All Right.Rewwd West Winds—Final Planned Unit Development • January 2008 P az'Y Development Guidelines and Standards • Covenants and restrictions will preclude use of irrigation ditch water by lot owners; and • Relocation of existing ditch alignments will be coordinated with Farmers Canal Ditch Company and constructed to industry standards. • The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane.2 Storm and Melt Water Drainaee The project site does not have any perennial watercourse within its boundaries. Pre-development storm and melt water drainage is provided by sheet flow, shallow concentrated and irrigation ditch conveyance. Storm and melt water that does not percolate into the on-site soil is collected by either the Cattail Creek or roadside ditches along the south side of Baxter Lane. The collected water is then conveyed away from site by Cattail Creek flowing north away from the site (see photo below). Cattail Creek at Baxter Lane HKM Engineering has prepared a Stormwater Report for the West Winds Community. The recommendations resulting from this investigation are given below. A copy of the report, Stormwater Investigation Report for West Winds Planned Community, Bozeman Montana, is attached in Appendix E. 2 PUD Approval condition No.22,Modified PUD Condition No. 5 Page 5-6 ENGINEERING West Winds—Final Planned Unit Development January 2008 • Development Guidelines and Standards • Storm water release from the site will be limited to a peak flow matching the 10-year pre- development storm; • Storm peak flows shall be controlled by storm water detention ponds; • Storm water conveyance facilities shall be sized to handle a 25-year post-development storm; and • Storm water improvements shall be designed and constructed in accordance with City of Bozeman, MDEQ and MPW standards. • Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than 1/3 of the 25 feet adj*acent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. Flood Hazard Evaluation No flood hazards exist within the project limits. The site is not within any known published flood boundaries. In conjunction with the Final PUD HKM Engineering prepared a flood Hazard Analysis for Cattail Creek that determined the 100-year flood elevations. Development Guidelines and Standards • No lots will be platted within the 100-year floodplain. Wetlands Land& Water Consulting, Inc. (LWC) conducted a wetland and waters of the U.S. delineation of the West Winds Community project site in July 2003. The delineation was for the entire 161.3- acre West Winds site. A complete Wetland Delineation Report and map is includes in Appendix F. Wetland types within the project site are classified as riverine and depression under the Hydrogeomorphic classification system(Smith and others 1995). Under the Cowardin system (Cowardin et. al. 1979),the systems are classified as riverine and palustrine wetlands. Two (2) riverine (BB-1 &2), three depression(W-1, 2, and 3), and a riverine/depression complex (BB/WL-1) were delineated within the subject property. The wetland acreage totals 3.07 acres. 3 Modified PUD Approval condition No.3. 4 PUD Approval condition No. 17. Page 5-7 11HENGINEERING- West Winds—Final Planned Unit Development January 2008 • The COE has verified the wetland delineation and determined the jurisdictional status of the wetlands; a copy of the COE correspondence is included in Appendix F. One ditch within the property, BB-I, appears to have been constructed in upland, however, it conveys groundwater and is therefore jurisdictional. The Section Line ditch is constructed in upland and is non- jurisdictional. The wetland complex, BB/W-1, is jurisdictional because it is connected to what is now called Cattail Creek, a tributary to the East Gallatin River. Wetlands 1 and 2 are approximately 40 and 20 feet from waters of the U.S (BB-1 and BB/W-1, respectively) and are therefore considered adjacent and jurisdictional. Wetland 3 is 250 feet from a non jurisdiction waterway(BB-2, Section Line ditch), and is therefore non jurisdictional. Development Guidelines and Standards • The jurisdictional wetlands have been preserved within West Winds Park. • No lots will be platted within watercourse and wetland setback.5 • Minimize road crossing to reduce filling of jurisdictional wetlands. • The .07-acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail wetlands, under the direct supervision of the wetland consultant. 6 • • No existing mature vegetation within the watercourse, wetlands,park and along the Section Line Ditch will be removed from the site unless approved by the city of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. Groundwater Groundwater in the vicinity of the planning area is primarily found in coarse to fined grained sediments that range in size from boulders to clay. These sediments were deposited in the form of alluvial fans from later Tertiary to early Quaternary time. (Slagle 1995.) Within the project site, a series of nine (9) shallow groundwater monitoring wells were installed on April 8, 2003. Construction consisted of placing a 3" diameter PVC perforated sewer pipe in a soils investigation test pit. After installation of the monitoring pipe the test pit was backfilled with native material. A complete Groundwater Report with mapping and Soil logs of each test pit along with a description of each monitoring wells construction are included in Appendix G. • The depth to groundwater ranges from approximately 2 feet below ground surface to 10 feet below ground surface. Groundwater becomes shallower from south to north across the site, and is also shallower in the topographically low-lying areas. • s PUD Approval Condition No. 13 e PUD Approval Condition No. 14 PUD Approval Condition No. 23 Page 5-8 E N G I N E E R I N� West Winds—Final Planned Unit Development January 2008 • • Groundwater levels in the southern and western portions of the site rose during the spring and early summer. The maximum fluctuation observed was approximately 3 feet at MW- 9. This rise and subsequent decline in groundwater levels was in close correlation to the time period that the Baxter Border Irrigation ditch was flowing. • Groundwater levels generally declined in the central and northeast portions of the site during the monitoring period. Development Guidelines and Standards • Foundations should be crawl- space type, basements are discouraged due to depth to groundwater; • Utility installation will require de-watering by the utility contractor; d. Soils Soils data for the planning area are excerpted from the Soil Survey of Gallatin County and included in Appendix G(Natural Resources Conservation Service, issued 2002). The Natural Resources Conservation Service (MRCS) is an agency within the US Department of Agriculture with responsibility for a comprehensive soil mapping and interpretation program. According to NRCS data,there are three soil types within the project area as shown in Figure 5.3 —NRCS • Soils Map and classified as follows: • 53B Amsterdam silt loam, 0 to 4 percent slopes • 510B Meadowcreek loam, 0 to 4 percent slopes • 511A Fairway silt loam, 0 to 2 percent slopes • Page 5-9 E N G I N E E R I"' 542A I i I 57B 510B i I LO 5�' ILJr s III Na.41 I I o. _Ty : 35 3 — � I I A., -LL] I III I II S. -?nS I I I I IIfI.;t',;t 507A I AFFORDABLE , , b I i I iClt:_ , ! 1 51 III 510BROSE PARK I r II Iit /o I 510B �I I = III {'- •: �,3I1. I I •c;,f 53B I I ' 'B : ____IIII_ IIIl IIIl I I so�uJlrEi_:L!N_�_ — —RARVrST I - 9.!LO.=T 4<C 5 LS. i CENTER OF 2 510B i 50B497A I , I I , '1 ,,, ❑it LEGEND WEST WINDS COMMUNI T Y 508 -BLACIMAMSTERDA SILT LOAM OA T.2.S., R.S.E., P.M.M.512 _TURNER AM SILT LOAM NW 1/4 SECT/ON 2, 578 —TURNER LOAM 818 —STRAW LOAM GALLATIN COUNTY, MONTANA e N O,Neel 1 N O 457A—TURNER LOAM,MODERATELY NET KM Englneedng Inc. 51088 -MMEBEAD�Ov�mc LOAM opper Technology Bldg 511A —FAIRWAY SILT LOAM NRCS SOIL MAP 920 Technology Blvd,Suite A Bozeman,MT 59718 (406)sa aU FIGURE 5.3 FAX(406)586-1730 soo o 200 6 scale feet DATE JAN.23,2008 PROJECT NO.045057.125 Copylght O 2008 NKM Engineering Ina,Aq Rights Reaaved West Winds—Final Planned Unit Development January 2008 • In general,these soils can be aggregated into the general landform category of outwash plain. Outwash plain landform deposits are located over the entire project area and consist of relatively flat-lying (0 to 4 percent slopes) soil deposits comprised of silty loam, sand and silty gravel. Silty loam, sand and silty gravel are present throughout the greater Bozeman area and pose no serious limitations on development. e. Vegetation (Agriculture) The property is currently used for agricultural hay cropland. The parcel is highly productive with a shallow ground allowing for a non-irrigated hay crop. The parcel is no longer within a viable farm unit. It is estimated that 80% 161.3 —acre is hay production(129-acres), and 20% is perimeter roads, fence boundaries and irrigation features. The general area has historically been agriculture (hay and livestock) been has seen substantial development pressure over the last decade and has become residential in use. There are no perimeter fences that currently protect adjoining agricultural (livestock) operations. Family pet control will be accomplished by practice typical to incorporated areas within the City Limits. There are several scrub-shrub communities interspersed with mature trees. Emergent wetland species proliferate the drainage bottoms (see Figure 5.4—Vegetation Map). There are three (3) drainages within the property: the unnamed irrigation lateral (eastern most), Cattail Creek, and the Section Line ditch along the western property border. The unnamed eastern irrigation lateral and Cattail Creek are stable systems and convey minor quantities of surface water. The eastern lateral is currently used to convey waste irrigation water and the central lateral has no recent evidence of water conveyance. The Section Line ditch is a major conveyance channel of the Farmers' Canal Ditch Company and is also used for emergency stormwater conveyance. Development Guidelines and Standards • Avoidance and minimization methods were used to minimize impacts to critical plant communities and wetlands within the property. Streets within the West Wind Community were relocated to fit the drainage patterns within the property, i.e. shifted to cross a drainage in an area with vegetation diversity. The central scrub-shrub drainage will be preserved as open space parkland. • No existing mature vegetation within the watercourse, wetlands, park and along the Section Line Ditch will be removed from the site unless approved by the city of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed.$ f. Noxious Weed Management and Re-vegetation Plan A noxious weed survey was conducted on September 24, 2003. Five (5) noxious weed species were identified(Table 5.1). Infestation areas and/or individual plants have been mapped in Appendix H—Noxious Weed Management and Re-Vegetation Plan. Canada thistle was 8 PUD Approval Condition No. 23 Page 5-11 E N 3 IN E E R I NG West Winds—Final Planned Unit Development January 2008 observed most often throughout the property; the infestation was not concentrated in any particular location but dispersed along and within the ditch and shrub communities. Because Canada thistle occurs fairly consistently throughout the property it was not mapped. Houndstongue was also observed as scattered individual plants and was not mapped; less than twelve (12) houndstongue plants were observed. i Page 5-12 � E N G IN E E R IN M >L -J I BAXTER LANE - - - - LEGEND - - _ - S-S - Scrub Shrub FOR - Forested EM - Emergent III Wetland Vegetation EM EM UN-NAMED I I IEM/S-S , I ' IRRIGATION i I FOR LATERAL" I SECTION LINE DITCH I ' I S-S EM i I I ' iI �i r I Q I 'I I FOR S-S I IZ I l y I I w I IR EM I a FOR :. i td I I S—S I JEM/S-S I I I III - - - - - - - - ------- OAK STREET - I I WEST WINDS COMMUNI T Y NW f/4 SECT/ON 2, T.2.S., R.5.E., P.M.M. GALLATIN COUNTY, MONTANA ENO.NEE RING _N_ KM Engineering Inc. opperTechnologyBldg VEGETA T/ON MAP 6 920 Technology Blvd,Suite A Bozeman,MT 59718 g (406)586aU FIGURE 5.4 FAX(406)586-1730 200 0 200 6 leaf! feet DATE JAN.23,2008 PROJECT NO.045087.125 CopyW 0 2008 HKM Enginwing 1l .AN R%hte Re—o& West Winds—Final PlanneJnit Develo p January ment Janu 2008 Table 5.1. West Winds Community noxious weed summary Species Scientific Name Abbreviation' Category2 Relative Percent Cover3 Canada Thistle Circium arvense CIRARV 1 99 Cynoglossum Houndston ue offininale CYNOFF 1 1 Poison Hemlock Conium maculatum CONMAC IV <1 Spotted Kna weed Centaurea maculosa CENMAC I <1 Musk Thistle Cardus nutans CARNUT IV <1 ' Abbreviations are used on the map (Figure 1)to indicate primary locations. 2 Categories I through III are a State of Montana designation with Category I being the most severe. Category 4 is a Gallatin County designated list. a Relative percent cover is an indication of dominance within the noxious weed vegetation classification on the property, i.e.: Canada thistle is the most dominant noxious weed of the 5 species observed. A Noxious Weed Management and Revegetation Plan has been completed and is included in Appendix H. g. Wildlife and Wildlife Habitat Species. Both mule and white-tailed deer(Odocoileus hemionus and virginianus, respectively) have been observed within the vicinity of the Section Line Ditch. Dens were noted in the embankment of the ditch that are likely a result of red fox(Vulpes vulpes). Ring-necked pheasants (Phasianus colchicus)have been observed within the central scrub-shrub drainage area. Migratory bird use,particularly warblers, Pine Siskins (Carduelis pinus), American Robins (Turdus migratorius), and other short-distance migrants such as Downy and Hairy Woodpeckers (Picoides pubescens and villosus, respectively) and Northern Common Flicker (Colaptes auratus), are likely high given the concentration of shrubs and mature cottonwoods along the ditch and drainages. Given the maturity and size of the cottonwoods, Red-tailed (Buteo jamaicensis) and Rough-legged(Buteo lagopus)hawks likely frequent the area. There are no long-term fisheries within the property boundaries. It is possible that individual fish may swim up the Section Line ditch from the Gallatin during the irrigation season, but leave the system as water is gradually decreased in the fall. Critical Areas. The critical wildlife areas include the Section Line Ditch, the central irrigation lateral drainage area, and the three wetland shrub communities. These areas have been highlighted on Figure 5.5 —Wildlife Use Areas. All of these areas are comprised of mature scrub-shrub communities interspersed with mature cottonwoods. The western property boundary is the proposed location for Davis Street, a major thoroughfare for the City of Bozeman; the Section Line Ditch is slated to become the center median of this thoroughfare. It is unknown how much of the vegetation will be preserved along the ditch. The • West Winds Community property owner is only responsible for constructing the east side of Davis Street. Once the thoroughfare has been completed, the City of Bozeman may have to consider methods of protecting ungulates from entering this median zone. Page 5-14 ENGINEERING � � � I J I I 1 a BAXTER LANE I I II - II I I UN-NAMED I I I ' IRRIGATION I I LATERAL SECTION LINE I I DITCH I yI I • � I � I III All darkened Areas I used by Wildlife I I L- - - - - - - - -- - - - - --� �- y i OAK STREET — W WEST WINDS COMMON/T Y HNW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M..M.GALLATIN COUNTY, MONTANA ENGINEERING KM g Inc. o perTTeechnologyBldg WILDLIFE USE AREAS b 920 Technology Blvd,Suite A Bozeman,MT 59718 (406)58-M 200 D 200 FIGURE &5 FAX(406)586.1730 6 scde feet DATE JAN.a 2008 PR?fECI NO_015087.125 Copylght 0 200B MKM Fnghemhy Inc,AU Rights Rese—& i West Winds—Final PlanneTUnit January Development Janu 2008 p Pets/Human Activity. The development will cause a decrease in use by ungulates and likely little change in migratory bird use. Game bird densities will likely decrease. Public Access. A public trail system will be incorporated within West Winds Park. There will be public access to the trail system from Oak Street and Baxter Lane, as well as from several points within the development. Protective Measures. The central linear park(West Winds Park) has been designed to contain the jurisdictional wetland which is the prime bird habitat area. Approximately 14% (22.14 acres) of the total 161.3 acres will be parkland and a minimum 9% (14.53 acres) will be open space. FWP Recommendations. A description of the development has been forward to the MTFWP. Comments are pending. h. Historical No historical elements exist within the planning area. SHPO was sent a copy of the proposal and responded(see Appendix A for SHPO correspondence). A Cultural Investigation of the site was conducted summer of 2004 by Garcia and Associates (Appendix A). If buried historic items are discovered during construction, work will be suspended and SHPO will be contacted. i. View Shed The West Winds Community will have minimal impacts on view shed because of proposed land use and existing topography. Land Use—The proposed land use for West Winds is residential with the exception of the skilled nursing facility. Residential structures typically have minimal impacts on existing view sheds. The multi-family and single-family units will not exceed 2-stories in height. The apartments and skilled nursing facility may be 3-story structures. The exact configuration of the apartments and nursing facilities are unknown at this time. View shed analysis shall be prepared in conjunction with the apartment and nursing facilities Site Plan submittals. Topography—The West Winds planning area and the surrounding area for several miles is essentially flat. This combined with the preservation of the mature vegetation within West Winds Park that will provide natural view shed breaks should effectively mitigate any view shed issue created by the project. Page 5-16 ENGINEERING i i U ' COMMUNITY FACILITIES'. ' UTLIJITIES- AND PAR �S West Winds—Final PlanneJnit Development January 2008 • Chapter 6 — Community Facilities, Utilities and Parks Section 18.78.120.A.1 of the UDO requires that the Applicant provide information on the "available community facilities,utilities and parks". To provide a complete overview of public service providers, this chapter also includes preliminary information on schools,telephone, and electrical service. Each discussion consists of the following four subsections: Background, including information on the existing capacity and/or level of service; (1) Preliminary information on the infrastructure or services to be provided to the project area, including a preliminary confirmation of the availability of capacity; (2) A preliminary discussion of the phasing of improvements and/or services; and (3) Any projected impacts on infrastructure or services identified by the service provider(s) along with all improvements. Copies of letters obtained from the service providers are contained in Appendix A. j The following discussions of infrastructure and services are based on the data shown in Table 6.1, Build-Out Summary. II • Page 6-1 ENGINEEEINMM West Winds—Final PlanneRnit Development • �Y Janu 2008 Table 6.1: Build-Out Summary • Land Use nc.) d'-Area Net DensityEstimated D.U. /Ac. Dwelling Units Senior Residential Multi-Family 20.74 11.57 240 Skilled Nursing Facility (Congregate Care) 6.49 23.11 150 - 200 Subtotal 27.23 8.81 240 Residential Single-Family 32.65 6.43 210 Town-House 10.77 11.51 124 Multi-Family Standard 4.97 13.68 68 Multi-Family Affordable 4.62 14.92 69 Subtotal 53.01 8.88 471 Other Uses Community Center 5.15 NA NA Subtotal 5.15 NA NA Total (see note #3) 78.90 9.01 711 • 1. Net land area excludes roads and parks. 2. Dwelling unit count as shown in Figure 2.1 3. Total excludes skilled nursing facility 4. Lot 5, Block 8, Phase 2A(69 DU) has been provided for assurance of compliance with conditions 2 & 3 of the July 5, 2005 PUD approval and Section 18.36.090(E)(7) of the UDO. PUD Performance points shall be meet in conformance with 18.36.090(E)(7) of the UDO. Maximum unit count is used for the discussions of infrastructure and services that follow. The discussions of phasing assume a 12-year build-out. a. Water Supply Background On December 1, 1997 the"XL Limited Partnership Annexation Agreement"annexed the project area into the City of Bozeman. Section 3. "Service Provided" of said annexation agreement states, "The City will, upon annexation, make currently existing and available City services, including water service, sewer service, police protection, and fire protection, available to the XL LIMITED PARTNERSHIP ANNEXEXATION, as provided by this agreement". Based on this annexation agreement water and sewer service is proposed to be provided by the City of Bozeman municipal systems. The detailed construction plans for the water and wastewater . systems for West Winds will be prepared in accordance with the facility plans, and City design standards to assure that the project facilities will be readily integrated into the existing City system. Page 6-2 E NIG i West Winds—Final PlanneRnit Development January 2008 Project Area Water Supply • The water supply for West Winds project is proposed to be provided by the City of Bozeman water system. Water mains are currently adjacent to the project. Table 6.2 below summarizes existing mains. Table 6.2—Existing Water and Sewer Mains Street ' Water .,Sewer x�. Comment' � � Oak Street 10"/12" 20" Sewer main SID 621 Baxter Lane 24" SID 621 North 27th Avenue 10" Water main within projected alignment of N. 27 h along east boundary of roj ect. 27Davis Lane 12" Water main within projected alignment of Davis Lane along west boundary of ro'ect. Buckrake Street 20" SID 621 Projected - For internal distribution and collection, water and sewer mains will be constructed within the proposed public road R/W or utility easements. Phasing Development of the West Winds project will occur in phases and the water usage will increase according to the amount of residential development in each phase. Sizing of the water main infrastructure for the project Area will be based on a maximum potential development build-out (see Figure 6.1 —Water System Plan). A 12-year build-out is used for purposes of determining infrastructure demands. The 12-year build-out represents a reasonable time frame for build-out of the project and is conservative Page 6-3 E N 3 11 N E E R 1 NG --- --- --- --- --- --- ip ■1■1�1■ ■11�11�• %% 1 OHIO ■ENNEN II�1111 „ ■ INImill 2111 ■ jj �= a �= MM MN MINIM mill -� ■■rraVl■ ■■1■■ s t�irAFFORDABLE COMMUNITY CENTER j �IIN 1/ j �� % 111111 z; ' - SECTION'WATER WEST WINDS COMMUNITY -I- EXSnNG WATER LINE NW 114 BozemanM DaSING WATER VALVE E N 01 N E E it I N" PROPOSED WATER VALVE Engineering Inc. PROPOSED FIRE HYDRANT Bldg 920 ...o Muslim ■1■1■ mill 1■ ■11111WO MUM � ~ .■■I,N Edo► '01 ri■ �.� Oil COMMUNITY CENTER • /' COMMUNITYWEST WINDS :OPOSED SEWER .... v Bldg SANITARY SEWER • West Winds—Final PlanneRnit Development January 2008 in terms of estimating infrastructure and service demand. This 12-year build-out is equivalent to • an 8.3% straight-line growth. Miti ag_tion Based on the DRC comments from the pre-application submittal review and the Water System Report within Appendix J, the existing City water system has adequate capacity to serve the West Winds project. No off-site system improvements beyond completion of the adjoining perimeter water mains are anticipated for the project. b. Wastewater Collection and Treatment Project Area Wastewater Collection and Treatment Wastewater collection and treatment for the West Winds project will be provided by the City of Bozeman. Sewer mains are currently adjacent to, or bi-sect the project. Table 6.2 above summarizes existing mains. For internal wastewater collection, sewer mains will be built within proposed public road R/W or utility easements. Based on Section 14, "Reserved Sewer Capacity" of the above reference annexation agreement,the project has reserve sewer capacity of 307,200 average daily flow. West Winds is currently requesting sanitary sewer service for approximately 861 units. However, West Winds reserves the right to request additional services at a later date, if needed. • Phasin Development of the West Winds project will occur in phases and the wastewater generation will increase according to the amount of residential development in each phase. Sizing of the wastewater collection system for the project area will be based on a maximum potential development build-out(see Figure 6.2— Sanitary Sewer Plan). A 12-year build-out is used for purposes of determining infrastructure demands. The 12-year build-out represents a reasonable time frame for build-out of the project and is conservative in terms of estimating infrastructure and service demand. This 12-year build-out is equivalent to an 8.3% straight-line growth. Approximately 100 units, located in the northwest corner of the West Winds Planning area are unable to connect to the "Far West Trunk Main"because of trunk sewer main depth, topography and slope limitations. This will require the northwest corner of West Winds to connect into the future 21" diameter sewer main that will be located within Davis Lane. The City of Bozeman Wastewater Facility Plan, dated August 1998, recommends this future 21" diameter Davis Lane trunk main. As mentioned above the XL Annexation Agreement granted service and main capacity for the entire West Winds community into the"Far West Trunk Main". Based on preliminary conversations with the City of Bozeman Engineering Department staff and the XL Agreement, any sewer improvements funded by West Winds, required within Davis lane to • service the West Winds project will be eligible for impact fee credits. Page 6-6 � E N G IN E E R I N GW� West Winds—Final Plann•Unit Development • January 2008 Mitigation • Based on the DRC comments from the pre-application submittal review and the Sewer System Report within Appendix K, the existing City sewer system has adequate capacity to serve the West Winds project. No off-site system improvements are anticipated for the project assuming the Davis Lane trunk main is constructed in time for the northwestern phases of the project. c. Storm Drainage Background The project site is currently undeveloped and used for hay production. The site has no existing underground conveyance or storm water retention facilities. Either Cattail Creek which bi-sects the property north to south or the roadside ditch along the south side of Baxter Lane collects existing storm water runoff. The existing storm water exits the property through a culvert beneath Baxter Lane and continues to flow northerly via the irrigation lateral. Collection. Storage and Release The storm drainage system proposed for the West Winds Community is a combination of subsurface storm drain pipes, detention ponds and continued use of the abandoned irrigation lateral through the property. Figure 6.3 —Storm Water Plan shows the elements and configuration of the storm drainage system for the project. • The storm water collection and conveyance system will consist of a curb & gutter, catch basins and drainage pipes that will c nvey the storm water to a series of detention 2onds located throughout the project area. K The conveyance system will be design to flow the post-development 25-year storm event. w+>• 1 The detention ponds will ' regulate outflow to a 10- year pre-development rate. The ponds will also retention time providing for settlement of suspended solids, and biological removal of hydrocarbons.The storm water will be released to Cattail Creek to exit the project at the pre- Storm Water Outfall from West Winds development rate and location. • Page 6-7 ENGINEERING West Winds—Final Planned Unit Development • January 2008 Phasin • Phasing of the storm drainage system will be coordinated with the actual development phasing. In order to provide storm drainage for the initial phases of commercial development, construction of at least one of the detention facility cells will occur in the initial phase. Subsequent cells will be added as necessary to provide for adequate detention capacity. Impacts and Mitigation Measures Based on the DRC comments from the pre-application submittal review and the Storm water Report within Appendix L the proposed storm water facilities should effectively mitigate increase storm water flow generated by the project. No off-site system improvements are anticipated for the project. d. Roads Background Arterial and collector standard streets define the perimeter of the West Winds Planned community. Section 18.44.090 of the UDO restricts residential access onto arterial and collector streets. Therefore, all residential access within West Winds shall be onto internal local streets. Three primary items define the internal local street grid system: • • Sensitive Areas—Cattail Creek that bisects the project has jurisdictional wetlands (see Appendix F). The Corp of engineers through he 404 Permit process requires minimizing wetland impact. The internal local road system has been design to cross the wetlands at the narrowest points, meeting Corp requirements. • UDO Access— Section 18.44.090 of the UDO requires 660' and 330' access separation onto arterials and collectors, respectively. The internal local street grid has been design to meet these criteria where possible. • Existing Street Alignment—To promote neighborhood connectivity,the internal street system has been designed to match adjoining street alignments. The adjoining streets do not meet UDO access spacing requirements which has caused West Winds to request relaxations in access spacing(see Chapter 3, Subsection h. Requested Relaxations). • Page 6-8 � E N G IN E E R ING i - 15 / /////// //1///�_��///// % / ////////ter ____——— 7///�/ s /I. Viii_�:✓i iiviiiiiiiuiiiiiiiiiiiiiiiiiii - I oil milli MEMO mill mill MM ME mill ■■■1OI114;0 2111■ ■ ■■rsaf�■ ■■It■ �i 10001, 00 ---------------------------- WEST WINDS COMMUNITY 0� 111111 SECTION AND FLOW DIRECTION PROPOSED CATCH BASIN NEENING Engineering Inc. PROPOSED DEMN11ON POND STORM WA TER •• ...•. Blvd,Suite A PLAN CONSTRUCT DRAINAGE SWALE CONSTRUCT 4.0' WIDE x 0.5' BAXTER LANE ——— ————— —— —— —— —— DEEP OVERFLOW SPILLWAY RIGHT—OF—WAY WITH 6* MINUS 4'x6' RIP—RAP PAD (SBB) OUTFALL TO WATERCOURSE A O INSTALL PVC OUTFLOW PIPE oVY�i INSTALL FLOW CONTROL MANHOLE (ORIFICE TYP) VpQPG (RTD) INSTALL PVC INLET PIPE vyQ QJ p2 (CCH) (YTD) NOTES I. PLANT POND SLOPES AND BOTTOM WITH TURF (SOD) GRASS AND PROVIDE POSITIVE DRAINAGE TO OUTLET PIPE. 2. DETENTION PONDS ADJACENT TO BAXTER LANE SHALL BE DRY TYPE PONDS WITH LANDSCAPING INTEGRATED INTO STREET LANDSCAPE PLAN. STORMWATER WILL NOT BE ROUTED DIRECTLY THROUGH POND. RATHER STORMWATER WALL BACK INTO PONDS DURING 10—YEAR STORM EVENTS. POND WILL BE MOWED AND MAINTAINED AS A TYPICAL LAWN 20 0 20 40 AREA BY HOME OWNERS ASSOCIATION. s•:ale feet TYPICAL STORMWATER DETENTION POND (DRY POND) Scale 1.=20' STREET, PARK SIDE' ISLANDS- PENINSULAS AND WET1 AND SID • RED OR YELLOW TWIS DOGWOOD, OR THINLEAF ALDER. OR GREAT BASIN WILDR`E, OR FLAME WILLOW TUFTED HAIRGRASS S DE OSLOPES AAND ND BOTTOM 10 R q O KA1 TYPICAL DETENTION POND SECTION 0 i Not to Scale a c r i r x WEST WINDS COMMUNI T Y NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. GALLATIN COUNTY, MONTANA eNalNeeKINc HKM Englneering Inc. BAXTER LANE STORMWATER Nopper Technology Bldg 920 Technology Blvd,Suite A DETENTION PONDS Bozeman,MT 59718 (406)586-WU FIGURE 6.3.A 'g FAX(406)586-1730 6 DATE JAN.23,2008 PROJECT NO.045'067.125 Copyright 0 2007 HKM Engineering Inc..All Rights Reserved West Winds—Final Planned Unit Development 0 January 2008 p �'Y • Road Improvements Connection to the existing City transportation network will be by existing and proposed arterials, collectors, and local streets. Perimeter streets shall be designed and constructed in compliance with current City Standards and the City Transportation Plan. Table 6.3 summarizes off-site roads that will connect West Winds to the transportation network. Table 6.3—Off-Site Connecting Roadwaysl Street Standard Status/Improvements Oak Street Principal Existing: Fully constructed to east of West Winds, constructed to '/2 Arterial road standard along south boundary of West winds. Improvements: West Winds to construct remaining north %2 of road section along south boundary of community to a principal arterial standard as shown in the "Greater Bozeman Area Transportation Plan 2001 Update", matching the adjoining road improvements installed by Harvest Creeks Tschache Local Existing: Fully constructed adjacent to Home Depot. Lane Street Improvements: West Winds will construct Tschache Lane to a 37' width local street standard within the project. Tschache Lane has been planned to align with a local street in Baxter Meadows • Subdivision to provide connectively to the local street grid system, subject to Engineering and Planning Department review and approval. Vaquero Local Existing: Vaquero Street has been permitted but not constructed in Street Street conjunction with Baxter Meadows Subdivision. Improvements: West Winds will construct Winter Park Street to a 33' width local street standard within the project. The street pattern in the West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. Baxter Minor Existing: Constructed to rural standard. Lane Arterial Improvements: West Winds to up-grade south %2 of roadway adjacent to project to a minor arterial standard matching the road section built by Baxter Meadows.4 Fowler Minor Existing: Constructed to rural gravel standard north of West Winds. Avenue Arterial Improvements: West Winds to construct east '/z adjacent to project (aka Davis to a minor arterial standards Lane) ' See Appendix I for Road Sections • 2 PUD Approval Condition No. 19 3 PUD Approval Condition No.20,Condition No.4 of Modified PUD 4 PUD Approval Condition No. 19 5 PUD Approval Condition No. 19 Page 6-11 E N G IN E E R I N� West Winds—Final Planned Unit Development January 2008 p �'Y • North 27 Collector Existing: Constructed to south of West Winds. Avenue Street Improvements: West Winds to construct west %2 adjacent to project to a collector street standard.6 Buckrake Local Existin : Constructed to south of West Winds. Avenue Street Improvements: West Winds will construct to local street standard within project. Hunters Local Existing: Constructed to south of West Winds. Way Street Improvements: West Winds will construct to 40' local street standard with Bike Route signage7 within project. In conjunction with off-site road improvements West Winds will provide and file with the County Clerk and Recorder's an executed Waiver of Right to Protest Creation of.Special Improvement Districts SID's) for the following:8 a. Signalization of the intersection of West Oak and North 27t'Avenue. b. Signalization of the intersection of West Oak and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27t'Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The filed waivers shall specify that in the event an SID is not utilized for the completion of these improvements, West Winds agree to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis based on area,taxable value, traffic contribution or a combination thereof. Internal lot access will be provided by a local street grid system. Internal public streets will be designed and constructed in compliance with City Standards. The public streets will be either 33', 35',37 or 40' in width(see Figure 6.4—Road Plan) with curb & gutter and sidewalk. Private streets within multi-family areas shall be 21' wide curb & gutter. During construction, industry standard best management practices (BMP's) will be implemented for erosion and dust control. Typical practices include: liberal use of water trucks for dust control and silt fence and straw bales for erosion control. • 6 PUD Approval Condition No. 19 7PUD Approval Condition No.3 8 PUD Approval Condition No. 16 Page 6-12 E NGIN EE R INM ' i pap. �f1Ili on in ,,//// D, = HE '� MINIM 1111111■ monsoon IIIIIII mill� o/ MIIIIIIIIIIIIIIIIII MMI ME mill Millis mills AFFORDABLE 131/1. ALIGNMENT THIS SEGMENT OF BREEZE LANE MAY VARY AND MA" BE PRIVATE STREET BASED ON SHE PLAN REVIEW 0 R A LIVING AREA' Em ON #12 OF Z-07141, ANY ji REOUEST FOR BREEZE LA�JE WEST OF \MNDWARD AVENUE To BE'DEVELOPED AS %•. A PRIVATE STREET AT LEAS THAN CITY STANDARDS SHALL BE REOEWEO THROUGH A FUTURE APPL.CATIOA-FOR-- MODIFICATION T THE COKOITIONAL USE ®Mi= 0 /All PERMIT FOR WEST WNDS F.U.D. ----- - - - - - - - - .. ....... . -------------------------- ��T�E WEST WINDS COMMUNITY PROPOSED ROAD RIGHT OF WAY PROPOSED ROAD CENTERUNE NW 114 SECTION PRINCIPLE ARTERIAL GALLATIN COUNTY, MONTANA MINOR ARTERI COLLECTOR 1kKM Englneeflng Inc. 4V LOCAL STREET -4opper Technology Bldg C=� 37 LOCAL STREET 3W LOCAL STREET 920 Technology Blvd,Suite A 3Y LOCAL STREET Bozeman,MT 59718 Y (406)586-8BU now""; FAX(406)586-1730 PROJECT NO.04SO67.1125 0 i West Winds—Final Planned Unit Development January 2008 Public streets shall be maintained by the City of Bozeman. The Homeowners Association will • maintain private streets. Appendix I contain the proposed road section for the internal and perimeter roads associated with West Winds. Phasiniz Road improvements will be phased based on subdivision phasing. e. Parks Background The West Winds Community proposes to have an extensive park corridor(hereafter referred to as West Winds Park)that will split the project north to south. West Winds Park will include both passive and active areas, an extensive trail system that is in compliance with the 2020 Trail Plan. The West Winds project is situated between two community park areas; Rose Park(18.5 acres) to the east and the 100-Acre Regional County Park to the west(See Figure 6.5 —Regional Park Plan). Both of these parks, when completed, are intended to be community facilities serving the greater Bozeman • area. Rose Park is currently undeveloped,the 100-Acre Regional Park is under construction and a YMCA �•r facility is proposed for the southeast corner of the park = 21 area. , • .v On-Site Park Facilities �tiY The West Winds Park is the `�' �► rim ark facility primary Y(See Figure 6.6—Park/Trail Plan). West Winds Park Vegetation Corridor West Winds Park lies north to south through the center of the community, with a gross area of 27.74-acres dedicated for public use. West Winds Park was designed to meet a variety of design requirements, which include (See Appendix M for Park Plan): ■ Preservation critical lands -- The park configuration has empathized preservation of Cattail that bisects the property south to north. Feed by groundwater Cattail Creek has fostered the growth of wetland species creating a jurisdictional wetland corridor through the property (See Wetland Study Appendix F). This wetland corridor has intrinsic • aesthetic and passive recreational value that has been preserved.No existing mature vegetation within the watercourse, wetlands,park and along the Section Line Ditch will be removed from the site unless approved by the city of Bozeman Planning Office. The Page 6-14 EN OINEEIIN v West Winds—Final Plannefnit Development 0 January 2008 Final Landscape Plan shall depict existing and proposed vegetation as well as proposed • vegetation to be removed.9 • Preservation of storm run-off canal—Cattail Creek also provides for surface water collection and drainage for a substantial area starting at the ditch head-gate just south of the Gallatin Valley Mall, north through the project. • Community trail connectivity-- West Winds Park is directly north of the Harvest Creek Subdivision park and trail system. This allows for direct connectivity to the trail system through Harvest Creek that continues southerly for approximately 2 miles to the Gallatin Valley Mall. A trail will also be constructed from North 27th Avenue to Davis Lane away from streets and in addition to sidewalks allowing for the future connection of Rose Park and the 100-acre Regional Park10. The trail system proposed by West Winds is in compliance with the 2020 Trail Map (See figure 6.7—Regional Trail Plan). • Passive recreation—Portions of the proposed trail system(south end of park) will lie adjacent to the wetland areas and the associated mature vegetation. This-3rovides for a natural passive trail environment for the users. • Active recreation—The - north end of the park is vv�� primarily open area. This area will be designated as active recreation areas. 'I • Intended uses include such activities as youth soccer practice fields. • To allow the residents of Bozeman access to the park by public road frontage,transit stop accessibility and trail system connectivity. • Maximize public road frontage— Section 18.50.060 of the UDO requires at a minimum 50%road frontage onto public parks. West Winds Park will provide a minimum of 70% public road frontage. • Maximize maintenance efficiency—By aggregating the majority of the required park area into the large 27-acre West Winds Park verses numerous small pocket parks, maintenance efficiency will be significantly improved. This is achieved by reducing the mobilization effort required in moving equipment from park to park, and having a single large irrigation system instead of several system with redundant wells and controllers. • 9 PUD Approval Condition No.23,Modified Condition No.2 io Final PUD Approval Condition No. 1 Page 6-15 f Lz� \ el IL�.—.� WES T WINDS 11 <WES T WI DS COMMUNITY PA PE HAXOiR Ll 6 BAY.TEA t]7 E hwmsn MET mppp 100-ACRELl REGIONA ` PARK __ ® RIO SE f- RK I fff' t �-4—� 3`J:L•r3.1:<.i�ynULLAH 1RE Noknra THmT I i •30CDbtOtOD W SCU `� i T<ii, DAI.. DR r 7t r 11• b. *'_--.aatl_--��''YY' I• u.` f Y OF. � ,t ,A N IE I• i RO ST &T ' I • •� EAIXrH ST � p ` _ ODI S• rt � I 17 �"•`i— ,GREENWAY I p T1 N �.—.._a ;� � �I : � I �. a�j � ✓ - w a i 1 ��.tnDeeAv X � nr ffiZlrl s.J c cs a r _ w s sma sr lei- I t51 f �� j .11 • ( _ o ;BABCO CK <BABCOCI4MFADUW$ a° � �1t ` ' ki� 1V BY C'RFEIC I /~A YL y 1� }� ,,.—.�t-i-. w'}1 i WEST WINDS COMMUNITY Y In NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. GALLATIN COUNTY, MONTANA ENGINEERING KM Engineering Inc. upper Technology Bldg REGIONA L PA RK PL A N R 920 Technology Blvd,Suite A Bozeman,MT 59718 (406)586.8834 1000 0 1000 FIGURE 6.5 a FAX(406)586-1730 scale lest DATE JAN.23,2008 PROJECT N0.045087.128 Copyright 0 2008 NKY Engineering Ine.,All Rights Rem—& � %� � /111111111 ■ IIIIIII 11111� � �/ �_ :■ ■: / milliI oil oil mill - ■ 111110111 �■ MEN,_ % '!,,', COMMUNITY CENTER 'W/1"t �� ■ice ajz 111111 • �:iaa OF • WEST WINDSCOMMUNITY PROPOSED PARKS GALLA TIN COUNTY, MONTANAPROPOSED LOT LINE PROPOSED PUBLIC COMMON OPEN SPACE -N- • I PARK TRAIL " Bozeman,920 Technology Blvd,Suite A 1. FAX 1. 1 0 a a q ti e I to ■ ■ • ■ CA7PA7I as W 4 i ■ q • r • a WES T WINDS COMMUNI T Y Al DEYD.L 3] • N ❑ ®® ®® RA7 �= was o WS DT. ; L f t z n I A)lN L11B D • s t > o F � r !a H q } q a 2 C 4 a � X X I N '•' t F li uT i W BA C a6. Lwp Zr (� i P VAAO 9 I 0 i 0 LEGEND WEST WINDS COMMUNI T Y _ PROPOSED wESTMTNDS TRAIL SmELI NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. E)OSTINO ADJOINING TRAIL SYSTM GALLATIN COUNTY, MONTANA eNGINee RING Aiiiiiiiiiiiii Engineering Inc. opper Technology Bldg REGIONA L TRA IL PL A N 920 Technology Blvd,Suite A N—bs — PROPOSED 2020 Bozeman,MT 59118 TRAIL PLAN n N#vff bb'af SdRffm.f RfOw g (406)586-8834 N�«.. f ."�•^ FIGURE 6.7 a FAX(406)586-1730 I000 o 1000 6 scale feet DAIS JAN.23,2008 PRO.ECT N0.045087.125 coppighl 0 2008 NKN Engin—Ing Ina,AR Right.Reserved West Winds—Final Planned Unit Development Jan 2008 p �' Park Statistics Tables 6.4 and 6.5 below summarize park area provided and required under Section 18.50.020 of the UDO. Cash-in-lieu of parkland shall be paid on a subdivision phase by phase basis. Table 6.4—Park Area Provided 'Description Area (Ac.,) Gross West Winds Park Area 27.74 Less Watercourse Setbacks (Public Open space) 8.18 Less Stormwater Retention Areas 0.90 Total Net Park Area Provided 18.66 Table 6.4.a—Park Area Provided By Phase Phase I Phase II Phase III Phase IV Phase V Phase VI 'Phase VII Phase VIE Total Dedicated Park Area 3.788 6.119 0.14 0 2.122 0 7.39,4 0 19.563 Stormwater Easement within park Area 0 0.411 0 0 0 0 0.492 0 0.903 Total Less Storm Easement 1 3.788 5.708 0.14 0 2.122 0 6.902 0 18.66 • • Page 6-19 ENGINEERING West Winds—Final Planned Unit Development January 2008 i p � Table 6.5—Park Area Required • Land Use Net Estimated Park Area Land Area Dwelling Required (Ac.) Units (Ac.) Senior Residential Multi-Family 240 7.20 Skilled Nursing Facility (Congregate Care) (see note#3) 150 - 200 0.00 Residential Single-Family 210 6.30 Town-House 124 3.72 Multi-Family Standard 68 2.04 Multi-Family Affordable (see note#2) 4.62 69 0.51 Other Uses Community Center NA NA Total 711 19.77 Table Notes: 1. Park area required based on 0.03 Ac./DU for Single Family, Townhouses and standard multi-family. 2. Park area required based on 11% of net area affordable housing. Should multi-family affordable parcel be developed with standard "non-affordable" units park area shall be calculated using .03 /Acd D.U. 3. Skilled Nursing Facility(congregate care) does not require parkland allocation 4. Total dwelling unit count excludes Skilled Nursing Facility(congregate care) • Page 6-20 ENGINEERING West Winds-Final Planned Unit Development January 2008 Table 6.5.a-Park Area Required By Phase • ..«.» "�9.,..,- s:Y.. .-I w .wy« ~'Hari-a M i v- r..r.r», *. ,;-"�fi'i"a, r:-�f}:tP.�3^,T W wu.. :. : . Phase I'.. .." Phase II .. Phase III{ ._ Phase IV Units Park Area Units Park Area Units Park Area Units Park Area Single Family Lots 39 1.17 26 0.78 9 0.27 0 0.00 Townhouses 38 1.14 86 2.58 0 0.00 0 0.00 Standard Multi-Family 68 2.04 0 0.00 0 0.00 0 0.00 Affordable Multi-Family(11% 0 0.00 69 0.511 0 0.00 0 0.00 Senior Multi-Family 0 0.00 0 0.00 124 3.72 36 1.08 Senior Assisted Living (congregate care) 0 0.00 0 0.00 01 0.00 150-200 0.00 Total 1451 4.351 181 3.87 1331 3.991 186 1. 88 w� Ptiase V Phase,VI. °. P1iase;VII •�: �w Phase rz �' �VIII Units Park Area Units Park Area Units Park Area Units Park Area Single Family Lots 17 0.51 56 1.68 45 1.35 18 0.54 Townhouses 0.00 0 0.00 0 0.00 0 0.00 Standard Multi-Family 0.00 0 0.00 0 0.00 0 0.00 Affordable Multi-Family(11%) 0.00 0 0.00 0 0.00 0 0.00 Senior Multi-Family 80 2.40 0 0.00 0 0.00 0 0.00 Senior Assisted Living (congregate care) 0.00 0 0.00 0 0.00 0 0.00 Total 1 971 2.911 561 1.68 451 1.351 18 0.54 m, "�� Totals, meµ, Units Park Area • Single Family Lots 210 6.30 Townhouses 124 3.72 Standard Multi-Family 68 2.04 Affordable Multi-Family(11% 69 0.51 Senior Multi-Family 240 7.20 Senior Assisted Living 1150-200 0.00 Total 711 19.77 Notes: 1.Park area required based on 0.03 Ac./DU for Single Family,Townhouses,standard multi-family and senior multi- 2.Park area required based on 11%of net area affordable housing. Should multi-family affordable panel be developed with standard"non-affordable"units park area shall be calculated using.03/Acd D.U. 3.Skilled Nursing Facility(congregate care)does not require parkland allocation 4.Total dwelling unit count excludes Skilled Nursing Facility(congregate care) f. Public Safety Backsuound This subsection includes preliminary discussions of fire protection,police, emergency medical response and emergency road access. Fire protection will be provided by the Bozeman Fire Department. The Fire Department also provides emergency service response. The closest existing fire station is located on South 19t' approximately 2.5 miles from the project area. A new fire station site has been procured directly • adjacent to the PUD within Baxter Meadows on Vaquero Street. A new fire station is anticipated Page 6-21 ENGINEERING West Winds—Final Planned•Unit January Development Janu 2008 P to be completed on the site in the near future. The Bozeman Fire Department is a municipal • department with a paid professional staff. Police protection will be provided by the Bozeman Police Department. The Bozeman Fire Department is also a municipal department with a paid professional staff. Planning Area Public Safety The following fire protection and emergency service response measures for the Planning Area are incorporated into the PUD. Fire hydrants (installed per City Standards) will be provided at strategic locations throughout the planned community. The precise number and locations will be determined by the City Engineering Department. g. Historic or Archeological Resources At the applicant's request, a record search was conducted by the Montana Historic Preservation Office to determine if any sites of historical of archeological importance were located within the project area. According to the Society's records there have been no previously recorded historic or archaeological site in the project area. However, the Society was concerned that no detailed inventory had been conducted in the area and recommended a cultural resource inventory be conducted to insure no cultural resources are impacted. In the summer of 2004 Garcia • Axxociates conducted a Cultural Investigation and found no features of cultural significance. h. Schools Background The West Winds Community is located within Bozeman School District No. 7. Existing schools in close proximity to the project include Emily Dickinson Elementary School (K-5th), Chief Joseph Middle School (6 — 8th) and Bozeman Senior High School (9th— 12th). The Bozeman School District was contacted requesting comment on the proposed West Winds project (letter&project overview). Mr. Gary Griffith, Supervisor Maintenance and Operations responded in writing on December 4, 2003 (see Appendix A). Mr. Griffith provided the following information for estimated student populations. Table 6.6—District Estimated Additional Students Grade Level Number of Students K-5 198 6-8 99 9-12 132 • Page 6-22 "G1 �E E R I N G West Winds—Final Planne?Unit Development January 2008 P �'Y Table 6.7—District Estimated Available Sp aces • Grade Level Number of Students K-5 66 6-8 150 9-12 49 Mr. Griffith's response was for a 1,011-unit development and no consideration was.given for the senior portion of the project. The current West Winds project is for a 861 units of which approximately 400 units are within the senior areas. The senior portion of the project will not generate students or impact the local school system. Based on the current unit count of non- senior areas, we anticipate the following number of students entering the local public schools at full build-out of the project. Table 6.8 -Anticipated Students Ad'usted) Grade Level Number of Students K-5 102 6-8 51 9-12 68 Phasin The increase in student enrollments would occur over the time period that would be required to reach full build-out. Using the data cited above and a projected 12-year build-out of the project, the maximum annual average increase in new enrollments would be 18.4 students per year. Facilities necessary to accommodate this enrollment increase would be part of the facilities plan for the School District. Additional school capacity will be needed to accommodate enrollments resulting from all other development in the Bozeman area. i. Telephone Service Background Qwest provides telephone service to the Bozeman area. Preliminary Planning Area Telephone Service Information Assuming 2 service connections for each of the 960 residential units there would be 1920 new connections within the project Area. A 12-year build-out would generate 160 new connections per year. Projected Impacts and Mitigation Measures, Including Phasing • Qwest has sufficient capacity to serve the project area. Page 6-23 E N G I N E E R I N G West Winds—Final Planned Unit Development January 2008 p az'Y • j. Electrical Service Background The Northwest Energy provides electrical service to the Bozeman area. Preliminary Planning Area Electrical Service Information Assuming one service connection to each of the estimated 810 single and multi-family units, and a single large service to the skilled nursing facility,there would be approximately 811 new connections within the project area. A 12-year build-out would generate 68 new electrical service connections per year. Phasing The provision of electrical service would occur as a function of the phasing and build-out. Projected Impacts and Mitigation Measures, Includin Pg hasing Northwest energy has sufficient capacity to serve the Planning Area as described in this Master PUD. • • Page 6-24 � 'E N G IN E E R ING i b b CD a • � r . - > A P P E N . MASTER PUD SITE PLAN X 1 • • I i • � b b • c • �. �e' ' N i i i I • I A P P _ o E SOUTHWESTERN RESIDENCE ALTERNATIVE I 1 . ZI . ......... !V o". BA X TER LANE_ (MINOR A R TERIA L) co w ir HEDGEROW COURT 0 x M TRADE WIND LANE TRADE WIND LANE w Z FLURRY LANE tE 0 0 Z Z Z co f--IT ------------------- TSCHACHE LANE TURBULENCE LANE co AFFORDABLE AUTUMN GROVE STREET ( Q 69 COMMUNITY CENTER TSCHACHE LANE Z WESTWIND W IE C1 WINTER PARK STREET U z j 41 4 BREEZE LANE -4 o BREEZE LANE w tE Z Uj 0 Z i W Q Fl-2-41 COBBLESTONE P co COMBINED 0,Z 1_5 Z 0 L—A V SOUALL LANE co TEMPEST COURT 22-1 .4 A LQ L A —-—-—-—-—-—- -—-—-—-—-—-—-- P).7. _CIP�odl .1.7 T_E/?1A L) ISTREE T h nod A — -—-—-—-—-— CD CD (U C) CU R 3: J E i 14 T E_171 0 F, S 2 LEGEND WEST WINDS COMMUNITY -9 PROPOSED TRAIL SYSTEM N W 114 SEC TION 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINE PROPOSED PARKS CALLA TIN COUNTY, MONTANA ENGINEERINGA WME N e HUM PROPOSED PUBLIC COMMON OPEN SPACE N - _j < F . _ i-,­ 4L_' �_ EXISTING WETLANDS HKM Engineering Inc. L� I SINGLE FAMILY HOUSING P. U. D. PL A At C11 Nopper Technology Bldg I SENIOR ASSISTED LIVING 920 Technology Blvd, Suite A RM TOWNHOMES SW RESIDEN TIA L A L TERNA TI VE CD Bozeman, MT 59718 MULTI—FAMILY F-i 77= COMMUNITY CENTER (406) 586-8834 FIGURE 2. 1.A V) NUMBER OF NON—CONGREGATE 200 0 200 35 FAX (406) 586-1730 CARE DWELLING UNITS scale feet DATE: FEB. 12, 2008 PROJECT NO. 04S067.125 C3 Copyright @ 2008 HKM Engineering Inc., All Rights Reserved. i I b a. I� W • P OWNER'S CERTIFICATIQN OF E ACCEPTANCE OF CONDITIONS �T FINAL PLTD APPLICATION FORM D SID WAIVER. I 1 3 Doer: PROFCASH Check: 1208 { Date: 11/30/87 02 Reept no: 83763 CHECK $500.00 Amount tendered $500.00 PAY TO THE ORDER OF FIRST SECURITY DANK FOR DEPOSIT'ONLY ACCT #10008860 CITY OF BOZENAN ` * CUSTOMER RECEIPT Ooer: PROFCAW Type: EP Drawer: 1 Date: 11/30/07 02 Receipt no: 83763 Description Ouantity Aniount rv' ZE DPCD: PUD-FINAL PLAN 1.00 • $500.00 CASCADE DEVELOPMENT INC Tender detail CK CHECK 1208 $500.03 Total tendered $500.00 Total payment $500.00 Trans date: '12/03/07 Time: 9:35:47 THANK YOU! 0 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M.Stiff Professional Building hg a 406-582-2260 „i 20 East Olive Street 1 �` � {ax 406-582-2263 P.O. Box 1230 J planning@bozemon.net Bozeman,Montana 59771-1230 DEC 0 IJT '� .bozemon.net 3 2007DEVELOPMENT REVIEW APPLI DEPARTMENT OF PLAN'vfP;,; I NARll IAl1TV-- _ • � rwitNl i.Name gf Project/D.evelopment: West Winds Planned Unit D e v e l o p m e n t 2.Property Owner Information: Name: Cascade Development, Inc . E-mail Address: jdunlap@cascadehomes . com Mailing Address: 3 8 2 5 Valley Commons Dr. Suite No. 4 Phone: Bozeman MT 59718-6436 FAX: (406) 585-9230 (406)556-1257 3.Applicant Information: Name: Same As Owner E-mail Address: Mailing Address: Phone: FAX: 4.Representative Information: Name: HKM Engineering, Inc . E-mail Address: clitle@hkmine .com Clint Litle, P.E. Mailing Address: 920 Technology Boulevard, Suite A Bozeman, MT 59718 Phone: (406) 586-8834 FAX: (406) 586-1730 5.Legal Description: NW 1/4, Section 2, T2S, RSE, P.M.M. 6.Street Address: NW Quad .of Intersection Oak St . and N. 27th Nve . I 7.Project Description: 161 . 3 Acre (Gross) Mixed Use Residential Planned Unit Development 8.Zoning Designation(s): R 3 9.Current Land Use(s): AG (hay) ti 10.Bozeman 2020 Community Plan Designation: R e s i d e n t i a l J F11.Gross Area: Acres: 161 . 3Square Feet: 12.Net Area: Acres:8 5 . 17 Square Feet: L_ Page 1 Appropriate Review Fee Submitted ❑ j 13. Is the subject site within an urban renewal district? ❑ Yes,answer question 13a :EJ No,go to question 14 13a.Which urban renewal district? ❑Downtown ❑ Northeast(NURD) ❑ North Ph Avenue 14.Is the subject site within an overlay district? ❑ Yes,answer question 14a ❑ No,go to question 15 14a.Which Overlay District? ❑Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? �] Yes,list UDO section(s): ❑ No 16.Application Type(please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—PrelirnJ at Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site Fx]Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of plan Approved.On/After 9/3/91 ❑R Planned Unit Development—Master Plae ❑D.Reuss Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plaa/COA ❑U.Subdivision Fatal Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑R Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X Zoning Map Amendment . ❑J.Preliminary Master site Plan ❑Y.Unified Development Ordinance Text Amendment •� ❑K Conditional Use Permit ❑Z.Zoning Variance ❑L Conditional Use Permit/COA AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other. This application must be accompanied by the appropriate cheddist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper nor smaller than 8'/:- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8Y2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s)-and the property owner(s)(f different)before the submittal will be accepted. As indicated by the sigaarure(s) below, the applicants) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any'work undectakm to complete a developmenr approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BMC). I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: L10 J I Y�, 7— _ Date: I �d (� Applicant's Signature: Date: Property Owner's Signature: J ` = Date: l �a 0 �— r Property Owner's Signature: Date: C Page 2 (Development Review Application—Prepared 11/25/(13;Amended 9/17/04,5/1/06) PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable)must be explained in a narrative attached to the checklist. Incomplete submittals will be retumed to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, ❑ ❑ Cl major streets and other significant features on the site and within one-half mile of the site 3• A computation table showing the site's proposed land use allocations by location and ❑ ❑ ❑ as a percent of total site area B. ❑ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: a. Application forms ❑ ❑ ❑ •� b. A list of names of all general and limited partners and/or officers and ❑ ❑ ❑ directors of the corporation involved as either applicants or owners of the planned unit development C. Statement of applicable City land use policies and objectives achieved by the ❑ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ❑ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all ❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial Cl ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑ ❑ ❑ applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require,or the applicant may choose to submit,evidence that is beyond what is required in that section.Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character ❑ ❑ ❑ are being avoided or mitigated j. Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) PUD Preliminary Plan Information,continued Yes No I N/A 1. The following information shall be presented in an 8'/s-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the follow�ng order: k. A development schedule indicating the approximate date when construction ❑ ❑ ❑ of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑ ❑ graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑ ❑ ❑ including materials and techniques used, such as screening, fences,walls and other landscaping C. Attorney's or owner's certification of ownership ❑ ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map ❑ ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑ ❑ ❑ b. Treatment of curbs and gutters,or other storm water control system if other ❑ ❑ ❑ than curb and gutter is proposed C. Sidewalk systems ❑ ❑ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑ ❑ City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC b. -Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ ❑ feet of the site G. If the project involves or requires platting,a preliminary subdivision plat,subject to ❑ ❑ ❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines,and shall address impacts upon surrounding land uses.The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.0501, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑ ❑ ❑ under question, the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner's ❑ ❑ ❑ A_- association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 C. 0 Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A I. A list of names of all general and limited partners and/or officers and directors of ® ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan. If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to•equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) laz ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ® ❑ ❑ C. Attorney's or owner's certification of ownership [X] ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ ❑ conformance with the preliminary plan B y p l a n n i n g o f f i c e e. Owner's certification of acceptance of conditions and restrictions as set forth ® ❑ ❑ on the site plan S. A final landscape plan consistent with the conditions and restrictions of the ® ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4: An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits See note 1 below •) 5. Prior to submission of the final plan to the DRC and ADR staff,engineering plans ® ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City See note 2 below 6. A plan for the maintenance of open space, meeting the requirements of Section ® ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan See covenants 1 . ) Subdivision Phases I ,. II , & III have been submitted and filed . Phases IV — VIII are pending . 2 . ) Subdivision Phases I—III improvements designed , approved , and constructed phases IV—VIII pending . I { Page 5 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked"No"or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board(DRB)Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board(DRB)Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures ® ❑ 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or ❑ Fil industdalspace Assisted senior facility under seperate sit a plan 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, ❑ 91 permitted service commercial uses,permitted industrial uses or permitted combinations of uses s a m 6 as t 2 4. 20,000 or more square feet of exterior storage of materials or goods s am e as #2 ❑ El 5. Parking for more than 60 vehicles same as #2 ❑ B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1• Location map,including area within one-half mile of the site ® ❑ ❑ 2. List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) ® ❑ ❑ 3. A construction route map shall be provided showing how materials and heavy equipment will ❑ ® ❑ travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety Addressed in PhaseD.W'Sub ivis on pplt ' cation 4. Boundary line of property with dimensions a ❑ ❑ 5. Date of plan preparation and changes ® ❑ ❑ 6• North point indicator ® ❑ ❑ 7. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet ® ❑ ❑ 8• Parcel size(s)in gross acres and square feet © ❑ ❑ 9• Estimated total floor area and estimated ratio of floor area to lot size(floor area ratio,FAR), ❑ ❑ with a breakdown by land use Senior assisted facility to be s. bmitl ed ande 10. Location,percentage of parcel(s)and total site,and square footage for the following separate Site p 1 a app . a. Existing and proposed buildings and structures ❑ ❑ El b. Driveway and parking To be addressed in future site ❑ ❑ C. Open space and/or landscaped area,recrea submittal areas,public and semipublic land, ❑ ❑ ❑ parks,school sites,etc. d. Public street right-of-way [ ❑ ❑ 11. Total number, type and density per type of dwelling units, and total net and gross residential ❑ ❑ ❑ density and density per residential parcel 12. Detailed plan of all parking facilities,including circulation aisles, access drives, bicycle racks, I]I ❑ Q compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage ofeach To be addressed in future site plan submittaqls Page 3 (Site Plan Checklist—Prepared 12/05/03;revised 9/22/04) Site Plan Information,continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water 1 ® ❑ ❑ quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway(where appropriate) ® ❑ ❑ b. The downstream conditions(developed,available drainageways,etc.) ® ❑ ❑ C. Any downstream restrictions © ❑ ❑ 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant [� ❑ ❑ topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details Q ❑ ❑ and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, ❑ ❑ 0 parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance To be addressed in future site plan sub i t t i s 14. Fences and walls,including typical details see Covenants © ❑ I ❑ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review © ❑ ❑ for compliance with Chapter 18.52,BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas,including typical details f u t u r e B i t e e c i f i c ❑ ❑ 17. A site plan,complete with all structures,parking spaces,building entrances,traffic areas(both ❑ ❑ Ga vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R,BMC(Lighting Plan),if not previously provided s e e #16 a b o v 18. Curb,asphalt section and drive approach construction details ❑ ❑ 19. Landscaping-detailed plan'showing plantings,equipment,and other appropriate information ® ❑ ❑ as required in Section 18.78.100,BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20. Unique natural features,significant wildlife areas and vegetative cover,including existing trees ❑ ❑ and shrubs having a diameter greater than 2.5 inches,by species s e e #16 a b o v e 21. Snow storage areas ® ❑ ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning ® ❑ ❑ Jurisdiction,within or near the development 23. Existing zoning within 200 feet of the site ❑ ❑ ❑ 24. Historic, cultural and archeological resources, describe and map any designated historic ® ❑ ❑ structures or districts,and archeological or cultural sites 25. Major public facilities,including schools,parks,trails,etc. ® ❑ ❑ 26. The information necessary to complete the determination of density change and parkland Q ❑ ❑ provision required by Chapter 18.50, BMC, unless such information was previously determined by the City. to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application.If a new park will be created by the development,the park plan materials of Section 18.78.060.P,BMC shall be provided. 27. Describe how the site plan will satisfy any requirements of Section 17.02, BMC (Affordable ® ❑ ❑ Housing)which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan.The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17, Chapter 2,BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. Page 5 D. Landscape Plans. If a landscape plan is required,the following information shall be provided on the landscape plan: iLandscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the ® ❑ ❑ property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot ® ❑ ❑ 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the E] ❑ ❑ location of any 100-year floodplain;the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys,utility easements,utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description ® ❑ ❑ 5. Location,height and material of proposed screening and fencing(with berms to be delineated ❑ ❑ FKI by one foot contours) No screening of f anyJAIIf° l a n s 6. Locations and dimensions of proposed landscape buffer strips,including watercourse buffer ® ❑ ❑ strips see watercourse planting plan 7. Complete landscape legend providing a description of plant materials shown on the plan, ® ❑ ❑ including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation,heights,spread and spacing.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking ❑ ❑ El and loading areas,including information as to the amount(in square feet)of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces site plan landscaping to be addressed n future sub . 9. An indication of how existing healthy trees (if any) are to be retained and protected from 13 ❑ ❑ damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water ❑ ❑ 10 features future site plans to address specific sites 11. A description of proposed watering methods park plan © ❑ ❑ 12. Location of street vision triangles on the lot(if applicable) park plan. a ❑ 11 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape ❑ ❑ Performance Standards) Future site plans 14. Designated snow removal storage areas Future site plans ❑ ❑ 15. Location of pavement,curbs,sidewalks and gutters City streets only 0 ❑ I ❑ 16. Show location of existing and/or proposed drainage facilities which are to be used for 0 ❑ ❑ drainage control 17. Existing and proposed grade ® ❑ ❑ 18. Size of plantings at the time of installation and at maturity © ❑ ❑ 19. Areas to be irrigated ® ❑ ❑ 20. Planting plan for watercourse buffers,per Section 18.42.100,BMC (Watercourse Setbacks),if Q ❑ ❑ not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not ❑ ❑ otherwise provided by the application. Show open stairways and other projections from exterior building walls Future site plans to address Page 6 General Information,continued Yes No N/A OD 13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless ® ❑ ❑ such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed,or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the ® ❑ ❑ suitability of such soils for the intended construction and proposed landscaping 15. Building design information(on-site):B e l ow to be addressed in future site plan $uubmi.tta1s a. Building heights and elevations of all exterior walls of the building(s)or structure(s) ❑ ❑ fc] b. Height above mean sea level of the elevation of the lowest floor and location of lot ❑ ❑ Kc] outfall when the structure is proposed to be located in a floodway or floodplain area C. Floor plans depicting location and dimensions of all proposed uses and activities ❑ ❑ E 16. Temporary facilities plan showing the location of all temporary model homes, sales offices ❑ ❑ E] and/or construction facilities,including temporary signs and parking facilities S e e #15 a D o v e 17. Unless already provided through a previous subdivision review,a noxious weed control plan ® ❑ ❑ complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC © ❑ ❑ (Supplementary Documents) C. Site Plan Information. The location,identification and dimension of the following existing and proposed data,onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: •� Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning ® ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to Q ❑ ❑ major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 0 ❑ ❑ 4. Ingress and egress points ❑x ❑ ❑ 5. Traffic flow on-site Q ❑ ❑ 6. Traffic flow off-site ❑x ❑ ❑ 7. Utilities and utility rights-of-way or easements: a. Electric ❑x ❑ ❑ b. Natural gas ❑x ❑ ❑ C. Telephone,cable television and similar utilities Q ❑ ❑ d. Water Q ❑ ❑ e. Sewer(sanitary,treated effluent and storm) 0 ❑ ❑ 8. Surface water,including: a. Holding ponds,streams and irrigation ditches Q ❑ ❑ b. Watercourses,water bodies and wetlands ❑x ❑ ❑ C. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ® ❑ ❑ identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual !� basis t' J d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman [x] ❑ ❑ \ Floodplain Regulations)if not previously provided with subdivision review Page 4 --3:tiF:ri7-��'�hi" tG.. -<.a�: _ail ra.e -.;;;.t.'--""•sna._..,.,. .. lu...sir=-•`-"-zr:a'Fr'xii-�: .:�rs+q;..nt-._._.._-.�wu..:.- - C _� s:�._ a}. t _.,,� c ;:$;:leheJc:j,:_ 'A.ea�eY,s•'-�'_r.::�:: -o'fA! �iiv''Y cer ltc...--�_{.. - -•c!'Ta'i'-' -'3s.' <.,. f,.;: C'}• a _.. 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Ar. of a v'2?'.,,,•'6'N'... 3 .N$o q,I; Address , .e R �Ia ..� PO,B.o`z°1230, s.` a' a,.f� .*'• „ r� y , a ..sfa;';k+• ' < c;:Y, � ? � ,<,tsl y ^?, '•$gip i' a.Z c e� ,� Rjac a7 r. y;w 6W Pn .,• fq �37 � t�ifws a i£..i;^,. p „ x :r:: Boze1TIM9 D:T 59771.-1:2'3,0 } Est s,� '�r ,ai+ s f -,em�-�s, c` t,d w 't�„aa r ` a, •L. *-k` H ar<� "�a. ilh' t ��,,.'y�g !�' ;.r`.A'�•rii.`�`� �k°t' �'�Sr °� " �•Yc.�,•.+.. .. �2 rSxg. lc-r<fii.Y•,,,. .y k {aJ= ,,x^ +;.a• Xv°"•` f �R.,, c��M '''r'r." _ r't --'-�'.t s�#3„r.. rky ", r -9 y<,,»a . ��• �' �,i t ' ��.'� 4.. �:�},.. ;f f t .v [� �a •t..r tl�"�"s.�''Yr�a id�t�tz'�`{'� a.fi• -Y:" t. `.,i. � °..'{� �.. ,,�.�'a1^>""`' ,r .'dt �"°'_ # 2b'�F" n � .- �``�-. N'M1p .�'.`�.n. A .I4�� � .._""' _ �• aa t' ' O"'m .�.�� �, 4 f' C Y "{ a.. ` N t °i,,` '^'a h: -.>t `"' - - c ,fit` j.,,ip� ."�! r •q�:. l a';1 ..r�� � r rs:� e%fac• . `�S'a_3• ,. �}sxilldl�..S: lSGi.."w a`' � 'r i� :.•vAar� "ate.. �r�-'s.• .0 OV .✓ Inter-office Original to: City of Bozeman Planning Department • P.O.Box 1230 Bozeman,MT 59771-1230 2298712 I(II�I�IIII IIIII IIII I�I�III IIIII IIIII(I�IIIII IIII IIII 05�/01/2008 10:24A Charlotte Mills-Gallatin Co MTMISC 21.00 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WEST WINDS PUD SUBDIVISION The undersigned owner of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being the NW 1/4, Section 2, T2S, RSE, PMM, City of Bozeman, Gallatin County, Montana, except those portions not listed below of West Winds Phase IA, West Winds Phase 1B,West Winds Phase 2A,West Winds Phase 2B and West Winds Phase 3: West Winds Phase IA: none listed; and • West Winds Phase 1B: none listed; and West Winds Phase 2A: Lot 1 Block 1; Lot 2 Block 1; Lot 5 Block 1; Lot 6 Block 1; Lot l0A Block 1; Lot IOB Block 1; Lot 11A Block 1; Lot 11B Block 1; Lot 12A Block 1; Lot 12B Block 1; Lot 13A Block 1; Lot 13B Block 1; Lot 14A Block 1; Lot 14B Block 1; Lot 15A Block 1; Lot 15B Block 1; Lot 16A Block 1; Lot 16B Block 1; Lot 17A Block 1; Lot 17B Block 1; Lot 4A Block 2; Lot 4B Block 2; Lot 9A Block 3; Lot 9B Block 3; Lot I Block 5; Lot 1B Block 5; Lot 2A Block 5; Lot 2B Block 5; Lot 3A Block 5; Lot 3B Block 5; Lot 4A Block 5; Lot 4B Block 5; Lot 6A Block 6; Lot 6B Block 6; Lot 7A Block 6; Lot 7B Block 6; Lot 8A Block 6; Lot 8B Block 6; Lot IA Block 7; Lot 1B Block 7; Lot 2A Block 7; Lot 2B Block 7; Lot 3A Block 7; Lot 3B Block 7; Lot 4A Block 7; Lot 4B Block 7; and West Winds Phase 2B: Lot 2A Block 2; Lot 2B Block 2; Lot 3A Block 2; Lot 3B Block 2; Lot IA Block 3; Lot 1B Block 3; Lot 2A Block 3; Lot 2B Block 3; Lot 6A Block 3; Lot 6B Block 3; Lot 7A Block 3; Lot 7B Block 3; Lot 8A Block 3; Lot 8B Block 3; Lot 8A Block 4; Lot 8B Block 4; Lot 9A Block 4; Lot 9B Block 4; • Lot l0A Block 4; Lot IOB Block 4; Lot 1 I Block 4; Lot 11B Block 4; Lot 12A West Winds PUD SID Waiver(P-06025/Z-07141/Z-07284) PAGE 1 OF 3 • Block 4; Lot 12B Block 4; and West Winds Phase 3: Lot 1 Block 1; Lot 3 Block 1; Lot 4 Block 1; Lot 5 Block 1; Lot 7 Block 1; Lot 8 Block 1; Lot 9 Block 1. IN CONSIDERATION of receiving approval for a Conditional Use Permit for a Planned Unit Development and subdivision for the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged, and in recognition of the impacts to Oak Street, Davis Lane (fka Fowler N a Avenue),Baxter Lane,North 27`h Avenue and the City of Bozeman Sewer System,which will N be caused by the development of the above-described property,has waived and do hereby waive for m boa a M N N itself,its successors and assigns,the right to protest the creation of one or more special improvement Nme N ro"ao � a districts for: a) Signalization improvements of the intersection of West Oak Street and North 27tb Avenue; b)Signalization improvements of the intersection of West Oak Street and Davis U Lane(fka Fowler Avenue); c)Signalization improvements of the intersection of Baxter Lane MMM O and North 27`s Avenue;d)Signalization improvements of the intersection of Baxter Lane and b Davis Lane (fka Fowler Avenue), and e) Davis Lane(fka Fowler Avenue)trunk sewer main � N improvements;or to make any written protest against the size or area or creation of the district to be it � ro assessed in response to a duly passed resolution of intention to create one or more special r U improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share,proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. • This waiver shall be a covenant running with the land and shall not expire. West Winds PUD SID Waiver(P-06025/Z-07141/Z•07284) PAGE 2 OF 3 • The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DATED this day of (�� ,2008. a Na N r-e a PROPEkTY �w CO °am c lO N C N a a ca Development, Inc hn . Dunlap, Presiden " STATE OF MONTANA ) r v ss a County of Gallatin ). 0 On this �j2 day of (/,(. (� , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John M. Donlan, known to me to be the President of Cascade Development, Inc., the corporation that executed the within instrument, and H acknowledged to me that he executed the same for and on behalf of said corporation. E IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \A L I IJQi �. p (S' afore above) (Printed Name above) SFAL .' = Notary Public for State of Montana u� �'. Q. Residing at: YYCw ���• , , •fie,\,,� Commission Expires. �AO,0L (Use 4 digits for expi ation year) West Winds PUD SID Waiver(P-06025/Z-07141/Z-07284) PAGE 3 OF 3 Inter-office Original to: City of Bozeman Planning Department P.O.Box 1230 Bozeman,MT 59771-1230 I IIIIII IllilliIlillIIIIIIIIIIIIIIIIIIIII 2298f 15 111111111IIIlii Charlotte Mills-Gallatin Co MTMISC 105.00 CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN WEST WINDS PUD,BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a residential Planned Unit Development; and WHEREAS, the subject property is legally described as a portion of the NW %, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County,Montana, consisting of— 161 acres.; and WHEREAS, the Conditional Use Permit is subject to the following conditions, code . provisions and relaxations: On May 24, 2004, West Winds PUD was granted conditional approval for a 161.30 acre development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted 'living lots subject to 35 conditions and numerous code provisions, and with the following seven relaxations from the City of Bozeman Municipal Code: a) Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the"R-3"zoning district; c) Section 18.42.030.0 "Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; e) Section 18.42.040.0 "Block Width to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; f) Section 18.42.180.0 "Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and g) Section 18.44.090.D.3 "Spacing Standards for Drive Accesses" to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial • street, to be separated less than 660 feet. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 1 OF 15 May 24,2004 Conditions: 1. A trail shall be constructed connecting from 27 h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. Cr 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase M N I Final Plat and/or Final Site Plan whichever comes first. 00 N N 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design N ..^a Review Board and final approval by the City Commission. m N as a 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and a entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent N subdivision phases. U 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane,27t'Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6"river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, Oak Street, 27'' Avenue and Davis Lane. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 2 OF 15 13.No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15.At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. M N c. Signalization of the intersection of Baxter Lane and North 27`h Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. CO, m e. Fowler Avenue trunk sewer main improvements. (M The document filed shall specify that in the event an SID is not utilized for the N a a 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 49 basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. � U 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as Ea blow-off at any time and without notice. m 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic i Study Report shall include an analysis of possible warrants at all the proposed intersections U with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27`h Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27 h Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by . Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 3 OF 15 this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as .part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27 h Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained M N within the median planned for Fowler Avenue. Ir4U)a f`~I co N 23.No existing mature vegetation within the watercourse setback, wetlands, park and along the 03 Section Line Ditch shall be removed from the site unless approved by the City of Bozeman (4 0 Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as N .o ® well as proposed vegetation to be removed. tn r o 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer N Certification regarding depth of ground water and soil conditions and proposed mitigation F methods to be submitted with each Building Permit. U 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of r � , Tschache Lane to the Whisper Avenue intersection. r W H 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be r E removed. MID 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall t remain in the PUD plan. U 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 4 OF 15 I I 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. May 24, 2004 Code Provisions: M N • The bollard lights that are required at the intersection of pathways with streets must meet the m City's specifications. CO N • A watercourse setback planting plan shall be prepared by a qualified landscape professional -IN N a a and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and Ln landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100. , • A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan. • Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. • Baxter Lane (from Fowler Avenue to N. 27ffi Avenue) should include a Bike Lane in m accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane. - L - W • Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane. • North 27a' Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19`h once it is completed. • The Board also recommends that the proposed park land include a ten foot Bike Path (shared-use path). The Path will be an extension of an existing trail to the south and will • provide a vital connection to the trial system. The Board suggests the construction material West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 5 OF 15 be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land. • The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks.or other open space areas. • A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park. • All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards. a �,a • All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development m Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall 00 °a be approved by the City Parks Division. D N NN 0 m_ N a a • Each lot shall meet the minimum lot area standards, including the multi-household lots, for a an "R-3" zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment. • Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the Architectural Committee prior to City review. This language shall be incorporated' into the A: Covenants for the subdivision. • A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and C o shall include information regarding the materials, colors and illumination. - L N t • Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets. • Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting. • If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application. • The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk &; Recorder's Office prior to installation of required infrastructure. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 6 OF 15 • Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built. • A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. a M • The maximum water depth and basin depth shown in the Storm water report does not meet a-4in9 (*-:W the City of Bozeman Design Standards and Specifications Policy and will need to be co 0 N modified. Detailed review of the final grading and drainage plan and approval by the City N mo Engineer will be required as part of the infrastructure plan and specification review process N a for each phase. a M • While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established Ebased on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase. • The applicant shall obtain and provide evidence of permission from the appropriate ditch �■ companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. -. A �. m • In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, m accommodated in an approved center median, or placed in a pipe. r U • A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to fiuher review as part of the infrastructure plan and specification review process for each phase: • At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60" for a 20" sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10" main to allow a flatter slope does not meet DEQ • requirements and the City of Bozeman Design Standards and Specifications Policy. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 7 OF 15 • All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. • Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall 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 M N. approved and a preconstruction conference has been conducted. No building permits shall be V-1 Ln a issued prior to substantial completion and City acceptance of the required infrastructure r`o improvements unless otherwise allowed by specific approval of the City Commission under 00 pM m N the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Noma • All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. H • Plans and Specifications for streets and storm drainage facilities for each phase,prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided m to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and L preparation of mylar Record Drawings. Construction shall not be initiated on the public U' infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. • All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office. • The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access; b. The following locations provide less than the 150' minimum for an access from an intersection with an arterial: (1) the West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 8 OF 15 I location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660' minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter's Way meets the criteria for partial access but does not provide the 660' minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane. • Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. • The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of M N Environmental Quality and Army Corps of Engineer's shall be contacted regarding the "'ED a proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be r%-0 obtained. co m!� N m • Building Permits will be issued incrementally dependent upon the status of installation of CM infrastructure improvements. a L a • The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special 4Econditions and code provisions shall constitute restrictions running with the land, shall be E binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and.shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions H specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. E � m • The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary r approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. • A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. On July 5, 2005, the City Commission conditionally approved the requested modification to Conditional Use Permit for a Planned Unit Development application for the 161.30 acre development legally described as NW'/, Section 2, T2S, R5E, Gallatin County, Montana, and. located between Baxter Lane, Oak Street, 27`h Avenue and Fowler Avenue. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 9 OF 15 The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: Condition#27: , as depieted in the plan, shall r-emain in the PUD . (Deleted by City Commission) Condition #31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien-42 housing lots so long as it includes some very low income housing. (Amended by City Commission) The City Commission conditionally approved the modification with the following five additional conditions: M N July 5,2005 Conditions: 0 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" o 0000 as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing N only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall N a indicate that the parcel will always be limited to use as an affordable housing project. 0 0 LO 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate. space on the affordable housing lot to meet the minimum lot area 0 requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. E 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100%built-out based on the affordable housing needs as determined, by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of y the affordable housing units are not built prior to the filing of the final plat for the last phase E of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. t U. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the"affordable housing parcel". On September 6, 2005, per May 24, 2004, condition of approval #6, the City Commission approved the West Winds Final PUD Plan as submitted with a modification to the trail crossing West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 10 OF 15 • i at the intersection of Hunter's Way and Oak Street as recommended by the Design Review Board (Z-04050). At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. October 1,2007 Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. a M a N 2. In keeping with the intent of the original PUD condition of approval #1, which states "A trail a shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in 00 N addition to the sidewalk to provide a future connection between Rose Park and the Regional N w a Park"; the original PUD condition of approval #1 shall be modified as follows: A trail shall N a a 0 be constructed connecting from 27 h Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located E adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter's Way is necessary, it shall be W signed and striped. 3. In keeping with the intent of the original PUD condition of approval.#11, which states "The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types"; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be tdesigned as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue", which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 11 OF 15 • 5. In keeping with the intent of the original PUD condition of approval #22, which states "The Section Line Ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue."; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The"riparian" corridor shall be maintained within the median planned for Fowler Avenue/Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states "A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided."; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may M only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a 00 N a modification to the approved final PUD plan. Residential density in excess of the amount of M. a park land dedicated shall provide cash-in-lieu in accordance with Chapter 18.50, BMC. Na® a 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 10. The landscape plan,prepared and certified by a qualified landscape professional,for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the • Conditional Use Permit for the West Winds PUD. West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 12 OF 15 13. The new Conditions for a Conditional Use Permit shall.list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall M a acknowledge that construction not in compliance with the approved final site plan may �-+ a result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. r 0 a C. A certification that it is their intent to comply with the requirements of the Bozeman 00"a Municipal Code and an conditions considered necessary b the approval body. ��" P Y �' Y PP Y• C4 N a a 15. 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 pursuant to Section 18.34.100.C.I of the Bozeman Municipal Code. E 16. That all of the special conditions shall constitute restrictions running with the land use, shall E 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 site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that Lare 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. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) October 1,2007 Code Provisions: West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 13 OF 15 I 0 • a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to'the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within .one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan M submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate r"' a plat,plan, sheet,note, covenant, etc. in the submittal. 00 M_"- WHEREAS, the right to a use and occupancy permit shall be contingent upon the N V a fulfillment of all general and special conditions imposed by the Conditional Use Permit Naa procedure. - N 0 ' WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land,his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the E final site plan approval or commencement of the use. U - U b WHEREAS, all of the conditions specifically stated under any conditional use listed in 'this title shall apply and be adhered to by the owner of the land, successor or assigns. - N WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be E consented to in writing by the applicant prior to commencement of the use. r NOW, THEREFORE, BE IT HEREBY KNOWN, that all of the above-noted conditions and code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a residential Planned Unit Development. DATED THIS 3CT"4 DAY OF Op"i ,2008. PROP RTY O Casca e Development,10t. John . Dunlap, Presidint • West Winds PUD Conditional Use Permit#Z-07284/Z-07141 PAGE 14 OF 15 • STATE OF MONTANA ) ss County of Gallatin ) On this 30-14 day of &r; 1 , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John M. Duman, known to me to be the President of Cascade Development, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '•^;% (Signature above) '— (Printed Name above) * Notary Public for State of Montana N�,9• , �Q' Residing at: dS✓p Dp A4&h�aA4 4`0F r1�P��` Commission Expires: Dcterlb4r 7. 2011 (Use 4 digits for expiration year) a a N �y��y O CD0�0 l0 0 C . N �a Nao a a � U ' N E - O C ro co N � 0 - L C t U • West Winds PUD Conditional Use Permit#Z--07284/Z-07141 PAGE 15 OF 15 CITY OF BOZEMAN �Z '�,� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V � • - ' Street address: Alfred M. Stiff Professional Building Phone: (406)582-2260 20 East Olive Street Fax: (406)582-2263 o Mailing address: P.O.Box 1230 E-mail:aepple@bozeman.net Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net April 28, 2008 Mr. Clint Litle, P.E. HKM ENGINEERING 920 Technology Boulevard Bozeman, MT 59718 RE: WEST WINDS PUD PERFORMANCE POINTS Dear Clint: This is iri response to your letters of April 7 and April 22, 2008; in which you memorialize the points that.'were discussed in our meetings with John Dunlap over the pastaeveral weeks. The following are my responses to each point. When signed and dated by Mr. Dunlap.as indicated below, this document will constitute an Agreement between Mr. Dunlap and the`City on how the balance of the West Winds PUD development will satisfy its PUD performance points. PUD Performance Points 1. The City agrees that the project can meet the PUD performance points throuo affordable housing, open space, cash-in-lieu of open space or any combination thereof, and that the prorated allocation of points.does not apply if open space or cash-in-lieu of open space is used. 2. The City agrees that if the PUD points are fulfilled by providing open space or cash-in-lieu of open space, the Owner will not need to provide the required points until the filing of the final plat for the final phase of the PUD. The Final PUD Plan will indicate that cash in lieu of PUD open space will be reconciled with the final phase, not on a phase by phase basis. 3. At the time of the final phase, if a portion of the Affordable Housing is constructed, the Owner may submit a minor modification to the final PUD plan to document the provision of Affordable Housing performance points rather than cash in lieu of any shortage of PUD op.-n space. 4. If at the time of the final phase there is unallocated (excess) open space, due to the provision of affordable housing to satisfy PUD points, the owner heirs, successors and/or assigns may apply said excess open space to other Planned Unit Developments, subdivisions, or site plan applications within the City of Bozeman to meet their open space requirements in the same manner as providing cash-in-lieu of open space for PUDs. • planning • Zoning • subdivision review • annexation • historic preservation 9 housing • grant administration • neighborhood coordination Mr. Clint Litle April 28,2008 Page 2 of 2 Affordable Housing Parcel 1. The City appreciates Mr. Dunlap's presentation of this parcel within Phase H of the subdivision "...as a means of providing a platform that would assure the commission that the PUD .performance points would be met." The City also appreciates the fact that the parcel has been platted and a deed restriction is shown on the face of the plat. I believe that reflects the spirit and intent of the Commission's approval of this PUD. 2. In light of No. 1 above,the City commits the planning department to expedited reviews of any and all remaining subdivision phases and/or development proposals in West Winds, in a manner consistent with the"top of the pile"policy for Affordable Housing projects. This would be done for all phases and developments in West Winds, not just development of the affordable housing parcel. With agreement on the points identified above, as attested to below by the Owner, the City and the Owner are in position to finalize the PUD. Please Iet me know if you Have any questions. •. Best Regards, Andy Epple, AICP Director of Planning and Community Development Cc: Lanette Windemaker AGREED TO THIS DAY OF /J , 2008. John u Ap, for Owner West linds PUD Page 2 �. 11 2194878 I II'r Page: 1 of 8 I� I I -P ATTE I o7itsi2o II� I os I 04 10 �°"� / Shelley Vance-Gallatin Cc MT MISC 62.00 P .777771 REVISED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the Catyof Bozeman to establish a unified development plan of a 161.30 acre subdivision with the following requested relaxations from the Gtyof Bozeman Unified Development Ordinance:a)Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots;b)Section 18.16.020.B"Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R 3" zoning district; c) Section 18.42.030.0"Double/Through and Reverse Frontage"to allow double frontage lots adjacent to the arterial and collector streets;d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; e) Section 18.42.040.0`Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; 0 Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots;and g)Section 18.44.090.D.3 "Spacing Standards for Drive Accesses"to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street,to be separated less than 660 feet. WHEREAS,the subject property is legally described as the NWl/a,Section 2, T2S,R5E, Gallatin County,Montana; and WHEREAS,the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure and shall constitute r, restrictions running with the land. INN., �!yrndsrPUD #Z 0405;OA PAGE_,t 2194878 I Papa: 2 of 6 I 07/19/2005 04:10P Shelley Vanoo-Gallatin Co MT MISC 62.00 :. CONDITIONS OF,APPRQVAL,F.0 A.CONDITIONAL USE PERMIT WHEREAS,the Conditional Use Permit is subject to the following conditions: I. A trail shall be constructed connecting from 276 Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way(from Baxter Lane to Oak Street)shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park,park fixtures,trails, etc.,until such time that a Park Maintenance District,or similar form of funding,is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan,whichever comes first. 6. . The Final Site Plan,including a Final Park Plan,shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry _ details. 8. A.building configuration plan shall be submitted for townhouse lots with subsequent subdivision. phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false facade,a sidewalk connection to each building,and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street,Baxter Lane,27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot"no access"easement shall be provided along Baxter Lane,Oak Street,271h Avenue and Davis Lane. c(-0 13. No lots shall be platted within the watercourse and wetland setback West Winds P,D #Z-0405,OA 2194878 Papa: 3 of 6 `` II II 07/19/2006 04:10P I III II I I I II III She11aY Vanoe4allatin Co MT MISC 62.00 u u CONDITIONS OF APPROVAL,FORA CONDITIONAL USE PERMIT: 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision maybe filled in exchange for the existing vegetation being transplanted,as reasonablyfeasible,from the filled wetland to the' Cattail Creek wetlands,under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park 16. The applicant shall provide and file with the County Clerk and Recorders office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall specifythat 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, Q�e or a combination thereof. 17. As a part of the infrastructure plans submittal, I00-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified.Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements.The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street.The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road,along the property boundary,shall be improved,as part of this development,to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built byBaxter Meadows.West Oak Street, along the property boundary,shall be improved, as part of this development,to one half of a principal arterial standard and shall match the section built byHarvest Creek North 27th Avenue,along the property boundary,shall be improved,as part of this development,to one half of a collector standard and shall match the section built by Harvest Creek Fowler Avenue,along the property boundary, shall be improved, as part of this development, to one half of a minor West Wirnds.PUP #Z-040.50.A ;PAGE 3... 2194878 Papa: 4 of 6 07/19/2005 04:10P- Sha11aY Vance-Gallatin Co MT MISC 62.00 arterial standard. Where one half of a.standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter,and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 276 Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The"riparian"corridor shall be maintained within the median planned for Fowler Avenue. 23. No existing mature vegetation within the watercourse setback,wetlands,park and along the Section- Line Ditch shall be removed from the site unless approved by the City.of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer 'Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26..The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. More detailed Development Guidelines shall be provided with the Final PUD Plan. 28. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the Caty Commision. 29. The mandatory25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 30. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable housing lots so long as it includes some very low income housing. 31. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. i 2194878 Papa: 6 of 6 ` ( I 07/1972005 04:10P �I I I Shelley Vance-Gallatin Co MT MISC 62.00 AL,FOR,A,CONDITIONAL'JSE PER)v11T; 32. The applicant shall reconsider the arterial treatment on Baxter Lane. Tlae City Qnrrission does not stfppat flee Id7 d7W qf open sp,=dag d5e ar&mdl s17az 33. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 34. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. 35. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only,as defined bythe Cityof Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 36. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 37. Prior to filing the final plat for the last phases of the West Winds PUD,the affordable housing parcel shall be 1006/6 built-out based on the affordable housing needs as determined bythe City of • Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable �( housing units are not built prior to the filing of the final plat for the last phase of the PUD,the developer shall paycash-in-lieu for additional open space(18.36.090.E.(7)(b)to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 38. In the event that the Assisted Living,as depicted in the plan,is not constructed in whole or part, the effected area shall be developed;consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate bythe i City Commission. 39. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel". NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property, my successors or assigns, as long as the subject property is developed under the terms and West Winds PU.D #Z,=` "5QA: 2194878 Page: 6 of 6 07/1912005 04:10P. Shallev Vance-Gallatin CoAT MISC 62.00 I LIM,3R--Z-- "7K V Mf AW FORsA,CONDITIONAL,,USE PERMIT conditions established by the City Commission in their approval of the West Winds Planned Unit Development. DATED THIS t DAY OF—Jok 2005. 0 LANDOWNER Casca Develop t Inc.by J unlap Managing Member STATE OF MONTANA :ss County of Gallatin On this dayof 2005,before me,the undersigned,a Notary Public for the State of Montana persoia7 ppeared JohnDunlap, known to me to be the Manag Member 'of Cascade Development, Inc the corporation that executed.the within instrument, and C -� acknowledged to me that he executed the same for and on behalf of said corporation. I .IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year.first above written. L N3 t., k:4' Printed Name %21a;alrl Notary Public for State of Montana Residing at:Bozeman,Montana V . .....� Commission Expires:S4 Nif (Use 4 digits for expiration yeary CONDITIONS CSF,APFROVA,L FOR A CONDIT.IONAL USA PEWIT CONDITIONS OF APPROVAL FOR A CONDITIONAL-USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT BOUND BY BAXTER LANE, OAK STREET,27M AVENUE AND FOWLER AVENUE,BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to establish a unified development plan of a 161.30 acre subdivision for the development of 213 single-household,92 townhouse,5 multi-household and 8 senior assisted living lots with the following,requested relaxations from the City of Bozeman Unified Development Ordinance: a) 'Section 18.50.020"Park Requirements" to allow the area requirement to be based on 11%net buildable area instead of 0.03.acres -per dwelling unit for the affordable housing lots; b) Section 18.16.020.B "Authorized Uses" to allow assisted living/elderlycare facilities and apamnents within the"R 3" zoning district; c).Section 18.42.030.0"Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets;d) 18.42.040.B "Block Ixngth" to allow the block lengths to exceed 400 feet;e)Section 18.42.040.0"Block Width"to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots;0 Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots;and g)Section 18.44.090.D.3 "Spacing Standards for Drive Accesses"to ..allow residential lots that front on Hunter's Wayand Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street,an arterial street,to be separated less than 660 feet. WHEREAS,the subject property is legally described as the NWIA,Section 2,T2S,R5E, Gallatin County,Montana; and West V1!inds PU:D #Z=04050 PAGE 1: CONDITIONS'.OF APP�RO.VAL FOR A cONDITIONAL USE P.PRMIT WHEREAS,the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure and shall constitute restrictions running with the land. WHEREAS,the Conditional Use Permit is subject to the following thirtyyfive (3.5) conditions: 1. A trail shall be constructed connecting from 276 Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park 2'. Mid-block trail crossing along Oak Street will not.be permitted. 3. Hunters Way(from Baxter Lane to Oak Street)shall include a Signed Bike Route since this will be . an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park,park fixtures,trails, etc.,until such time that a Park Maintenance District,or similar form of funding,is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan,whichever comes fast. 6. The Final Site Plan,including a Final Park Plan,shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. . 9. The Covenants and Design.Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false fagade,a sidewalk connection to each building,and the covenants shall prohibit the construction of fences unless constructed less.than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street,Baxter Lane,27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be parry to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval bythe Planning Office prior to the issuance of a building permit. �._; West:rWintls PUD: #Z-04050. PAGE;7:.:. . CONDITIONS OF APPROVAL FOR A.CONDITIQNAL;USE PERMIT. I I. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot"no access"easement shall be provided along Baxter Lane,Oak Street,27th Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted,as reasonablyfeasible,from the filled wetland to the Cattail Creek wetlands,under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue: c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. �1 e: Fowler Avenue trunk sewer main improvements. The document filed shall specifythat 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. 17: Asa part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding. identified.Lots shall not be platted within the 100 year flood plain_ Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert . capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements.The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street,The Traffic StudyReport shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. r Nes{ 00s FUD #Z-04050 I CONDITIONS OF.A.OROVAL FOR A CON01.T NqL USE P..I IT_ IUD., 19. The applicant is advised that Baxter Road,along the property boundary,shall be improved,as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built byBaxterMeadows.West Oak Street,along the property boundary,shall be improved,as part of this development,to'one half of a principal arterial standard and shall match the section built byIHarvest Creek North 27th Avenue,along the property boundary,shall be improved,as part of this development,to one half of a collector standard and shall match the section built by Harvest Creek Fowler Avenue,along the property boundary, shall be improved, as part of this development,to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built :12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter,and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The"riparian"corridor shall be maintained within the median planned for Fowler Avenue. (• 23. No existing mature vegetation within the watercourse setback wetlands park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to.the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 Affordable Housing and the Assisted Living,as depicted in the plan,shall remain in the PUD plan. 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and {( shall be reviewed by the Design Review Board and a final approval by the City Commision. �._: West Winds RUD #Z-04050 ::.. .. ..: .. PAGE.4..: CONpiTIONS OF APPROVAL.FO[t A CONDITIONAL77. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The Caty of Bozeman will accept the I I% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. 7be City Cormission dw not supPm -ktV aws 9f�sp=abg the arterial stems. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided.. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted thirt3five (35) .. conditions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property,my successors or assigns,as long as the subject property is developed under the terms and conditions established by the City Commission in their approval of the West Winds Planned Unit Development. DATED THIS 2 ND DAY OF T' WAAtz'1` ,2005. C ' , West Winds PUD #Z-04Q50 PAGE,S'; CONpITIOtyS,OF A.PRROVAL-FOR A CONDITIONAL U;SE:PER IT LANDOWNE Cascade Develo t,Inc. Ly 4 :o p re dent STATE OF MONTANA ) :ss County of Gallatin ) On this day of_ ,2005,before me,the undersigned,a Notary Public for the State of Montana,personally appe-ded oohhn Dunlap,known to me to be the President of Cascade Development,Inc.,the corporation that executed the within instrument,and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Printed Name Dxw,, Notary Public for State of Montana K. Residing at:Bozeman,Montana. Commission Expires: $ �- (Use 4 digits for expiation year) West Winds.PUD #Z-04050 . PAGE;:6 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: A tract of land being NWI/a, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane,Oak Street,27`h Avenue and Fowler Avenue, Said.tract contains 161.30 acres, more or less, and is subject to all existing easements or apparent on the ground. IN.CONSIDERATION of receiving approval for a Conditional Use Permit for a Planned Unit Development on the subject property from the City of Bozeman, along with accompanying rights. and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Oak Street, Fowler Avenue, Baxter Lane, North 27'h Avenue and the City of Bozeman Sewer System, which will be cxused by the development of the above-described property, the owner has waived and do hereby waive for itself, c� its successors and assigns, the right to protest the creation of one or more special improvement districts for: a) Signalization of the intersection of W Oak Street and North 27' Avenue; b) Signalization of the intersection of W Oak Street and Fowler Avenue; c) Signalization of the intersection of Baxter Lane and North 27'h Avenue; d) Signalization of the intersection of Baxter Lane and Fowler Avenue; and e) Fowler Avenue trunk sewer main improvements, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special.improvement districts which would include the above-described property. In the event a Special Improvements District 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. This waiver shall be a covenant running with the land and shall not expire with dissolution of the corporation,provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this day of GA it t&ay. ,2005. LANDOWNER Casca e Develop t,Inc.by a J6 Dip Pre dent STATE OF MONTANA ) • :ss County of Gallatin.. ) On this day of Y , 2005, before me, the undersigned, a Notary Public for the State of Montana, personal . appeared John Dunlap,known to me to be the President of Cascade Development, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Printed Name ,, n 1.;nDUvair� Notary Public for State of Montana >' Residing at:Bozeman Montana _ Via,. Commission Expires: (Use 4 digits for expiation year NN i� 4 i I; i t 1 = t °l / t 1 - `O fD ' D P E N ( � WATER COURSE SETBACK PLANTING PLAN D I X 1 . 4 West Winds Community E• PHASE 1 Watercourse Setback Planting Plan February 4,2005 Introduction The City of Bozeman's Unified Development Ordinance (UDO) Section 18.42.100 determines watercourse setbacks for streams within the city limits that have been impacted by development. The intermittent watercourse through West Winds Community is located in the central area of the project site; conveyance is in a northerly direction from Oak Street to Baxter Lane. The primary water source of the drainage is stormwater runoff. The drainage was recently named Cattail Creek by property owners several.miles to the north where there is a perennial stream flow. The following West Winds Community Phase 1 Watercourse Setback Planting Plan has been devised to satisfy several criteria: 1)the MT 310 and Section 404 permitting conditions;2)UDO Setback Planting requirements (18.42.100 8.7); and 3) ecological/hydrological limitations of the landform. West Winds has received Section 404 (July 27,2004:No. 2004-90-309) and MT 310 (5/21/2004: GD-24-04) permits to fill the adjacent drain ditch and to install the culverts within Cattail Creek. Though the watercourse though the West Winds Community is not a perennial stream and in some • reaches lacks a defined bed or bank, the Gallatin County Conservation District required a r MT 310 permit for impacts to the feature. The Section 404 mitigation plan involves restoration of the hydrology through the central willow drainage. Prior to the onset of these restoration efforts, stormwater flowing from areas upstream were diverted into the drain ditch historically excavated to the east of the natural central drainage now referred to as Cattail Creek. Hydrologic restoration required filling of the drain ditch and releasing stormwater flows back into the natural drainage. Because no bed or bank existed in the willow area, a channel (1 ft deep x 2 ft wide) approximately 300 feet in length was excavated to direct the water into reaches that had a remnant channel indicated by a vegetated indentation in the landscape. Vegetation;though hydrophytic within the wetland area, is primarily.comprised of willows and dogwood; deep-rooted species. No emergent vegetation exists as a result of shrub competition and a low water table given the area has been effectively dewatered for at least 50 years. Therefore, the restoration plan involved removing a 10-foot wide swath of impenetrable willows; the channel was excavated through the center of this clearing. Plans were to seed the exposed soil immediately, however, shrub roots began to sprout-in the cleared area immediately and it has become apparent that the root stock must be sprayed until they have been permanently removed. Wetland seed will be planted after the area has recovered from removal of the shrub rootstock. • Given the Cattail Creek drainage is intermittent within the West Winds Community, there are concerns regarding the availability of an adequate water table to support new planting l LAND�&WATER installations along reaches of the"watercourse"that have not developed a shrub or tree ' community to date. The watercourse setback is intended to be a natural area and no irrigation system will be installed to support plantings in this area. For this reason, we propose installing species that have the highest likelihood of survival for the resources .(Le. costs)required. If these plantings fail,the area likely cannot support plantings without irrigation support. The following outlines the planting proposal for Phase 1. UDO Requirements and Planting Proposal The UDO requires that two (2) vegetation zones be established within the watercourse setback. Zone l comprises 60%"of the setback closest to the watercourse" (18.42.100.6) or 30 feet of the 50-foot setback. Zone 2 comprises the remaining 40% "of the setback furthest from the watercourse" (18.42.100 B.6)or 20 feet. Within Phase 1 there are two (2)stream reaches that are not currently vegetated with any shrubs or trees,Reach 1 (150 feet) and Reach-2 (300 feet). The UDO requires that plantings within these reaches should be comprised or 5 trees/15 shrubs and.10 trees/30 shrubs,respectively. Given no trees naturally grow in these reaches, likely as a result of a low water table, we would like to.propose planting mostly shrubs in these areas. This natural area buffer will not be irrigated and trees will not survive.without irrigation given the landform(essentially a drain ditch and adjacent high bench). It is.imperative that we balance the requirements of the UDO with the realistic ecology of this mostly man-made intermittent(dry most of the year)drainage. \ f =� Since clearing of the drainage has had to occur on the southern end of the drainage to allow water to flow,we do not want to occlude the stream channel on the north end by creating another impenetrable willow grove if the.plantings should thrive given the intermittent flow situation. Therefore, in Reach 1 we propose sprigging two (3) clumps of 5 willow sprigs (total 15 sprigs) and 5 containerized dogwood for a total of 20 plantings(UDO requires 20 plantings). In Reach 2, we propose planting three(5) clumps of 6 willow springs (30 total springs), 5 containerized dogwood and will experiment with 5 containerized aspen for a total of 40 plantings (UDO requires 40 plantings). Plan views of the proposed plantings for each watercourse reach are illustrated on Exhibit A and B. Disturbed areas will be planted with native seed mixes depending on the distance from the drainage; areas within the banks of the drainage will be seeded with a wetland seed mix(Table 1) and the remaining areas with an upland mix (Table 2). i 2 �. `MR lAND:B�;WATER. Table 1 Wetland seed mix OEM= Grasses Descham sia caes itosa tufted hair ass FACW 1.5 "Revenue"Slender Elymus trachycaulus 10.0 wheat ass(FAQ Puccinella distans alkali . 's FAC 1.5 Hordeum brachyantherum meadow barley FAC 10.0 Gl ceria striata fowl manna s OBL 8.0 Grass-like Eleocharis palustris creeping in s ikerush OBL 1.0 Juncus balticus Baltic rush OBL 0.5 Total 32.5 PLS/acre Based on hand broadcasting rate. Table 2 Upland Seed Mix MOM NOM Grasses Pascopyrum smithii "Rosanna"Western 10.0 wheat ass %• Elymus lanseolatus "Criteria"Thickspike 12.0 wheat ass Poa canb i "Canbar"Canby bluegrass 4.0 Elymus trachycaulus "Revenue"Slender 10.0 wheat ass Forbs Tri olium re ens White Dutch Clover 1.0.0 Ratibida columnaris prairie coneflower 0.5 Linum lewisii "A ar"blue flax 4.0 Total 41.5 PLS/acre 1 Based on hand-broadcasting rate. Prepared by: Lynn Bacon Wetland Scientist Land& Water Consulting, Inc. Ale LM.D'44AiER'. PARK AREA MEST%AS I \y �__-_'_.-----------r-- � �.\ 1 It I 1 ---------------- 1 ; 1 BREEZE LANE 2(f CLEAR SETS Ap�► ACK 1 , EDGE OF 3 apN� CURRENT , SHRUB ' GROW'M \ I N w ' E- -� It ' ` ! O ow goo*no saw 111111110 1 , If If , I 0 LEGEND WES T WINDS COMMUNI T Y ®JURISDICTIONAL WETLANDS UMSTUMBM NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. �PR0P0SED TRAIL 51'STO' GALLA TIN COUNTY, MONTANA o� N E E R I N G ® WILLOW GROUPING -N- .I Engineering Inc. . DOGWOOD WA TERCOURSE SETBACK 01 Chesney Professional Bldg. �l UDO PLANTING—REACH 1 601 N kles Dr.,Suite 2 Bozeman,MT 59715 " " FAX(406)586-1730 so 0 50 EXHIBIT A 0 xds het DATE: FEB.1.2DO5 PROJECT NO.04S067.110 Copt tght 0 2005 NKM E,qb a it q t...All Rights Re.d , M£SF MINDS PARK AR£A� -- -- , ' f I2V CILEARI �--- J SAFETY ZONE, It �\ IM If IN \, 1 SETBACK VMACK , \ r \0 \\ i 1 ! \ EDGE OF.CURRENT / SHRUB GROWTH � r 1 MEST MINDS i PARK AREA I o ram.� o �i,.,Aa-T-f � U L I T l-L r I U v F I ,� /, �. LEGEND WEST WINDS COMMUNI T Y 3 - - ®JURISDICTIONAL x-n ANDS tm0lsruRBED NW 114 SECT/ON 2, T-2.S., R.5.E., P.M.M. a'' Neelt,Na � - �°R0P0SED TRAIL SYSTEM GALLA TIN COUNTY, MONTANA A Engineering Inc. D GROUPING -" WATERCOURSE SETBACK � l .Chesney Professional Bldg. �j DOGWOOD d 601 Nikles Dr.,Suite 2 UDO PLANTING-REACH 2 Bozeman,MT 59715 °' (ao6(5a6 as3a EXHIBI T B ' FAX(406)586.1730 w ° w o xde feet DATE. FEB.1,2005 PROJECT NO.04SO67.110 CeprlOt 0 2005 HKM Ergbeeee+g Inc,AX Righlb Rws & • West Winds Community PHASE 2 Watercourse Setback Planting Plan January 30, 2008 Introduction The following Phase 2 Watercourse Setback Planting Plan as required by the City of Bozeman's Unified Development Ordinance(UDO) Section 18.42.100 is a supplement to the Phase 1 planting plan submittal. Phase 1 is between Oak Street and Tschache Lane, Phase 2 of the Setback Planting Plan extends from Tschache to Baxter Lane. The watercourse within West Winds Community is Cattail Creek. UDO Requirements The UDO requires that two (2) vegetation zones be established within the watercourse setback. Zone 1 comprises 60% "of the setback closest to the watercourse" (18.42.100.6) or 30 feet of the 50-foot setback. Zone 2 comprises the remaining 40% "of the setback furthest from the watercourse" (18.42.100 B.6)or 20 feet. The UDO requires one shrub every 10 feet and 1 tree every.30 feet for each side of a watercourse. The width of the planting zones is measured from the edge of the wetland adjacent to the wetland; the width of the wetland is added to the watercourse setback. Planting Proposal Zone 1 The length of the watercourse in Phase 2 is 1,020 feet, or 2,040 feet. The shrub requirement would be 204 and the tree requirement 68. In 2006 121 shrubs and 39 trees were planted to mitigate for wetland loss within the project site (Table 1). These plants were installed within Zone 1, on the slope bank of the stream to enable to the plant roots to grow into the saturated zone of the wetland fringe adjacent to the stream. To meet the UDO requirement, and additional 83 shrubs and 29 trees will be planted along the slope bank and within 10 feet of the top of the streambank in Zone 1. Zone 2 The grass species within Zone 2 are primarily smooth brome, timothy and orchard grass. This zone will not be re-planted or seeded unless there is a disturbance. Native seed mixes used to restore disturbed areas in the uplands or wetlands are included in Tables 2 and 3. • 1 Weashy • Table 1r tland�M�tigafr Shrub anal;TreeSpecies$and Quanbtles� Plant Material Quantity SHRUBS Dogwood 20 Alder 10 Chokecherry 10 Golden Current 10 Serviceberr 10 Willow: Bebb 27 Geyer 26 Yellow 7 Drummond 1 �AZ�CC . TREES Pacific Willow 4 Aspen 30 Cottonwood 5 =ab We and see rnrx a Of' 'nAM .Species Common Name PLS Pounds/acre Grasses Descham sia caes itosa tufted hairgrass(FACV) 1.5 Elymus trachycaulus "Revenue" Slender 10.0 wheatgrass(FAQ Puccinella distans alkaligrass FAC 1.5 Hordeum brachyantherum meadow barley FAC 10.0 Gl ceria striata fowl manna ass OBL 8.0 Grass-like Eleocharis palustris cree in s ikerush OBL 1.0 Juncus balticus Baltic rush OBL 0.5 Total 32.5 PLS/acre` Based on hand-broadcasting rate. • 2 I MM T�able�3 U lanai Seed�lt "M I NO Species Common Name PLS Pounds/acre Grasses Pascopyrum smithii "Rosanna"Western 10.0 wheat ass Elymus lanseolatus "Criteria"Thickspike 12.0 wheat ass Poa canb i "Canbar"Canby blue ass 4.0 Elymus trachycaulus "Revenue" Slender 10.0 wheatgrass Forbs Tri olium re ens White Dutch Clover 1.00 Ratibida columnaris prairie coneflower 0.5 Linum lewisii "A art" blue flax 4.0 Total 41.5 PLS/acre' 1 Based on hand-broadcasting rate. Prepared by: Lynn Bacon Wetland Scientist • PBS&J 3 1 Ak low o a O T c m Baxter Lane < .11�11�11�11�11�11�11�11�11�11�11�11�11�11M1 1IIIII11 MIN=1 NMI 1IIIII11�11�11�11�11 II�IIfi 11�11�I11�111 H J U N K (EL `- (ELM) Y ° " z L M)\/\/ z x mzo DRAINAGE (SHL) �� .. '`�• , I�i./ \ \ \ \ \ \ \ I • yS°�O '� !\ EASEMENT �,{�/`��i '(SHL) IN • o S ')/ /WA RR�U jSE/ o Q Trade Wind Lane \j/i\/SE, ^�j\/\j\ SENSITIVE PARK AREA — WETLANDS AND v w \ \ \ ;\ \ \ \ PHASE 2B WATERCOURSE SETBACKS. PLANT PER \/\/' ' 11 W g w WATERCOURSE SETBACK PLANTING PLAN / (HAK) /(H'AKY /, • .(H.K) / r / / /I '�.� / / � Z Z � \ \ \ \ \ \ \ HAI \ \ \ \ \ ' i1�'. \ \ Z Q D / / / / / '•• / / / �' / ( / \ \ \ \ \ \ \ \ \ \ \ PASSIVE PARK AREA — NATURAL GRASSES a N v Rt / / / / / / / • /(E Y � cc (HA4K) \ \ \ \ \ \ \ \ \ \ \ \ al Q m H 0�j I� ACTIVE PARK AREA — TURF 31 3 N a /\/\ /\/\/• 1 /� i i W W / / / / / ✓ Q \ {GBS) / o WATERCOURSE (�' �'T'Y1) �' '�/I (PG' I • / / / / / PLANTING � \ \/\ \,. I /;/I',RAC�CE j P a / / / FOLD A(PGA) i I a NOTE: NO PLANTING WITHIN 10 OF UTILITIES REACH A) tl (PGA) DRAINAGE \ \ 1j 11 '/ ' /I ,� / I//' I I Cq as EASEMENT '�+ I I I OCCER GjA71 Tsch a ch e kaz e � '/ °e ) %� ^s j) (OMA) I I H i(5hly) / o Z m; 9m �j w 0�iU /�S ) ` ! , r I /N ASSOC/A T/ON W/TN.• C o uFEc/� 'Z' it [2S x / / �//L/♦ /// j/ 60 0 60 120 • Sheet No. a NORTH PARK AREA scale feet WS-1 b I Copyright ®2008 HKM Engineering Inc., All Rights Reserved. 7 I R. 64 a I� I I• j I i ji 1I • I i a, { 1 I ' t SIGN PLAN p -�"-wn..� ;� � �� ,., ��,.1 !i f; � lam-• , i i•� �P .tom �et� ,tT�'�k+(?t"'� 'I y'�,'�,aj'y}Ej -3 Y 3 !:ntEs 2 liig mac` sops W x,s�' S3 VA S sd` • F� �' �� •• t s .`�•: =`tom}E v --- — — --- -- - r-rt"- x. -:i � S#�';• ,,, axe ,�._ _ '��{ir. z' � fir. e'/// °i�' tri 4i �: - ��.' h ''` r+{ 1 r r •. N5 yy,,,, 1�� ���� .��ti 1 .• [ 6 t 1 n!F,yy�4 j1. 1 rs fix:3L '4 � _ k r .tit A r"4: y ;•�a�{�- 'fit • i I �I l.� Statement of Purpose 2. Types of Signs 3. General Guidelines 4. Signage Sample Design MA&IIII s • L � �-�a�.'t �-:c�3::�: " #F" r. � '' '�`• -.w. "._-,w ' .� .. i- 'f�i� .t' -'� . ." 4n�x - s... :f� .. - .'.s ivd��=Sa;... .�<� air u. The intent of these guidelines is to provide for a coordi- nated sign plan for West Winds and to serve as a basis for staff review of applications for signage to be constructed at West Winds.Creative,unique and high quality graphics are characteristic of the West Winds development.Building and Project signs must be designed and reviewed on the basis of how well they integrate into the architectural elements to form an attractive composition. Before proceeding with permitting,fabrication and instal- lation of signs,tenants will submit detailed drawings and samples to be reviewed and approved by the Architectural Control Committee.These plans will be reviewed for loca- tion,size,color,lighting,orientation and types of materials to be used in the signage.Once approved,the tenant or contrac- tor must submit the proper applications to the City of Boze- man for permits. 6,x. �'y' , .;..x- r '�a-x* � ,, -; 4 .. ,�, ri t � .,y ••� ,�s y��`'-,�� loss ..:.r '��� s.�.w'� • Now L iT 1.Subdivision Identification Signs are part of the comprehensive sign plan and will be subject to administrative approval by the Architectural plan.Specific signage applications will be subject to administrative Control Committee and the City of Bozeman through the site plan approval by the Architectural Control Committee.These signs must process.These signs are exempt from permit requirements. meet the regulations of the Zoning Ordinance.Subdivision Identifica- tion Signs will be compatible with the architecture of the project.These 4.Vehicular Directional Signs may contain commercial speech such as signs will be located so that they serve to guide and orient pedestrian the project logo or logo type along with generic wording of a directional and vehicular traffic at the main development entrances.Each sign shall nature(such as"parking',etc.) Because of the importance of these direc- not exceed 16 square feet in area or 5 feet in height from the finished tional signs to the traffic flow,vehicular notification and public places, grade.The sign must be setback at least 5 feet from the property line. these signs are part of the comprehensive sign plan and will be subject to administrative approval by the Architectural Control Committee and 2.Residential Building Identification Signs are part of the comprehen- the City of Bozeman through the site plan process.These signs must live sign plan.Specific signage applications will be subject to admin- meet the regulations of the Zoning Ordinance. istrative approval by the Architectural Control Committee.These 5.Freestanding signs will be designed to be an integral part of the site signs must meet the regulations of the Zoning Ordinance.These signs announce the name of an individual building and may include the build- hardscape and landscaping,will be compatible with the architecture of ing address.These signs will be legible and easily distinguished at the the project and located so that they serve to guide and orient pedestrian budding and will serve to guide and orient pedestrian and vehicular traffic going to the site.A low profile freestanding sign approach to each and vehicular traffic going to the site.Each sign shall not exceed 8 shall be set back a minimum of 5 feet with a maximum height of 5 feet. square feet in area.There will be only one entrance sign per street front- Design and location of these signs are part of the comprehensive sign age designated as the major entrance for each building. plan and will be subject to administrative approval by the Architectural Control Committee.These signs must meet the regulations of the Zon- 3.Incidental Signs such as`entrance;"exit;"'parking'etc.These have no ing Ordinance. other message other than the type of wording listed above;they may also contain an arrow.These signs are part of the comprehensive sign 1 1.Size a sign is internally illuminated,the field of the sign should be opaque, The size of individual signs will be regulated by the Zoning Ordinance. allowing only the illumination of the letters to be visible.Open face or A subdivision identification sign shall not exceed 16 square feet in area neon art signs are not permitted.All electrical components must be or 5 feet in height from the finished grade.Residential building identifi- concealed,but accessible. cation signs shall not exceed 8 square feet in area.The size of wall signs will be computed on the basis of one and a half(1.5)square foot of sign 4.Color area for each one(1)linear foot of building frontage as measured along Color schemes should be the same as,or complement,the exterior the public right-of-way. materials of the building.Subdued colors of illumination(white as op- posed to red,for instance)are strongly encouraged. 2.Materials The sign materials will be the same as,or complement,the exterior 5.Location materials of the building,project materials or the character and design Primary Project signage will be located per the attached,Exhibit 1. of the individual building fronts.Sandblasted wood or sandblasted foam Secondary Project signage will be constructed per this plan and re- alone or in combination with metal or stone(mixed media)are strongly viewed through the site plan process. encouraged.Painted plywood or signboard with vinyl lettering is not permitted. 6.Addresses Street numbers shall be required consistent with the requirements of 3.Lighting the Fire Department. Any flashing signs,or lights of changing degrees of intensity,are not j permitted.Any lighting of relief letter signs should be either face lit by 7.Approval fixtures mounted at the top of the sign and aimed downward,or light All signs and graphics are subjcct to Architectural Control Committee the face of the building so as to"back light'the message and ground- approval.All signs must meet the regulations of the Zoning Ordinance. mounted sign lighting may be used for monument style signs only.If S Now IM Subdivision I.. . Building . n Sign Sample shall not exceed 16 square feet in area or 5 feet in height shall not exceed 8 square feet in area brushed metal plate with cut lettering sand blasted wood sign stacked stone '' sue; CONDOMINIUMS ��� BOZEMAN - °NT ,A M'YTTi PLANS FOR SHEIZY 8WW WEST WINDS PLANNED COMMUNITY BOZEMAN, MONTANA T FALLS 1E1A16T'O" WEST WINDS COMMUNITY PARK i1U6 0 HA�„ BUrTE AND LANDSCAPING PLAN —N— DI LCIN D BHBWM VICINITY MAP NOT TO SCALE BOZEMAN, MONTANA NW Comer of North H Corner of Section 2, 2'B.C. Section 2, 2Y'B.C. "779 ES",0.25' MDT 5606 S" below asphalt�4 35 2644.67' . T1S, R5E S89'43'51"W 3 2 W,, R5E PHASE 8 PHASE 7 PHASE 2B N �(O t N n C5 M— O O (0 PHASE 2A PHASE 6 Center North)(6 Corner of Section 2, 24'B.C.-3111 ES' PREPARED FOR: PREPARED BY: CASCADE DEVELOPMENT, INC. HKM ENGINEERING, Inc. Q PHASE 1B 1627 WEST MAIN STREET 920 Technology Blvd. Suite A PHASE 5 SUITE #223 Bozeman, MT. 597158 w _ N BOZEMAN, MONTANA 59715 (406) 586-8834 (406) 585-9230 E N G I N E E R I N G; � FAX (406) 586-1730 O N Z M r, '? PROJECT NO. 04SO67.125 0 V7 MARCH 2O08 PHASE 1A PHASE 4 PHASE 3 West Y Corner of z Section 2, 1"Pipe, 1.5'below surface--_ DESIGN BY'MARY KECK PROJECT MANAGER/ENGINEER S89 4252"W 2639.32 GARDEN CREATIONS Center of Section 2, 411 N. 3RD AVEAL I'O.D.Iron Pipe& BOZEMAN. MT 59715 `��O:N•-T••;?.,N�'% Location Map of the YPC marked"S.S. & (406)600-0409 • :- WEST WINDS SUBDIVISION G.Eng' 1114 CLINTON 0.':.4` 5_ Sheet Na. , 10766 PE �� CL#VTON O.U7ZE 110766 PE r.��� in the NW %4 of Section 2, T2S, R5E, P.M.M. SSONAI` � �e�QEA n#VGtra. of 2 S "'•,mnW� c4tle@hlvnrlGcom Copyright ® 2008 HKM Engineering Inc., All Rights Reserved. I 40 KEY MAP « 0 0 LANDSCAPING GENERAL AGEAD U a Y r o m n. n PLANT SYMBOL LIST PLANT SPECIES LIST .• ! rrp ♦ L � N L, K �� TREES -------� I �•• .:a:,}'k_�.r`�' .�mr: ro Colorado Blue Spruce Picea un ens 60-80' 2 Q� T J` `;` p u 'z (CBS)COLARADO BLUE SPRUCE D P 9 " L10711 I yt�" "`'Prolrle Sky Poplor Populue x Canadennla 'Prairie Ski 55' 2 O (PSp)PRARIE SKY POPLAR Golden Willow Sallx albo 'Vltillina' 65' 2 • ym� m Prairie Spire Green Ash Fraxinus pennsylvanico 'Rugby' 50-60' 3 i t. E'-� Brandon American Elm Ulmus 'Brandon' 50' 2 z 0 (OWL)GOLDEN W1tJAW Common Had,berry Celtia oeeldentalla 50-75' 2 ;s m m <`� Go kleaf Mountain Ash Sorbus hybrids 30' 4 / i/•% s i� o a �s�� ®(PGA)PRAIRIE SPIRE CREEK ASH Skyllne Honeylocust Gieditnlo triaconthos Inermis 35-45' 3-4 Northwood Maple Acer rubrum 'Northwood' 56 3 HEDGESION OOURT • Patmore Green Ash Froxinus pennsylvanico 'Patmore' 50-60' 2 4. (ELM)BRANDON AMERICAN ELM Emerald Queen Maple Acer piatonoldes 'Emerald Queen 50-60' 4 _ a qy Bur Oak Ouercue macrocarpa 60-80' 3 ,y (MAX)NORTHERN HACKBERRY Thunderehlld Crabapple Mcius 'Thunderehlld- 20- 3 ir' m Canada Red Cherry Prunus virglnlana 'Shubert' 20-25' 2 7AA0e%M LAN (OMA OAKLEAF MOUNTAIN ASH Japanese Tree LBac Syringe retieulata 25' 3 Amur Chokeeherry Prunus moockii 35' 2 o • Pink Spires Crabapple Malus 'Pink Spires' 20' 2 (SNL)SKYLINE HONEY LOCUST Prairie Gem Pear Pyrue uswrl0nais 'Mordak' 18-25' 3 ..0 Z tltf (NWM)NORTHWOODS MAPLE TREE NOTES; TsCHM2E LANE nFDAENM LAM �. t f#(ASH)PATMORE ASH 1. ALL TREES BALLED AND BURLAPPED 1.5:-2- CALIPER. PLANTED TO THE LEVEL OF THE ROOT FLARE, STAKED AND (EOM)EMERALD QUEEN MAPLE MULCHED WITH;A 3- CIRCLE OF SHREDDED CEDAR, (SOD SHEEP-4 REMOVED AND NO EDGING OR WEEDMAT). AlmaNrnaEerra£r (' 6 (OAK)BUR OAK 2, TREES PLANTED AT 35'-50' SPACING. ' Z�Z U a TCA) 3. EVERGREENS SHALL BE 8' TALL MINIMUM. P � f� g W 0 ~ ( )THUNDERCHILD CRABAPPLE E "— " w3srwtow aI a 0 d (CRC)CANADA RED CHERRY- CLUMPS 1 U)m as (JTL)JAPANESE TREE ULAC - h •.. Z C Landscace Points Pin,t�T j----��--.�J ; >7J 9 ® Points Required: 23 r' (ACC).AMUR CHOKECHERRY W 3 rots for drought tolerant undcover: Grass areas to be seeded H7th SlreembankWheet ss o n ri crm et a rate of l Ib/1000 fl. ,I' o y Y Po gh � (ABr Dyro P� ) sq. Y alr:�t.,vE V) W (PSC)PINK SPIRES CRABAPPLE 5 points>75%drought tolerant plants: 75%of plards dmuaht tolerant h 10 points for yard landscaping: Two yards meet Table 46-2 LIDO bndscepe requkemerds(5 parts!yard) � / �I, Z (POP)PRAIRIE GEM PEAR 5 points for(5)stone boulders: 1 point/stare boulder ' u is i ester L-- - o 00, jIJ • 1 m SHRUBS SHRUBS co p 100 (SEIB)SILVER BUFFALO BERRY Silver Buffalobary Shepherdia argenteo 8-12' 2 Red Twig Dogwood Cornus sericea 8' 2 i<•, ?i (RTD)REDTW7C DOGWOOD Yellow Twig Dogwood Comus alba 'Bud's Yellow' 6-8' 3 Common Chokecherry Prunus virginlana 78' 2 Q s Isontl Dogwood Comus sericea 'Isonti 5' 2 4 ��0 id+ (YTD)YELLOW TWIG DOGWOOD Skunkbrush Sumac Rhus trilobata 3-6' 3 0 trtrrrr r Rocky Mountain Maple Acer glabrum 15' 2 vpr�N ti. French Hybrid Lilac Syringe 'various cultivars B-10' 2-3 f (CCH)COMMON CHOKECHERRY CLUMP ODW)ISANTI DOGWOOD SHRUB NOTES:° (SBS)SKUNKBRUSH SUMAC 1. ALL SHRUBS SHALL BE 5 GALLON SIZE OR LARGER. Li i 7%w7tsi_ � i rrinrrrr OC!✓" 2. SHRUB BEDS WILL BE EDGED WITH BLACK ALUMINUM DESIGN BY Q��( (RIM)ROCKY MOUNTAIN MAPLE EDGING, COVERED WITH VI G 9YPAR PROFESSIONAL GRADE WEED ARY NECK � SHEET INDEX Q MAT AND MULCHED TM SHREDDED CEDAR TO A DEPTH OF GARDEN CREATIONS Q ';{5�;"• (FHL FRENCH HYBRID LILAC 3"-4'. 411 N. 3RD AVE BOZEMAN, MT 59715 3. SHRUBS PLANTED AT 6' SPACING. (406)600-0409 SHT. NO. TITLE cENFRAL NOTFs: G-1 COVER SHEET o 1. NO PLANT SUBSTITUTIONS WILL BE MADE WITHOUT 4. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF SEWER, _ G-2 KEY MAP, PROJECT LEGEND & SHEET INDEX I m APPROVAL FORESTER. FROM THE LANDSCAPE DESIGNER OR CITY WATER OR STORM DRAINAGE SERVICES MAINS, ANY FIRE HYDRANTS AND P-1 NORTH PARK AREA [PHASE 71 to 2. IRRIGATION SUBMITTAL WILL BE PREPARED. SPECIFICS 5. A PERMANENT AUTOMATIC IRRIGATION SYSTEM SHALL BE P-2 CENTRAL PARK AREA (PHASE 21 A ro a DETERMINED BY IRRIGATION CONTRACTOR. PROVIDED FOR THE PARK AND LANDSCAPE AREA, WITH THE ?m EXCEPTION-OF THE WATERCOURSE SETBACK WHICH SHALL BE P-3 SOUTH PARK AREA (PHASE 11 ,N m 0 3. GENERAL OPEN SPACE LANDSCAPE NOTES: IRRIGATED IN COMPLIANCE WITH THE WATERCOURSE SETBACK >. SIn DESIGN CONCEPTS INCLUDE: PLANTING PLAN. P-4 EAST & WEST TRAIL - PARK AREA EXTENSIONS LU 0 - '� A. BORROWING FROM THE HISTORIC LANDSCAPE WITH THE oo USE OF 'WINDBREAK' ROWS OF POPLAR AND ASH. 6. WATERCOURSE SETBACK PLANTING PLAN IS FOUND IN LS-1 AND LS-2 BAXTER LANE BLVD LANDSCAPING PLAN z c eS, B. OCCASIONAL GOLDEN WILLOWS WHERE SPACE PERMITS, APPENDIX 1-4 OF PUD. LS-3 AND LS•4 DAVIS LANE BLVD LANDSCAPING PLAN m E m REPEAT OF NEIGHBORING PROPERTY. ►'m C C. USE OF NATIVE/RIPARIAN SPECIES (DOGWOOD, 7. OAK STREET EAST 1/2 PHASE 1A: Z N Oi CHOKECHERRY, SUMAC, BUFFALOBERRY AND ROCKY MOUNTAIN OPEN SPACE LANDSCAPING ALREADY INSTALLED -480 LINEAR LS-S OAK STREET BLVD LANDSCAPING PLAN w a ma a i FEET. EARTHEN BERM SEEDED WITH GRASS, 15 SPRUCE TREES MAPLE) TO TIE IN WITH THE SMALL WATERCOURSES IN THE LS-6 NORTH 27TH AVENUE BLVD LANDSCAPING PLAN a AREA. AND 12 LARGE QUAKING ASPEN IN GROUPINGS OF 2'S AND SS A D. SPECIES WERE CHOSEN FOR SPRING BLOOMING, FALL Sheet No. 2 COLOR AND WINTER INTEREST. " E. NOISE AND VISUAL BUFFERING FROM BAXTER LANE WITH PARK APPROVAL N01E: i EVERGREENS AND LARGER BUSHY SHRUBS. PARK PLAN PROVIDED HEREIN IS NOT APPROVED WITH THIS PUD LANDSCAPING PLAN BUT IS SUBJECT TO THE G-2 REVIEW AND APPROVAL OF THE PARK AND RECREATION SUPERINTENDANT, UNLESS IT IS DETERMINED THAT IT o REQUIRES THE FULL REVIEW PROCESS AND APPROVAL BY CITY COMMISSION, PRIOR TO FINAL PLAT APPROVAL. of 2 Copyright 0 2008 HKM Engineering Inc.. All Rights Reserved. J � m 0 p >. i c m a • c, p m Baxter Lane LEGEND $ at .—.._. I , • " •• •• (PGA) ••(PGA) •(PGA) (PGA) (PGA) •(PGA) (PGA) (PGA) (PGA) v m (CBS) COLORADO BLUE SPRUCE — 9 0 Z (PGA) PRAIRIE SPIRE GREEN ASH — 19 _. $� �' i ' '•� / ' ��� \/\/\ / / /♦ I,• ! / / / 1\/ / o` ago fp'1''�/, '/\/\/ i / /!\ �/•. �r.vr" (ELM) BRANDON AMERICAN ELM — B DRAINAGE :'�;'':`/. 1 `` \ \ ''• '\ \ \ I t O` yy� \ ` EASEMENT m % ' % 'i !/i``•' I / / / % �/ / / ! O,/JI• (SHL) SKYLINE HONEY LOCUST- 5 rn / / / T • \ • 1 TR L o I�i'; i!:: !�' �//�'..`.•r'' , .`P: ,•� �! ` (NWM) NORTHWOODS MAPLE - 10 m I �'L /�•':�i�L _ ' i rJ,. , / i•\ � y \ \ \ (HAK)NORTHERN HACY.BERRY- 7 d Y S 113);•I A RC,Ol 3E/ (OMA) OAKLEAF MOUNTAIN ASH - 4 o° Q IL 0 (PSP) PRAIRIE SKY POPLAR - 9 / �H ,) ! H'AK.y. (MBA `/•'/ , /\ I'. \ \/ .z. o �' W \ \ \ \ ,♦ �H Y Nbs \ `•. \ �'.w 1 fir' \ \ AllZb ♦� pQ Q \ \ \ \ \ \' \. ♦ ♦ \(HM)1',7' dRTO)'•I, '•. � \ \ (CWL) GOLI)EN WILLOW- 1 p• J O / 1RR Y 4. cc (SBB) SILVER BUFFALO BERRY- 5 o m a / \ (RTD) REDTWIG DOGWOOD - 9 • W CC (ASH) PATMORE ASH - 3 S CB / ! / /. / / �"{�! ,�'.'';i!:('.'!:'•, j SENSITIVE PARK AREA — WETLANDS AND WATERCOURSE 'u (P SETBACKS. PLANT PER WATERCOURSE SETBACK I Ti ZAJLN ,: I PLANTING PUN ° \\( ;/��i i• ,' Dr'T�•)\'\ \/ !li,/ ' :',i`! / ! 1 I N PASSIVE PARK AREA — NATURAL GRASSES • ACTIVE PARK AREA - TURF law { SITE TRIANGLE TYPICAL SE 6 i�)t SANITARY SEWER MANHOLE DRAINAGE \ ♦; Y .Co i EASEMENT / / / I •;"' , :`1.%! /,''!•!. '•':I'/! ' Cl STORM SEWER MANHOLE PGA s \�/ ♦ c' •:" `I.` I�'/!i'•. ,', '!• ! I 1 o STORM SEWER INLET IRRIGATION WELL ♦ i i!''PR'AGA'CE /I acA' I Tschache Lang (NuMj - ;•��/ �/ 1 i i ii ;,':',•i(PCA'j I I Q PG yl T?-:j NOTES: A)' I 1 . 1. CITY OF BOZEMAN PARKS DEPARTMENT TO I 1; nro 1 N `�/ I I L7 ao Z :2 APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. DESIGN BY 2. SOCCER PRACTICE FIELD FOR GRAPHICS m /'. '� •�n -N- MIRY KECK PURPOSES ONLY. NO SOCCER SPECIFIC �NVI?�),.' (N lifR�', I �� IMPROVEMENTS PROPOSED. GARDEN CREATIONS W p f.nn / / :' F'•ii,.'` /;' ..I t�i 3. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF 411 N. 3RD AVE W p f m CO A ); ;� ��, SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE BOZEMAN, MT 59715 Z L c y a, HYDRANTS AND SEWER AND WATER SERVICES. (406)600-0409 \ \ \ \ :4A•TER'COt1RS A 1 N x 1 60 0 60 120 Sheet No. scale feet P-1 NORTH PARK AREA a Copyright ® 2008 HKM Engineering Inc., All Rights Reserved. J O d U p a 0 LEGEND 0 r om 0 • o (CBS) COLORADO BLUE SPRUCE - 3 •m 0 d O (PSP) PRARIE SKY POPLAR - 5 d c � z • (SBB) SILVER BUFFALO BERRY- 6 m m SEE SHEET P-1 z FOR TSCHACHE z moo LANE TREES +� (RTD) REDTWIG DOGWOOD - 5 • 3 o�� ! / / /♦ !:' / `````; t (PGA) PRAIRIE SPIRE GREEN ASH - 2 c WAIERCOL)AV ; (ELM)BRANDON AMERICAN ELM - 7 • 10 —� /\ / /\ \� - r SQ /, , :'•-_�•.. >_ f :' :' :• 11T' (NMI) NORTHWOOpS MAPLE - 3 Y N /XLu ! 1S y' d t� (YTD) YELLOW TWIG DOGWOOD - 9 a Wo° Q BOUNDARY \ \ \ pE,Tiq� / .(%: / :' / , �i ..,. • (� �\ � � '��, % :`i j ,: !'/! !•f' / � •�. ,4� (CCH) COMMON CHOKECHERRY CLUMP - 4 � \ \ \ _ ♦� . cc SP, :CIAS • lS'I TRA0., •!• / I:,• ; 1%\1 a � \ \ \ 4j " •'•'' ':' :' ;'/;!. .!•• '''/ %}'(•. :%!'! : PA SIG {�2:,, Y Q Q (ASH) PATMORE ASH - 5CL 0 Q SE 6 i t,'L (EOM) EMERALD QUEEN MAPLE - 3 E m SE 5 / NWM i /` / !� %♦ i J' :�`%Y ,3• OAK OUR OAK - 2 • f.. \; i /'1feF''��S)' ✓5 001 ( ) N uJ Ilk •,/�/ / /.\/` ;';' % •j !.'` i j%,r (eyM)y` ti, ' (TCA) THUNDERCHILD CRABAPPLE - 3 e `/ /� / % t %; ;• (SVId) SILVER MAPLE - ACTUALLY PLANTED - 3 AL 0. CLASS II TRAIL 1,-' RK AREA _ WETLANDS(6' WIDE TYP Iv. ' ` '':•' 'i, ! ' SETBACKS.SENSITIVE PAPLANT PER WATERCOURSE DSET13 CK�URSE % f`�%'• i<"•` ,• PLANTING PLAN , k�)•; 77 PASSIVE PARK AREA - NATURAL GRASSES At A r'/�',• ;♦ o" B /) ;( ,E S E ACTIVE PARK AREA - TURF (DMA) (PGA) ):: %i:i•';; :'•!;. :'.�:'',:'�y'•. /`' i�;`•l•'"!/`':`:!.•'•i:1 /!' SITE TRIANGLE TYPICAL �' �' CL•hS Y''1'RA1l'"j! y%. 1�ASH `' GRAVEL ACCESS (AI'MR D %yl'f')'!.!:/� ,�11;':' ROAD CTI �'•;`:v..a♦ �')••"',!•1''/ i•,YI ;f :•11;•' � �\� SANITARY SEWER MANHOLE o �\•i !: ♦ r / hi !.;: !, :'.•;•,. t'' '' A i O STORM SEWER MANHOLE ;,: :;,:`.f;`;'!'!'•:''; + I VA; w 11 STORM SEWER INLET H)l'%/',: IRR* IRRIGATION WELL Ng DRAINAGE 15`'\ / % :r bk EASEMENT La�ye *-,(ELM) �r rl(E NOTES: DESIGN BY m�Co�m \ ✓� ' '�� $Y •',J..►// 1: { 1. CITY OF BOZEMAN PARKS DEPARTMENT TO MARY KECK Iz >.Nmm y`•„ (ELF) 4 % !�. APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. GARDEN CREATIONS LII u r>` !•% 2. SOCCER PRACTICE FIELD FOR GRAPHICS 411 N. 3RD AVE m m \ <" " i!I•'� / _N_ BOZEMAN. MT 59715 W C 3(ELM).,- X I;•, PURPOSES ONLY. NO SOCCER SPECIFIC Z L cvv / " IMPROVEMENTS PROPOSED. (406)600-0409 _ u c' i •� / \ '•.,� ; I ✓: 3. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF m E• SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE O►'m ro- (` 161``• `•� HYDRANTS AND SEWER AND WATER SERVICES. Z N oc '/ W CDmdLL / i WATERCOURSE ",.• ; SETBACK ••!} / /., /\/ ,!,BRIO 1 I Sheet No. 60 0 60 120 P_nG CENTRAL PARK AREA Sale feet Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. o d U p 0 m 0 ° Co p n Q • o LEGEND SE 18 DRAINAGE (PSP) PRARIE SKY POPLAR - J z EASEMENT , za \ (CCH) COMMON CHOKECHERRY CLUMP - 4 0 m <o o < s;. Y - A' 1 "j �? (IDW) ISANTI DOGWOOD - 3 ° (� E s s r we \-U /\/•\� /\! E � /j >� (SBS) SKUNKBRUSH SUMAC - 6 J WATERCOURSE \ \\ ,\ \ '.t PIP' .0i (RMM) ROCKY MOUNTAIN MAPLE - 2 0 • / r /��/ / / . I,•• of RASE \ \. \ .\/�` •\ •` • w P /OU / i '/ / ND • /.;i\ \ \ `'•h:i (GWL) GOLDEN WILLOW- 1 21 V • �{ a (PGA) PRAIRIE SPIRE GREEN ASH - 2 vvv k v V' v • `,`/\�/,\•/`/, /, I r'..'�:' DENOTES TREE ACTUALLY PLANTED c .Q Q O Q Q Ne /.\ \ i. ROAD GRAVEL ACC S d F) cc C A'�S 1/T�yF Apl Z 5 '�8 'W:� \'�r• SENSITIVE PARK AREA - WETLANDS AND WATERCOURSE E m a ` \ i PLANT'PER WATERCOURSE SETBACK ° t SETBACKS. PLAN ' PLANTING PLAN l PASSIVE PARK AREA- NATURAL GRASSES ~ ' / , ' /\/�.•/'� I I '••:'�: \�_,�� \�. :'/Y'//.''•!: ACTIVE PARK AREA - TURF W 0 N O u /�• / \ \ I `t`—, F:,'//i,.' � SITE TRIANGLE TYPICAL OOF CLASS I TRAIL INSTALL TRAIL (10' WIDE TYP) r %� OLLA D �� / t / %; - \�it SANITARY SEWER MANHOLE ` i `\ ® STORM SEWER MANHOLE w I O STORM SEWER INLET ,{GWl)%';•'`.:'i:'•; IRR* IRRIGATION WELL a. \� I •.' ALQNG BUCKRAKE AVENUE m (PGA) 'o I �,�p. i i /• � $ (PGA) of SIGN U' 0 0 ' — 3- COLORA SPRUC AND NOTES:CITY OF BOZEMN PARKS DEPARTMENT TO m rc I APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. Z o m m x ^ 3- SILVER MAPLE PLANTED ON THIS DESIGN BY. lz m0°P —GK3�/N SaN saN CQft1 R BY LANDSC P CONTRACTOR —N GMARY ARDENS CREATIONS uj 00 f A—SANS Fr 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF a �n ut < •_••—•• •_••—••—••_••—••—• ••—••—• —• HYDRANTS ANTS AND SEWER WATER OR RM DRAINAGE MAJNS,ND WATER SERVICES. FIRE _o 0 n '••�••�••�••�••�"�"�' 411 N. 3RD AVE W O2mm Z MIXTURE OF ASH TREES ALONG OAK STREET Oak Street BOZEMAN, MT 59715 Z (406)600-0409 — 10 s •E• Pi Z NOC W mmaui. i b 60 0 60 120 Sheet No. feet SOUTH PARK AREA SCO1e P-3 8 Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. O 0 U V � y f ' LEGEND Q m SE 6 � (ELM) BRANDON AMERICAN ELM - 3 n ; .,: tTS q � v b SE 5 4 (OMA)OAKLEAF MOUNTAIN ASH - 1 z ti m W (NWM)NORTHWOODS MAPLE - 1 i^ s I Nds� ; zc O V � � u130r QQ� • ^y1T_ OWz (ASH)NORTHERN TREASURE ASH - 6 o z ti z g� D SA mo I rn C6AW (EOM) EMERALD QUEEN MAPLE - 6 0 CL A) 0 m .:'•i (OAK)BUR OAK - 4 $ • ti .z ���n, ��• rn.q•_ rtTr�``'+3 r }� S�n`� ,L'��� t _ CST r '^ (0 di r x • '� `•�'.. ' £ r' { y` .., z EOM OAK (ASH �• t `fit'+ a W \\ •�.. 2•.n -Z,S' N •-.5 =fir.; i:.,. M A,.,?S 'I'/ (,m) (TCA),, �� r V ;_sm: '.�y (OMA) za (p (TCA) THUNDERCHILD CRABAPPLE - 4 a (EOM) (ASH rn t3?`,{.f� :.,,r;. ,n i (CRC) (TCA) TCA ` O � u6N rn ti--�' 'o Q /• .may I`9' RA .o W ir '''y��F �\(TCA) (CRC)` --_owns CLASS II TRAIL ` V r (CRC) (CRC)CANADA RED CHERRY- CLUMPS - 4 `' Q ( .) X a , o-\ (JTL) JAPANESE TREE LILAC - 3 Z Q 0 d Winter r,r r ee SA N sAN IL ; II. E AiAm �Qa SITE TRIANGLE TYPICAL r° 6 F I b r I W W co WEST TRAIL PARK AREA EXTENSION (PHASE \\ SANITARY SEWER MANHOLE EA O STORM SEWER MANHOLE o o STORM SEWER INLET v Q o W IRR!� IRRIGATION WELL 1\ LEGEND �e<^ 4, (ELM) BRANDON AMERICAN ELM.- 2 9,y �\`• I (OMA) OAKLEAF MOUNTAIN ASH - 1 PA SIG L, NOTES: , ,: sN „`• , 7q t f, (ASH) NORTHERN TREASURE ASH - 6 1. CITY OF BOZEMAN PARKS DEPARTMENT TO j .`�• SF ^� ' �P APPROVE TRAIL MATERIAL PRIOR TO INSTALLATION. 10 FEET OF SEWER, WATER SOR STORMLOCATED DRAIN GE MAI WE INS. ANY FIRE jj (OAK) BUR OAK - 2 ,HYDRANTS AND SEWER AND WATER SERVICES. jj r (JTL i CA) �+ SAL' ne r: - (TCA) THUNDERCHILD CRABAPPLE - 4 TCA ` / / SAN = (OAK). - Y`-.. ` Sw .. (OAK;ti„;,:,�;4, 7CAa7� I (JTL) JAPANESE TREE LILAC - 6 I Q OMA CLASS II TRAIL ( ) a JTL) (Jn) SITE TRIANGLE TYPICAL O ti O n o (6• WIDE TYP) DESIGN BY Z -mnm Y _ MARY KECK 0: o m m� m Al A _N GARDEN CREATIONS W 3E E f w 411 N. 3RD AVE W-F m m Z ti BOZEMAN, MT 59715 Z c ov a SANITARY SEWER MANHOLE I (406)600-0409 u E m v fi L9 m u STORM SEWER MANHOLE Z o O c w amaa STORM SEWER INLET 'I IRR� IRRIGATION WELL ' 60 0 60 120 Sheet No. EAST TRAIL PARK AREA EXTENSION PHASE 1 scale P-4 R b 1 Copyright ®2008 HKM Engineering Inc., All Rights Reserved. Ali- J U O 9 O G a.m G a o S U Of V 01 Y U 6 C Z U 4 w N INSTALL 3 STON INSTALL 2 STONE BOULDERS Baxter Lane BOULDERS ...�.._.._.. _.,T..__..�..__..,..�..,.,..�..�..,. __ ^.__...,.v.,,.s._,.� _...�_.._.._.. �. _..�.._.._..^._. _. _.._.._.._.._ LEGEND ¢ ¢ ¢ ¢ ¢ ¢ a 0- a� a� a� .-. v v ... ® -�• (ELM) BRANDON AMERICAN ELM - 5 i •);` / 'liLi 17 / ( sy:/ ( S ( C (fig) A i /(f�) i (JTL) ('m) / G�4LS / ( ; / �� / 4i /'� ; ://' )' w� / (JTL) JAPANESE TREE LILAC -11 Z (OMA) OAKLEAF MONTAIN ASH - 6 In a. a r. (CBS ( SB2 z (CBS) COLORADO BLUE SPRUCE - 9 o Q gIL L) W Q W� iCq (ACC) AMUR CHOKECHERRY- 2 S) IV, - z I [ DZ. _ g s l L) wJ (PGP) PRAIRIE GEM PEAR - 8 a La a a N fA J 95) a �] L) Trade Wind Lane Trade (GWL) GOLDEN MALLOW- 4 Z 2 m a W. CBS) (SBB) SILVER BUFFALO BERRY- 15 (n • H W ` L) 11 FEw 3 � =;_ (RTD) REDTIMG DOGWOOD - 5 0 3:: m r' CBS) el (RMM) ROCKY MOUNTAIN MAPLE - 10 o BAXTER LANE W 1 12 (CCH) COMMON CHOKECHERRY CLUMP - 36 RMM) (SBB) (RMM (RTD) SB7 SHRUB �;a BED 1 (5 GAL OR LARGER) (SBB) (SBB) Baxter Lane West%Phase 7-Open Space yard-400 linear feet 25' Baxter Lane West'/.Phase S-Open Space yard-6301inear feet Elements Require/Column(Length/50): B Elements Require/Column(Length/50): 13 2 elements of 2 evergreen trees 4 CBS 6- (CCH) 3 elements of 1 s alm.ornamental 6 GJTL- t elementsof large canapy tree 1 GWL t i 3 elements of Ig canopy tree 3 GWL 1 element of 2 sm.ornamental 2 ACC 582 SHRUB BED 2 4 elements of I Ig pop-canopy tree 4 CBS 2.5 elements of 2 sm.omamental 5 n (5 GAL OR LARGER) 5 elements of 6 deciduous shrubs 30 SBB,RTD,RMM 2 elementsof 6 deciduous shrubs 12 CCH 15 Total 39 25, Table 48.2 BE a or 11 of 8.5 Total 24 NOTE: SHRUB BEDS EDGED WITH BLACK ALUMINUM UM Column A TYPAR WEED MAT AND elements Description Column B elements Description 1 large canopy tree 3 GVJL 3 evergreen shrubs and 3 deciduous shrubs Table 48.2 MULCHED WITH SHREDDED 1 large norcanopy tree 4 CBS 2 small ormmental trees 3 id Not 0 of AR 2 small ornamental trees 2 large evergreen trees Column A elements Description Column B elements Description _ 6 evergreen shrubs1 large canopy tree 1 GWL 3 evergreen shrubs and 3 deciduous shrubs 6 evergreen shrubs 5 SBB,RTD,RMM 1 large nancampy tree 2 smaA ornamental trees 2.5 JTL Total 7 Total g 2 small ornamental trees 1 ACC 2large evergreen trees 2 CBS 6 evergreen shrubs 6 deciduous shrubs 2 CCH N Total 2 Total 6.5 I j r 41 NOTES: tl a o 1. GRASS, IRRIGATION AND STREET TREES SHALL BE Z >m m n PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN _m A R•' CURBS AND SIDEWALKS. DESIGN BY.' Tm CS coo 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF r _N_ MARY KECK W GARDEN C p�^� SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE REATIONS Itl- CD CO HYDRANTS AND SEWER AND WATER SERVICES. 411 N. 3R0 AVE Z c vv BOZEMAN, MT 59715 _p to,- (406)600-0409 (�tm-E c.KK. 2 NO-r 3 W aMIL i 60 0 60 120 Sheet No. � scale feet L^—J i V\ 1 8 Copyright ®2008 HKM Engineering Inc., All Rights Reserved. _ k J N U a � O 0 O O >. 00 m Q JJ• 2 O > U � y u d L Z U LEGEND Co z m <o • (OMA) OAKLEAF MOUNTAIN ASH — 6 • ; 5 Z i Y O W2� (PGA)PRAIRIE SPIRE GREEN ASH — 3 'm a .m 0 �. (ELM) BRANDON AMERICAN ELM — 5 • �.' Z m (CBS)COLORADO BLUE SPRUCE — 3 �[ (SBB)SILVER BUFFALO BERRY— 12 .o f1 Q • U U (RMM) ROCKY MOUNTAIN MAPLE — 10 r. ,, ., ., , ., , z f g (RTD) REDTWIG DOGWOOD — 5 g Q O a V La > I i (CRC) CANADA RED CHERRY— CLUMPS — 3 a a 0 m ..�..�. Baxter Lane ......�.. ..�........��..�..�..�..�.. ........ .. ..,.................................... RMM RMM) a m T (PGA) (PGA) (ELM) (ELM) (ELM) (ELM) (ELM) (PGA ( `•�(RTD)o ~ SBt SHRUB BED 1 • W 3- 5) MA W (5 GAL OR LARGER) (SBB) (SBB) w S81 j '`i+y S81 SB1 y N1 S81 25' Q CB (CRC (c ) (CBS) CRC) (CBS) I o m 3 (OMA i NOTE: SHRUB BEDS TO / BE u�J \� P EDGED WITH BLACK ALUMINUM o 21 TYPAR WEED MAT AND MULCH I MULCHED WITH SHREDDED o` CEDAR • PS _ RACTICE I CLASS I TRAIL ' I IELD i (8 WIDE TYP) ` '.,' , JTLk i r_ ;4- Hedgerow Court JTL 40 / W -————————————j WETLANDS RCA (TYP) WATERCOURSE RCAJ At DESIGN BY BAXTER LANE E 112 MARY KECK GARDEN CREATIONS 411 N. 3RD AVE 8 BOZEMAN, MT 59715 (406)600-0409 m 8 Baxter.Lane—East%r-Opens ace vard—570 linear feet r Elements Require/Column(Length/50): 11.4 1.5 elements of 2 sm.ornamental 3 CRC a 3 elements of I Ig.non-canopy tree 3 CBS 3 elements of 2 sm.ornamental 6 OMA H B 5 elements of 6 deciduous shrubs 30 SBB,RTD,RMM v rai M s NOTES: 2 >w m r. 1. GRASS, IRRIGATION AND STREET TREES SHALL BE 12.5 Total 4217 PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN C'm h m m CURBS AND SIDEWALKS. w 0 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF Table 48-2 y1 6 g m mo SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE g Of g of c HYDRANTS AND SEWER AND WATER SERVICES. —N Z c Column A elements Description Column B elements Description — m E m 1 large canopy tree 3 evergreen shrbs and 3 deciduous shrubs �~�u., 1 large noncanopy tree 3 CBS 2 small ornamental trees w N o c i 2 small ornamental trees 1.5 CRC 2large evergreen trees 3 OMA w mmaa v 6 evergreen shrubs i 6 deciduous shrubs 5 SBB,RTD,RMM orSheet No. n Total 4.5 Total 8 60 0 60 120 scale feet LS-2 8 Copyright 0 2008 HKM Engineering fnc., All Rights Reserved. l 3 VOS 01.LON N Y d JMdVOSWIVI an19 3Nd1 SIAba V£99.999(90V1:eu 4d Si ONVAVaa N3u )IUVd J.11N M03 SGMM 1S3M e co 1 3arsv3n 1oN 9LL8S 1W'uewe2 S300 ave Saa!I y eil�S''PM8�(Bolou4081 OZ8 wwi4 y Of m �wvsz08 alga L..I�IA.8ON ONINSVM AIMMOJ 43NNH"Id S4NIM 1S3M '100 paAo,ddV 9,l00 PeX3340 OAN8 uMoJ00 AVI POU610000 9GOZ lJVW 0100• 6MP'NVId UVOSONVI-MM•SZVL90SY0 :1300 d 0 ' d o � N d u °1 v C n � n 0 L F��o+ b < aaf-g < W < 2 �w pi=a - N w QOZW W � Q CAN N a o I O �<vmg O Ix 4 Le Z W � 9 � V z w M 0 Y o = W a m m e V a w O Aft * k' n 0 U "mmmm NAM 100 I C Winter Park Street co /ol I � I A( i c i Z�b OtiN W • z OqZ ~ I ( WIC C �OO ' S;'.•'r ' J Q. I ) I ( � I � PHASE 5 W iBreeze Lane V11 a• � �aW 'j 0< Zas aZ ' pZq OJpZ I !T) QU WO< ( � RQj m 0�Cy� i F4aQNWN o O �n C NW00 V 1 N?Z W<N N Sm Z CWCQ Oct WWY ( Z.=aUNV12 I .9 (E G S• Z 2WLZ i b UW� • � W W N I ( O�2 It a] � a a� I y ' U i LSn WV IY:OIRI 900Z/fI/Z 6MP'90-Z P••P•a-tMd 3dVOSONVI-MM\6•W\lZU905\fO\:O J o � m 0 o G 0]o O Q 2 LEGEND 0 . - 's y d L Z f (PGA) PRAIRIE SPIRE GREEN ASH - 5 I m cs z <y (ELM) BRANDON AMERICAN ELM - 4 ° z !m o > o Pos ri�� M, Iy (EOM) EMERALD QUEEN MAPLE - 6 a 'a .•'.'S• (OAK)BUR OAK - 8 m zq (CBS)COLORADO BLUE SPRUCE - 19 a ' Y a (FHL)FRENCH HYBRID LILAC - 114 �; d RACT 4A-I FUTURE v IN GROUPS OF SIX - OS 2202E B XTER MEAD WS O SUBDIVJSIO • (� STREET DEDICATION PHASE 4 g PUBLIC STREET EASEMENT ; DOC. NO. 2103143 c _...,._ .._. _ ._. _.._ _. ._.._.._.. Davis Lane 5 g 1� •• w .. o 0 n o• •�..� ..0.. o m "r�.i �..._....v.._a_.. STREET DE O to p J ..�- .� n v i A a --r-•• "�G8[IC r•L�9Lt�wv i_.._. 8 � .nJ.9.. �A1•i.. Nt^ _e's: D ; DOC Atj 2J03J43 Z ,yA �'' Nit, ✓.'L. � � � I .` m g '� y N coLLJ lL n, rn D Dy D rn m rnrn, : 10 'rl a DA VIS LANE N 1,1 H Davis Lane North-Open Space yard-•680 linear feet � Davis Lane South_Open Space yard-•260 linear feet Elements Require 1 Column(Length/50): 14 Elements Require/Column(Length/50): 5 14 elements of large noncanapy tree 14 CBS s 5 elements of large noncanapy tree 5 CBS 14 elements of 6 deciduous shrubs 84 FFL' Good 5 elements of 6 deciduous shrubs 30 FHL' Good 28 Total 98 0 10 Total 35 H Table 48-2 Table 48-2 #Of #01 Q 2 Column A #of #of Column A elements Description Column B elements Description elements Description Column B' elements Description 9 1 large canopy tree 3 evergreen scrubs and 3 deciduous scrubs 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs to 1 large roroanopy tree 5 2 small ornamental trees 1 large norlcanopy tree 14 14 CBS 2 small ornamental trees DESIGN BY.' t9 a o s 2 small ornamental trees 2 large evergreen trees 2 small ornamental trees 2 large evergreen trees MARY KECK Z>w ro NoNo GARDEN CREATIONS -m °P 6 evergreen scrubs 6 evergreen shrubs 411 N. 3RD AVE 0: a m m 6 deciduous slvubs 5 FHL 6 deciduous shrubs 14 84 FFiL BOZEMAN, MT 59715 W Total 5 Total 5 Total 14 Total 14 (ao6) o- z c c a a 6004os w-6�m m Si -uW.. o mEm z N~N O"X OC W NOTES: I ul cn m a u 1. GRASS,-IRRIGATION AND STREET TREES SHALL BE �— z i PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN CURBS AND SIDEWALKS. I Sheet No. 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF ' SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE 60 0 60 120 (1 w c HYDRANTS AND SEWER AND WATER SERVICES. J (,� scale feet s Copyright 0 2008 HKM Engineering Inc., All Rights Reserved. o m U o 0 m 0 o >, � m G Q 2 LEGEND L) OMA� Y OMA o0 Z ' AJam)I (JTL)JAPANESE TREE LILAC - 43 m o^Ono TL) O DENOTES TREE ACTUALLY PLANTED o Q mo q WATERCOURSE SETBACK I .x ;o i _ o m c . EARTHEN BERM ALREADY I 4F v• PHASE 3 FHA 1A PLANTED WITH 15- SPRUCE AND 7 12- ASPEN 0 Oak Street Y as N d ' a a -N- p V '�J-ZONED R-2-A SUBDIVISION �� PHASES 3& 4 f N PLAT✓-315 t g a o �• 0. CU0 OAK STREET E 1,,2 a a g (d� 60 0 fio 120 c 0 m m scale feet F„ Cl)W C* NOTES: V) O 1. GRASS, IRRIGATION AND STREET TREES SHALL BE a PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN o CURBS AND SIDEWALKS. 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF v SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE .o HYDRANTS AND SEWER AND WATER SERVICES. a C N O W p • ( �✓rz i U O • r DESIGN B 4 o Y I ( ) MARY KECK o W GARDEN CREATIONS N I f/� 411 N. 3RD AVE vF d' 4 vJ BOZEMAN, MT 59715 (406)600-0409 14 T CU F N Q I 4-15 N I J J J J J r F- F- .F- .F-. .FJ- r H r FJ- r r F- r M- r H r F-- I r r r /~ r r r r •F F r F r F- I M r J J J J J J J J J J J 7 � v v—..�..�.�..�..—..�..—..�..—..�..—..�..� .�..�..�..�..�..�..�..—..—..�..�..�..—..�..—..�..�.. Z»mom mF:a? } Oak Street m m -N- nn W 62oo 3 Z t e a.' S UNPLATTED �a F-mc.KK.m W/ PL H. & CHAD£RIPPLINGER COMMON OPEN SPACE Z O c le HARVEST CREEK SUBDIVISION PHASE 11 PREVIOUSLY DEDICATED AND W BETTY ANNE LOT 1, BLOCK 23 IMPROVED BY HARVEST CREEK o a n SIPPLE TRUST HARVEST-"CREEK 43.424 S0. FT. SUBDIVISION 60 0 60 120 Sheet No. OAK STREET W 1,12 scale feet LS-5 0 i 1 Copyright 0 2008 HY.M Enginccring Inc., All Rights Rc3crvcd. om U 0 0 0 w O a n m ' • - LEGEND (PSC) PINK SPIRES CRABAPPLE - 5Z Tempest Court to y ^� O D/ (RCA)RADIANT CRABAPPLE - 8 c Z 'm��o t7 a � g o� • a �E y ,. x 0 i = (TCA) THUNDERCHILD CRABAPPLE - 2 O v ACC AMUR CHOKECHERRY- 7 c cU ' (JTL)JAPANESE TREE LILAC -17 m oai _ ': (OMA)OAKLEAF MONTAIN ASH - 10 ° n' p` C- FJ �� • O -H OO'x0 ' �' D- D D j n (,D � y s s ; _••_••_" •• v D D D n n n ' CRABAPPLE - 7 t fed TCC) TH UNDERCHILD � 2 G �..�L.il.•tiOr...�..� .�..�.��.. �1rDL.�..�..?N�`A' v• `A� A n D _ll �. 00 North 27th Avenue (PGP) PRAIRIE GEM PEAR (OTY- 3) 1,10. g V J a IL m m'. a 0 o p m q ZONED ZONED R-3f� I J sy� -v -v Foyr 'CS ED R-J��, I NORTH 27TH AVENUE S 1 2 w W a NOTE: —Z o N THE STREET TREES FOR THIS SECTION ALREADY PLANTED. z f 60 0 60 120 m scale feet ° o. • rr1 m NOTES: T 3 ' 1. GRASS, IRRIGATION AND STREET TREES SHALL BE U PROVIDED IN THE PUBLIC RIGHTS OF WAY BETWEEN v CURBS AND SIDEWALKS. Leeward Court ` 0 v ' 2. NO TREES SHALL BE LOCATED WITHIN 10 FEET OF u SEWER, WATER OR STORM DRAINAGE MAINS, ANY FIRE n HYDRANTS AND SEWER AND WATER SERVICES. O D . 0 N cnco i Y m m N i N ilea .� .i..�..� > . �..—� D D�D•. >•.Dr Neu D VI (n N Q O t7 y\ •s• Q I North 27th Avenue CoCo cosgcr DESIGN BY.• m,z ap 17 MARY KECK &N ama m v cy GARDEN CREATIONS W a f-=' 411 N. 3RD AVE W 2 m m 01 BOZEMAN, MT 59715 Z t c 0 ._..0 Fti (406)600-0409 - u•.. mEm ►-No.. W mtnaa NORTH --27TH AVENUE NNORTH AVENUE N 112 Sheet No. NOTE: 60 0 60 120 THE STREET TREES FOR THIS SECTION ALREADY PLANTED. LS-6 i b � scale feet Copyright ® 2008 HKM Engineering Inc., All Rights Reserved.