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F Z-07141 West Winds Phases 4-8 Mods to PUD r Northeast @ Oak ST& Davis LN Ac:n,- r .•;ui<'' Cascade Development xf June 7, 2007 F T P� i . ��� . �� � 6 � � _��� �, _�. ��, 'r - � ��` ! �; _ �f�_ �- \�J�� 1,�,-� ,. _ ���� . ��� �, i f ��s �V • - � FILE REVIEW SHEET PLANNED UNIT DEVELOPMENT File Name: \ Wm5� 1"O KAeSNurnber: ! Reference Files: �050 v5oA Date Date Done N/A Due Done By Accept for initial review letter (5 working days after application deadline) ❑ Adequate for continued review letter (20 working days after application deadline) ❑ DRC itutial week review "� ❑ DRC second week review ' / ❑ DRC final week review ❑ DRB staff report due ❑ DRB meeting ` ❑ W" review—if applicable ❑ Comments from other review agencies due ❑ Prepare project map for notices ❑ Notice to applicant and adjoiners (not less than 15 or more than 45 working days ❑ before the City Commission hearing Post notice (not less than 15 or more than 45 working daps before the City ❑ Commission hearing Newspaper notice (not less than 15 or more than 45 working days before the City ❑ Commission hearing City Commission staff report due ❑ City Commission hearing date 16 I A 7 ❑ Final approval letter to applicant % �j ❑ Recommended Recommended Approval Recommended Date N/A Approval with Conditions Denial DRC action ❑ DRB action ❑ WRB action ❑ Approved Approved with Conditions Denied Date City Commission action ate Final Site Plan due: ate of Final Site Plan approval: ate Final Site Plan approval expires: 'C /2—oob Improvements Agreement required? ❑ Yes ❑ No Date returned: Date financial guarantee received: Date financial guarantee expires: ate financial guarantee released: Date Temporary Occupancy is granted: Date Final Occupancy is granted: I BOZEMAN PLANNING AND • _ L ' - Project Activity Log City of Bozeman Department of Planning and Community Development COMMVNITY DEVELOPMENT Project Name: File Number: 7 z Date Activity Log Staff Members(s) Staff Hours Cumulative Hours S kS � S f � ` o e I IS2, pia► .► a tiG - CITY OF BOZEMAN PLANNING & COMMUNITY DEVELOPMENT 20 EAST OLIVE STREET P.O. BOX 1230 t o BOZEMAN, MT 59771 ETU' TO O t SENDER c � f' ` REASON CHEOH Square Stub PU® Ph 1 & ED �. C� D Unelaimed_____t3efuse0 n see Master AttemWed•Not known_ 8 ��� AUG 2 1 2,337 Insufficient Address General Delivery No such street No such office in star Bo.za fall, 1 F Ati nD AND G;,, °'f:.. _. ,";✓.ENT Do not remail in this envelope ww ` T `.�.,'" Via:• • r y s s s s s s t +s s s s s f s s s s s s s s s s THIS ENVELOPE IS RECYCLABLE AND MADE i .; i s .;i t i tilt ! i E s t i i i t E + l e s t L i s t{t t o WITH 30% POST CONSUMER CONTENT. - CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT I 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 NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have, been submitted that would modify the conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of—85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY • BOARD COMMISSION f Wednesday,September 5,2007 Monday,October 1,2007 7:00 p.m. 6:00 p.m. Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 Y _ an C� - R-1 B-P ` 13 xterLn I R-4 oa ..._.__..._Oak-St`� ounty ulcru LI —N Land Page 2 BILLINGS MT 591 CITYJF BOZEMAIII 17 AUG 2007 PM 1 T PLANNING & COE'.7 MUNITY Q�V F_LOPMENT 20 EAST OLIVE STRIEFIt PR,BOX 1230 MT 5977 F2 Casc 'I 1&Develo�an^eeo�t ± ` •\ \ 1 . "A Bozeman, M T 59718 '•1V I,sL:[E. 'SS'1. G7E Y '�O '�B�R�izL3��7Z' -RETURN TO -.SENDER NOT DELIVERABLE AS ADDRESSED tt \\ UNABLE TO FORWARD W BC: S9771123030 *1536-15426-17-40 �.�-�1�,.�.:�,�.��.�i�3o ll,i,1,1„l►„Il►„I,,,II,►,Il„J,l„Il,ll,,,,,li,ll,,,,,J,ll { I � { r. �` � � Y !. <. x A ,� � . .'[ s .- I .r ; ._ ._._. `�. .. .� �`� � — > ...r .• ti� �{ � •�r � !. -. . usn39 6"1 J CITY OF BOZEMAN PLANNING & COMMUNITY DEVELOPMENT 17 ALIG 21307 PM I L. 20 EAST OLIVE STREET PO. BOX 1230 BOZEA1AN, MT 59771 CLC �' � HE James Walden +� _ _ s 323 (Mineral Avon�ue DEPAP:nFPp ��a�vihc Bozeman , MT 59715 .X SB'1 -NFE '1 '2081 OB O$!"1• /•O7 FORWARD TIME EXP RT1J TO SEND WAL.DEN 1:576 BUCKRAKE AVE • BOZEMAN MT 59718-4527 RETURN TO SENDER ,�-;i3 1012oo 1,J,1,J,1„1,,,11,,,J,,,11,,,II„1J1►,I1,11,,,,,11,1)J,►►►l,ll ��, i �s i '� � � 5 f Y + C ' ` 3 � - J�` r � «. i w.. J I� �.... (�. ...�. 7 :• !- i ...� ,i �..�. .w.�. .u. • � • •^ �� • CITY QF.BOZEMAN PLANNING& COMMUNITY DEVELOPMENT :L7. ALK3 2007 PM 1 T e, .20 EAST OLIVE STREET P.O. BOX 1230 �. BOZEMAN, MT 59771 W�s Arlee Green Construction inc. V IE .:?ARTMENT - IO I ANU UUVI o N 5S1 NFE -1 16061. Z06E6' SiO7. FORWARD TIME EXP "RTN TO SEND ARL.EE GREEN 'CONSTRUCTION INC IS.26 BUCKRAKE -Ave BOZEMAN MT 59719-5105 ti,I V�I RETURN TO SENDER �! � �, @� � �� •p '' i �, �� �. �� I� J' r /, � � L /r ti @� I�I � ` �, . �\ . 1 �+ 6 � / �.� //// ��� A f� ,` � ....r ..�. ��j ��. t ..�.. t �� ! '. .f a j .�� . � .... .i .."� K�' �s , ;, +.� �,- }i�•`.' �� � �` `. i AL.LlivG:> Ve b A. . CITY OF OZ - B • � PLANNING tt & COMMUNITY QEVELOIJiv,�; ( 2 0 EAST OLIVE STREET P.O. BOX 1230 BOZEMAN, MT 59 7) AUG � 2 2207 � - DEP RTh1EhT�`f f' NING &-1 , , C IMUN'i _=L�P - T -. Bozeman Congregation of Jehova 1367 Thomas ®rive Bozer» nMT 59718-8565. U� 6 `Ci��i•��P . RETURN TO •SEN®Ei? NO MAIL RECEPTACLE UNABLE TO FORWARD vi DC: 59771123030 *1636-16469-17-42 •� 1�� yg�d12:30 I,I►I,I,I„I,,,II,,,I,,,II,,,II►►I,I„ll,ll,,,,,ll►ll►,,,,l,ll i �• y 1 t t t s f s THIS ENVELOPE IS RECYCLABLE AND MADE t E -' i t t t I t t t t ;! i t i t t t t t t's t t t i'• 't WITH 30% POST CONSUMER CONTENT. CITY OF BOZEMAN ' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT v�o Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 "t P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozetnon.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the conditional use permit for a plamied unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are .receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Plamiing Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HK1V1 Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of— 85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW 1/, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Wednesday,September 5,2007 Monday, October 1, 2007 7:00 p.m. 6:00 p.m. Corrununity Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning • zoning subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 un ntl _ R-1 B-P B xterL-ri J � R-3 L - -� Oak St .ounty EEfUij _—N ,Land" Page 2 Wa, pr^ � 0.•. I BILLINGS MT 591 CITY OF BOZEMAN PLANNING&COMMUNITY DEVELOPMENT 17-AUG 2007 PM 1 20 EAST OLIVE STREET PO. BOX 1230 BOZEi""AN, MT 52LZ1 ETtlq i TO F;... SENDER UnC►aim�oP: C4EgKED Harvest Creek Sub Phases 10 8� I �- [E � W E5 Attempted-Not U Notinoarn--- Open Space Master AQIr) 2 1 21'37 insufRtfent�lddresa Plo Such rrcet—_..number`" General DeRve 1, ftosuch office in state` ���ebllatl, M`r DEPAR-MERIT OF PLANNING Do not offic in AND CC'.a,V. uEVELOPMENT this erNelope r l . THIS ENVELOPE IS RECYCLABLE AND MADE ` WITH 30% POST CONSUMER CONTENT. • CITY OF BOZEMAN Ell DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Is Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fcx 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to tine Conditional Use Permit .for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of—85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW r/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY • BOARD COMMISSION Wednesday,September 5,2007 Monday,October 1, 2007 7:00 p.m. . 6:00 p.m. Community Room Conununity Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning • zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Conrununity Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 6nA B-P Larttl _ R-1 Baxter L-n �FH.� R-4 J O� � 1 > N • C o: Oak-St o�unty ErTi — N /l and Page 2 "u"sn3�rw. BILLINGS MT 591 a� 0' CITY OF BOZF .:': PLANNING& COMMUNI1Y ULV 1 AUG"2007 PM 1 T � 20 EAST OLIVE STREL i - r P.O. BOX 1230 BOZEMAN, MT 59771 Northwest Homeb riders LLC 'go Bozeman, MT 5971611 W. Fairview 'C'.ircle Q,N RETURN TO w SENDER:CN�UFFTCTENT •ADDRESS UNABLE TO FORWARD O`,' V_ BC: 59771123030 X1635-15249-17—+40 rz,S-?1 .'te00709101230 1,1,1,I,l,►I,,,II,,,f�„11,,,II„I,1„11,11,,,,,11,11,,,,,I,II � ., ��, . �. , . �.. �-�° . -: � ,� 3 CITY OF 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.bozemon.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718, pursuant to Chapters 1.8.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of—85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW 1/, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Wednesday,September 5,2007 Monday,October 1, 2007 7:00 p.m. 6:00 p.m. Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning • zoning • subdivision review annexation historic preservation • housing • grant administration neighborhood coordination The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 Coun y -La nd Baxter Lli R-1 B-P M M > R-4 0 J � ----Oak�St ounty Tr- Fil —jN Page 2 CITY OF BOZEMAN PLANNING & COMMUNITY DEVELOPMENT ._i 7�_AUG 21007 Pf*9 -I. 't. 20 EAST OLIVE STREET P.0. BOX 1230 BOZEMAN, MT 59771 6,4- �Od Ridge �H,vvc strnenfs LLC R1MEN��o��pMEtS� _._. PNo�pM _ ors �:�3 :.::��.. :� �:.•.� �� RETURN TO SENDER NOT DEL_IVERADL.E AS ADDRESSED UNAMLE TO FORWARD ,N SC: 59771126030 '*1636-16725-17-40 `�.,\ �' f ', r �� � / 1 Y t /, 1 i �.i _� Y~' � � f \i t / ....r� .. � ..� �r.�n �..v � .....r �.w h �E,`` f ° r �' 1��,' ,�.' ....r t � ... .i• �� � �, f�.0 i � ....... '� �� �� �� �� RILLIPjGS 61T 551 CITY OF BOZEMAN `vr PLANNING & COMMUNITY DEVELOPMENT 17 AUG 2007 PM 1 T µ 20 EAST OLIVE STREET 39 PO. BOX 1230 BOZEMAN, MT 59771 �� jr::1 11�irhael ��c� �-1t$ vhav�206 Mountain ` 13w Drive College Place, WA 99324 c V� NIXIE 992 DE 1 00 09/22107 Il ' RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: S9771123030 *1636-18942-17-42 V .,AS)?7-y0_L@1230 I ; . . \ �L •:1'y • j The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 "Li dy �, - R-1 B-P • B xter L� R4 CL 1 i __N a ounty uT� • • Page 2 • t CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT I Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 "I P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeinon.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are receiving this notice because you are the current • owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Conunission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider • the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 5971.8, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of— 85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW 11, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). • PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Wednesday, September 5,2007 Monday, October 1, 2007 • 7:00 p.m. 6:00 p.m. Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning • zoning subdivision review • annexation historic preservation housing • grant administration • neighborhood coordination • . .:. F I LLI N,G S Mt 591 CITY OF BOZEMAN PLANNING & COMMUNITY DEVELOPMENT 17:-AUG 2007•PM 1- -., .. 20 EAST-OLIVE STREET'°''°"-:'`"" """ P.O.-BOX 1230 BOZEMAN, MT 59771 Justin. Leu rr 66 Wed¢ Alexa Court4,4�A `Bozeman, PAT 5971$N66.9 7 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 597711.23030 *1636-1-6218--17-42 0 ' � � � �. � l,1,1,I►I„l,,,ll,,,I,,;1),,,ll„l,)„)l,ll,,►►,)),)1,,,,,l,ll I a a r �I t J I I I {J 1 f i I I I I ►f 1(I I I I I Jill I Ili 1 IJI I THIS ENVELOPE IS RECYCLABLE AND MADE y WITH 30% POST CONSUMER CONTENT. ' 4 0 • West Winds MaSub Phases 4-8 Mods to PUD #Z-07141 (LW) Cascade Development, Inc. John Dunlap 1627 W. Main St., Ste. 223 Bozeman, MT 59715 HKM Engineering, Inc. 601 Nikles Dr., Ste. 2 Bozeman, MT 59715 i n Cascade Development, Inc. Cascade Development, Inc. Cascade Development,.Inc. John Dunlap John Dunlap John Dunlap 1627 W. Main St., Ste. 223 1627 W. Main St., Ste. 223 1627 W. Main St., Ste. 223 Bozeman, MT 59715 Bozeman, MT 59715 Bozeman, MT 59715 Cascade Development, Inc. Cascade Development, Inc. Cascade Development, Inc. John Dunlap John Dunlap John Dunlap 1627 W. Main St., Ste. 223 1627 W. Main St., Ste. 223 1627 W. Main St., Ste. 223 Bozeman, MT 59715 Bozeman, MT 59715 Bozeman, NIT 59715 HKM Engineering, Inc. HKM Engineering, Inc. HKM Engineering, Inc. 601 Nikles Dr., Ste. 2 601 Nikles Dr., Ste. 2 601 Nikles Dr., Ste. 2 Bozeman, MT 59715 Bozeman, MT 59715 Bozeman, MT 59715 HKM Engineering, Inc. HKM Engineering, Inc. HKM Engineering, Inc. 601 Nikles Dr., Ste. 2 601 Nikles Dr., Ste. 2 601 Nikles Dr., Ste. 2 Bozeman, MT 59715. Bozeman, MT 59715 Bozeman, MT 59715 1 Etiquettes faciles a peler Consultez la feuille www.averycom Utilisez le gabarit AVERY@ 51600 Sens de chargement Onstruction 1-800-GO-AVERY n� L n� 77 CITY SOZEMAN N 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 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net November 9, 2007 COPY John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Preliminary Plan (Z-07141) West Winds PUD Phase 4-8 Subdivision Preliminary Plat (P-07028) Dear John: At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan. 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.. Regarding the West Winds PUD Modification Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions. Please be aware that all previous PUD conditions of approval and code provisions (as approved and/or amended from May 24, 2004, and July 5, 2005) are still applicable to the West Winds PUD and will be included in the Conditional Use Permit. West Winds PUD Modification Preliminary Plan 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 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. i 3. In keeping with the intent of the original PUD condition of approval 411, 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 411 planning - zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination r 7T shall be modified as follus Stormwater facilities shall be desi 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 420, 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 420 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 422 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 434, 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(§)shall designate the n te umber of non congrega 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. Page 2 12.Any-request for_Breeze.Lane-west-of-W-indward Avenue-to_ beedeveloped::as-:a:private-street--at less than City standards shall be reviewed through-a-future_application`for-Modification_-torthe� 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 43 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. West Winds PUD Modification Preliminary Plan Code Provisions: In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. Page 3 t a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies f 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 j 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. Also at its October 1, 2007; public hearing, the Bozeman City Commission voted to conditionally approve West Winds PUD Phase 4-8 Subdivision Preliminary Plat. Regarding the West Winds PUD Phase 4-8 Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions. West Winds PUD Phase 4-8 Subdivision Preliminary Plat 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 ink West Winds_shalLbe,desi-gned-to-provide-a-str--eet connection-of Breeze-L'arie extended to a,partial access intersection at Davis ane, fnal=location subject to Engineering and Planning-Department review=and%pproval. 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. 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. Page 4 M f 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. I 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 coma_-ercial, 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-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 Page 5 will not be deemed complete until the resolution to create the SILD�'ias been approved b the City p Pp Y Y 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. j 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 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. Page 6 t Fw }The master plan must dep he maximum sized detention/retention asin 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 finished 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 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. i 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. Page 7 1 J• 0 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. i 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. Page 8 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. 38. 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. i 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 271h 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 271h 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 infrastructure plan and specification Page 9 7 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. West Winds PUD Phase 4-8 Subdivision Preliminary Plat Code Provisions: In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. iPursunnt to Section 18.42:040,a right-of way for a p-e-destrian=wank;rrot-less-than 10 feet wide;shall be required toensure-that-rio blocks exceed'S00 feet: `Unless the-pedestrian_r-ight-of way=is-a m�O-U of=30--feet-wide,the-setback adjacent to-it shall-be-a minimum of 15 feet. These_rightsvd) way and a note shall be on the final plat denoting specific=locations;subject to=review=and appr vao 1'� 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 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. Page .10 ! � I e. Per Section 18.50.090, exoct waivers of right to protest creationopecial 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 Secti.on, 1.8.78.060.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 major subdivisions and three years for multi-phased major 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 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. Page 11 1. The applicant shall submioth the application for Final Plat row 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 (pdo 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. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. 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. Sinctrely, J�- Q�N\ anette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 Page 12 • Brian Krueger From: Andy Epple Sent: Monday, May 18, 2009 10:28 AM To: 'title, Clint' Cc: jdunlap@cascadehome.com; Brian.Krueger; Susan Stodola Subject: RE: Villas at West Winds-Workforce .Housing Gentlemen, sorry for the delayed response. Here are my decisions on the questions relating to workforce housing and the alignment of Breeze Lane. Modifying the alignment of the Breeze Lane public access and utility easement will not trigger the need for a new preliminary plat submittal, as agreed to in our 8/27/08 meeting with Clint Litle and Art Wittich. Nor will aggregating five or fewer lots within a platted subdivision since,again, that sort of amended platting process does not require submittal of a preliminary plat. Accordingly, I find that Work Force Housing Ordinance provisions will not be.applicable to those processes (re-aligning Breeze Lane and aggregating lots). At our meeting on May 1, 2009, we talked about the process needed to propose a less-than-standard street width of 53' for Breeze Lane, and /or to propose reduced setbacks from Breeze Lane if the 60' width is required. Just to restate our conclusions on that subject, you need to submit a Conditional Use Permit application to modify the Planned Unit Development,to ask for the aforementioned street/setback relaxations(plus any other relaxations you need to request). The CUP application could be reviewed concurrently with the other two applications needed to move the Villas at West Winds project along—the Master Site Plan application for the overall phased development; and the Site Plan application for the initial phase of the project. We are prepared to process each of these applications expeditiously as soon as they are received. Let me know if you have any questions or need any additional information. Best regards, Andy Epple From: Litle, Clint [mailto:CLitle@hkminc.com] Sent: Tuesday, May 12, 2009 4:46 PM To: Andy Epple Cc: jdunlap@cascadehome.com Subject: Villas at West Winds - Workforce Housing Andy: As a result of our meeting on May 1, 2009 regarding the Villas at West Winds you were going to provide a written decision on workforce housing and the alignment of Breeze Lane. This written decision was promised to be provided early the following week. As of this email I have not seen the decision. Your attention to this matter would be appreciated. Clint Litle OWL MKM 406-586-8834 920 Technology Blvd Suite A 1 Bozeman, MT 59718 Fax 406-586-1730 www.dowlhkm.com IMPORTANT INFORMATION ABOUT THIS COMMUNICATION: This electronic communication(including any appended material)is intended solely for the use of the person or entity to which it is addressed.Because the communication may contain information that is confidential,privileged,or legally exempt from disclosure,you are prohibited from reading,disclosing,reproducing,distributing,disseminating,or otherwise using the communication if you are not its intended recipient.Accordingly,if you have received this communication because of an error or inadvertence on our part or on the part of one of the recipients,we ask that you please,for your own protection,immediately notify the sender by electronic communication and immediately delete this message from your system.DO NOT RELY on professional recommendations,professional opinions,plans,specifications,or other instruments of professional service that are delivered electronically. Any such material may have been corrupted by electronic delivery.RELY ONLY on the hard copy that we will issue to you by mail or delivery service. i I 2 BOWL HKM 1 April 21, 2009 I 04S067.138 I1 H:\04\SO67138\090421la5_ae breeze lane.doc D IC IE u W IE r APR 2 1 2009 Mr. Andy Epple '___ _j Planning Director DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT City of Bozeman ---- —-----------— P.O. Box 1230 Bozeman, MT 59771-1230 RE: The Villas at West Winds Breeze Lane I Dear Mr. Epple: I As you are aware we are moving ahead with Villas at West Winds Site Plan Application. Brian Krueger has given us some pre-submittal comments, which we appreciate and will apply to the final application; however it is apparent that we are still on different pages in regard to Breeze Lane. As I am sure you recall, a lot of time and effort was spent by all parties through the Phase 4 Final Plat and Administrative Appeal processes to clarify the geometry, ownership and use of Breeze Lane. It is our position and understanding that through the aforementioned processes it was confirmed that Breeze Lane was to be a private street owned and maintained by the Owner(HOA). The street would be built to a minimum City Street Standard (31' back of curb width), and be curvilinear according to AASHTO Standards. Within the Phase 4 & 5 Final Plats, an easement was used for Breeze Lane verses a right-of-way. This was as agreed during our 8/27/08 meeting at City Hall attended by you, Tim Cooper, Art Wittich and myself. It was also agreed during the meeting that the easement alignment as well as the width would be amended to match the final configuration of the street width (back of curb to back of curb) as determined through the Site Plan approval process. The existing easement shown on the Phase 4 & 5 final plats will be removed by release and re-conveyance and the new alignment will be established by an easement document filed with the Clerk & Recorders Office. Furthermore, during the Administrative Appeal the Commission (specifically commissioner Krauss) was very deliberate in providing direction to staff that this area was always known to be a senior area to be developed as a site plan. 406-586-8834 ■ 406-586-1730(fax) ■ 920 Technology Boulevard,Suite A ■ Bozeman,Montana 59718 ■ www.dowlhkm.com Alaska-Anchorage,Juneau,Palmer ■ Arizona-Tucson,Tempe ■ Montana-Billings,Bozeman,Butte,Great Falls,Helena,Miles City Washington-Redmond ■ Wyoming-Lander,Laramie,Sheridan In Mr. Krueger's pre-submittal comments for the Villa's (email 4/1/09) he references a 60' street easement for Breeze Lane. This was not as agreed to during the above discussed processes. The Breeze Lane easement is to be handled like any other private street within a condominium project. We have no problem in meeting AASHTO standards, providing a 31' wide road section. The Breeze Lane easement will follow the centerline alignment and extend 1' foot beyond the back of curb. This is typical to condominium projects and j complies directly with what has been approved; it will also provide the desired connectivity and public access as originally contemplated. I i In closing, we request by 4/24/09 either a letter of concurrence from your office or a meeting with you and Mr. Cooper to resolve this item so that it can be included in the Site Plan Application. If you have any questions please feel free to contact our office. Sincerely, DOWL Z2�e Clint Litle, P.E. Senior Project Manager I I 406-586.8834 ■ 406-586-1730(fax) ■ 920 Technology Boulevard,Suite A ■ Bozeman,Montana 59718 ■ www.dowlhkm.com I Alaska-Anchorage,Juneau,Palmer ■ Arizona-Tucson,Tempe ■ Montana-Billings,Bozeman,Butte,Great Falls,Helena,Miles Washington-Redmond ■ Wyoming-Lander,Laramie,Sheri. R W 1`�'1 [ W C7 30' 30. ?, 1, D AL W l VARIES VARIES BVARL\RtID L l' 2, O 2% --► 3� _ 9. r 2% —3% ---► (nP) 4.1 Mqk 4;1 INTEGRAL CURB . & GUTTER O PLANT MIX ASPHALT SURFACING, N 3" MIN. DEPTH m CRUSHED GRAVEL BASE COURSE, �_ COMPACTED SUB-GRADE 6" MIN. DEPTH zc') LOCAL STREET STANDARD SUB-BASE COURSE AS REQUIRED C 0 ;;o R W Cf R mm 9 ' c/) 45' 45' $�D , t t �I W WRIES VARIESVARIES1 414, &LBLVD. BLVD. DE c 2% 2% ' 4 .1P INTEG&4 MX , �►Py GUTTER -OA PLANT MIX ASPHALT SURFACING, D 3" MIN. DEPTH D COMPACTED SUB-GRADE CRUSHED GRAVEL BASE COURSE, (� r 6" MIN. DEPTH c/) COLLECTOR STREET STANDARD SUB-BASE COURSE AS REQUIRED O R R U) D 00'-120 50'-60' 50'-60' m D 1' JIDE B� VARIES VARIES BL D.�EINAL I n ?�glgl, 2% —� 3% — --3% --► ( ) I �-- 2% 2� !!P w q1 M 4: I M INTEGRAL CURB O C7 & GUTTER PLANT MIX ASPHALT SURFACING, z 3" MIN. DEPTH C/) Q COMPACTED SUB-GRADE CRUSHED GRAVEL BASE COURSE, z 6" MIN. DEPTH C (n ARTERIAL STREET STANDARD SUB-BASE COURSE AS REQUIRED Q NOTE: PAVEMENT AND BASE COURSE THICKNESS SHALL BE DETERMINED BY THE DESIGN ENGINEER BASED ON SITE SOIL CONDITIONS AND AT LEAST THE 20 YEAR m PERFORMANCE PERIOD TRAFFIC VOLUME. NOTE: THE SPECIFIC RIGHT-OF-WAY AND BACK OF CURB STREET WIDTH WILL BE DETERMINED ON A CASE BY CASE BASIS THROUGH THE SUBDIVISION REVIEW PROCESS. TABLE IV-2 MINIMUM STREET DESIGN STANDARDS FOR CITY STREETS STREET TYPE PRINCIPAL MINOR COLLECTOR LOCAL RURAL ARTERIAL ARTERIAL Right-of-way width ]to' - 120i3 too, 90, 60' 90'—I lo" Centerline radius on curves 1 ' 300' 150' 300' Tangent length between i I100' S0' 100' reverse curves Stopping sight distance ' 1 300' 200' 300' Angle at intersection I I >750 >75° >75° centerline Curb radius at intersections 2 2 2 2 N/A Length of tangent at t 1 150' 100, 150, intersection Back of curb to back of curb 82' 50',63',71'' 45',48',52',62" 31',33',35" 3620.4', Length of cul-de-sacs N/A N/A N/A 500' N/A Outside radius on cul-de-sac 5 5 N/A 50, N/A right-of-way Grade—maximum ' 1 7% 10% 10% Grade—minimum 1 1 0.5% 0.5% 0.5% Grade within 150 feet of 1 1 3% 3% 3% intersecting centerlines Design Speed(MPH) 50 45 45 30 45 K Factor(minimum) Crest 1 1 105 50 105 Sag ' 1 65 35 65 Minimum VCL Crest 1 1 90 50 90 Sag I 1 70 50 70 'All design criteria shall meet AASHTO standards. 2See Table IV-1 'The specific right-of-way and back of curb to back of curb street width will be determined on a case by case basis through the subdivision review process, and will be based on the specific needs, impacts and context of the development proposal. 4The rural street standard does not include curb and gutter. The street width is measured from the edge ofpavement to the edge ofpavemeni. sCul-de-sacs are generally not allowed. The City Engineer may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. I 36 07/15/2008 13:00 4065822302 PAGE 01/02 "l .c • • City of Bozeman City Attorney's Office A � C r: Paull Luwe, City Attorney Tim Cooper. Staff Attorney e♦r��CO. Patricia Day-Moore, Staf'Attorney Susan.G Worda.l,Staff Attorney July 10, 2008 Andrew J. Willett DRYSDALE,MCLCAN&WILLETT, PLLP 2066 Stadium Drive, STE 101 Bozeman,MT 59715 RE: West Winds Dear Andrew: This letter is in response to your July 7, 2008 correspondence concerning the above-referenced subject. Below is my understanding of your submittals: 1. An informal site plan application has been submitted on April 22, 2008, .for, Ole villas at West Winds, consisting of approximately 17 acres to be developed as a 96-unit residential condominium development. 2. The second phase of the Bozeman Village was submitted on June 11, 2008, as an preliminary site plan. This is now proceeding with preliminary site plan review. The first phase was before the Workforce Housing Ordinance. The second phase is approximately 3.5 acres,and located on a lot created prior to August 15, 2007, and not subject to the Workforce Housing Ordinance. If you are proposing to finish the originally submitted preliminary plat that contains Breeze Lane for the West Winds residential condominium project by overlaying the condominium site plan into the five lots and Breeze Lane,then you would not be subject to the Workforce Housing Ordinance as it was filed before the August 15, 2007 date. However, if you want to re-plat or modify this phase,then it would be subject to the Workforce Housing Ordinance, as this would require filing of a new preliminary plat. The informal site plan application requires changes to the already created lots and thus falls within the application of the workforce housing ordinance. Street Address:411 East Main Street Phone- (406)582-2309 Mailing;Address: P0. Box 1230 Fax:(406)582-2302 Bozeman,Montana 59771-1230 1 DD:(406)582-2307 07/15/2008 13:00 4065822302 PAGE 02/02 Andrew J,Willett RE: West Winds 7/10/2008 Page 2 If you would Like to set up a meeting,I would suggest that you set up the meeting with Assistant City Attorney Tim.Cooper(582-2309), as I will be retiring from.the City at the end of the month. Very truly yours, BOZEMAN CITY ATTORNEY D ePtAUL CITY ATTORNEY PJL/bja cc: Chris Kukulski, City Manager Chris Saunders, Assistant Planning Director Lanette Windemaker, Planner. Tim Cooper, Assistant City Attorney DRYSDALE, McLEAN &WILLETT, PLLP Attorneys at Law James A.McLean Established in 1969 Douglas R. Drysdale Andrew J.Willett' Retired Ryan K.Mattick 2066 Stadium Drive, suite 101 BOZEMAN,MONTANA 59715 FAX(406)582-0028 •at..admitted in Colorado Telephone(406)582-0027 o{lice@Q dmwlawmt.com I July 7, 2008 Mr. Paul J. Luwe Bozeman City Attorney P.O. Box 1230 Bozeman,MT 59771 RE: West Winds Community P.U.D. and Major Subdivision("Project") Workforce Housing Ordinance for Phase 4 and 5 Dear Paul: Our firm represents Cascade Development,Inc.,Mr. John Dunlap as principal,in connection with the matter as set forth above. He has made us aware and we have reviewed various correspondence from your office regarding the Workforce Housing Ordinance, Chapter 17.02 of Title 17 of the Bozeman Municipal Code("Ordinance")and its applicability to the Project. It is our understanding that your interpretation of the Ordinance requires Phase 4 and 5 of our client's Project to be subject to the Ordinance. If this is not the case please confirm so in a written response. If it is correct,our firm does not agree with such interpretation. As you are aware, subsection 17.02.030 (Applicability)A.1. and 2. of the Ordinance,states that: 1 A developer of a subdivision that includes residential lots,for which preliminary plat is submitted on or after August 15,2007 and which will result in development of ten or more residential lots shall provide a lot or lots for the construction of 0.4 dwelling units per net acre of development for the workforce housing programs. Multiple developments or projects by the same applicant or responsible party within any consecutive 12-month period on parcels held in contiguous ownership at the time of the initial development that in the aggregate equal or exceed ten residential lots shall be subject to this section. (emphasis added) 2. Any site plan including residential condominiums on lots created or annexed on or after August 15,2007,with a gross project area of more than 5 acres shall provide, or shall cause to be provided 0.4 dwelling units per net acre of development for the workforce housing program. Multiple site plans by the same applicant or responsible party within any consecutive 12-month period that in the aggregate exceed a gross project area of 5 acres shall be subjected to this section. (emphasis added) Our client submitted the preliminary plat for said phases in May of 2007, prior to the August 15t' deadline,thus the phases are not subject to the subparagraph 1 compliance but rather the regulations at the time of said submittal. Under subparagraph 2,"created"is not a defined term under 17.02.020 of the Ordinance which leaves ambiguity of whether a lot is created at the time of preliminary submittal or at final approval. It is our presumption since you are subjecting the phases to the Ordinance, that it is your opinion that"created" is sometime between preliminary submittal or at final approval. Presuming your interpretation of"created"was accurate,the Ordinance(as drafted) effectively results in a retroactive promulgation of an ordinance which is also not legally allowed. Lastly,these phases are precisely that,Phases-and thus not a separate development or project that would subject the submittal to compliance with the Ordinance. We are hopeful to come to an understanding and resolution to the applicability and compliance of the Ordinance and would be willing to discuss this matter further to avoid different legal avenues available to our client. Time is certainly of the essence, and a face-to-face meeting within the next five(5)days may be the most efficient way to work towards such objective. I look forward to your response/comments and please do not hesitate to schedule a meeting at your earliest meeting. Sincerely, DRYSDALE, E L TT,PLLP By: Andrew J. Wil1e AJW/csc cc: John Dunlap, Cascade Development,Inc. Chis Kulkulski, Bozeman City Manager 7 A � • _ CITY OFr 'BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street P.O. Box 1230 fax 406 582 2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozeman.net November 9, 2007 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Modification Preliminary Plan (Z-07141) West Winds PUD Phase 4-8 Subdivision Preliminary Plat (P-07028) Dear John: At its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan. 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.. Regarding the West Winds PUD Modification Preliminary Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions. Please be aware that all previous PUD conditions of approval and code provisions (as approved and/or amended from May 24, 2004, and July 5, 2005) are still applicable to the West Winds PUD and will be included in the Conditional Use Permit. West Winds PUD Modification Preliminary Plan 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 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 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. 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 planning • zoning • subdivision review . annexation . historic preservation • housing • grant administration • neighborhood coordination a � i shall be modified as fol ws: 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. 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. Page 2 i 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. 1I 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 18.34.130.13. 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.I 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 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. West Winds PUD Modification Preliminary Plan Code Provisions: In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. Page 3 r 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. Also at its October 1, 2007, public hearing, the Bozeman City Commission voted to conditionally approve West Winds PUD Phase 4-8 Subdivision Preliminary Plat. Regarding the West Winds PUD Phase 4-8 Subdivision Preliminary Plat, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions. West Winds PUD Phase 4-8 Subdivision Preliminary Plat 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. 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. 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. Page 4 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-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 Page 5 r will not be deemed complete until the resolution to create the SI•as been approved b the City p pp Y Y 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 271" 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. 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 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. Page 6 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 finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. j 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 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. Page 7 i 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. 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 j 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. Page 8 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. 38. 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 271h 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 infrastructure plan and specification Page 9 f - 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. West Winds PUD Phase 4-8 Subdivision Preliminary Plat Code Provisions: In addition to the specific conditions listed above, the final plat shall comply with the standards identified below and referenced in the Bozeman Municipal Code. 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- 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 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. Page 10 e. Per Section 18.50.090, executOwaivers of right to protest creation of s cial 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 Iots 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 Secti.on. 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 major subdivisions and three years for multi-phased major 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 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. Page 11 i 1. The applicant shall sub*t 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. Once the Findings of Fact and Order have been approved and signed, the original and a copy will be forwarded to you for your files. 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. 5Sin rely, V anette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718 I Page 12 CITY OZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building hone 406 582 2260 20 East Olive Street ph one P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.net www.bozemon.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 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) 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 was 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 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; ie, 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 to 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. If you have any questions, please feel free to contact me at the Planning Office, 582-2260. planning • zoning • subdivision review • annexation . historic preservation • housing . grant administration • neighborhood coordination CITY OF BIRMAN • 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 5977 1-1 230 planning@bozemon.net www.bo'zeman.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 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) 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 was 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 to 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 administration . neighborhood coordination r 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. Sindc?rely Andrew C. Epp le, AICP Director i Cc: John Dunlap, Cascade Development Inc., 1627 West Main Street, #223, Bozeman, MT 59715 i I Page 2 E N G I N E E R I N V., 920 Technology Boulevard October 19, 2007 Suite A 04S067.125 Bozeman, MT 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 :w I1=-, vIE EO7 RE: West Winds PUD DEPARTMENT OF PLANNING Amended Affordable Housing Condition AND Irfl-IM LAITY DEVELOPMENT Dear Andy: On October 1, 2007, during the public hearing(s) for the West Winds PUD amendment and West Winds Subdivision Phases 4 through 8, the City Commission passed a motion amending condition#37 of the"REVISED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNT DEVELOPMENT". The original intent of the condition#37 was to fulfill Section 18.36.090(E.)(7.) "Performance",of the BMC; specifically,to meet the twenty(20)performance points for a PUD. Said BMC section specifically identifies that the PUD performance points can be earned in any combination of the following: ■ Provision of affordable housing; and ■ Additional open space. In addition, during the public hearing it was stated for the record by the project planner (Lanette Windemaker) and acting Planning Direct(Chris Saunders), that the applicant has the right to use cash-in-lieu of open space to meet the PUD performance point requirement. It is our position, based on said section of the BMC and the 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 the intent of the 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. Your written response to our position by October 24, 2007 would be greatly appreciated. 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 If you have any questions please feel free to contact our office. Sincerely HKM Engineering, Inc. f — Clint Litle, P.E. Senior Project Manager West Winds PUD ®® ®® Modification to CUP#Z-07141 ® d Vicinity Map • Eliminate townhouse -------- -------------- lots. • Add church lot R e� — F-J- Relaxation of height to allow maximum R-4 building height of 42' for a roof pitch equal to of greater than 6:12. -- • Two PUD Plan options: s�v — Multi-household—Senior assisted living. —Single-household 8 yid RR A L= Townhouses. Approved PUD Options 1313 Option 2.1 Option 2AA ®� Proposed PUD Options o — -- P Ii l y EOD �o ► o0s0 S 1%'34 r i 1 i i i Roof Pitch/Height Example Public Comment _ T ��•-- _ - - - - - No letters of public comment received. -Hf-i -_- GVLT letter. f Staff Recommendation o ©® ® e « e Conditional Approval -- - With Relaxation f- - A - _ -_- - See Conditions of Approval beginning on Page 19. - - - See Code Provisions beginning on Page 12. -#7 Mok, PAk' it a Proposed PUD Options ®® u Option 1 Option 2 r 0 I 2 t Box • • p Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Lanette Windemaker, AICP, Contract Planner SUBJECT: CUP to Modify West Winds PUD with Relaxation, #Z-07141 MEETING DATE: Monday, October 1, 2007 RECOMMENDATION: The City Commission approves application#P-07141 with relaxation#1 subject to the conditions of approval and code provisions outlined in the Staff Report. BACKGROUND: This is a CUP for a modification to the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. About half of the original development has received final approval and is under construction. The modifications are requested on the remaining portion of the PUD generally located northeast of the intersection of Oak Street and Davis Lane. The remainder undeveloped portion of the PUD is — 85 acres to be developed as single-, multi-household uses with a church lot. The project will have access from Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27th Avenue, and internal streets. The property is legally described as a portion of the NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, and is zoned R-3 (Residential Medium Density District). In addition, the applicant has requested the following PUD relaxation which would apply to the entire PUD: 1. 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. UNRESOLVED ISSUES: Elimination of Townhouse Lots. Both DRB and CAHAB expressed concerns about the elimination of townhouse lots in the western portion of the PUD. The elimination of townhouse lots does not reduce the density of the project below the minimum density, nor does it eliminate all of the townhouse lots in the project — there have been 155 townhouse lots subdivided in Phases 1 and 2, about 20%of the maximum number of dwelling units. Plan Condition #7 states "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." Fire Station Site. The Fire Station Site is addressed in Plat Condition#14 as amended. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple,Planning Director Chris Kukulski, City Manager PLANNING DEPARTMENT STAFF REPORT #Z-07141 WEST WINDS PUD MODIFICATIONS TO CONDITIONAL USE PERMIT Item: Zoning Application#Z-07141—An application for Modification to the Conditional Use Permit for the West Winds Planned Unit Development to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Owner/Applicant: Cascade Development,Inc.,1627 West Main St.,Ste 223,Bozeman,MT 58715. Representative: HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday,August 22,2007,at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street,Bozeman, Montana, and Before the Bozeman City Commission on Monday, October 1, 2007 at 6:00 p.m., in the 3rd Floor Community Room, Gallatin County Courthouse, 311 West Main Street,Bozeman,Montana. Report By: Lanette Windemaker,AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located northeast of the intersection of Oak Street and Davis Lane. The property is legally described as a portion of the NW 1/4, Section 2,T2S,R5E,PMM, City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. 0 • County Land �l _ R-1 B'P ' BaxterL-n`- R-4 wl MCI ° B a �. Oak�St ounty —N- Lari, �;; R=1j PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD) Final Plan. About half of the original development has received final approval and is under construction.The modifications are requested on the remaining portion of the PUD, —85 acres to be developed as single-,multi-household uses with a church lot:: The project will have access from Oak Street, Davis Lane, Baxter Lane, Hunters Lane,North 27`h Avenue, and internal streets. The modification requested would eliminate townhouse lots, allow a church lot,and change the allowable height.In addition,the applicant is asking for the opportunity to provide cash-in-lieu of park land if the dedicated park land is found to be inadequate. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for 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 intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. BACKGROUND 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 requested 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 #Z-07141 West Winds PUD Modifications to CUP: Staff Report 2 • 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. 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 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 subj ect 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 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 3 I 0 • 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 accessibilityto 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 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 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 27`h Avenue, Baxter Lane, and Fowler Avenue. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 4 0 • 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. 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. 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 5 0 0 • 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 271h 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 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 6 • 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 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 #Z-07141 West Winds PUD Modifications to CUP: Staff Report 7 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. • 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 8 • • • 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. The Final Park Plan was approved by the City Commission on May 16, 2005. 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: 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 #31 to read: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seon42 housing lots so long as it includes some very low income housing; 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 additional 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 9 • • 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". On September 6,2005,per 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). ZONING DESIGNATION & LAND USES The subject property is zoned"R-3"(Residential Medium Density District). The intent of the"R-3", Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City.It should provide for a variety of housing types to serve the varied needs of households of different size,age and character,while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—Baxter Square Subdivision. "R-l" (Residential Single-Household, Low Density District)—Baxter Lane Subdivision. "RS" (Residential Suburban)—Dwelling. "AS"(County Zoning Agricultural Suburban)—Unincorporated,agricultural,and dwellings. East: "R-3" (Residential Medium Density)—West Winds PUD Phases 1-3. South: "R-1" (Residential Single-Household, Low Density)—Harvest Creek Subdivision. "SRR" (County ZD#l, Semi Rural Residential)—Unincorporated. West: "R-3" (Residential Medium Density)—Baxter Meadows PUD Phase 4. "PLI" (Public Lands and Institutions)—Regional Park. ADOPTED GROWTH POLICY DESIGNATION The property is designated as "Residential" in the Bozeman 2020 Community Plan. The R-3 (Residential Medium Density District)zoning designation is consistent with this land use designation of the property. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 10 • 0 Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxation for the West Winds Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code.The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board(DRB). Section 18.34.090 "Site Plan and Master Site Plan Review Criteria" In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB 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 designation 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. • 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 11 This project has an approved net density of—8.5 to—9.8 dwelling units per acre with a maximum of 687 dwelling units not including congregate care. The modifications requested would put the net density of the project in a range of— 9.15 to — 10.08 dwelling units per acre. Based on the PUD performance points, for the provision of 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). In addition, there was a density cap of 687 dwelling units in the subdivision based on the park land dedication which would also exclude the congregate care units.The applicant has asked that the Commission accept cash-in- lieu of park land dedication for any density in excess of the park land dedication. 2. Conformance to this title, including the cessation of any current violations. The final 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. 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. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law,ordinances,and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB,the elements of the West Winds PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. This modification does not change the requirements of the approved final PUD Plan. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 12 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout West Winds with sidewalks along streets or within open space areas, and a circular trail system through the project. The PUD plan includes interior streets with access off of Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27`h Avenue, and internal streets. All lots are provided with vehicular access from local streets.This modification does not change the requirements of the approved final PUD Plan. 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. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. 8. Open space. This modification does not change the amount of open space in the approved final PUD Plan. The performance points required in the West Winds PUD are to be provided by constructed affordable housing pursuant to Section 18.36.090.E.2.a(7), BMC. 9. Building location and height. Maximum building height is as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 The applicant is requesting relaxation of standards in the Bozeman Municipal Code for 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. DRB found this relaxation to be acceptable and Condition #1 states: The relaxation of Section 18.16.060,Building Height;to allow a maximum building height of42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to multi-household apartment type dwellings. 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the Bozeman growth policy- 25 feet. b. Adjacent to collector streets as designated in the Bozeman growth policy-20 feet. C. Adjacent to local streets - 15 feet. 2. Rear yard - 20 feet. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 13 • • a. Adjacent to arterial streets as designated in the Bozeman growth policy- 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will provide subdivision lighting in accordance with Section 18.42.150.C. 12. Provisions for utilities, including efficient public services and facilities. The project will provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown on the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements 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; or 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 14 0 9 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. Other than the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. West Winds PUD is bordered Baxter Meadows and the regional park to the west, multi family development and vacant land in Annie Subdivision to the east, county development, and Baxter Square and Baxter Lane subdivisions on the north side and on the south side is the Harvest Creek Subdivision. It is designed with open space buffers adjacent to single household lots,and the multi- household and church lots are subject to site plan review and landscaping requirements. This modification will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the. public health,safety and general welfare.Such conditions may include,but are not limited to: a. Regulation of use. This project has an approved net density of—9.8 dwelling units per acre.The modifications requested would put the net density of the project in a range of—9.15 to— 10.08 dwelling units per acre. b. Special yards, spaces and buffers. This modification does not change the requirements of the approved final PUD Plan. c. Special fences, solid fences and walls. This modification does not change the requirements of the approved final PUD Plan. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets, lanes and alleys will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 15 i. Regulation of noise,vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. 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 must undertake development of the project within 2 years of final site plan approval. 1. Duration of use. Conditional use permits run with the land,subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. in. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 "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 unit development, find favorably as follows: 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? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? In the area along Harmon Ditch,aka Cattail Creek,is located within the linear park,and any existing vegetation will be preserved by the watercourse setback. In the area that has historically been in agricultural use there are no significant levels of mature vegetation (trees or large bushes). (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? With both vehicular and pedestrian connectivity, the elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 16 0 • On July 11, 2007, the Design Review Board considered this application for Modification of the PUD. At that time,DRB found that the lack of connectivity in the street layout,and the elimination of the mix of housing types creating a monoculture of uses were unacceptable. The DRB consequently recommended denial of the application.The developer revised the application,and the DRB reconsidered the application on August 22,2007.In reconsideration of the revised application, DRB indicated that they still preferred the connectivity and mix of uses in the previously approved final PUD plan. (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 availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system contribute to the overall reduction of energy use by the project. (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? Within the PUD,the residential areas are generally designed for some level of privacy,with streets and open space corridors providing separation. (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? This modification does not change the requirements of the approved final PUD Plan. There is a density cap of 687 dwelling units in the subdivision based on the park land dedication which would exclude the congregate care units. These 687 dwelling units (including the 69 affordable units) would require a minimum park land dedication of 19.07 acres. Based on the PUD performance points, there is a maximum of 690 dwelling units excluding the congregate care units (assisted living). The applicant has asked that the Commission accept cash-in-lieu if the amount of park land dedication should be found to be inadequate. (7) Performance. All PUDs shall earn at least twenty performance points. The approved final PUD Plan achieves this requirement. The performance points required in the West Winds PUD are to be provided by affordable housing pursuant to Section 18.36.090.E.2.a(7), BMC. This modification does not change the requirement to construct 69 affordable dwelling units before approval of the final subdivision phase. (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 design of the PUD provides integrated circulation patterns with connections to all adjacent streets.The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 17 Residential 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? This project has an approved net density of— 9.79 dwelling units per acre. The modifications requested would put the net density of the project in a range of—9.15 to— 10.08 dwelling units per acre. (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 project provides for a variety of outdoor areas, with both private yards and public spaces. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a linear park, with areas for passive recreation, as well as pedestrian trail(s). (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? A residential density bonus is not proposed. This project has provide a variety of housing types to date, including 73 single household, 155 townhouse, one affordable housing lot, and several multi household lots. The remaining phases will include single household or multi household types. (5)Is the overall project designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities? The overall project is designed to enhance the natural environment,conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (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 overall project is a residential development in a largely rural but developing area.However,the Bozeman 2020 plan has designated this area for "Residential" land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 18 PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The West Winds PUD Preliminary Plan proposal must comply with the intent of planned unit development as stated in Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: 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 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. 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 19 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 nly 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. 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 20 • • 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. CONCLUSION/RECOMMENDATION The Planning Staff,the Bozeman Development Review Committee(DRC),Design Review Board (DRB), and other boards, when appropriate,have reviewed application#Z-07141,Modification of the approved Conditional Use Permit(CUP)for the West Winds Planned Unit Development(PUD) against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff,the application,with conditions,is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 21 The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan,Final Plat or Building Permit 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE WEST WINDS PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. cc: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715. HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 22 DESIGN REVIEW BOARD � WEDNESDAY,AUGUST 22, 2007 '�'� �° °�� MINUTES P LI ���Y ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Livingston called the meeting to order at 5:30 p.m. and directed the secretary to record the attendance. Members Present Staff Present Christopher Livingston Martin Knight,Planner I Michael Pentecost Lanette Windemaker, Contract Planner Bill Rea Tara Hastie, Recording Secretary Visitors Present Kasey Arrington Bob Tubbs Crystal Kirchhoff Keith Radford Paul Yakawich ITEM 2. MINUTES OF AUGUST 8, 2007. MOTION:. Vice Chairperson Pentecost informally moved, Mr. Rea informally seconded, to ; approve the minutes of August 8, 2007 as presented. The informal recommendation carried'3-0.; ITEM 3. CONSENT ITEM 1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker) Northeast of the intersection of Oak Street and Davis Lane * A request for modifications to an approved Planned Unit Development to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Mr. Rea informally moved, Chairperson Livingston informally seconded, to remove Item 3 from the Consent agenda for discussion. The informal motion carried 3-0. Paul Yakawich joined the DRB. Contract Planner Lanette Windemaker presented the Staff memo noting the DRB had reviewed the proposal previously and the number of proposed design options had been decreased to two. Mr. Rea asked for clarification on which design options had been deleted from the proposal and which the DRB were reviewing. Planner Windemaker explained. Mr. Rea asked if the DRB would be setting a precedent if they approved a handful of proposed options. Planner Windemaker responded that the original Final PUD Plan had included two options. Mr. Rea asked if the proposal would loose RSL lots due to the church parcel being added to the proposal. Planner Windemaker responded there would be mostly single-family and townhouse lots removed. Mr. Rea asked if there would be workforce housing requirements. Planner Windemaker responded there would not be workforce housing requirements due to the proposal Design Review Board Minutes—August 22,2007 l being submitted before the i0nance took affect, and that each phasould have to meet the RSL requirements. Chairperson Livingston asked if the park complied with the frontage requirement. Planner Windemaker responded that the applicant had to be close as they had 50% of their requirement in one location. Chairperson Livingston asked what a"combination there-of' from the proposal actually meant. Planner Windemaker responded the applicant could do any combination of the options they were proposing and explained what might be changed. Mr. Rea stated he had watched the growth policy discussion at the City Commission and design of the streets, not just facades, had been included in their discussion. He stated that he thought streets should follow a grid if there were no geographic obstacles. He stated he was less excited about the new proposal then he was about the previous one. He added that options 1 & 2 street layouts lacked clarity; adding that he did not consider a church a geographic impediment. Chairperson Livingston stated he appreciated the alignment of Vaquero Avenue and Winter Park Street and the connectivity of the proposed trail. He stated original condition#29 (diversity in housing) and new condition#7 (mixed housing types) of the original 39 Staff recommendations were specific and proposed options 1 & 2 did not address those recommendations sufficiently. He stated he found the proposal minimally covering what the recommendations had intended. He added that if there is no proposed diversity and the project is built out, there will never be diversity. He stated he did not support any of the proposed options. Mr. Rea suggested that the DRB forward an informal recommendation for the City Commission to consider the.minutes of the DRB in their non-quorum state. The informal recommendation carried 3-0. ITEM 4. PROJECT REVIEW P RI E L I M I NCRY1. Boshaw Condos SP/COA #Z-07131_(Knight) 907 & 915 North 17ffi Avenue * A Site Plan Application with a Certificate of Appropriateness to permit substantial modifications to the previously approved eight four-plexes (aka Lerner SP/COA#Z-05299). Kasey Arrington, Bob Tubbs, Crystal Kirchhoff, and Keith Radford joined the DRB. Assistant Planner Martin Knight presented the Staff Report noting that Staff s initial concerns were the setback and the proposed height; adding that Staff was supportive of the proposal with the recent revisions. Mr. Radford noted the location of the four units the DRB would be addressing. He stated the applicant had tried to make the site compatible by using the same shapes, footprints, and materials as the existing buildings. Mr. Rea stated there was still a hole proposed in the first floor. Mr. Tubbs stated that the feature would be removed; they had just not done so yet. Mr. Rea stated that the four units would be in that location and could be there for decades, and asked would there be any guarantee that the site would be finished instead of left as a line of construction debris. Planner Knight responded there would be another phase of development in the future. Mr. Rea stated the applicant may have Design Review Board Minutes-August 22,2007 2 would not be comfortable s*rting the proposal if it had been a neSvelopment. Ms. Zavora asked what would happen to the mature Spruce trees. Planner Knight responded they would have to be removed,but landscaping requirements had been addressed with the PUD. MOTION: Mr. Rea moved, Mr. Howe seconded to forward a recommendation of approval to the Planning Director for The Ridge Addition SP/COA #Z-07143 as presented with the addition of a strong recommendation to relocate the existing trees within the PUD. The motion carried 6- 0. ITEM 4. PROJECT REVIEW 1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker) Northeast of the intersection of Oak Street and Davis Lane * A request for modifications to an approved Planned Unit Development to eliminate the Winter Park Street intersection with Davis Lane, to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Contract Planner Lanette Windemaker presented the Staff Report noting what the applicant was requesting. She stated that the lack of connectivity by eliminating the intersection was unacceptable, and that they will have to connect to a full access,intersection at Vaquero Street and Davis Lane. She stated that staff has recommended that the options with the church lot be denied due to the layout changes being so significant. She stated the request for a relaxation to the height (42 feet) would not exceed the maximum height in the zoning designation, but was a request for a flatter pitched roof. She stated'Staff condition #3 addressed the height and would need to be removed if the DRB was not in support. Vice Chairperson Pentecost asked Planner Windemaker to look at figure 2.1 and the townhouse lots on Buckrake Avenue, asking if those townhouse lots would be removed. Planner Windemaker directed the DRB to the locations of the townhouse lots the applicant had requested for removal. Vice Chairperson Pentecost responded he had been told those lots had been sold. Planner Windemaker responded that the lots in Phases 4-8 had not been created and had not, therefore, been sold. Mr. Rea asked if any of the lots across from the church parcel had been sold. Planner Windemaker responded they had not, as the ones depicted on Phases 4-8 of the plan did not yet exist. Mr. Rea asked if, with the decreased density, the applicant had asked for relief from the density bonus approval for the project. Planner Windemaker responded they had not applied for relief, and that CAHAB was not happy about the decreased density of the proposal and the loss of the mix of housing types. Ms. Zavora asked if the proposal could just be conditioned to fix the connectivity, provide the intersection with Vaquero Street, and realign the roads without denying any of the proposed options. Planner Windemaker responded that it appeared to Staff that the road redesign starting with the church options would be too significant of a change. Chairperson Livingston asked if Winter Park Road entering onto Davis Lane was an important Design Review Board Minutes—July 11,2007 2 I aspect of the proposal. PlAr Windemaker responded that the in*ction at Vaquero Street and Davis Lane was a very important aspect. Chairperson Livingston stated that it would not have to be Winter Park Road. Planner Windemaker responded that Vaquero Street was an existing right of way and it is where the full access intersection must be; however it is not a given that the design must be an extension of Winter Park Road but might even be a T- connection to Spring View Court, and added that the proposed fire station would need that intersection. Chairperson Livingston stated the whole street layout was flawed and it was hard to imagine what would happen when Vaquero Street was extended into the subdivision due to the lots being stacked. Planner Windemaker stated that the intent of Staff condition#2 was to place the green space either north or south of the Vaquero Street intersection. Mr. Rea asked if it would be better to approve the proposal with Staff conditions or deny it as there were so many significant changes. He stated he preached for clean grids and good planning and did not see it in the current proposal. Mr. Banziger asked if the proposal could be continued to the next meeting. Chairperson Livingston responded the applicant would have had to be in attendance at the meeting. Mr. Howe suggested the proposal would seem to require a continuation or other such device before a recommendation of approval of the proposal. Chairperson Livingston stated that a recommendation of approval or denial were the DRB's only two choices due to the applicant not being in attendance. Vice Chairperson Pentecost stated that he felt only one issue fell into the jurisdiction of the DRB (the height) and the DRC would address the other Staff concerns; adding that he did not see the requested relaxation for the height as a problem. Mr. Rea stated that street layout was an aesthetic aspect and would then fall within the jurisdiction of the DRB review criteria. Mr. Banziger concurred as the DRB had considered street layout in other proposals. Ms. Zavora agreed. Chairperson Livingston stated that the original subdivision conditions called out specifically DRB and City Commission review of the mix of housing types within the proposal. He added that he had a problem with the removal of the townhouse lots as the mandate from the original conditions was to provide for a better mix of housing types; adding that it would be important to keep those townhouse lots as their loss would leave it a monoculture of structures out there and lend nothing to diversity. He stated he thought option 113 allowed for an increase in detached single family and would eliminate most of the senior assisted living portion of the proposal. He stated he found all the options of the proposal to be unacceptable. Ms. Zavora added that she disagreed that there would be no market for townhouse lots. MOTION: Mr. Banziger moved, Mr. Howe seconded, to forward a recommendation of denial to the City Commission for West Winds Phases 4-8 Mods to PUD #Z-07141. The motion carried 5-1 with Vice Chairperson Pentecost being in opposition. Design Review Board Minutes—July 11,2007 3 Amended language. 14. Final plat approval for West Winds Phases 4-8 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road and North 271h Avenue, and between Durston Road and Baxter Lane) has been secured. ''� �� Sd. Subdivider shall enter into an agreement with thd,IFire Department whereby the Subdivider shall plat and dedicate the park land with an easement ll for the fire station site; design, construct, and warranty, the full design section of Hunters Way and Baxter Lane including a temporary cul-de- sac if needed, and the sewer and water main extensions adjacent to and along the frontage of the i�\v proposed fire station site, located at the intersection of Hunters Way and Baxter Lane in the West Winds Park. The main extensions shall include service stubs to the site as directed by the City Engineering Department. Phase 1 infrastructure plans shall include these improvements. The subdivision dedication and extensions will be made upon receiving a written request from the City Fire Department. Subdivider shall be responsible for amendments to the approved PUD Final Plan and Park Master Plan to include the fire station site, and for an appraisal of the fair market value in accordance with Section 18.50.030, BMC. The City Fire Department shall be responsible for payment of up to 1.5 acres of cash - in - lieu of park land based on the density established at the time of initial subdivisiorCnot to exceed 8. dwelling units per acre. ll-�- Court ordered exemption or easement? Responsibilities? ����� 4- Modify PUD Plan Modify Park Plan _ Rezone to PLI ���� n Public Infrastructure; streets, sidewalks, water, sewer with service stubs Boulevard landscaping and street trees on Baxter Lane Boulevard landscaping and street trees on Hunters Way - FIRE Crash in lieu of park land - FIRE 1� C I �� Jay) 4 > i Amended language. 14. Final plat approval for West Winds Phases 4-8 Major Subdivision shall not be granted until an appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master Plan (i.e., between Flanders Mill Road .and North 271h Avenue, and between Durston Road and Baxter Lane)has been secured. Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall plat and dedicate the park land with an easement for the fire station site; design, construct, and warranty, the full design section of Hunters Way and Baxter Lane including a temporary cul-de- sac if needed, and the sewer and water main extensions adjacent to and along the frontage of the proposed fire station site, located at the intersection of Hunters Way and Baxter Lane in the West Winds Park. The main extensions shall include service stubs to the site as directed by the City Engineering Department. Phase 1 infrastructure plans shall include these improvements. The subdivision dedication and extensions will be made upon receiving a written request from the City Fire Department. Subdivider shall be responsible for amendments to the approved PUD Final Plan and Park Master Plan to include the fire station site, and for an appraisal of the fair market value in accordance with Section 18.50.030, BMC. The City Fire Department shall be responsible for payment of up to 1.5 acres of cash— in - lieu of park land based on the density established at the time of initial subdivision not to exceed 8 dwelling units per acre. Court ordered exemption or easement? Responsibilities? Modify PUD Plan Modify Park Plan Rezone to PLI CUP for Essential Services Type 2 Public Infrastructure; streets, sidewalks, water, sewer with service stubs Boulevard landscaping and street trees on Baxter Lane Boulevard landscaping and street trees on Hunters Way - FIRE Cash in lieu of park land -FIRE SEC J5 UNPLATTED I BAXTER LANE WINOR=ARTERIAL) ' I 25' SETBACK ------- _______ __ —.---------------- � a ----------------- ------------------------------------- ------------------ {STORMWATER REr POMD� / 1 I Q EMPLOYEE PAR NG ' 0 26 REGULAR SP CES `�`N cn cr Uj Zyd / F— PROPOSED Z FIRE STATION as �� / z 11,581 SF Emmoi-, -� 2 a TRADE WIND'LANE 1 C ' s 1 1 m JI �e�xletulerrnune0u iL WEST WINDS COMMUNI T Y 0 1 NW 1/4 SECT/ON 2, T.2.S., R.5.E., P.M.N. ewolMeeR otN r gill, gyp-- - GALLATIN COUNTY, NONTANA HKM Englneedng Inc. - +� -N- 920Tec1uiologyBNd wEsrwros.coy PROPOSED Suite A ! ��r' FIRE S TA T/ON ti Bo�eman,MT59718 � � ''� °•-� (406)58"IKU FAX(406)586-1730 �+ ����=,`- �o o 40 VICINITY MAP M t�t DAM SEPT.2007 c Upylyit 0 20M HM Efth "k.,NI Riot.R--.d. ' • DESIGN REVIEW BOARD ® WEDNESDAY, AUGUST 22, 2007 E LI I V 11 All I�/ MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Livingston called the meeting to order at 5:30 p.m. and directed the secretary to record the attendance. Members Present Staff Present Christopher Livingston Martin Knight, Planner I Michael Pentecost Lanette Windemaker, Contract Planner Bill Rea Tara Hastie, Recording Secretary Visitors Present Kasey Arrington Bob Tubbs Crystal Kirchhoff Keith Radford Paul Yakawich ITEM 2. MINUTES OF AUGUST 8, 2007. MOTION: Vice Chairperson Pentecost informally moved, Mr. Rea informally seconded, to approve the minutes of August 8, 2007 as presented. The informal recommendation carried 3-0. ITEM 3. CONSENT ITEM 1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker) Northeast of the intersection of Oak Street and Davis Lane * A request for modifications to an approved Planned Unit Development to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Mr. Rea informally moved, Chairperson Livingston informally seconded, to remove Item 3 from the Consent agenda for discussion. The informal motion carried 3-0. Paul Yakawich joined the DRB. Contract Planner Lanette Windemaker presented the Staff memo noting the DRB had reviewed the proposal previously and the number of proposed design options had been decreased to two. Mr. Rea asked for clarification on which design options had been deleted from the proposal and which the DRB were reviewing. Planner Windemaker explained. Mr. Rea asked if the DRB would be setting a precedent if they approved a handful of proposed options. Planner Windemaker responded that the original Final PUD Plan had included two options. Mr. Rea asked if the proposal would loose RSL lots due to the church parcel being added to the proposal. Planner Windemaker responded there would be mostly single-family and townhouse lots removed. Mr. Rea asked if there would be workforce housing requirements. Planner Windemaker responded there would not be workforce housing requirements due to the proposal Design Review Board Minutes-August 22,2007 1 rtitLIMINAR \� Y being submitted before th0linance took affect, and that each pha0ould have to meet the RSL requirements. Chairperson Livingston asked if the park complied with the frontage requirement. Planner Windemaker responded that the applicant had to be close as they had 50% of their requirement in one location. Chairperson Livingston asked what a"combination there-of' from the proposal actually meant. Planner Windemaker responded the applicant could do any combination of the options they were proposing and explained what might be changed. Mr. Rea stated he had watched the growth policy discussion at the City Commission and design of the streets, not just facades, had been included in their discussion. He stated that he thought streets should follow a grid if there were no geographic obstacles. He stated he was less excited about the new proposal then he was about the previous one. He added that options 1 & 2 street layouts lacked clarity; adding that he did not consider a church a geographic impediment. Chairperson Livingston stated he appreciated the alignment of Vaquero Avenue and Winter Park Street and the connectivity of the proposed trail. He stated original condition #29 (diversity in housing) and new condition#7 (mixed housing types) of the original 39 Staff recommendations were specific and proposed options 1 &2 did not address those recommendations sufficiently. He stated he found the proposal minimally covering what the recommendations had intended. He added that if there is no proposed diversity and the project is built out, there will never be diversity. He stated he did not support any of the proposed options. Mr. Rea suggested that the DRB forward an informal recommendation for the City Commission to consider the minutes of the DRB in their non-quorum state. The informal recommendation carried 3-0. ITEM 4. PROJECT REVIEW 1. Boshaw Condos SP/COA #Z-07131 (Knight) 907 & 915 North 17`h Avenue * A Site Plan Application with a Certificate of Appropriateness to permit substantial modifications to the previously approved eight four-plexes (aka Lerner SP/COA#Z-05299). Kasey Arrington, Bob Tubbs, Crystal Kirchhoff, and Keith Radford joined the DRB. Assistant Planner Martin Knight presented the Staff Report noting that Staff s initial concerns were the setback and the proposed height; adding that Staff was supportive of the proposal with the recent revisions. Mr. Radford noted the location of the four units the DRB would be addressing. He stated the applicant had tried to make the site compatible by using the same shapes, footprints, and materials as the existing buildings. Mr. Rea stated there was still a hole proposed in the first floor. Mr. Tubbs stated that the feature would be removed; they had just not done so yet. Mr. Rea stated that the four units would be in that location and could be there for decades, and asked would there be any guarantee that the site would be finished instead of left as a line of construction debris. Planner Knight responded there would be another phase of development in the future. Mr. Rea stated the applicant may have Design Review Board Minutes—August 22,2007 2 Y y . CITY OF WMAN 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 5977171230 planning@bozemon.net www.bozeman.net MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: August 22, 2007 Re: West Winds PUD Phases 4-8 Modifications to CUP (#Z-07141) On July 11, 2007, the Design Review Board considered this application for Modification of the PUD. At that time, DRB found that the lack of connectivity in the street layout and the elimination of the mix of housing types creating a monoculture of uses were unacceptable. The DRB consequently r--commended denial of the application. The developer has,revised the application to meet concerns raised by staff and City boar& There was adequate time in the review process to bring it back to DRB for reconsideration. Since the application appears to address the concerns raised by the DRB, and you have a significant item to review on you regular agenda, I have placed this on the Consent portion of your agenda. Please feel free to contact me at 586-5266 if you have any questions. Thank you. Lanette Windemaker, AICP Contract Planner planning zoning subdivision review • annexation historic preservation housing grant administration neighborhood coordination jp \\'JJ - ;UC) QvVX G4-0� P- kotz�6's- C*CkA as f 1 1�br�c `lr acts �' a o j :svubj . v �jj Le s5 1, , Ck CJIJ�t's — 4*7 - ��t vvv\j- (�-c —(6 V\SA K, u-vvv es kg--� � 0 l � • CITY OF BOZEMAN w 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.bozeman.net MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: August 22, 2007 Re: West Winds PUD Phases 4-8 Modifications to CUP (#Z-07141) On July 11, 2007, the Design Review Board considered this application for Modification of the PUD. At that time, DRB found that the lack of connectivity in the street layout and the elimination of the mix of housing types creating a monoculture of uses were unacceptable. The DRB consequently recommended denial of the application. The developer has revised the application to meet concerns raised by staff and City boards. There was adequate time in the review process to bring it back to DRB for reconsideration. Since the application appears to address the concerns raised by the DRB, and you have a significant item to review on you regular agenda, I have placed this on the Consent portion of your agenda. Please feel free to contact me at 586-5266 if you have any questions. Thank you. Lanette Windemaker, AICP Contract Planner planning • zoning . subdivision review • annexation historic preservation housing grant administration neighborhood coordination CONSENT ITEM i PLANNING DEPARTMENT STAFF REPORT #Z-07191 WEST WINDS PUD PH. 4-8 MODIFICATIONS TO CONDITIONAL USE PERMIT i Item: Zoning Application#Z-07141—An application for Modification to the Conditional Use Permit for the West Winds Planned Unit Development to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Owner/Applicant: Cascade Development,Inc., 1627 West Main St.,Ste 223,Bozeman,MT 58715. Representative: HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday,August 22,2007,at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street,Bozeman,Montana, and Before the Bozeman City Commission on Monday, October 1, 2007 at 6:00 p.m., in the 3rd Floor Community Room, Gallatin County Courthouse,311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located northeast of the intersection of Oak Street and Davis Lane. The property is legally described as a portion of the NW'/4, Section 2,T2S,R5E,PMM,City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. Y Lind R-1 B-P B xterU Em® , R,4 N R-3 z oa. _ Q -,,���'��,�,,�����'� ��-��- Oak:St _ ountq 6_�`�""-i N R-1 nql PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD) Final Plan. About half of the original development has received final approval and is under construction.The modifications are requested on the remaining portion of the PUD, — 85 acres to be developed as single-, multi-household uses with an optional church. The project will have access from Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27`h Avenue,and internal streets.The modification requested would eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for 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. BACKGROUND 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 requested relaxations from the City of Bozeman Municipal Code: a)Section 18.50.020"Park Requirements"to allow the area requirement to be based on l l%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; #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 2 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. 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 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, 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. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 3 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 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 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. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 4 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. 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. 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. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 5 • 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 271h 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 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 #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 6 0 0 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 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 requited 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 #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 7 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. • 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 #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 8 • 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. The Final Park Plan was approved by the City Commission on May 16, 2005. 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, 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: 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 #31 to read: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable ce,�fien 42 housing lots so long as it includes some very low income housing; 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 additional 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 I #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 9 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". On September 6,2005,per 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). On July 11, 2007, the Design Review Board considered this application for Modification of the PUD. At that time,DRB found that the lack of connectivity in the street layout,and the elimination of the mix of housing types creating a monoculture of uses were unacceptable. The DRB consequently recommended denial of the application. The developer has since revised the application, and the application now appears to address the concerns raised by the DRB. ZONING DESIGNATION & LAND USES The subject property is zoned"R-3"(Residential Medium Density District). The intent of the"R-3", Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City.It should provide for a variety of housing types to serve the varied needs of households of different size,age and character,while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—Baxter Square Subdivision. "R-1" (Residential Single-Household, Low Density District)—Baxter Lane Subdivision. "RS" (Residential Suburban)—Dwelling. "AS"(County Zoning Agricultural Suburban)—Unincorporated,agricultural,and dwellings. East: "R-3" (Residential Medium Density)—West Winds PUD Phases 1-3. South: "R-1" (Residential Single-Household, Low Density)—Harvest Creek Subdivision. "SRR" (County ZD#1, Semi Rural Residential)—Unincorporated. West: "R-3" (Residential Medium Density)—Baxter Meadows PUD Phase 4. "PLI" (Public Lands and Institutions)—Regional Park. ADOPTED GROWTH POLICY DESIGNATION The property is designated as "Residential" in the Bozeman 2020 Community Plan. The R-3 (Residential Medium Density District)zoning designation is consistent with this land use designation of the property. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 10 Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation, shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water,sewer,electricity,open space and public parks; E. To avoid inappropriate development of(ands and to provide adequate drainage,water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 11 G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial,office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • 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? REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 12 i • such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Bozeman Municipal Code. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The West Winds PUD Phases 4-8 Preliminary Plan proposal must comply with the intent of planned unit development as stated in Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: 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. 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 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 WE 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. 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 #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 13 #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 Enizineering 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. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 14 0 0 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. 14. 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. 15. 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. 16. 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. 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 each of the conditions of preliminary plan approval has been satisfactorily addressed with sufficient detail to the appropriate plan, page, note, covenant, etc. CONCLUSION/RECOMMENDATION The Planning Staff,the Bozeman Development Review Committee(DRC), Design Review Board (DRB), and other boards, when appropriate,have reviewed application#Z-07141,Modification of the approved Conditional Use Permit(CUP)for the West Winds Planned Unit Development(PUD) Phases 4-8 against the criteria set forth in Section 18.34.096,Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code.Based on the evaluation of said criteria and findings by the Planning Staff,the application,with conditions,is found to be,in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 15 The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan,Final Plat or Building Permit 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE WEST WINDS PUD PHASES 4-8. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Applicant's Submittal. cc: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715. HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718. #Z-07141 West Winds PUD Ph. 4-8 Modifications to CUP: Staff Report 16 West Winds Subdivision • Y Jul 2007 Description of Options To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. The original May 2007 PUD Amendment submittal has been scientifically reduced to two options. The revisions were due to suggestions made by the City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. U �J aG 15 2007 D:7--4 TMENT OF PLANNING ANU COMMUNITY DEVELOPMENT I I i E N G I N E E R I N G i a es HEDGEROW COURT TRADE WIND LANE - �` .r r ��• J l TRADE WIND LANE r I �•, i � FLURRY LANE l r , I 8 i ail i TSCHACHE LANE •_-r _I TURBULENCE LANE-- - 3 1 \\\ \\ AFFORDABLE AtRUAW GtVE&REET \ ul. CHURCH PARCEL 1/ \ --- CHACHE LANE e WESfWND W \ �� 18 l 1 1 9 ,gJ WNTER PARK STREET 1 1 )e4 1 I 89� Y►v✓ BREEZE LANE F-- -- i v .�..a� •BRED LAW N l S n i ! a 5 �e9 B BLEsroNE PL. I �iY C 1 11 TEMPEST COURT — .i. _.._.._......_.._.._.._.._.._.._.._.. .� �� (a8= g8=�ai8•�g8= 3a8p 3i8 :aip'118= 5 si:i� i x LEGEND WEST / DS OMMUN/ Y PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2, T.2.S., R.5.E., P.M.M. u PROPOSED LOT LINE PROPOSED PARKS GALLA T/N COUNTY, MONTANA i 0 ENGINEERING DaSTING WETLANDS —N— HKM Englneedng Inc. SINGLETMIILY ST HOUSING PROPOSED PUD 920 TECHNOLOGY BLVD. O SENIOR ASSISTED UNNG SURE A TOWNHOYES/CONDOYINIUYS A MENDMEN T - OP T/ON 1 Bozeman,MT 59718 (406)5868834 SD-3 FAX(406)586-1730 zoo o zoo Msiia eoale feet DATE DULY 2007 PROJECT NO.04S087.110 o Copxight 0 2008 HIOt Engineering Ins..All Rights Reamed 107 - I•, I / HE�OE3iOW COURT ', iTRADE WINDLANE , . . -' ` 4 TRADE WUID .N• ' I I I o • I ` LANE i 1 . FLURRY LANE I � i I _r,% TSCHACI-E LANE • I - - TURBULENCE LANE I' L AFFORDABLE AUTUI.4J �� ' \ L3� CHURCH PARCEL L' -- MCHAcHE LANE WESTWPID W �.• �./� t WNT ER PARK t 1 I ♦N BREEZE LANE .BREEZE LANE a I N i BeLEsroNe PL03 Yif Q , II THAPEsr COURT — m i t _.._.._.._.._.._.. •-j .._.._.._.._.._.._._.._..i.._.._.._.._.._..�.._.. _.._. ,�0 ~� m �tYp ``oY �•oY�•�aYp=•3�Ypp •3iY :iYY=YaYpp 6aYp _ LEGEND WEST /NDS COMMON/ Y a PROPOSED TRAIL srsTEu NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINE GALLA TIN COUNTY MONTANA i 0 PROPOSED PARKS ENGINEERING DOSTING WETLANDS -N- HKM Englneedng Inc. 0 SINGLE FAMILY HOUSING PROPOSED PUD 920 TECHNOLOGY BLVD. O SENIORASSISTED uvlNc o T° '"°"� AMENDMENT - OPT/ON 1 SUITE A 0 CONDOMINIUMS Bozeman,MT 59718 FAX(406 1130 iiiiia zoo 0 200 SD-3 Real. feet DATE DULY 2007 PROJECT N0.045087.110 o C pylgAt 0 2006 HIGI Engineering Ine.,All Rlghte RewrwA F9 ---------------------- ............ / E -- . FEDG-EROW COURT M iTRADE WPLDLANE —/ t df' �.-5'- I. TRADE WIND LAME / FLURRY LANE 8 TSCHACHE LANE 1 !�` -.I TURBULENCE-LAME--_ — 3 tl 1 ` 1 T � AFFORDABLE AllR1AQJ vE&FEET o \ t TSCcFIE o�( CHURCH PARCEL 1/�` ---- HA LANE e p• � WESTWM W WINTER PARK STREET 1 1 1 I 5 t I9� ` BREEZE LANE ,BREEZE LANEI'�1 I�1 - 1 i Te9 a I B SToNE PL o• � � I � I 1 9��_ I Y' SQUALL LANE 3 ! TBdPEST COURT I — a f / i {iCkg i;i= aI of I I% Isl !al LEGEND WEST WINDS COMMUNI T Y i --- PROPOSED TRPROPOSED LOTAIL SYSTEM 1/4 SECT/ON 2, T.2.S.• R.S.E. P.M.M. a O PROPOSED PAR SINE GALLAT/N COUNTY, MONTANA m ENGINEERING DIISTING WETLANDS —N- HKM Engineering Inc. 0 SINGLE FAMILY HOUSING o SENIOR A59S1ED UNNG PROPOSED PUD a920 TECHNOLOGY BLVD. � AMENDMENT — OPT/ON 2 0 TOWNHOYES SUITE A 0 CONDOMINIUMS Bozeman,MT 59718 1406158 SD-3 FAX(406)586-1730 zoo o zoo MR c scale feet DATE JULY 2007 PROJECT NO.04S087.110 Capipight 0 2008 HIW Engineering Ins..All Rights Reserved. C)l4 West Winds Subdivist July 2007 Description of Options To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. The original May 2007 PUD Amendment submittal has been scientifically reduced to two options. The revisions were due to suggestions made by the City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane,Baxter Meadows Phase 4. Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. H E N G IN E E R IN G^�� o F9 eoll 3 / °mow couRr I iTRADE WIND LANE •• TRADE wwD LANE BURRY LANE �0 TSCHACHE L.4FE , —, n,RBULENCE LANE- a 3 t 11 VVE.TP�EE`pr AFFORDABLE - \ 73CHACFE LANE •-ter CHURCH PARCEL wESnv�w °goin — - I � 18 WWTER PARK STREET I !,@ ! \ fe 4iT �P 1 � BREEZE LANE••_ — — �I Q � •BREEZE LANE s N n K J //►� gg `Y/ BME3TONE PL F — P TEMPEST COURT .._ .._.. .._.. .i.._..............�. .. _.._ .J �� �" �!@pp` E•@p ''fpp`l:fpp...3�fpp d�fpp !;i i!E '•afp z LEGEND WEST WINDS COMMUNI T Y u ——— PROPOSED TRAIL SYSTEG NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED 0 PROPOSED PLAR LINE GALLATIN COUNTY, MONTANA a ENGINEERING COSTING WETLANDS -N- HKM Engineering Inc. SINGLE I HOUSING SENIOR ASSISTED LIVING PROPOSED PUD �' H 920 TECHNOLOGY BLVD. 0 LIVING SUITE A o T°""°"�'C0ND0Y1N1UYS AMENDMENT — OPTION I Bozeman,MT 59718 (406)586-8834 SD-3 FAX(406)586-1730 200 0 2ao c iiiiia md. feet DATE AXY 2007 PROJECT NO.04SO67.110 Copylg�t O 2006 HKA1 EnglneeMg Ins,All Rights R—d. err State of Montana Department of Highways Northwestern Homebuilders LLC Ronald L Torgerson 2701 Prospect Ave. 11 West Fieldview Circle P.O. Box 537 Helena,MT 59601-9746 Bozeman, MT 59715-7189 Lewistown, MT 59457-0537 Carl H Vandermolen Brandon P Calder Gordon&Leesa W Gregory 56 Park Plaza Drive 1627 W Main Street#307 2807 Allison Court Bozeman, MT 59715-9343 Bozeman, MT 59715-4011 Bozeman,MT 59718-6053 Fellowship Baptist Church William&Patricia Livi Hookey Erin L Krell 2165 Durston Road 6912 Mogollon Drive 2813 Allison Court Bozeman, MT 59718-2740 Bozeman,Mt 59715-9596 Bozeman, MT 59718-6053 Ridge Investments LLC Andrew&Tami McLaughlin Douglas J &Diane F Aita 3144 Hillcrest Drive 1226 Hunters Way Bozeman,MT 597�ft97 Bozeman, MT 59715-0689 Bozeman,MT 59718-6042 Kenneth&Shelly S Williams Morales Company HVAC Inc. Matthew L&Angela R Jamison 1000 Abigail Ranch Road 343 Lower Rainbow Road 1229 Hunters Way Bozeman,MT 59715-0600 Bozeman,MT 59718-8122 Bozeman,MT 59718-6043 John Dunlap Arlee Green Construction Inc. Michael P Renaud _94 Little Wolf Road - tt 2803 Allison Court l Bozeman,MT 59715-8740 1 Bozeman,MT 5971&2465 Bozeman,MT 59718-6053 Norse Valley Limited LLP Jon&Michele Oakland ; Dragan Danevski &Bojana Susak 115 S Church Ave. 532 Little Wolf Road 2811 Allison Court —Bozeman,MT 59715-4719 Bozeman,MT 59715-8743 Bozeman,MT 59718-6053 James Walden Vector Group LLC Robert L&Lois Gilbert 1576 Buckrake Ave. P.O. Box 160165 1234 Hunters Way Bozeman, Mt 59718-6247 Big Sky,MT 59716-0165 Bozeman,MT 59718-6042 __Kenneth Williams Dawn Lindbom Nicole Wood 1000 Abigail Ranch Road P.O. Box 6203 1235 Hunters Way I Bozeman,MT 59715-0600 Bozeman,MT 59771-6203 F , Bozeman,MT 59718-6043 r Justin Mund &Kenneth Gibson Double Down LLC Corcoran Building LLC -144 Peace Pip Drive 5200 Bozeman Trail 8246 Huffine Lane Bozeman,MT 59715-0630 Bozeman, MT 59715 Bozeman, MT 59718 s � i r State of Montana � � � Northwestern Homebuilders LLC Ronald L Tor ersonr- ADepartment,ofHighways �< s � g� ri _ s i s a t 11 WestFieldview Circle P.O. Box 537 w 2701Prospect Aue ~� �` ' r fi Bozeman-MTT-597115�7�1.89', Lewistown MT�59457 0537< Helena;9NM960`1-9746 H C Carl H Vandermolen Brandon P Calder �' , Gordon&Leesa W Gregory 56 Park Plaza Drive 1627 W Main Street#307 2807 Allison Court Bozeman, MT 59715-9343, Bozeman MT 59715-4011 Bozern _MT 59718-6053 i Fellowship Baptist C illiam&Patricia Livi Hooke y x Erm_I Kreir 2165 Durston Road 6912 Mogollon Drive 2813 Allison Court ,Bozeman,MT 59718-2740 Bozeman,Mt 59715-9596 Bozeman,MT 59718-6053 Ridge-h! estmeWIGsILLC Andrew&,Tami;McLaughlin Douglas J&Diane,F Alta P O Box 11077� 3144 Hill-rest Drive 1226 Hunters Way Bozeman;MT59719-1077 Bozeman;MT59,7150689" Bozeman,MT.597g1£86042w d,w Kenneth&Shelly S Williams Morales Company HVAC Inc. ; Matthew L&Angela R Jamison 1000 Abigail Ranch Road 343 Lower Rainbow Road "E 1229 Hunters Way Bozeman,MT 59715-0600 Bozeman, MT 59718-8122 Bozemam-MT 59718-6043 AN John Dunlap Arlee Green Construction Inc. aelPRenaud _94 Little Wolf Road 1013 Woodland Drive 2803 Allison Court Bozeman,MT 59715-8740 Bozeman,MT 59718-2765 Bozeman,MT 59718-6053 Norse ValleyyF_1 t d LLP Jon&Michele Oakland : Dragan Danevski &Bpjana Susakzn 1a15+SChurchAve 532 Little Wo1fRoad ! 2811 Allison Court �� �BozemaVMMna MT 59,715-4719 Bozeman;MT�59�7,,15t8743 Bozeman,MT 597,18 6053 i James Walden Vector Group LLC Robert L&Lois Gilbert 1576 Buckrake Ave. P.O. Box 160165 1234 Hunters Way Bozeman,Mt 59718 6247 Big Sky,MT 59716-0165 Bozeman.MT 59718-6042 N __° ' ?'Dawn Lindbom ��, Nicole=Wood__Kenneth Williams �� ,�,�...�• 1000 Abigail Ranch Road P.O. Box 6203 1235 Hunters Way Bozeman,MT 59715-0600 Bozeman,MT 59771-6203 -Bozeman,MT 59718-6043 1 7ushn Mond&Kenneth Gibson ; Double Down LLC ;Corcoran Building LLC -;�~ ' 144Peace Pip Drive 5200 Bozeman T ffi rail 8246 Hune Lane ..R-� �' c E g$ozern ' MT�9,71�5-0630 Bozeman;MT,,',15 ,]Bozeman, MT 5..'', Easy Peel Labels 1 A See Instruction Sheet 1 ® 1 Use Avery®TEMPLATE 5160@ RA lFeed Paper for Easy Peel Featured �AVERY05160 d Kevin W & Emily A Galyen HI Desert Inn Inc. JXM Design & Construction LLC 3025 John Deere Street PO Box 351 3172 Lily Drive Bozeman, MT 59718-5918 Tonopah, NV 89049 Bozeman, MT 59718-6088. Staggwood Homes LLC David Fuqua Martin & Heidi Balus 1510 Bluebird Lane 2106 Buckrake Avenue 1579 Gale Court Bozeman, MT 59715-9293 Bozeman, MT 59718 Bozeman; MT 59718 Gallatin Center Limited Partnership Justin Leuer p.0, ,&y jOg �' Castlebar Limited Partnership �61011 e__—t 413 West Idaho St. Ste. 201 220 W. Lamme St. Ste. IF . Bozeman;MT Boise, ID 83702 Bozeman, MT 59715 l CT Fairview Investment UC L& B Builders LLP Jason Zalac 1725 Desales St'. Ste. 900 6760 Sypes Canyon Road 410 '/2 North 111h Avenue Washington DC 20036-4404 Bozeman;MT 59715-7797 Bozeman, MT 59715 MP Construction William & Betty Anne Sippel Michael & Kathleen Harrison 11 E Main Street Suite D 12711 W Allegro Drive 2731 Allison Court Bozeman, MT 59715-6205 Sun City West, AZ 85375-4228 Bozeman, MT 59718 Harvest Creek Sub Phases 10 & Open Space Master Dave &Adelaide Astrom Oscar N & Janis A Dean fVa �}ctdc�s5 3831 Lincoln RoaB� ' 6590 Davis Lane Bozeman, MTV Santa Barbara, CA 93110 Bozeman, MT 59718-8864 Baxter Square Sub PUD Ph 1 &2 1 Helvey Homes Inc. Evert & Jamee Wierda 9267 Cayuse Trail Open Space Master w ,) j� 13707 Camp Creek Road Bozeman, MT 59718 I`� Manhattan, MT 59741-8619 ABV Land Development Inc. Bozeman Congregation of John F & Karen J Sheady 1612 W Main Street Jehova d�a o�cC�d'es__S 5405 Baxter Lane E Bozeman, MT 59715-4012 Bozeman, MT 59718-8805 Bozeman, MT69tMi $SfrS Melvin & Deborah Benner - Christopher Awe Steven & Deanne] Smith 24240 Via Lenardo 2723 Allison Court 2717 Allison Court Yorba Linda, CA 92887-4920 Bozeman, MT 59718 Bozeman, MT 59718 Baxter Meadows Development Gallatin County William and Dianne Peterson 311 West main 3221 Baxter Lane Billings, MT4944L Bozeman, MT 59715 Bozeman, MT 59718 Etiquettes faciles a peler A •Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 51600 Sens de chargement d'instruction 1-800-GO-AVERY n� n� lam n� GU n� n� GU n.� • �g Jam Free Printing 1 � rY•COm I � AVERY® 5160® Use Avery®TEMPLATE 51600 I 1-800-GO-AVERY I I Lawry and Dorothy M. Brekke I James and Elizabeth Drummond I Ronald and Janice Lewis 5131 Baxter Lane East P.O. Box 3652 2875 Baxter Lane Bozeman, MT 59718 I Bozeman, Mt 59772 1 Bozeman, MT 59718 i I I I I John and Karen Sheady Robert J. and Janet M. Swenson j City of Bozeman 2775 Baxter Lane 4959 Durston Road I P.O. Box 1230 Bozeman, MT 59718 1 Bozeman, Mt 59718 Bozeman, MT 59771 I I I I I I D & D Palmer, LLC I Michael and Sarah J. Stiff I Kevin T and Erica H. Okragly 90 West Fieldview Circle 1 3077 John Deere Street 1 3109 John Deere Street Bozeman, MT 59715 Bozeman, MT 59718 Bozeman, MT 59718 I I I I Heather Glenn I James W. and Carol S. Ellis Carlos Mansilla and Rocio Bellido 3123 John Deere Street 3135 John Deere Street 3161 John Deere Street Bozeman, MT 59718 Bozeman, MT 59718 I Bozeman, MT 59718 I I I I Jerry Allen Anderson Revocable 1 Central Resource Group, LLC Jon Braxton 4004 17`h Ave. South Living Trust 1 I 17821 Misty Lane 1 3225 John Deere Street Great Falls MT 59405 1 1 Bozeman MT 59718 ' Huntington Beach, CA 92649 I ' I I I I Jennifer Lowell I Jennifer Nicole Simpson I Katherine Derzay P.O. Box 960 1 3210 John Deere Street 1 3172 John Deere Street Manhattan, MT 59741 Bozeman, MT 59718 Bozeman, MT 59718 I I I I Jesse, Steve and Kymm Stark 1 Xianming Shi 1 Laurie Sullivan-Chapman and 1140 Pryor Creek Road 3142 John Deere Street i Bobbie J. Sheetwood Huntley, MT 59037 Bozeman, MT 59718 I 3116 John Deere Street I 1 Bozeman, MT 59718 I I Troy and Krista M. Purcell Michael and Britta Schwarz Chad E. Ripplinger 3104 John Deere Street 1 1293 New Holland Bozeman, MT 59718 I Bozeman, MT 5971�8 Victoria E. Garcia & James R. I Sally I Patricia A. Turner I Norse Valley Limited, LLP 1275 New Holland Drive 1 1251 New Holland Drive I 115 South Church Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59715 I I _ James Walden 1 S"7 Brian Gabriel and 1 SMC, LLC 43 Mineral A_____ Z`,AcKCak 1 Sarah Jeanne Jones-Popiel 1 1970 Stadium Drive, Suite C I 1411 South Rouse I Bozeman ;MTS S�7l.g I Bozeman, MT 59715 i Bozeman, MT 59715 � I 09<s ®A�J3A1� • Aa3AV-09-008-i @0915 31V1dW31®ti,anyLasn® wog mane niuv►nn 6ui;uiad aaaA - --»- _. t. .� _._.. _ _ _ _ -_ i //� Gv �� t G� � , //• Gv 1 • ��` Gv 7 �. ��� G ; n i ,I //� G� t ���t G _ //•� G a Gv �•`` Gil 3 n � • //.� ; _ G Easy Peel Labels LA i ® See Instruction Sheet i CA i Use Avery®TEMPLATE 51600 ® Feed Paper for Easy Peel Featured ® aAVERY85160@ d i� Michael & Stephanie Bishop J. Stanley Horton Westworks Building Company, Inc 2337 Hilllcrest Drive 5398 Henrys Lake Road P.O. Box 10053 . Bozeman, MT 59715 Island Park, ID 83429 Bozeman, MT 59719 Trevor S. Smith Helvey Homes, Inc. Cascade Development 162,7 W 1104 Holly Drive 9267 Cayuse Trail Bozeman, MT 59715 Bozeman, MT 59715 I Bozeman, MT 6941-S.- 2 � Benjamin &April Ganser Richard &Nancy Ojala Roger Craft 2737 Allison Court 2741 Allison Court 1100 Mountain Ash Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 David Barnard Matthew Bischof BTR LLC PO Box 614 1506 Gale Court 300 N. Wilson Ave. Ste 605F Ennis, MT 59729 Bozeman, MT 59718 Bozeman, MT 59715 Matthew Morley Heartwood Homes RS Bearrow Construction 1564 Gale Court PO Box 5337 11 Pathfinder Trail Bozeman, MT 59718 Bozeman, MT 59717 Bozeman, MT 59718 Troy Chase Jodanna &Tanner Sessions -Nerthror�est Homebuilders LLC PO Box 325 1183 S. 800 W. Bozeman, MT 59771 Woods Cross, UT 84087 Bozeman, MT 59715 Ian & Shelby Frye Scott &Wendy Zeadow Arlee Green Construction 1642 Buckrake Ave. 51 Kelly Court 1626 Buckrake Ave. Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Paul & Claire-Menshat s Andy& Karen Hung Mike & Kara Albrecht 185 Liahona Lane 1603 Gale Court 1026 New Holland Drive Kalispel, MT 59901 Bozeman, NIT 59718 Bozeman, MT 59718 Francis &Nancy Laughlin Arno Green Laura Dunlap 1612 Buckrake Ave. 1626 Buckrake Ave. 1634 Buckrake Ave. Bozeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Chris Fortin Colby Heiser Dianna Koch 4688 Glenwood Drive . 1587 Tempest Court 4515 Cascade Street Bozeman, MT 59718 Bozeman, MT 59718 Bozeman MT 59718 -- ---- --— - -- —-- --- -- -- - -- — - ttiquettes faciles a peter A •Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 51600 Sens de chargement d'instruction 1-800-GO-AVERY n� n� n.� �� n� n� n� n� n� n� n� � _ � Easy Peel Labels i See Instru F.Sheet AVERY®5160® i Use Avery TEMPLATE 5160 aFeed Paper for Easy Peel eel Featured d Donald & Renee Russell 2010 Viburnum Lane Asheville,NC 28803-3243 i 4 ttiquettes faciles a peler A Wconsultez la feuille www.avery.com Utilisez le gabarit AVERY®51600 Sens de chargement d'instruction 1-800-GO-AVERY n� n� n� �� �� n� �� g� n� �� n.� � _ : � � � Claire Menkhaus 185 Liahona Lane Kalispell, MT 59901 Home Phone or FAX: (406) 756-1052 e-mail: menkhaus@bresnan.net City of Bozeman Planning & Community Development 3 0 2007 20 East Olive Street FDEPAtRTMENT OF PLANNING P. O. Box 1230 NITY DEVLENT Bozeman, MT 59771 August 22, 2007 To whom it may concern: Please correct to spelling of our last name for your records. It is: MENKHAUS, not: Menkhaus. Thank-you, Claire Menkhaus N .CITY OF If)zr".',6- PLANNING & COMVU BUY DEVELOI'ievENT j .'1.7 Ai C-3 2007 PM 1. T 20 EAST OLIVE STREET P.O. BOX 1230 BOZEMAR MT 59771 Pain 9aira59_ea: � 1 Lia�Iona Kalispel, MT 59907 W� i An .f a tv' i Tole MCI t' lots! e xrr; v Susan Stodola Subject: "Post Mortem"of West Winds appeal Location: Conf Room 1, Professional building (downstairs) Start: Tue 12/9/2008 3:30 PM End: Tue 12/9/2008 4:30 PM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Required Attendees: Andy Epple; Richard Hixson; Susan Stodola; Bob Murray; Chris Kukulski; Chuck Winn Chris requested we get together to discuss this project: - How the appeal came about - If we could have presented it differently/stronger - How we can let the commission know when consultants are lying (sorry for being blunt) - What we did right - How we might have handled any of this differently - Other 1 t ENGI N E E R-I NG July 24, 2007 920 Technology Boulevard HAOMS067125\Pre-plat ph 4,5,6\PUD amendment\0706071a_Iw-PUD admendment.doc Suite A Bozeman, MT 59718 t Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com ' Ms. Lanette Windemaker City of Bozeman Planner PO Box 1230 ' Bozeman, MT 59715 1E ' RE: West Winds Planed Community JUL 2 4 2007 Request for Amended PUD Conditions -Revised DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ' Dear Ms. Windemaker, ' The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development. The amendment request is due to a change in land use within the PUD. The original PUD granted the option between senior living facilities and ' residential housing, see enclosed approved PUD figures,the below PUD amendments are in addition to the approved PUD. 1 • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane.' All townhouses lots have been replaced with single-family lots in Phases VI, VII, and VIII. Townhouse lots will remain in the residential option for Phases IV and ' V. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision. ' • Building Height-- Chapters 18.16 of the Bozeman unified Development Ordinance. Zone R-3 Residential Medium Density District allows for building heights as follows: ' ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. ➢ 40 feet for roof pitch of 6:12 or greater but; less tan 9:12. ' ➢ Finally a maximum height of 42 feet is allow for roof pitches 9:12 or greater. ' Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help ' the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in ' architectural scale and clarity and will it to relate better to the steeper roof pitches ' 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 Lanette Windemaker t Page 2 of 3 associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over ' the life of the building. The current height zoning allows for 38'-0" maximum height for a 5:12 roof pitch. With the requested relaxation, a proposed building height would be approximately 4'taller than currently allowed by zoning. ' We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion, we are asking ' for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with ' .main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. ' • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church ' parcel is 5.17 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. ' Enclosed are two different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below ' descriptions and enclosed figures are an outline as the final lot layouts could result in a combination of attached figures. tion 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache ' Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. ' Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 ' have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. 1 The following items have been enclosed for your review ' • Application&PUD checklist with written narrative. • Approved PUD plan • Proposed amended PUD plans (Option 1 & 2) 1 Lanette Windemaker Page 3 of 3 ' • Proposed and approved density calculations • Proposed and approved park calculations ' • Certified property owners list and map within 200 feet of West Winds PUD and owners within Phases I & IL ' • One CD of PUD amendment application. HKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. If you have any questions or comments please feel free to contact our office. Sincerely, ' HKM Engineering Inc. Clint Litle, PE ' Senior Project Manager cc: Cascade Development t I: 7 I ---------------- I 1 I 7 r- 'f - -- --- ---- F - TOP PLATT ' !'6 UEDROOM 2-BEDROOM 1 6 = 2�EDROOM 2-BEDROOM Z UN ROOM .DEN ;FULL :CLST UNrT-BEDROOM. .LINK:-WING ROOM OEIJ HALL GLS7 UNR-BEDROOM' 'Cn g p , 1 1 .. 1 1 i gg 1 m; 190FLOOft 1 1 I - 3R0FLOOR - 4 - 1 ............... ...... - .. ..... .- - 1 ....... ...... ...... .... _ - - _ 2$EDROOIN 2•BFOROOI.1 1 I v ^ 2BFDRl)OM ]-BEDROOM ' O, a UNR-LMNGROOM .DEN :HALL LIST UND-.BEDROOM� a; �UNR-LMNG ROOM D� �'L Q�f UNIT-BEDROOM 1 w 2ND FLOOR I •2ND FLOOR I Z a N. 1 1 1 � 1 1 1 zzza Itn 1 1 1 n 1 1 '� 1 i MARRETIN HALL MENS.RR ;FULI ELEVATOR :KITCl1EN• � �MARRFIIN FULL .MEN'S RR FULL :ELEVATOR. KffClIEN c 1 1 1 1 1 � 1 7 = o e iSi.FLOOR_ _ 1. _ 1$TF _ 1 1 : - G4 GRADE 1`yy• } GRA LDOR �g - 6 IA. r 5 l +1 o z x _ _ o k ' BUILDING SECTION - 3:7/T2 SLOPE �BUILDI'NG SECTION -:5/12 SLOPE 'D3:24 VB•-r•o• 'xacc��nm D3.24' IB•-ra' 1 r..V Q J JQ Z Z Q 22 21 2Q T9 2'2 2.1 20 19 .Z iW N .W m ' -TOP_EIAiL -. - - _ - - - -TOP MAIE. � - F1ARCt(15,.200Z� MAY 29,200T -3RD FLOOR - - I - -3RD FLOOR f .................-2N6 FLOOR - I ................. .�.,�.-_. ..-. 2ND FLOOR �� � :DATE: APRIL 6lFi,�2007 'FILE' D314 _1ST FLOOR .-� ' 1ST FLOOR _ ,'DRAWN: . - _ . CHECKED: S• GOPYRIGHT-AIJRROM MOIS,W .ASSOOAlEOARI?IILE[T52087 ' a SLOPE tUVATION - 3.7/12 SLOPE ELEVATION - 5/12'SLOPE STUDIES D3.24 tB"-7.4 • '° �"�" D3.24 -IB"-7'-0" ♦ xamcaalnrl T. 1 Z6 d9 D3.24 BUILDING PERMIT SET L i West Winds PUD Amendment May 2007 1 1 1 ' Application and Narrative CITY OF 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@bozemon.net Bozeman,Montana 59771-1230 vrvvw.bozemon.net DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: West Winds Planned Community ' 2. Property Owner Information: Name: Cascade Development Inc. E-mail Address: jdunlap@cascadehomes.com ' Mailing Address: 1627 West Main Street Suite#223;Bozeman,MT 59715 ' Phone: 406-585-9230 FAX: 406-556-1257 ' 3.Applicant Information: Name: Same as above E-mail Address: ' Mailing Address: ' Phone: FAX: 4. Representative Information: ' Name: HKM Engineering Inc E-mail Address: clide@hkminc.com ' Mailing Address: 601 Nikles Dr. Suite#2;Bozeman,MT 59715 Phone: ' 406-586-8834 FAX: 406-586-1730 ' 5.Les r al Description: NW 1/4,Section 2,T2S,R5E,P.M.M,Gallatin County MT ' 6. Street Address: Located at the NW quadrant of intersection of Oak Street and North 27th Avenue,Bozeman,MT 7. Project Description: To amend an approve Planned Unit Development for West Winds Major Subdivision. Amendment includes lot change to all single-family, road change,and option for a church parcel. 8. Zoning Designation(s): R-3 79, Current Land Use(s): Residential.Subdivision/Agricultural 10. Bozeman 2020 Community Plan Designation: Residential Page 1 Appropriate Review Fee Submitted ❑ 11. Gross Area: Acres: 161.3 Square Feet: 12. Net Area: Acres: 85.51 Square Feet: 13.Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor ' 14.Will this application require a deviation(s)? ❑r Yes ❑ No 15.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—Preliminary Plan ' ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑ S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G. Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.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 checklist(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 not smaller than 8'/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This ' application must be signed by both the applicant(s)and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the ' City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I (We).ber,&y_certify that the above information is true and correct to the best of my(our)knowledge. r- Applicant's Signature: ,/ LWI Date: � OT - r Applicant's Signature: Date: ' Property Owner's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) �■�■ � r � r r■ r r ■r �r r r� rr r� r r r r ■r :. rt y "� . t% a!`•u �is �,xytS� +:T +�,. ., i,,,�� ' N �t.V��Cjj�S:t� -� � t�` � ��h 1 Nk+:��1.�.,d�y S•�� ';'- ``. ,, $i^Is,i, •4�f ,�yR�{ r'y,q •�J"s •h n'r}C „}�r t� t ;S'�� �, ..�': .a -+S:'9.. +�2F �`•..'�'�J• `'S�'S;t,`�C ;e'r^ '•..l�t` 4�. �n • - r`f FAN t..ROC"YMOUNTAIN BANK �tsgti ?•-w t_'r •5�14/.:..,: f p. sr h �Y, b_,{ , 2901`WestMain;Stree4•B.gieman"MT.5$718�'�� CASCAD+E{D /ELOQMENT I�IC: . : ;�' 410 8,55s<7800 n,.3 ��z t; M 93 121/929s 4 Nev, + y4 B �Nl1':NMT 59Z16 05/0�1/2007 t ) .n ` .fix. •.�' t fJ..lam. r i ;`. •. # '+`t- t:f,tS ' 'i e x rsf3' sf-., G t 5 t .,r 'sT, +-- c.• v a C t 4'^n. r;. 6 3y,,,.+. ,�Y .7r f• �Y' i _ sa• r r 'N i- iY y i:r v WIMP, t�:i¢,,,,��`J' js-:P C , '' O e,�'� `+t '^ '.Y- ,+�it ;yi'� �-t ♦3 '4+' •t i•J>" k,..w ,r. •..�,'15...+ a r.i 1, t ,'PAY T;O T;HE" '0 Ot B �elala�l ,Cs k?� µ �u f� u a et yt s t **�*.k* ' $1"800 00 R r rw a��.:+ �},a�•y'y-�'s,� �+.p ' awry .+..�.r c,. i" t r �' - _ ," 1 S., S. a A!('1<' t.i O EVER O,F. ar E 4 b :a r�' ,, tY ..-;f f.5 •»F hi�+� `i.• t Y�rt ,f.^ �rs'i,�..3 ^,y't+, ,r' to c„ti' e, t•r-, EXACTL�ONE"`TKOIlS_AIVD'EIGI�T�H�NDRED�,J�'D,.eO�(tLARS�l�'�'� `zr t •�-, �• _ }•' �'4Lti �5�,,Y '`# I es r� t»n aca. s r v h t •rt- +wsYClty Yo'1`F�: Leman �' t yr+'t ,��" ��,'�?'' : "+ ,}� �� a,•er�+•• :i �, r 1��• .�r.:;_ ,,� DOLLARS_' i i ti_ i`z+-•7+ 1 ti 'rr a�{ �m r r +• wiR�,�r- r Fi"Ji ` ��''.y+ '�- 'i � , 1• - ,v��-. t ���� h, r c ,t*4,off�,-;�T" � rt• r ,,• 71 �& u f .3� 7.,,, t4Ak.3r,. Zt.M• .s'xsi- 7+'"'4 t�� =iyt, '"�[}+ Boze�ianN��T5977T51230; r� �»'T :t � fi':�^�wr a"i;'a � •.. "k. n y .v�`i�xy e'YS.'`C"'�?`C �' 'A'.., ^• �i N`61.,v1t,� w MEMO] pPiritS, } �.r , �; ,W T F�.i �l,. s"! V,u::�WF4M• `-.i. 4,.2i'"�.•.t' j �W'3 C1+•.. > M.:;�EfEY',:•w -++ 1f` �ayti 11000S 14 7110 1:09 2 90 L 2 L 411: 1120229711' CASCADE DEVELOPMENT,INC. .5147 Record#: 118: Check#: 51`47 Date 05101/20.07 Description: :permits Amount: ;1,800 00 Vendor# 426 . Payee ;sC�tjrtaf Btozeman • ~.:Address: Box`1230 y Q Boieman iM �59771 1230; t J 1� r ti� •, + _ , ..s; � r, t y rs,� r 4 t J• yr, �r Ii J�- t•"`..i!' '`' ..y t n� +tf ."tc�y,,v„rJy,•t �r'r y. Q. EE K ,q.:.� ��� � . � .rcJ`Y' s�13•.a.�.i '�•�•��k'�t. S� Lin,r Y` r"e4 ,,.v .-��•!'y"`"t'j� ,�iw�-'�p'+.tj{a,t M _�--�"- '�"�`tJ�,s, t^ + � �. �J r� ..e k'. <A tr r v% rkS }.. a7„ •t. X �Rs•a c� ! + + '..n Dc Y:''f 'f,{.+w:..h r '�' �' l t. -+{r +., t•-j a L _Ji,+j:�4�4h�'.,a.r.{# r7s.3,.;• '��' `.Ft t...^�,�''., - tY Ca ! t ?� y'E'_ ; •l J:.�;o.���-i sy :�i., �-"•°""'C f-�i}Fv� e� M:� :�:r�" .,,'`;:,'�a} i, z't-.., x.},.�+,Z � t s� . 1 .. - �` ra}' .,ti{ t •� _ , z a� �y i3q'�tYi�•. �++k.+y, " ,(t a{r � 3« _.,�t t,+p�w.,i,ys .�tT ,.,c, t + 1 � � ' 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 returned 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, ❑ ❑ ❑ ' 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. JewPlanned 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'/z-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 9 ❑ ❑ 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 5a ❑ ❑ 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 ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ® ❑ ❑ applicant h. Where deviations from the requirements of this tide are proposed, the ❑ J[ ❑ ' 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'/2-by 11-inch vertically bound document.The document ' shall be bound so that it will open and he flat for reviewing and organized in the following 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 ❑ 19 ❑ ' where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑ 29 ❑ 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 ❑ R ❑ 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 ' S. 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 ' 6. 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 0 ❑ ❑ ' 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 18.78.050.L, 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 t 9. A proposed draft of a legal instrument containing the creation of a property owner's 0 ❑ ❑ 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. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A ' 1. 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) ❑ ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑ ❑ C. Attorney's or owner's certification of ownership ❑ ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ ❑ on the site plan 3. 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 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 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 1 Page 5 1 West Winds Plan Unit Development PUD Amendment ' July 2007 The following is a narrative of items within the Planned Unit Development Checklist for the West Winds PUD Amendment. B.1-a-Application form enclosed ' B.1-b- The owner/applicant of the remaining Phases within West Winds PUD is John Dunlap, Owner Cascade Development, LLC 1627 West Main Street Suite 223 Bozeman, MT 59715 B.1-c-The proposed PUD Amendment will be zoned R-3 as in the approved PUD. The ' amended PUD will decrease the overall density of West Winds, as the remaining phases will consist of single-family housing, senior living, and/or a church parcel. The approved PUD is in compliance with the City's Growth Policy. ' B.1-d-The proposed open space within West Winds Subdivision will be owned and maintained by the Homeowner's association. B.1-e- If the owner of the remaining phases changes,the lot layout and intended use will ' remain the same, as preliminary plats which are being file concurrently with this PUD Amendment. B.14--The remaining phases of West Winds Subdivision is residential housing, and will not directly create employment. ' B.1-g-The rationale behind the PUD amendment is listed below: Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. ' All townhouses lots have been replaced with single-family lots in Phases VI, VII, and VIII. Townhouse lots will remain in the residential option for Phases IV and V. The changing real estate market has driven this lot change. Amending the lots ' will decrease the total dwelling units within West Winds Subdivision. Building Height -- Chapters 18.16 of the Bozeman unified Development Ordinance. Requested relaxation: allow 42 feet for a roof pitch of 5:12 within the senior living areas. With the requested relaxation, a proposed building height would be approximately 4' taller than currently allowed by R-3 zoning of 38 feet. ' We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds senior areas. ' A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches ' associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. ' In conclusion, we are asking for relaxation of the existing height ordinance as stated to allow a 42'-0" maximum height to be associated with a maximum of a ' three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. Church Parcel Option-- A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent ' preliminary plat application includes the option for the church parcel. The church parcel is 5.667 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. 1 B.1-h-The are no additional deviations requested with the PUD Amendment other the deviations granted in the approved PUD ' B.1-i-Conflicts with the change of land use is expected to be minimal since the change is decreasing the density of the development. The amendment to the PUD will require a public hearing with the City Commission where objections to the land use will be ' addressed. B.1-j- 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 perimeter arterial and collector streets will have bike lanes for both east/west and north/south bicycling traffic. ' B.1-k-Phases I & H of West Winds have been constructed,Phase III is under construction and the remaining phases are expected to proceed on an annually or bi-annually basis depending upon the housing market. ' B.1-1-The original approved PUD Master Plan is enclosed with the proposed PUD Amendment plans. B.2-a- Refer to approved West Winds PUD B.2-b-Refer to approved West Winds PUD B.2-c-Refer to approved West Winds PUD ' B.3-a-Refer to approved West Winds PUD B.3-b-Refer to approved West Winds PUD B.4-a-Refer to approved West Winds PUD BA-b-Refer to approved West Winds PUD BA-e-Refer to approved West Winds PUD BA-d-Refer to approved West Winds PUD ' B.5-a-Refer to approved West Winds PUD B.S-b-Refer to approved West Winds PUD B.6-This PUD Amendment has been submitted concurrently with Preliminary Plats for ' Phases VI, V, VI, VII, & VIII. ' B.7-The traffic impact analysis was completed with the origional approved PUD. An updated traffic study has been completed and has been submitted to the planning ' department with this application. B.8-Refer to approved West Winds PUD B.9-Refer to approved West Winds PUD 1 I 1 1 , 1 1 1 � • West Winds PUD Amendment May 2007 1 r 1 1 i 1 1 i Approved PUD Layout 1 1 1 r r r r r r E N G I N E E R I N G H I *41 4 L---- -- ------35 1 R LANE ININOR ARTERIAL) - P FIR T comi ---LJ--i--L-l--J L-- _-L- L I TRADE WIND LANE H- 11--IL +1H TRADE WM LAJE --1 r L--I—L--L--L—J —J FLURRY LANE TSCHACHE WE -------- TUFMUU34CE LAM r 3. APPORDAGIE.LF AUTUiM GROVE 1--1 F--T—T--T—T- f T-j T--L r TSCHAcHE LANE LL WNTER PARK 14 -4 + 1111-4 k ' - EIREIaE I SENIPR L VINAREA -- F-1--- L BREEZE LANE BSLESrONE TEMPEST COURT 7-:7--------=-.:�-7- --------- - -----------i---------- --------------- - ------------ T- ------------OAK STREET [PRINCIPAL ARTERIAL)----------------------- --—------------------------ ENTER OF S. 2 A TEO LEGEND WEST WINDS COMMUNITY H ®0 PROPOSED PAFM NW 114 SECTION 2, T.2.S., R.5.E., P.M.M. E3(IST[HG WETLANDS TOVEHOUSE GALLA TIN COUNTY, MONTANA ENO SHME FAMILY -N- HKM Engineering Inc. 0 DUPLD(—FOURPU0(MULTI—FAMiLY APARMENT McChesney Professional Bldg. SWOR ASSSTED AND MULTI—FAMILY LAND USE PLAN 601 Nildes Dr.,Suite 2 Bozeman,MT 59715 (406)586MU 200 FIGURE 2.1 FAX(406)586-1730 sed. feet DATE:MAR.31.2005 PROJECT NO.045087.110 Copyright 0 2005 HKM Engineering Ine.,AH Right,Rewr4ed. 13 T 34 LANE f—MIN OR—AR TER-JA L) 35L_ SAX TER T T WF L L I I L J-J---L I I I I I I I I : --- --------- �' �--- i t Fa L- W --- --- T801 Litel E LME ANF F-F--j I i l -__- I ; III ; I ; 1 1 1 1 1 -- �� ---- � i -. �. I III III .. , I I ___-- , ; I I I I ; i ; I I ,' 'LLJ f1 rF-- T T--T—T---1 jl tj LAN&--- NO) �I _ ' ' r-_ __ it � 77-7 1 —17-77— ! F —t Ir-------r -4 j II i , ,' �� �: r--T �I f --- I I Q L T-1-1-71-T-F-1 1 F-1-1-TF -—-—---dET-1 r 11 71 j Z----------=-- ----- -___---------------------------------- ------------------- --------- OAK STREET [PRINCIPAL ARTERIAL)------------------------ --------------------------------- c --- ------------ t. �,Fs, .. ....... ENTER OF S. 2 LF- LEGEND WEST WINDS COMMUNITY PROPOSED PARKS NW 114 SECTION 2, T.2.S., R.5.E., P.M.M. DOSTING WETLANDS TOWNHOUSE GALLATIN COUNTY, MONTANA ENGINEERING Aqp1qIIRgO SINGLE FAMILY -N- Inc.HKM Englneedng ou PLEX-FOURPM MUL71-FAMILY APARMENT LAND USE PLAN McChesney Professional Bldg. 601 NiHes Dr.,Suite 2 S W RESIDEN TIA L AL TERNA T1 VE Bozeman,MT 59715 11161516-1834 FIGURE 2.1.A FAX(406)586-1730 20D 200 F —soda feetI DATE. MAIL 31,2005 PR—NO.04S087.110 Cop)dght 0 2005 HKM Enginming 1—,All Rights Re3ervacL � ! w West Winds PUD Amendment May 2007 1 1 r r r 1 r Proposed PUD Amendment Options 1 r 1 1 1 r r r r r E MG-, I N E E R I N G ' West Winds Subdivision July 2007 ' Description of Options ' To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. The original May 2007 PUD Amendment submittal has been scientifically reduced to two options. The revisions were due to suggestions made by the ' City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall ' provide for the layouts listed below or a combination thereof. Option 1 ' Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent ' subdivision west of Davis Lane, Baxter Meadows Phase 4. Option 2 ' Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, ' Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. D C C IE011E AUG 15 2007 ' DEPARTMEN-OF PLANNING AND COMMUNI-Y DEVELOPMENT 1 1 H ' E N G I N E E R I N G I I ► I ► � T9 1 r.._.._.._.._.._..T.._.._..- - - - - - - - ............_..� IL L/// �3 l� a T" NEDc1ERow COURT i i iTRADE wwD LANE 1 •� ' ;� ;` - TRADE WIND LANE FLURRY LANE 1 l , 18B TURBULENCE LANE TSCHACHE LANE 1 I 1 a 16 1 YS 1\\ AFFORDABLE AUTUAW VE STREET \ 4 1 e6r CTSCcHE HURCH PARCEL ' 1//r \. JHA LANE _ s IIlWE w rl t \ J -- _ -- WINTER PARK STREET `� i� '' ♦♦ 1 Y Igy il' 1 oy. �� - ♦ BREEZE LANE•• — -- il 'lY •BREEZE LANES N x �Yi a [/ill L BBLESTONE PL • �'g�� TEMPEST COURT I Q , 1 ie ♦ I � I m 1 .�. .J _ •v�� .,,.. '�; �°ip�:;x lS�9i 11 !�t:,g..< pi •M !a�!Fpi i!a!p 6a!p 1 ,LEGEND WEST / DS OMMUN/ Y i ——— PROPOSED TRAIL sysTEu NW 1/4 SECT/ON 2, T.2.S., R.5.E., P.M.M. 1 PROPOSED LOT LINEGALLATIN COUNTY. MONTANA !_---.-- -._.� PROPOSED PARKSS ENGINEERING DOSTINGWETLANDS -N- mo HKM Engln@Fling Inc. SIN FAMILY HOUSINGPROPOSED PUD SENIOR ASSISTED USING 920 TECHNOLOGY BLVD. TOWNHOMES AMENDMENT — OPT/ON 1 1 a SURE A 0 CONDOMINIUMS Bozeman,MT 59718 FAX �40641730 200 0 200 SD-3 scale feet DATE JULY 2007 PROJECT NO.—.1.110 0 1 CopylgM 0 2008 HKM Engineering Inc.All Rights R—rw& ' �.._.._.._.._.._..�_.._.._.- — — — — — — — .L.._.._.._.._.._..� W_ a3 3 Ell LL i rEoc,ETow couRr I _ / 7 IJ•..r t 1.. • iTRADE WIND L.AhE 1 1\�•• � � 1 TRADE WIND LANE •n ; 8 1 FLURRY LANE i ' y TURBULENCE LANE 1SCHACHE LANE • 1 1 I I r 3 1 1 i�: 'i j • LLAFFORDABLE A. VE 1 ' / 1 CHURCH PARCEL _TSCHACHE LANE 15( !� �gv WESTWWD 18 ;I 1 I WIREfi PARK STF�T `` ' � I � ,✓ BREEZE LANE•• — i 00 .BREEZE LANE/ n F,L lei a MILESTONE PIL a 1 1 9 P � I � Ei lai SOUALL LICE 1 TEWEST COURT G ..i. .._.._.._.._...�.._.._.._.._.._.._.._.._.._..J _ �"v —,.., .,,,mar. «� --�, �• �/ �� .�,;o alp al ailp i;ipv 3�I •3�7gg 9;ip yaipp '•oip z LEGEND WES T WINDS COMMUNI T Y c PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2, T.2.S., R.5.E., P.M.M. ' a PROPOSED LOT PAR LINE GALLATIN COUNTY, MONTANA a ENGINEERING © PROPOSED KS — EwsTING WETLANDS —N— HKM Engineering Inc. 0 SINGLE FAMILY HOUSING SENIOR ASSISTED LIVING PROPOSED PUD 920 TECHNOLOGY BLVD. © TONMHOMES SUITE A coNDoulNluus AMENDMENT — OPT/ON 2 ' a O Bozeman,MT 59718 y (406)586MU SD-3 6 FAX(406)586-1730 ITS zoo o zoo 0 scale feet DATE JULY 2007 PROJECT NO.045087.110 ' Copyright 0 2008 HIM Engineufng In.,All Right.Rftw-d. 1 � • West Winds PUD Amendment May 2007 1 r Approved and Proposed Density and Parkland Calculations AM E N G I N E E R I N G 0 1 t West Wind Planned Unit Development Project Density Calculation -Revised 7/20/2007 Approved PUD ' Land Use Net-Land Area Net Density Estimated Ac. D.U./Ac. ' Dwellin Units Senior Residential ' Multi-Family 22.52 8.88 200 Skilled Nursing Facility 6.49 23.12 150 Subtotal 29.01 350 ' Residential Single Family 33.15 6.21 206 Townhouse 13.61 11.02 150 Multi-Family 9.74 13.46 131 ' Subtotal 56.49 487 Total 85.51 9.79 837 Amended PUD(Option 1 -Senior Living) Senior Residential Multi-Family 20.26 8.88 200 Skilled Nursing Facility 6.49 23.12 140 ' Subtotal 29.01 340 Residential Single Family 32.52 6.46 210 ' Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 Subtotal 51.42 471 ' Total 80.43 811 - Amended PUD(Option 2 Single-Family) Senior Residential Multi-Family 3.51 5:13 18 Skilled Nursing Facility 3.18 31.45 100 Subtotal 6.69 118 Residential Single Family 46.49 6.00 279 Townhouse 10.92 12.82 140 Multi-Family 9.60 14.28 137 ' Subtotal 67.00 556 Total 73.69 674 ' Table Notes: 1-Net land area excludes roads, openspace and parks. 2-Senior Living Facilities density are subject to change upon site plan applications t • • West Wind Planned Unit Development Project Park Calculation- Revised 8/14/2007 Total Net Park Land Provided in Approved PUD=19.07ac Total Net Park Land Provided in Amended PUD=19.563ac A roved PUD Land,Use Net Land Area Estimated-Net Estimated Park Area Ac. Densi , DU/Ac Dwelling Units.. Required Ad. Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 Total 85.51 9.80 837 19.09 Amended PUD(Option 2-Senior Living) Senior Residential Multi-Family 20.26 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 Residential Single Family 32.52 6.46 210 6.30 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 83.84 79.47 811 18.59 Amended PUD(Option 2-Single-Family) Senior Residential Multi-Family 3.51 5.13 18 0.54 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 46.49 6.00 279 8.37 Townhouse 10.92 12.82 140 4.20 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 80.00 77.88 674 15.68 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. West Wind Planned Unit Development Project Park Calculation-Revised 7/20/2007 Total Net Park Land Provided in Approved PUD=19.07ac ' Total Net Park Land Provided in Amended PUD=19.045 Approved PUD ' Land Use Net Land Area Estimated Net Estimated Park Area Densit DU/Ac DwellingUnits Re uired Ac. Senior Residential 7 (Ac.) Multi-Family 22.52 9.00 200 6.00 ' Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 ' Total 85.51 9.80 837 19.09 ' Amended PUD(Option 2-Senior Livingl Senior Residential Multi-Family 20.26 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 ' Residential Single Family 32.52 6.46 210 6.30 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church ' 5.67 0.00 0 0.00 Total 83.84 79.47 811 18.59 ' Amended PUD(Option 2-Single-Familyl Senior Residential Multi-Family 3.51 5.13 18 0.54 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 46.49 6.00 279 8.37 Townhouse 10.92 12.82 140 4.20 ' Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church ' 1 5.67 0.00 0 0.00 Total 80.00 77.88 674 15.68 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. 1 . West Winds Planed Community Subdivision Summary July 2007 F ; Option.1 � Option 2 Lots ac R a Lots ac. ' Total Single Family 4i,:�210k N3Z52tj� 279 46.488 Total Townhouse 247 9 3035,r2 140 10.9195 Total Muli-Family *t; 3 < 4`971 3 4.971 Total Muli-FamilyAffordable 1 4.624 Senior Living ;L;7W2'-AR 9,26.751nj 2 7.322 Church 1 ~ 5 667 <"' 1 5.667 Total %346 ,. 78 1695 425 79.9915 Open Space V V ;n d , KAIf,876, 12.845 Park < ' ' ` ":19.044k." 19.045 Streets ; 45.3 4v, 48.179 ' Gross :. 161'296 161.296 Net � � -,T,85:0M 81.227 1 . i 1 1 1 1 1 West Winds PUD Amendment May 2007 i ' Certified Property Owners 4 a ' E N G I N E E R I N G 1 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST 1 I, p Av L ,/A K A w►c H , hereby certify that, to the b zst of my ' knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at W try S sc. 2 Tz S R SE ' W6S-r Wtaos K"Orica C0MMvN1'fY, is a true and accurate list from the last declared Gallatin County tax ' records. I further understand that an inaccurate list may delay review of the project. 1 Signature (Certificate of Adjoining Property Owners List—Prepared 11/20/03;Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST hereby certify that, to the best of my ' knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at ' , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature ' (Certificate of Adjoining Property Owners List—Prepared 11/20/03;Revised 9/22/06) 200' FRO EST W I I III ^ ^ I I 11 1 I _I I I WINDS PU 34 iL——— 35 — — W •II ' I COUTr I � I I TRADE VAND LANE 1 I II TRADE WPA LADE� II FillART LAnE � � ! 1 .......... I� . TSCFNCFE LANE T11RBlA.ENCE LANE 3 Aurtm OROWE SIREEr F II I � II TSCHACFE LANE • — i WMER PARK STREET I --- 1BI � BREEZE LANE MILESTow �ITaJPFm COURT Nm - - - _- -: = = -—- - -—-— ---------------- -- ______- _ -_- -_ ..- � =- ICI CENTE Sr. 2J I I I I' I I I•� — � rl LEGEND WES T WINDS COMMUNI T Y 200'FROM WEST WNDS PUD NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED PHASE LINE GALLA TIN COUNTY, MONTANA mENG".EING -N- HKM Engineering Inc. LANDOWNERS LIST INCLUDES PUD A MENDMEN T McChesney Professional Bldg. OWNERS WITHIN WEST WINDS a 601 NiHes Dr.,suite 2 SU ADJOINING LANDOWNERS (AMENDED PU DD OPTION IONTION 1 SHOWN)P Bozeman,MT 59715 H (406)586 8834 SD-3 FAX(406)586-1730 0 DATE APRIL 2007 PRO,£CT N0.045067.110 Cop;right 0 2006 HKM Engineering Inc.,All Right.Reserved. * . • State of Montana Department of Highways Northwestern Homebuilders LLC Ronald L Torgerson 2701 Prospect Ave. 11 West Fieldview Circle P.O. Box 537 . Helena, MT 59601-9746 Bozeman, MT 59715-7189 Lewistown, MT 59457-0537 Carl H Vandermolen Brandon P Calder Gordon&Leesa W Gregory '56 Park Plaza Drive 1627 W Main Street#307 2807 Allison Court Bozeman, MT 59715-9343 Bozeman, MT 59715-4011 Bozeman, MT 59718-6053 Fellowship Baptist Church William&Patricia Livi Hookey Erin L Krell 2165 Durston Road 6912 Mogollon Drive 2813 Allison Court Bozeman, MT 59718-2740 Bozeman, Mt 59715-9596 Bozeman,MT 59718-6053 Ridge Investments LLC Andrew &Tami McLaughlin Douglas J &Diane F Aita P.O. Box 11077 3144 Hillcrest Drive 1226 Hunters Way Bozeman, MT 59719-1077 Bozeman, MT 59715-0689 Bozeman, MT 59718-6042 Kenneth & Shelly S Williams Morales Company HVAC Inc. Matthew L&Angela R Jamison 1000 Abigail Ranch Road 343 Lower Rainbow Road 1229 Hunters Way Bozeman, MT 59715-0600 Bozeman, MT 59718-8122 Bozeman,MT 59718-6043 I 'John Dunlap Arlee Green Construction Inc. Michael P Renaud 94 Little Wolf Road 1013 Woodland Drive 2803 Allison Court Bozeman, MT 59715-8740 Bozeman, MT 59718-2765 Bozeman, MT 59718-6053 Norse Valley Limited LLP Jon&Michele Oakland Dragan Danevski &Bojana Susak 115 S Church Ave. 532 Little Wolf Road 2811 Allison Court Bozeman,MT 59715-4719 Bozeman,MT 59715-8743 Bozeman, MT 59718-6053 1 James Walden Vector Group LLC Robert L&Lois Gilbert F 576 Buckrake Ave. P.O. Box 160165 1234 Hunters Way ozeman, Mt 59718-6247 Big Sky, MT 59716-0165 Bozeman, MT 59718-6042 Lenneth Williams Dawn Lindbom Nicole Wood 1000 Abigail Ranch Road P.O. Box 6203 1235 Hunters Way rozeman, MT 59715-0600 Bozeman, MT 59771-6203 Bozeman, MT 59718-6043 t ustin Mund &Kenneth Gibson Double Down LLC Corcoran Building LLC 44 Peace Pip Drive 5200 Bozeman Trail 8246 Huffine Lane �ozemanI MT 59715-0630 Bozeman, MT 59715 Bozeman, MT 59718 rKevin W &Emily A Galyen HI Desert Inn Inc. JXM Design & Construction LLC 3025 John Deere Street PO Box 351 3172 Lily Drive Bozeman, MT 59718-5918 Tonopah, NV 89049 Bozeman, MT 59718-6088 Staggwood Homes LLC David Fuqua Martin&Heidi Balus 1510 Bluebird Lane 2106 Buckrake Avenue 1579 Gale Court . Bozeman, MT 59715-9293 Bozeman, MT 59718 Bozeman, MT 59718 'Gallatin Center Limited Partnership Justin Leuer Castlebar Limited Partnership 1220 W. Lamme St. Ste. 1F 66 West Alexa Court 413 West Idaho St. Ste. 201 Bozeman, MT 59715 Bozeman, MT 59718-6617 Boise, ID 83702 trview Investment LLC L&B Builders LLP Jason Zalac 1725 Desales St. Ste. 900 6760 Sypes Canyon Road 410 %North I Ith Avenue Washington DC 20036-4404 Bozeman, MT 59715-7797 Bozeman,MT 59715 MP Construction William&Betty Anne Sippel Michael &Kathleen Harrison 11 E Main Street Suite D 12711 W Allegro Drive 2731 Allison Court Bozeman,MT 59715-6205 Sun City West,AZ 85375-4228 Bozeman,MT 59718 Harvest Creek Sub Phases 10 & Dave &Adelaide Astrom Oscar N &Janis A Dean Open Space Master General Delivery 3831 Lincoln Road 6590 Davis Lane Bozeman, MT 59718-9999 Santa Barbara, CA 93110 Bozeman, MT 59718-8864 Helvey Homes Inc. Baxter Square Sub PUD Ph 1 &2 Evert&Jamee Wierda Open Space Master . 67 Cayuse Trail 13707 Camp Creek Road zeman MT 59718 General Delivery Manhattan MT 59741-8619 ' Bozeman, MT 59718-9999 ' 'ABV Land Development Inc. Bozeman Congregation of John F &Karen J Shead 1612 W Main Street Jehova 5405 Baxter Lane E y Fozeman, MT 59715-4012 13.67 Thomas Drive Bozeman,MT 59718-8805 Bozeman,MT 59718-8565 Melvin &Deborah Benner Christopher Awe Steven &Deannel Smith 24240 Via Lenardo 2723 Allison Court 2717 Allison Court ,Yorba Linda, CA 92887-4920 Bozeman,MT 59718 Bozeman, MT 59718 xxter Meadows Development Gallatin County William and Dianne Peterson . Box 81487 311 West main 3221 Baxter Lane Billings, MT 59108 Bozeman,MT 59715 Bozeman, MT 59718 ' 0 0 wry and Dorothy M. Brekke James and Elizabeth Drummond Ronald and Janice Lewis 31 Baxter Lane East P.O. Box 3652 2875 Baxter Lane Bozeman, MT 59718 Bozeman, Mt 59772 Bozeman, MT 59718 Chn and Karen Sheady Robert J. and Janet M. Swenson City of Bozeman Baxter Lane 4959 Durston Road P.O. Box 1230 man,MT 59718 Bozeman, Mt 59718 Bozeman, MT 59771 D &D Palmer, LLC. Michael and Sarah J. Stiff Kevin T and Erica H. Okragly IWest Fieldview Circle 3077 John Deere Street 3109 John Deere Street zeman, MT 59715 Bozeman, MT 59718 Bozeman,MT 59718 lather Glenn James W. and Carol S. Ellis Carlos Mansilla and Rocio Bellido 3123 John Deere Street 3135 John Deere Street 3161 John Deere Street Izeman,MT 59718 Bozeman,MT 59718 Bozeman, MT 59718 1ntral Resource Group, LLC Jerry Allen Anderson Revocable Jon Braxton 10417 Ih Ave. South Living Trust 3225 John Deere Street eat Falls MT 59405 17821 Misty Lane Bozeman MT 59718 ' Huntington Beach, CA 92649 ' Oinifer Lowell Jennifer Nicole Simpson Katherine Derzay W. Box 960 3210 John Deere Street 3172 John Deere Street Manhattan,MT 59741 Bozeman,MT 59718 Bozeman,MT 59718 Jesse, Steve and Kymm Stark Xianming Shi Laurie Sullivan-Chapman and I40 Pryor Creek Road 3142 John Deere Street Bobbie J. Sheetwood ntley, MT 59037 Bozeman,MT 59718 3116 John Deere Street Bozeman,MT 59718 ;roy and Krista M. Purcell Michael and Britta Schwarz Chad E. Ripplinger 04 John Deere Street 206 Mountain View Drive 1293 New Holland zeman, MT 59718 College Place,WA 99324 Bozeman,MT 59718 Ictoria E. Garcia &James R. Sally Patricia A. Turner Norse Valley Limited, LLP 1275 New Holland Drive 1251 New Holland Drive 115 South Church l�zeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59715 Brian Gabriel and es Walden SMC, LLC 3�3 Mineral Avenue Sarah Jeanne Jones-Popiel 1970 Stadium Drive, Suite C B zeman , MT 59715 1411 South Rouse Bozeman, MT 59715 Bozeman, MT 59715 I 0 ichael & Stephanie Bishop J. Stanley Horton Westworks Building Company, Inc 37 Hilllcrest Drive lozeman, MT 597155398 Henrys Lake Road P.O. Box 10053 MT 59715 Island Park, ID 83429 Bozeman, MT 59719 1 Trevor S. Smith Helvey Homes, Inc. Cascade Development 4 Holly Drive 9267 Cayuse Trail 2504 West Main, Suite P t0izeman, MT 59715 Bozeman, MT 59715 Bozeman, MT 59718 1 Benjamin&April Ganser Richard&Nancy Ojala Roger Craft 37 Allison Court 2741 Allison Court 1100 Mountain Ash zeman,MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Lid Barnard Matthew Bischof BTR LLC PO Box 614 1506 Gale Court 300 N. Wilson Ave. Ste 605F rs, MT 59729 Bozeman,MT 59718 Bozeman, MT 59715 1atthew Morley Heartwood Homes RS Bearrow Construction 64 Gale Court PO Box 5337 11 Pathfinder Trail zeman, MT 59718 Bozeman, MT 59717 Bozeman, MT 59718 rBoxy Chase Jodanna&Tanner Sessions Northwest Homebuilders.LLC 325 1183 S. 800 W. 11 W. Fairview Circle Bozeman,MT 59771 Woods Cross,UT 84087 Bozeman, MT 59715 i Ian & Shelby Frye Scott&Wendy Zeadow Arlee Green Construction 142 Buckrake Ave. 51 Kelly Court 1626 Buckrake Ave. zeman, MT 59718 Bozeman,MT 59718 Bozeman, MT 59718 PaulClaire & C Menshaus Andy &Karen Hung Mike &Kara Albrecht t1 5 Liahona Lane 1603 Gale Court 1026 New Holland Drive lispel, MT 59901 Bozeman, MT 59718 Bozeman, MT 59718 Lcis &Nancy Laughlin Arno Green Laura Dunlap 1612 Buckrake Ave. 1626 Buckrake Ave. 1634 Buckrake Ave. ?zeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 s Fortin Colby Heiser Dianna Koch 88 Glenwood Drive 1587 Tempest Court 4515 Cascade Street Bozeman, MT 59718 Bozeman, MT 59718 Bozeman MT 59718 1 1 � � �nald &Renee Russell 10 Viburnum Lane Asheville, NC 28803-3243 1 i 1 1 i 1 r 1 1 1 r r � r r r r r j CITY OACZEMAN 01 . 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.bozemari.net August 3, 2007 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Phase 4-8 Preliminary Plan Modification (Z-07141) West Winds PUD Phase 4-8 Subdivision Preliminary Plat (P-07028) Dear John: The above-referenced PUD preliminary plan modification and Subdivision Preliminary Plat applications have been reviewed by the Development Review Committee (DRC). The DRC has found that the applications and required elements contain detailed; supporting information that is adequate and sufficient to allow for the continued review of the proposed PUD Preliminary Plan Modification and Subdivision Preliminary Plat. Please note, a determination that an application contains sufficient information for review 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. The Development Review Committee (DRC) will discuss the application on Wednesday, August 15, 2007, at 10 am. The Design Review Board (DRB) will reconsider the PUD Preliminary Plan application on Wednesday, August 22, 2007 at 5:30 pm. All DRC and DRB meetings are held in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman; Montana. The Bozeman Planning Board will discuss the Preliminary Plat application at a public hearing on Wednesday, September 5, 2007 at 7:00 p.m. in the 3rd Floor Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. The City Commission will conduct a public hearing on the application on Monday, October 1, 2007 at 6:00 p.m., 3rd Floor Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Both meetings are held at the third floor Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. You are encouraged to attend the Planning Board meeting and required to attend City Commission meetings to answer any questions that may arise. In accordance with the Commission Rules of Procedure, if you do not attend the City Commission meeting, unless you have waived your appearance in writing and the waiver has been accepted by the Commission, or unless the project is submitted as a consent item, the project shall be continued to the next regular meeting, public hearing date, or other date certain. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, planning • zoning su iv sio view-. &t. • historic preservation • housing • grant administration • neighborhood coordination Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715 Page 2 fl a6.6-1eWA19Mir°ta 1r V would not be comfortable sorting the proposal if it had been a new ,evelopment. Ms. Zavora asked what would happen to the mature Spruce trees. Planner Knight responded they would have to be removed, but landscaping requirements had been addressed with the PUD. MOTION: Mr. Rea moved, Mr. Howe seconded to forward a recommendation of approval to the Planning Director for The Ridge Addition SP/COA #Z-07143 as presented with the addition of a strong recommendation to relocate the existing trees within the PUD. The motion carried 6- 0. ITEM 4. PROJECT REVIEW 1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker) Northeast of the intersection of Oak Street and Davis Lane * A request for modifications to an approved Planned Unit Development to eliminate the Winter Park Street intersection with Davis Lane, to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Contract Planner Lanette Windemaker presented the Staff Report noting what the applicant was requesting. She stated that the lack of connectivity by eliminating the intersection was unacceptable, and that they will have to connect to a full access intersection at Vaquero Street and Davis Lane. She stated that staff has recommended that the options with the church lot be denied due to the layout changes being so significant. She stated the request for a relaxation to the height (42 feet) would not exceed the maximum height in the zoning designation, but was a request for a flatter pitched roof. She stated Staff condition #3 addressed the height and would need to be removed if the DRB was not in support. Vice Chairperson Pentecost asked Planner Windemaker to look at figure 2.1 and the townhouse lots on Buckrake Avenue, .asking if those townhouse lots would be removed. Planner Windemaker directed the DRB to the locations of the townhouse lots the applicant had requested for removal. Vice Chairperson Pentecost responded he had been told those lots had been sold. Planner Windemaker responded that the lots in Phases 4-8 had not been created and had not, therefore, been sold. Mr. Rea asked if any of the lots across from the church parcel had been sold. Planner Windemaker responded they had not, as the ones depicted on Phases 4-8 of the plan did not yet exist. Mr. Rea asked if, with the decreased density, the applicant had asked for relief from the density bonus approval for the project. Planner Windemaker responded they had not applied for relief, and that CAHAB was not happy about the decreased density of the proposal and the loss of the mix of housing types. Ms. Zavora asked if the proposal could just be conditioned to fix the connectivity, provide the intersection with Vaquero Street, and realign the roads without denying any of the proposed options. Planner Windemaker responded that it appeared to Staff that the road redesign starting with the church options would be too significant of a change. Chairperson Livingston asked if Winter Park Road entering onto Davis Lane was an important Desien Review Board Minutes—July 11.2007 2 RELII1 INARY ro the of aspect proposal. Plager Windemaker responded that the inte uion at Vaquero Street P P P P q and Davis Lane was a very important aspect. Chairperson Livingston stated that it would not have to be Winter Park Road. Planner Windemaker responded that Vaquero.Street was an existing right of way and it is where the full access intersection must be; however it is not a given that the design must be an extension of Winter Park Road but might even be a T- connection to Spring View Court, and added that the proposed fire station would need that intersection. Chairperson Livingston stated the whole street layout was flawed and it was hard to imagine what would happen when Vaquero Street was extended into the subdivision due to the lots being stacked. Planner Windemaker stated that the intent of Staff condition .#2 was to place the green space either north or south of the Vaquero Street intersection. Mr. Rea asked if it would be better to approve the proposal with Staff conditions or deny it as there were so many significant changes. He stated he preached for clean grids and good planning and did not see it in the current proposal. Mr. Banziger asked if the proposal could-be continued to the next meeting. Chairperson Livingston responded the applicant would have had to be in attendance at the meeting. Mr. Howe suggested the proposal would seem to require a continuation or other such device before a recommendation of approval of the proposal. Chairperson Livingston stated that a recommendation of approval or denial were the DRB's only two choices due to the applicant not being in attendance. Vice Chairperson Pentecost stated that he felt only one issue fell into the jurisdiction of the DRB (the height) and the DRC would address the other Staff concerns; adding that he did not see the requested relaxation for the height as a problem. Mr. Rea stated that street layout was an aesthetic aspect and would then fall within the jurisdiction of the DRB review criteria. Mr. Banziger concurred as the DRB had considered street layout in other proposals. Ms. Zavora agreed. Chairperson Livingston stated that the original subdivision conditions called out specifically DRB and City Commission review of the mix of housing types within the proposal. He added that he had a problem with the removal of the townhouse lots as the mandate from the original conditions was to provide for a better mix of housing types; adding that it would be important to keep those townhouse lots as their loss would leave it a monoculture of structures out there and lend nothing to diversity. He stated he thought option 1B allowed for an increase in detached single family and would eliminate most of the senior assisted living portion of the proposal. He stated he found all the options of the proposal to be unacceptable. Ms. Zavora added that she disagreed that there would be no market for townhouse lots. MOTION: Mr. Banziger moved, Mr. Howe seconded, to forward a recommendation of denial to the City Commission for West Winds Phases 4-8 Mods to PUD #Z-07141. The motion carried 5-1 with Vice Chairperson Pentecost being in opposition. Design Review Board Minutes-July 11.2007 3 CIT&F BOZEMAN DEPARTMENT OF PLANNING AND CO MUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 " P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have otherwise been identified as an interested or affected party. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718,pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of—85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW 1/, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Wednesday,September 5,2007 Monday,October 1,2007 7:00 p.m. 6:00 p.m. Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman,Montana Bozeman,Montana planning zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City of Bozeman Department of Planning and Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds PUD Phases 4-8 Preliminary Plan/Plat#Z-07141/#P-07028 Y antl R-1 B-P ' B xterL-n R-4 b1 R_3 N � Z Ea o: Oak-St --bunt. rrr�Trr�xr , N L/ ' Page 2 r COOF BOZEMAN i DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 "r P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 vvww.bozeman.net NOTICE OF PUBLIC HEARINGS TO MODIFY THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN WITH RELAXATIONS AND FOR A SUBDIVISION PRELIMINARY PLAT Applications have been submitted that would modify the•conditional use permit for a planned unit development with relaxations and allow a major subdivision on property located northeast of the intersection of Oak Street and Davis Lane. The purpose of the public hearing before Planning Board is to consider the subdivision Preliminary Plat application only, and the public hearing before City Commission is to consider the modification to the Conditional Use Permit for PUD Preliminary Plan application with relaxations and further to consider the subdivision Preliminary Plat application for the proposed West Winds Planned Unit Development, requested by the owner, Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715 and representative, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718, pursuant to Chapters 18.06, 18.34, 18.36 and 18.66 of the Bozeman Municipal Code. Said application would modify the approved PUD to eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code from the following 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. Said applications would allow development of— 85 acres as single-, multi-household uses with an optional church. The property is legally described as a portion of the NW `/4 Section 2 T2S R5E, PMM City of p p Y g Y p Y Bozeman, Gallatin County, Montana. The zoning designation for said property is R-3 (Residential Medium Density District). PUBLIC HEARING PUBLIC HEARING On Preliminary Plat Only BOZEMAN PLANNING BOZEMAN CITY BOARD COMMISSION Wednesday, September 5,2007 Monday, October 1,2007 7:00 p.m. 6:00 p.m. Community Room Community Room Gallatin County Courthouse Gallatin County Courthouse 311 West Main Street 311 West Main Street Bozeman, Montana Bozeman, Montana The City invites the public to comment in -- _ _ County �. writing and to attend the public hearings. ntln - 7R-1 B-P Written comments may be directed to the City Baxtert-n of Bozeman Department of Planning and =1 G�u1111117" Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related N RA data regarding this application may be reviewed SJ 'Qe > in the City of Bozeman Department of Planning � �. •, ,�� �, and Community Development, Alfred M. Stiff -N Professional Building, 20 East Olive Street, o ��� �Z 582-2260. For those who require accommodations for disabilities, please contact o Ron Brey, City of Bozeman ADA Coordinator, a- 582-2306 (voice), 582-2301 (TDD). West -O Winds PUD Phases 4-8 Preliminary Plan/Plat .66nty 1 I l N # -07141/#P-07028 ' -1Z n - planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighbonccod coordination HKM Engineering 920 Technology Blvd. Suite A Bozeman, MT. 59718 0586-8834 Memo D ------------ To:Lanette Windemaker AUG 15 1007 From: Paul Yakawich I DEPARTMENT Date:August 15,2007 UNITY DEVELOPMENT AND COMM Re: West Winds Subdivision 4-8 PUD Lanette, I have replaced the figure within the PUD amendment as per our conversation this morning. I will be updating material in the Preliminary Plat application later this week. Please feel fi-ee to contact our office if you have any questions or comments. Thanks, Paul Yakawich,EI 0 Page 1 West Winds Subdivisi . July 2007 Description of Options To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. The original May 2007 PUD Amendment submittal has been scientifically reduced to two options. The revisions were due to suggestions made by the City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. � C IE W 1E D AUG 15. 2007 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ENGINEERING r.._.._.._.._.._..T.._.._..— — — — — — — — ._.._.._.._.._.._..� i elloo Row couar I5MDE WPID LANE -; . , —7 L- j TRADE w RRY LANE I , TBCHACHE LANE • I -"I� TURBULENCE LANE ! 3 I I AFFORDABLE AUTUMN VE L QQQTTT I�> TScHAcF(E LANE CHURCH PARCEL >N\ ii; wEsrv,wD w �� --- I � • '9 8 sJ WPRf6T PARK STREET1 \ 1 r� 1 1 1 I BREEZE LANE � I 1 � .BREEZE LANE +, It aes f00 B aLEsr 1 r i a / TEMPEST COUfiT is I I .._.._.._.._.._.._.._.._..i.._.. _.._.._.._.._.._.._..J N �:• � wr.n—i vu'w i�•r iP.YMCB. mnn.� �i .o�O S'!pp 6!!pp "!!pp°�!!pp••Ra!p •Rifp !a! !;fpp la! IaF!i Y�E!i--"j 1s�gi ii;pll11,119 1" 01i 1j�E9 z LEGEND WEST / DS 6MMIlN/ Y PROPOSED TRAIL SYSTEM NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINEGALLATIN COUNTY MONTANA a ENGINEERING 0 PROPOSEDTLAN PARKS � EwsnNc wEnANDs HKM Englneering Inc. 0 SINGLE FAMILY HOUSING SENIOR ASSISTED LIVING PROPOSED PUD 920 TECHNOLOGY BLVD. O o T° "°"� AMENDMENT - OPT/ON 1 SUITE A O CONDOMINIUMS Bozeman,NIT 59718 FAX(40641730 200 0 200 SD-3 0 iiia ec.le feet DATE DULY 2007 PROJECT NO.04.S067.IIO CopKlghl 0 2006 HKM Engln de g Ina,Ali Right.Reeery A I I _ III I FIEDGEROW COURT 1 i TRADE wwD LANE •^ F / 1 ---- TRADE N1ND LANE --- i T" i 1 FLURRY LANE � 85 Ep aC it N� j - TSgiACF¢ rA TURBULENCE LANE LANE - I 1� Q � — 3 1 1'x 11 \ \I AFFORDABLE - ALMIMN VE&REETIt \ TSCCHE ' 1f ' CHURCH PARCEL ! -�� .LANE s- ar wESTwuro w �7 i/� • 118 1 � 1` wW RK TER PA STREET ♦ 1 _ 1 1 BREEZE LANE i �i a BBLESTONE PL - s 3 � pae SOUALL LANE f TEMPEST COURT j - itl ..i. ._.._.._.._.._.._.._.._.._..J -o •._.._.._.._.._.._.._.._• e_ •_.._.._.._..�• ��� tl�s.:, ,pig :igg `°ip�p �:ippUe�aipy'�aip 9�ig p;6pp °aip ts�Ip �,;91 Fi�3i p��pp`q;�$oq;g$ is�$p i�E9p 8j:�9 LEGEND K 111NDS COMMUNI T Y PROPOSED TRAIL SYSTEM NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. u PROPOSED LOT LINE GALLA T/N COUNTY, MONTANA u 0 PROPOSED PARKS ENGINEERING ® EXISTING WETLANDS —N— NME mP HKM En4 ineedng Inc. S��NH SENIOR FAMILY HOUSING PROPOSED PUD 920TECHNOLOGY BLVD. SENIOR DUES SSTED WANc o °11 AMENDMENT — OPT/ON 2 SUITE A 0 CONDOMINIUMS Bozeman,MT 59718 FAX(40641130 200 0 200 SD-3 iiiiiiia eeole feet DATE JJLY 2007 PROJECT NO.045067.110 an Copyright 0 2006 HIOF Engineering Ina,All Rights Reserved West Wind Planned Unit Development Project Park Calculation-Revised 8/14/2007 Total Net Park Land Provided in Approved PUD=19.07ac Total Net Park Land Provided in Amended PUD=19.563ac A roved PUD Land Use Net Land Area Estimated Net. Estimated Park Area Ao. _ Densi DU/Ac Dwelling Units I Required A6. Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 Total 85.51 9.80 837 19.09 Amended PUD(Option 2-Senior LivinM Senior Residential Multi-Family 20.26 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 Residential Single Family 32.52 6.46 210 6.30 Townhouse 9.30 1$.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 83.84 79.47 811 18.59 Amended PUD(Option 2-Single-Family) Senior Residential Multi-Family 3.51 5.13 18 0.54 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 46.49 6.00 279 8.37 Townhouse 10.92 12.82 140 4.20 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 80.00 77.88 674 15.68 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. West Winds Plan Unit Development PUD Amendment July 2007 The following is a narrative of items within the Planned Unit Development Checklist for the West Winds PUD Amendment. B.1-a-Application form enclosed B.1-b- The owner/applicant of the remaining Phases within West Winds PUD is John Dunlap, Owner Cascade Development, LLC 1627 West Main Street Suite 223 Bozeman, MT 59715 B.1-c-The proposed PUD Amendment will be zoned R-3 as in the approved PUD. The amended PUD will decrease the overall density of West Winds, as the remaining phases will consist of single-family housing, senior living, and/or a church parcel. The approved PUD is in compliance with the City's Growth Policy. B.1-d-The proposed open space within West Winds Subdivision will be owned and maintained by the Homeowner's association. B.1-e- If the owner of the remaining phases changes,the lot layout and intended use will remain the same, as preliminary plats which are being file concurrently with this PUD Amendment. B.1-f-The remaining phases of West Winds Subdivision is residential housing, and will not directly create employment. B.1-g-The rationale behind the PUD amendment is listed below: Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. All townhouses lots have been replaced with single-family lots in Phases VI, VII, and V1II. Townhouse lots will remain in the residential option for Phases IV and V. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision. Building Height -- Chapters 18.16 of the Bozeman unified Development Ordinance. Requested relaxation: allow 42 feet for a roof pitch of 5:12 within the senior living areas. With the requested relaxation, a proposed building height would be approximately 4' taller than currently allowed by R-3 zoning of 38 feet. We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds senior areas. A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. • • In conclusion, we are asking for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. Church Parcel Option-- A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.667 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. B.1-h-The are no additional deviations requested with the PUD Amendment other the deviations granted in the approved PUD B.1-i-Conflicts with the change of land use is expected to be minimal since the change is decreasing the density of the development. The amendment to the PUD will require a public hearing with the City Commission where objections to the land use will be addressed. B.1-j- 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 perimeter arterial and collector streets will have bike lanes for both east/west and north/south bicycling traffic. B.1-k-Phases I& II of West Winds have been constructed,Phase III is under construction and the remaining phases are expected to proceed on an annually or bi-annually basis depending upon the housing market. B.1-1-The original approved PUD Master Plan is enclosed with the proposed PUD Amendment plans. B.2-a-Refer to approved West Winds PUD B.2-b-Refer to approved West Winds PUD B.2-c-Refer to approved West Winds PUD B.3-a- Refer to approved West Winds PUD B.3-b-Refer to approved West Winds PUD B.4-a-Refer to approved West Winds PUD BA-b-Refer to approved West Winds PUD B.4-c-Refer to approved West Winds PUD BA-d-Refer to approved West Winds PUD B.S-a-Refer to approved West Winds PUD B.S-b-Refer to approved West Winds PUD B.6-This PUD Amendment has been submitted concurrently with Preliminary Plats for Phases VI,V,VI, VII, & VIII. � L B.7-The traffic impact analysis was completed with the origional approved PUD. An updated traffic study has been completed and has been submitted to the planning department with this application. B.8-Refer to approved West Winds PUD B.9-Refer to approved West Winds PUD I West Winds Subdivision • Y Jul 2007 Description of Options To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. The original May 2007 PUD Amendment submittal has been scientifically reduced to two options. The revisions were due to suggestions made by the City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane,Baxter Meadows Phase 4. tion 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. H E N G I N E E R I N G �VJ I I I-T -,- ...... .... :ill". I I I ............ J-I HEDGEROW COURT j ITRADE WND LAME - � � 1 1 ` 7RADE WPID LANE FLURRY LAME < , 1 J1 g 1 / - g1 3 -I - %� 1-- B`/J 1 TSCHACHE v 1 1�� TURBULENCE LANE - I1 ` I I \\ \ AFFORDABLE \ 1 AUTUMN VE ` TSCHAcHE LANE 4i CHURCH PARCEL 1 _ - gv WESTWIND W g / 18 WPNTER PARK STREET I � BREEZE LANE _a..�•_s•a �_w__ I -BREEZE LANE' '+,1 , {1 c II s BSLESfONE PL - 3 , _ 3 - �!tl TEMPEST COURT i I .._.._.._.._.._.._.._.._..i.._.._.._. ._.._.._.._.._.._.._.._.._..J �� (B1 a6 �aei ��@••+3�1�3�6 B.g6 yg6 '-a6 i s LEGEND WEST WINDS COMMUNI T Y y ——— PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2• T.2,S.• R.5.E.• P.M.M. PROPOSED LOT LINE GALLA T/N COUNTY, MONTANA m ENGINEERING O PROPOSED PARKS —N— HKM Engineering Inc. SINGLEWILYHOUSINGU PROPOSED PUD 920 TECHNOLOGY BLVD. SENIOR© ASSISTED Y1Nc SUITE A 0 TOWNHOMES/CdJD0MINIUMS AMENDMENT — OPT/ON 1 Bozeman,MT 59718 N (406)5868834 SD-3 6 FAX(406(586-1730 2ao 0 200 scale feet DATE JULY 2007 PROJECT N0.045087.110 o Copyright 0 2006 HKM Engineering Ina.,All Rights Reserved West Wind Planned Unit Development Project Park Calculation-Revised 7/20/2007 Total Net Park Land Provided in Approved PUD= 19.07ac Total Net Park Land Provided in Amended PUD= 19.045 Approved PUD Land Use Net Land AreaTlDestsitV Eimated Net Estimated Park Area (Ac.) DU/Ac Dwelling Units Re wired Ac. Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 Total 85.51 9.80 837 19.09 Amended PUD(Option 2-Senior Living) Senior Residential Multi-Family 20.26 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 Residential Single Family 32.52 6.46 210 6.30 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 83.84 79.47 811 18.59 Amended PUD(Option 2-Single-Family) Senior Residential Multi-Family 3.51 5.13 18 0.54 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 46.49 6.00 279 8.37 Townhouse 10.92 12.82 140 4.20 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 80.00 77.88 674 15.68 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. • MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: August 15, 2007—Final Week Review Re: West Winds PUD Phases 4=8 Modifications (#Z-07141) West Winds PUD Phases 4-8 MaSub Preliminary Plat(#P-07028) Relaxation: • 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. PUD 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. 2. In keeping with the intent of the original PUD condition of approval #l, 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 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. 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 crossiniz 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. 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 1 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 422 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. 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. 7. 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. 8. 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. 9. 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. 10. The developer shall landscape the PUD open space in accordance with the approved I landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 11. 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. 12. 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. 13. 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. 2 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. 14. 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. 15. 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. 16. 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. PUD 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 of 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 each of the conditions of preliminary plan approval has been satisfactorily addressed with sufficient detail to the appropriate plan, page, note, covenant, etc. Plat Conditions 1. With a proposed block length of— 1,080 feet fiom 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. 3 L 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. 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 X)= 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 and shall be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. 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 4 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, park dedication requirements shall be met for any additional density in accordance with the BMC. 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. 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 27t' 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. 5 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. 19. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. CAHAB condition(s)????? 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-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 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, 6 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 Unified Development Ordinance. 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 Unified Development Ordinance. 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 Unified Development Ordinance 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 major subdivisions and three years for multi-phased major 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 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. 7 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. Before the Design Review Board on Wednesday, August 22, 2007. Before the Planning Board on September 5, 2007. Before the Bozeman City Commission on Monday, October 1, 2007 8 a July 27,2007 920 Technology Boulevard Suite A HAIDAS067125\Pre-plat ph 4,5.6\0707271a_lw-revisions_7-27.doc Bozeman,Mf 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Lanette Windemaker City of Bozeman Planner DLE PO Box 1230 .......... Bozeman,MT 59771 JUL 7 207 RE: West Winds Phases 4-8 AND COMMUNIryF. N►NG TY ti�C01'MFNT Dear Ms Windemaker, --- The following is a response to your comments e-mailed on July 27, 2007 regarding the West Winds PUD Amendments and Preliminary Plat Application. 1) Page 5 of 6, L.I -Breeze Lane ought to be a public street not a private drive. For the senior housing option, it's ok for the intersection of Breeze with Davis to fall anywhere within the range shown since it meets the minimum spacing for partial access on an arterial as specified in the UDO. The preliminary plat for Phase 4 Option 1 looks fine. Just have the narrative reflect what's shown on that plat. For the senior option, it is proposed that Breeze Lane be a privately maintained street with public access and utility easements. This is intended to allow the planners and architects of the senior area campus some latitude in designing the facility while maintaining connectivity wit in the West Winds Subdivision. As stated on the preliminary plat,final alignment is subject to engineering approval. Partial access, right-in right-out, will still be maintained at the intersection with Davis Lane. Page S of 6 has been changed in the Preliminary Plat application. 2) Page 5 of 6, L.6 &7 -The Traffic Report in PUD Appendix L has likely been superceded or at least updated by the recent report. I think it ought to be noted here. The updated traffic report, April 2007, was submitted with the PUD Amendment. The executive summary of the updated trafflc report is in the Preliminary Plat Application, SD-10. Page S of 6 in the Preliminary Plat application has been changed. 3) "The preliminary plats for Phases 5A&5B, Options 1 &2 don't appear to match the overall subdivision drawing; i.e. the PUD and Phasing. Specifically, the park area lots on the east and west of Hunters Way are offset on the preliminary plats while on the overall subdivision drawing shows them in alignment. The Parkland adjacent to Hunters Way is offset as shown in the preliminary plats. The trail crossing Hunters Way will align and-- if found necessary--the lots around the east parkland can be adjusted prior to final platting so the parkland is more closely aligned. BILLINGS.MOWANA BUTTE.MOWANA GREAT FALLS.MOWANA HELENA,MONTANA MILES CITt IVMMA SFERIDAN.WYOMING LANDER,WYOMING r 4) Windward Ave at Baxter Lane only meets the criteria for partial access on an arterial as specified in the UDO. The intersection of Windward Avenue and Baxter Lane will be partial access whereas, the Hunters Way and Baxter Lane intersection will be full access as recommended in the updated Traffic Impact Study. 5) I'm puzzled that the distance between Winter Park and Tschache is 650.25' [60.02' (Ph 5 Park Area)+ 330.75'(Church Lot)+259.48' (Ph 6 Open Space)] as shown on the preliminary plats for Phase 5 and 6 whereas the distance shown on the overall map; i.e. PUD and Phasing shows something like 660'. I'm unable to read that dimension clearly because it's covered by the phase line. Also,the plats show Winter Park centered on Vaquero but the overall map appears to show both north r/w lines aligned. The information I have from the Baxter Meadows Ph 4 Plat suggests to me that the distance between Tschache and Winter Park is at least 660'. The centerlines of Winter Park Street and Vaquero Lane are properly aligned as shown in the preliminary plats. The distance from the Winter Park Street right- of-way to the Tschache Lane right-of-way is 680.22'. It appears that the distances along Davis Lane in the Phase 5 preliminary plats were not updated. The correct distances are 60.02'Parkland, 360.72'church parcel, and 259.48' open space for a total of 680.22'. 6) The first paragraph on the updated Description of Options doesn't make sense; particularly,the second sentence. The reference to preliminary plat seems out of context with the rest of the document. (THIS PART ACTUALLY SEEMS TO BE IN CONTEXT TO ME IN THE PRELIMINARY PLAT SUBMISSION,BUT THE FOLLOWING COMMENT IS STILL VALID). The Description of Options page has been replaced in both the PUD Amendment and the Preliminary Plat Application. 7) Also,in the 4th sentence the word'may' ought to be replaced with'made'. See #6 response. 8) Why is Breeze shown as orange,instead of white, on Option 1? See comment W. The final location of Breeze Lane has not been determined and as stated on the final plats its location will be determined by engineering. For the meantime, this figure has been replaced with Breeze Lane shaded white. 9) The phasing maps probably should be updated with the new layout. The phasing maps have been updated. 10)The number of lots needs to be verified. I do not see any multi family lots listed. The total lot counts are listed below: West Winds Phases 4-8 Lot Counts option 1 O tion 2 Single-Family 136 203 Townhouse 0 16 Senor Multi-Family 6 0 Church 1 1 otal 1 143 1 220 11)Is the net parkland acreage for the amended PUD correct?If so,why is it lower than the previous amended PUD acreage? The parkland has changed, along with the plats for phases 4-8 per City comments. Essentially, with the latest revisions of the plats, more accurate areas have been calculated. The net change in parkland from the original submittal was 0.105 acres. Per the PUD approval and request for Cash-In-Lieu of park, final parkland area will be based on final dwelling unit count and, if needed, reconciled by Cash-In Lieu of Park. If you have any additional comments or need additional information,please feel free to contact our office. Sincerely, HKM Engineering Inc. fv� Clint Litle,PE Senior Project Manager CC: John Dunlap Susan Stodola PG I N E E R I N G July ,26 2007 920 Technology Boulevard Suite A HAMS067125XPre-plat ph 4' �a 7 7�61a- revised.doc Bozeman,MT 59718 t Phone: 406.586.8834 I� Fax: 406.586.1730 Lanette Windemake JUL 3 7 2007 www.hkminc.com City of Bozeman PI , PO Box 1230 DEPARTMENT OF PLANNING AND COMMUNITY D-VELOPMENT Bozeman,MT 59771 RE: PUD&Plat Application Amendments Dear Ms Windemaker, Below is in response to your July 26, 2007 e-mail. The changes below have been made in both the PUD Amendment and the Preliminary Plat Application. 1) The narrative that was provided with the PUD Checklist hasn't been updated. Item B.1-g includes a paragraph titled Road Extension regarding no connection to Davis Lane by Winter Park St. The narrative portion of the PUD Checklist has been updated, including the elimination of the Road Extension section and the addition of the building height amendment in the Senior Living Areas. 2) The first paragraph on the updated Description of Options doesn't make sense; particularly,the second sentence. The reference to preliminary plat seems out of context with the rest of the document. The Description of Options section has been revised to represent the PUD Amendment and the typo below was fixed. 3) Also, in the 4th sentence the word'may'ought to be replaced with 'made'. See above. 4) Is the net parkland acreage for the amended PUD correct?If so,why is it lower than the previous amended PUD acreage? The parkland has changed as have the plat for phases 4-8. Parkland was decrease to provide wider, more desirable lots adjacent to the central parkland. 5) Why does the Option 2 Senior Residential,Multi Family not require a parkland dedication? An error was discovered in the spreadsheet,the parkland spreadsheet has been replaced. Option 2 only has multi-family senior living within the previous constructed Phase 3 Subdivision. 6) Why is Breeze shown as orange, instead of white, on Option 1? The final location of Breeze Lane has not been determined and as stated on the plats its final location will be determined by engineering. For the meantime, this figure has been replaced with Breeze Lane shaded white. BILLINGS,MONTANA BUTTE.MONTANA GREAT FALLS.MONTANA HEUM MONTANA MILES CITY.MONTANA SHERIDAN.WYOMING LANDER.wYOM NG -- -- --- -- ----- •--------- ------- - ---.--- I I 1 f If you need any additional information or have question please feel free to contact our office at 586-8834 Sincerely, HKM Engineering Inc. Paul akawich,EI CC: John Dunlap 11 � • PIN G I N E E RIN"G . July 24, 2007 920 Technology Boulevard HAMS067125\Pre-plat ph 4,5,6\PUD amendment\070607la_W-PUD admendment.doc Suite A Bozeman,MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 wvvw.hkminc.com Ms. Lanette Windemaker City of Bozeman Planner PO Box 1230 _ Bozeman, MT 59715 i RE: West Winds Planed Community JUL 2 4 2007 Request for Amended PUD Conditions -Revised DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear Ms. Windemaker, The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development. The amendment request is due to a change in land use within the'PUD. The original PUD granted the option between senior living facilities and residential housing, see enclosed approved PUD figures,the below PUD amendments are in addition to the approved PUD. • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. All townhouses.lots have been replaced with single-family lots in Phases VI, VII, and VIII. Townhouse lots will remain in the residential option for Phases IV and V. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision. • Building Height-- Chapters 18.16 of the Bozeman unified Development Ordinance. Zone R-3 Residential Medium Density District allows for building heights as follows: ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. ➢ 40 feet for roof pitch of 6:12 or greater but; less tan 9:12. ➢ Finally a maximum height of 42 feet is allow for roof pitches 9:12 or greater. Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches 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 `w Lanette Windemaker Page 2 of 3 associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. The current height zoning allows for 38'-0" maximum height for a 5:12 roof pitch. With the requested relaxation, a proposed building height would be approximately 4'taller than currently allowed by zoning. We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion, we are asking for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.17 acres centrally located with West Winds Planned Community. If the.church parcel is not constructed it will revert to single-family housing. Enclosed are two different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below descriptions and enclosed figures are an outline as the final lot layouts could result in a combination of attached figures. tion 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. The following items have been enclosed for your review • Application&PUD checklist with written narrative. • Approved PUD plan • Proposed amended PUD plans (Option 1 &2) i i Lanette Windemaker Page 3 of 3 •. Proposed and approved density calculations • Proposed and approved park calculations • Certified property owners list and map within 200 feet of West Winds PUD and owners within Phases I & II. • One CD of PUD amendment application. HKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. If you have any questions or comments please feel free to contact our office. Sincerely, HKM Engineering Inc. Clint Litle, PE Senior Project Manager cc: Cascade Development West Winds Subdivision July 2007 Description of Options To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. This Preliminary Plat Application has been designed per the concurrent PUD Amendment. The number of preliminary plat options has been scientifically reduced from the original May 2007 submittal through revision. The revision were due to suggestion may by the City of Bozeman's DRC, DRB, Planning and Engineering offices. Below is a description of the two options for the remaining phases of West Winds Subdivision provided the PUD amendments are acceptable, also see figures attached. The PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 Option 1 incorporates both senior living facilities and single-family housing in the remaining phases 4 through 8. There are no townhouse lots and internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. Option 2 Option 2 incorporates both single-family housing and townhouse lots in the remaining Phases 4 through 8. Phases 6, 7, and 8 are the identical as Option 1. Phases 4 and 5 have both single-family lots and townhouse lots within Option 2. Internal streets, Tschache Lane and Winter Park Street are aligned with C-Street and Vaquero in the adjacent subdivision west of Davis Lane, Baxter Meadows Phase 4. pEC JUL 2 4 2007 DEPARTMAND COMMUNITY D PLANNING EVELOPMENT H G^�� I I ;'ifs ,'�•�• I .. ._.._.._.._........ j - A HEDaEAAow CauRr i TRADE wgm •VA .o . , TRADE WIID ENE i 1 FLURRY IN, TURBULEidCE IANE rscHAaHE LANE 1 - ` A AFFORDABLE AUTUAQJ JFVE ` a \ \ ' 1 TSCHACHE LANE A9) CHURCH PARCEL - Igl WESTWGm w WINTER PARK 1 1 �! BREEZE LANE00 �� -- n w W BREEZE LANE�� LL�a �121 t 1 )e9 N a I 5 O � �, � ', � I I SBLESfONE PL I ✓ a atl N C , TEMPEST COURT A 9i 1gli Ai 9i pg4A I!.)l II�I� I;f$!g�il!>j5f9 i s LEGEND WEST WINDS COMMUNI T Y PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2, T.2.S., R.S.E., P.M.M. PROPOSED LOT LINE GALLA T/N COUNTY, MONTANA PROPOSED PARKS 1 .N G I N 6..I N G DOSTING WETLANDS —N- mP HKM ETlgineerlflQ InC. SINGLESENIOR FAMILY HOUSING PROPOSED PUD 920 TECHNOLOGY BLVD. TOWNH ASS/CONISTED LIVING SWE A TOMNHouES/CONDouINIUYS AMENDMENT - OPT/ON 1 Bozeman,MT 59718 (406)586-8834 SD-3 FAX(406)586-1730 zoo 0 200 iiiiia scde feet DATE JULY 2007 PROJECT NO.04S067.110 Copyright 0 2008 HKM Engineering Inc,All Right.Reserved. I I III I .... :'1 F'• I I I ............ IOW COURT ; TRADE WPID LANE O � 1 � 1 ` TRADE WPID LANE f FLURRY LANE /1 i i81/3/1 TSCHACFE LANE TUReuL.Etace LANE 3 I ` I` I ' t AFFORDABLE AUTUMN QtVE 15TREETt o � \t t • ( t e5( CHURCH PARCEL 1 t%�� --T�"'"'- '�LANEL" �S° WESTWPID W t Iv WINTER PARK STREET. . f I S 1 t )ep t I q t \ Pe �p YY \ BREEZE LANE � I —— —. LANE AIL N ' • p \{ Yep a FFF BaLE3TaNE PL • _ 3 6!k 90UALL LANE (/� 1 TEMPEST COLIFIT y .._.._.._.._.._.._u_.._...L..._.._.-._.._.._...r�.._.._.._.._.._.._.._.._.._..� �� �:.o �pYp• �p 3°Y �;Yp•YOYaY •YaYp Sop p;@ 6a@ LEGEND WEST WINDS COMMUNI T Y PROPOSED TRAIL SYSTOA NW 114 SECT/ON 2, T.2.S., R.S.E., P.M.M. PROPOSED LOT UNE GALLATIN COUNTY MONTANA i 0 PROPOSED PARKS m ENGINEERING DasnNG WETLANDS —N— HKM Englneedng Inc. 0 SINGLE FAMILY HOUSING SENIOR PROPOSED PUD 920 TECHNOLOGY BLVD. 0 ASSI�STED UV1NG g SUITE A �°�""0M 'C0ND0Y1N10YS AMENDMENT — OPT/ON 2 Bozeman,MT 59718 (406)58"&U 200 0 200 SD-3 FAX(406)586-1730 0 scNe feet DATE: DULY 2007 -—-NO.045-'I'D C.pxight 0 2008 HKM Englnwtr g Ina,All Right.Reserved West Wind Planned Unit Development Project Density Calculation -Revised 7/20/2007 Approved PUD Land Use Net Land Area Net Density Estimated Ac.) D.U./Ac. ' Dweilin Units Senior Residential Multi-Family 22.52 8.88 200 Skilled Nursing Facility 6.49 23.12 150 Subtotal 29.01 350 Residential Single Family 33.15 6.21 206 Townhouse 13.61 11.02 150 Multi-Family 9.74 13.46 131 Subtotal 56.49 487 Total 85.51 9.79 837 Amended PUD(Option 1 -Senior Living) Senior Residential Multi-Family 20.26 8.88 200 Skilled Nursing Facility 6.49 23.12 140 Subtotal 29.01 340 Residential Single Family 32.52 6.46 210 Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 Subtotal 51.42 471 Total 80.43 811 Amended PUD(Option 2-Single-Familyl Senior Residential Multi-Family 3.51 5.13 18 Skilled Nursing Facility 3.18 31.45 100 Subtotal 6.69 118 Residential Single Family 46.49 6.00 279 Townhouse 10.92 12.82 140 Multi-Family 9.60 14.28 137 Subtotal 67.00 556 Total 73.69 674 Table Notes: 1- Net land area excludes roads, openspace and parks. 2-Senior Living Facilities density are subject to change upon site plan applications N • • West Wind Planned Unit Development Project Park Calculation-Revised 7/20/2007 Total Net Park Land Provided in Approved PUD=19.07ac Total Net Park Land Provided in Amended PUD=19.045 Appro PUD '=Land Use'x 3 t Land Area ,��Estimated Net Estimated r ,j Park AreaNN-f 1�'.V'e a h , .rz K..�.._' _ X +Densit DU/'Ac ..Dweliin .Unifs .tRe uired; Ac. Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 Total 85.51 9.80 837 19.09 Amended PUD(Option 2-Senior Livingl Senior Residential Multi-Family. 20.26 9.00 ' 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 �. Residential Single Family 32.52 6.46 210 6.30 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 83.84 79.47 811 18.59 Amended PUD(Option 2-Single-Family) Senior Residential Multi-Family 3.51 5.13 18 0.00 Skilled Nursing Facility 3.81 26.25 100 _ 0.00 Residential Single Family 46.49 6.00 279 8.37 Townhouse 10.92 12.82 140 4.20 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.67 0.00 0 0.00 Total 80.00 77.88 674 15.14 Table Notes: I 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. • West Winds Planed Community Subdivision Summary July 2007 ot 'Option`1 Option 2 tts ac t Lots ac. Total Single Family y 210 i 32 52, 279 46.488 Total Townhouse ;I 2 4 -M kt,�9:3035; 140 10.9195 Total Muli-Familyi,- ;`3%Vx Xs#4'.97,1Z�, 3 4.971 Total Muli-FamilyAffordable ;.QN�'4'624r2 1 4.624 Senior Living & ,26.751ki 2 7.322 Church ;gkACW, rtc5 667 1 5.667 Total 40134,6iG . �78'1695 425 79.9915 y a V W Open Space 1'876 12.845 Park 19.045 Streets 48.179 Gross %F x. �-.?,161¢296 161.296 Net �; +; E 85.076,� 81.227 HKM Engineering 1 Technology 1 Bozeman, (406)586-8834 Memo To:Lanette Windemaker From: Paul Yakawich Date:July 24,2007 Re: West Winds Subdivision 4-8 Lanette, Enclosed are 28 copies of the revised figures for the PUD Amendment. The figures accurately reflect the development west of Davis Lane and the revised internal lot layout. PDF's on CD of both the PUD Amendment and Plat application will be delivered to you shortly. The Preliminary Plat application has been revised and extra copies have been left in the planning office. Please feel free to contact our office if you have any questions or comments. Thanks, Paul Yakawich,EI • Page 1 • Page 1 of 2 • IiA Attachments can contain viruses that may harm.your computer.Attachments may not display correctly. Lanette Windemaker From: Ted Lange [Ted@gvlt.orgl Sent: Tue 7/17/2007 12:32 PM To: Lanette Windemaker Cc: Subject: GVLT West Winds Comments Attachments: D WestWinds Phases4-8.pdf 214KB Lanette, Here are comments on West Winds... July 17, 2007 From: Ted Lange, GVLT Community Trails Program To: Lanette Windemaker, Bozeman Planning Department Subject: West Winds Phases 4-8 Mods to PUD #Z-07141 GVLT strongly recommends keeping the greenway trail corridor on the south side of Winter Park. This greeway will provide an important east-west connection from the Regional Park, to the West Winds park, . to Rose Park to 19t'. Keeping the greenway on the south side of Winter Park will allow bicyclists and pedestrians to access the Regional Park with the least possible number of street crossings. It is important to keep in mind that this greenway will also be part of a bicycle-pedestrian route to the new Chief Joseph Middle School. It will therefore be particularly important to ensure that the intersection of Vaquero, Davis and Winter Park is designed to be as safe as possible. i Thank you for your consideration. http://mail.bozeman.net/exchange/lwindemaker/Inbox/GVLT%2OWest%2OWinds%2OCo... 7/17/2007 i Page 2 of 2 Sincerely, Ted Lange, GVLT Community Trails Planner I Ted Lange, Community Trails Program Gallatin Valley Land Trust 406-587-8404 ted@gvlt.org www.gvlt.org http://mail.bozeman.net/exchange/lwindemaker/Inbox/GVLT%2OWest%2OWinds%20Co... 7/17/2007 MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: July 18, 2007—Final Week Review Re: West Winds PUD Phases 4-8 Modifications#Z-07141 West Winds PUD Phases 4-8 MaSub Preliminary Plat#P-07028 I still need 28 copies of the color PUD insert and the new PDFs. Relaxation: • 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. ' 7 ' J PUD Conditions: 1.1 In keeping with the intent of the original PUDLZ65idition of approval #20, which stated "Tschache t-Z Lane shall align with the road in Baxter Meadows w t of Fowler Avenue"; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a connection to a full access inters 'on at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 2. In keeping with the intent of the original PUD condition.of approval #25, which stated "The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection"; the original PUD condition of approval #25 shall be modified as follows: The 60 foot wide trail area shall extend from the linear park to Davis Lane, and shall intersect Davis Lane adjacent to either the north or the south side of 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. 3. The relaxation of 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 shall be restricted to multi-household dwellings (living/elderly care facilities and apartments). 4. West Winds PUD shall maintain a minimum net density of approximately 8.5%, not including any congregate care residences. This minimum net density shall not override the density cap established by the original PUD condition of approval #35 based on the total number of acres of dedicated parkland. 5/6ue to the significant design changes required, proposed Land Use Plans 2a and 2b are denied. A \ modification of the PUD plan and the public hearing process shall be required to locate a church site within the West Winds PUD. O6The two alternative final PUD plans (la and lb) shall label all proposed land uses. The density and park calculations shall be corrected as needed to properly depict all proposed land uses, and include net density calculations for the total PUD and the PUD less any congregate care residences. 1 • 7. 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. 8. 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 phas--d with the subdivision phases. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. PUD 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 of 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. 2 c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed with sufficient detail to the appropriate plan,page, note, covenant, etc. Plat Conditions 1. The street pattern in West Winds shall be designed to provide a connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 2. The 60 foot wide trail area shall extend from the linear park to Davis Lane, and shall intersect Davis Lane on either the north or the south side of 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. 3. Due to the significant design changes required, preliminary plats for Phases 5 and 6 are denied. 4. 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, and shall not exceed 600 feet without a public right of way with pedestrian walkway. 5. 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. 6. Per 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-way and a note shall be on the final plat denoting specific locations, subject to review and approval of the Planning Department. The following preliminary locations have been tentatively identified. Phase 4, 1 a—north/ south in Lot 1,Block 1. Phase 4, lb—between Lots 9 and 10, and 14 and 15, Block 1. Phase 5a, 1 a—north/ south in Block 3. Phase 5a, lb—north/south in Block 4. Phase 5a, 2a—north/south in Block 1. Phase 5a, 2b—north/south in Block 3. Phase 6, 2—north/south in Block 3, and between Lots 4 and 5, Block 3. Phases 7 and 8 —east/west and north/ south in Block 1. 7. 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 518.74.080.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. 3 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." 8. The approved park master plan shall be amended to accommodate the relocation of the trail that shall be constructed connecting from 27ffi 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. 9. 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. Note 6 on Phase 6, Option 2 needs to be removed or corrected— a church is not limited commercial, it is a community center. 11. Subdivision Phases 4, 7 and 8 of the West Winds PUD shall comply with the final PUD plan and �7Development Guidelines for the Planned Unit Development. ��\5 � �cG� �12Storm water facilities shall be located on separate parcels of land from to(sand 'dedicated park land. 13. The park shall be titled "Public Park". The open space shall be titled "Open Space 'W', Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space 1, public access, owned by the property owners, maintained by the property owners association, etc. Park land, open space areas and storm water facility areas shall not be described as lots or tracts but shall be described and numbered. 14. 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. 15. 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. 4 16. 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. 17. 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. 18. 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. 19. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. 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. Plat Code Provisions a. 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. Notes describing RSLs need to indicate the correct section of the code. b. Pursuant to Section 18.42.150, street lighting, including pathway intersection lighting, shall be provided. Bollard lights shall be placed where pathways intersect and cross a street unless at an intersection. c. 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. d. 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 Unified Development Ordinance. e. 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 Unified Development Ordinance. 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. 5 f. 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. g. The Final Plat shall conform to all requirements of the Bozeman Unified Development Ordinance 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. h. 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 major subdivisions and three years for multi-phased major 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 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. i. 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. j. 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 plan, sheet, note, covenant, etc. in the submittal. 6 Looks G Ksz. {3 O:e—z--� s 0 K- l� St-A � (1 lG`�`1�G1 y t e. C.(/t C ei✓l%fi � � CA c`(� s An,G� { � . 23 ��� r 67 Page 1 of 2 &You forwarded this message on 7/16/2007 2:41 PM. Attachments can contain viruses that may harm your computer.Attachments may not display correctly. Lanette Windemaker From: Litle,Clint(CLitle@hkminc.com] Sent: Mon 7/16/2007 2:39 PM To: Lanette Windemaker; Susan Stodola Cc: Subject: FW: WEST WINDS Attachments: 11 AMENDED-07-16-2007 OPTION 2A(1).pdf(402K6) Lanette: Attached is the revised plan that shows the alignment of Winter Park to match Baxter Meadow. I did not show the extension of Breeze Lane, instead we have given a range for the location of a limited access into the senior area. If we construct the single family option at the southwest corner the current alignment of Breeze Lnae would hold. Any questions please call. Clint Litle, P.E. HKM Engineering, Inc 601 Nikles Drive, Suite 2 Bozeman, MT 59715 Ph: 406-586-8834 Fax: 406-586-1730 www.hkminc.com From: Eilers, Steve Sent: Monday, July 16, 2007 2:17 PM To: Litle, Clint Subject: WEST WINDS http://mail.bozeman.net/exchange/lwindemaker/Inbox/FW:%20WEST%20WINDS-2.EM... 7/16/2007 Page 2 of 2 Stephen J. Hers HKM Engineering Inc. 920 Technology Blvd Suite A Bozeman, MT 59718 406 586 8834 Ph. 406 580 6756 Cell 406 586 1730 Fax www.hkminc.com http://mail.bozeman.net/exchange/lwindemaker/Inbox/FW:%20WEST%20 WINDS-2.EM... 7/16/2007 I - ROW HEDGEROW COURT / / m TRADE WIND LAKE / / / �n ! N I ! I TRADE WIND LADE 1 ' , I RIRiRY LANE 8 TSCHACI-E LADE i , TUREIULENCE LANE 3 I 1 � 1 I J. Ti 1 \ AFFORDABLE AUTUMN GROVE e mn \\ \ fY 1 CHURCH PARCEL TSCHACFE LANE 1// — --� \f i \ I WINTER PARK STREET •� �' 1 I �6f 1 I BREEZE LANE n VI W BREEZE LANE e 0 O W Q 0 S a^ rn Z-Z s W I 1({ J o I LESTONE PL Ifs ! II TEMPEST COURT fi fi a n ,I i;¢p_ I'll.. :3.@pp-'3oi!! :�lE flpp F�lp, �M Fi �.gi BIy�9!pi�l Ii ply q;;ii fM gl ;of f i s LEGEND WEST WINDS COMMUNI T Y PROPOSED TRAIL SYSTEM P R NW 1/4 SECT/ON 2, T.2.S., R.S.E., P.M.M. OPOSED LOT LINE GALLA TIN COUNTY, MONTANA 0 PROPOSED PARKS ENGINEERING ® EJOSTING WETLANDS -N- HKM Engineering Inc. 0 S FAMILY UMNC SENIOR PROPOSED PUD H McChesneyProfessional Bldg. roWNNdAE4/WNDWAi"'°MS AMENDMENT - OPT/ON 2a I. Bozeman,MT 59715 H (406)586-8834 200 0 200 SD-3 6 FAX(406)586-1730 soda feet o' DATE APRIL 2007 PROJECT N0.045007.110 4pight 0 2006 HKM Englnewtng Ina,All Right.Reemved. f+ ,,, ,,, •.- .; . CITY OFSZEMAN a 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.bozeman.net May 15, 2007 John Dunlap Cascade Development Inc. 1627 West Main Street, 4223 Bozeman, MT 59715 RE: West Winds PUD Phase 4-8 Preliminary Plan Modification West Winds PUD Phase 4-8 Subdivision Preliminary Plat Dear John: The above-referenced PUD preliminary plan modification and Subdivision preliminary plat applications were received on May 7, 2007, and met the application deadline of 5:00 PM on Tuesday, May 8, 2007. It has been assigned to Contract Planner, Lanette Windemaker. The application was reviewed in accordance with the submittal checklists and Title 18 of the Bozeman Municipal Code (BMC). .The applications do not contain all of the required information and have been deemed unacceptable. The following submittal materials and/or information were not provided or need to be clarified: PUD Preliminary Plan Modification Application: 1. PUD checklist. 2. 28 copies when in conjunction with a subdivision preliminary plat. 3. PUD fee paid appears to be incorrect. PUD fee requires $25 per residential unit and/or $25 per 1,000 square feet of leasable nonresidential floor area for the Modification portion of the PUD. Please note we did not talk about this deficiency at our meeting on May 10, 2007. 4. 121 $0.02 stamps. 5. Need to include copy of approved PUD plan(s) for comparison. 6., Proposed PUD plan(s) need to show land uses. 7. Proposed PUD plan(s) should not be labeled"Project Phasing Diagram". 8. At a minimum the following items on the PUD Preliminary Plan checklist need to be addressed, and should be used to justify why these modifications should be approved: B.Lb, B.Lc, B.Lg, B.1.i, and B.l.j. 9. Density calculations comparing approved PUD plan(s) to proposed PUD plan(s). 10. Park calculations comparing approved PUD plan(s)to proposed PUD plan(s). 11. Documentation of extent of property owners. 12. PDF on CD of entire submittal. Subdivision Preliminary Plat Application: 13. $7,500 fee paid appears to be incorrect. planning • zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination $1,000 $5,000 ($50 x 100 lots) $1,525 ($25 x 61 lots) $ 400 $ 195 ($5 x 39 adjoiners) $8,120 14. 39 $0.02.stamps. 15. If the developer is proposing to request an exemption from the Department of Environmental Quality (DEQ) for infrastructure plan and specification review, the subdivision application shall include a written request from the developer's professional engineer, licensed in the state of Montana, that indicates the intent to request the exemption. 16. Documentation of extent of adjacent property owners vs property owners within 200', vs PUD property owners. 17. PDF on CD of entire submittal. I will be out of the office from May 31't to June 18th. Therefore, assuming you make all of the corrections in a timely manner, it appears I will unable to meet the deadline for Adequacy, of within 15 working days of the determination of Acceptability. Please provide me with a letter of extension from Section 18.06.040, BMC. Please feel free to contact me at 586-5266 if you have any questions. Si erely, f anette Windemaker, AICP Contract Planner Enc: List of Affected Utilities and Agencies j Cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715 Page 2 !� • CIT`&F BOZEMAN 4, 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@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO:. Subdivider FROM: City of Bozeman, Department of Planning&Community Development RE: List of Affected Public Utilities and Local, State,and Federal Government Agencies DATE: May 15, 2007 Below is a list of affected public utilities and those agencies of local, state, and federal government having a substantial interest in subdivisions,proposed within the City of Bozeman,as identified by the City of Bozeman: • Bozeman Director of Public Safety • Belgrade Rural Fire Department • Bozeman Forestry Department • Rae Rural Fire Department • DNRC—State Lands • Sourdough Rural Fire Department • MDOT—Bozeman Office • Bicycle Advisory Board • MDOT—Helena Office • Traffic and Pedestrian Safety Committee • Gallatin County Road Office • Recreation and Parks Advisory Board • Gallatin County Sheriff's Department 0 Gallatin Valley Land Trust • Gallatin County Planning Office • Farmers Canal Company • County Environmental Health Department • Wetlands Review Board • Other: CAHAB This memo serves as your written notice that some or all of these public utilities, government agencies or other entities may be contacted, in addition to the Bozeman Development Review Committee (DRC), for comment on your subdivision preliminary plat application. The public utilities, government agencies or other entities must submit their comments within 60 days of the subdivision preliminary plat application being deemed complete, or prior to the public hearing before the City Commission,whichever is sooner. Notification of which public utilities, government agencies or other entities were actually contacted to review your preliminary plat application will be provided to you once the subdivision preliminary plat application is submitted and deemed complete. By providing this memo, the City meets its statutory requirement to comply with the following provision in the Montana Code Annotated: Section 76-3-504(1)(q)(iii) The subdivision regulations adopted under this chapter must, at a minimum, establish a preapplication process that requires a list to be made available to the subdivider of the public utilities, those agencies of local, state, and federal government, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond. planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination :4 DRAFT MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: July 11, 2007— Second Week Review Re: West Winds PUD Phases 4-8 Modifications#Z-07141 West Winds PUD Phases 4-8 MaSub Preliminary.Plat#P-07028 On June 27, 1 notified the applicants that at first week DRC, it became apparent that the West Winds 4-8 applications will be determined to be inadequate for continued review after the second week of DRC review. At that time, DRC review will be discontinued until all the information determined to be inadequate is provided as required(28 copies inserted in applications and PDF). I still need 28 copies of the color PUD insert and the new PDFs-. Relaxation: • 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. PUD Conditions: 1. In keeping with the intent of the original PUD condition of approval #20, which stated "Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue"; the original PUD condition of approval #20 shall be modified as follows: Winter Park Street or Zephyr Lane shall align with Vaquero Street in Baxter Meadows PUD Phase 4, and subject to Engineering Department approval, a full access intersection shall be provided at that location on Davis Lane. 2. In keeping with the intent of the original PUD condition of approval #25, which stated "The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection"; the original PUD condition.of approval #25 shall be modified as follows: The 60 foot wide trail area shall be provided along the street which intersects with Vaquero Street and shall extend from the linear park to.Davis Lane. 3. The relaxation of 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 shall be restricted to multi-household dwellings (living/elderly care facilities and apartments). 4. 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. 5. 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. 1 6. Due to the significant design changes required, proposed Land Use Plans 2a and 2b are denied. A modification of the PUD plan and the publichearing.process shall be required to locate a church site within the West Winds PUD. 7. The two alternative final PUD plans (l a and lb) shall label all proposed land uses. The density and park calculations shall be corrected as needed to properly depict all proposed land uses, and include net density calculations. 8. 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. 9. 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. 10. 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. 11. 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. 12. The final site plan shall comDlv 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. PUD 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 of 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. 2 c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan.approval has been satisfactorily addressed with sufficient detail to the appropriate plan,page, note, covenant, etc. Plat Conditions 1. Vaquero Street, in Baxter Meadows PUD Phase 4, shall be extended into West Winds PUD subdivision, and shall intersect and/or align with Spring Valley Court, Winter Park Street or Zephyr Lane, and subject to Engineering Department review and approval, a full access intersection shall be provided at that location on Davis Lane. 2. The 60-foot wide trail area shall be extended from the linear park to Davis Lane, and shall.intersect Davis Lane beside the Vaquero Street alignment. 3. Due to the significant design changes required,preliminary plats for Phases 5 and 6 are denied. 4. 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, and shall not exceed 600 feet without a public right of way with pedestrian walkway. 5. 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. 6. Per 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-way and a note shall be on the final plat denoting specific locations, subject to review and approval of the Planning Department. The following preliminary locations have been tentatively identified. Phase 4, 1 a—north/south in Lot 1,Block 1. Phase 4, 1 b—between Lots 9 and 10, and 14 and 15, Block .1. Phase-5a, 1 a—north/ south in Block 3. Phase 5a, lb—north/south in Block 4. Phase 5a,2a—north/ south in Block 1. Phase 5a, 2b—north/ south in Block 3. Phase 6,2 —north/ south in Block 3, and between Lots 4 and 5, Block 3. Phases 7 and 8—east/west and north/ south in Block 1. 7. 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 518:74.080.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 3 • • i 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." 8. The approved park master plan shall be amended to accommodate the relocation of the trail that 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: 9. 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. Note 6 on Phase 6, Option 2 needs to be removed or corrected— a church is not limited commercial, it is a community center. 11. Subdivision Phases 4, 7 and 8 of the West Winds PUD shall comply with the final PUD plan and Development Guidelines for the Planned Unit Development. 12. Storm water facilities shall be located on separate parcels of land from lots and dedicated park land. 13. The park shall be titled "Public Park". The open space shall be titled "Open Space 'W', Public Access". Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners association; and open space 1, public access, owned by the property owners, maintained by the property owners association, etc. Park land, open space areas and storm water facility areas shall not be described as lots or tracts but shall be described and numbered. 14. 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. 15. 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. 4 J 16. 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. 17. 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. 18. 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. 19. The final plat shall comply,with the standards identified and referenced in the Unified Development Ordinance. 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. Plat Code Provisions a. 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. Notes describing RSLs need to indicate the correct section of the code. b. Pursuant to Section 18.42.150, street lighting, including pathway intersection lighting, shall be provided. Bollard lights shall be placed where pathways intersect and cross a street unless at an intersection. c. 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. d. 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 Unified Development Ordinance. e. 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 Unified Development Ordinance. 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. 5 f. Section 18.78.070.D requires a Final Park Plan to be approved by the City Corrimission, 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. g. The Final Plat.shall conform to all requirements of the Bozeman Unified Development Ordinance 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. h. 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 major subdivisions and three years for multi-phased major 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 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. i. 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. j. 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 plan, sheet, note, covenant, etc. in the submittal. i 6 West Winds Subdivision • June 2007 Description of Options C E 0 V E • D To date Phases 1 through 3 have been constructed to West Winds approve D j&1 thq 3 2007 senior living option. This Preliminary Plat Application is has been designe - PAP,TMENT OF PLANNING concurrent PUD Amendment. Below is a description of the remaining pha es gVMUNITY DEVELOPMENT Winds provided the PUD amendments are acceptable, see figures attached. e PUD amendments shall provide for the layouts listed below or a combination thereof. Option 1 a Option 1 a incorporates both senior living facilities and single family housing in the remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane, both amendments to the PUD and brought up by the entrance of Vaquero Street in Baxter Meadows, west of Davis Lane. Option 1 b The original approved PUD provided both residential and senior living facilities. Option lb incorporates all single-family housing in the remaining phases 4 through 8, with the same PUD amendments in Option 1 a. Option 2a Option 2a has both single-family housing and senior living facilities,but also has a church parcel within Phase 6. The church parcel, single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. Option 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds. The PUD amendments stated above in Option 2a apply. • H E N G I N E E R I N G i I • ' I I III , — 34 3 35 HA (TER LANE fM/NOR ARTERIAL) I _ 2 I 1 —M it TRADE wlrro LANE T I •I ` f I TRADE�LANE qu HEDGEROW I LIT-H FLURRY LANE a I TSCHACYYE LANE — TURMXMCE LANE 3 a I — 1 11 1 - 1 ' AFFORDABLE i AAMN GROVE \ l I 7 1 \ li TSCFiACHE LANE J`( I WPlTSt PARK 3TRfFT _al.,, 1 \\\ 1 �I I-a )ep 1 1 W �9e 1 EIRME LANE QI I w I I r • BRf3M LANE • ��'1 "' !' I N ie BBLEsrorrE 1 x gr+ / TEMPEST COURT •I I m — - _--------------------_ - _ - _ _ _ ---------_-------a — — __ - inn -- ----------------------� - --------------- OAK STREET (PR/NC/PAL AR TER/AL)------------------------ --------�;----- --- --w• �r r :- «a i r -- j gpa! aaPp �;6=q•a;P9 •eaPp !;P pePpp EaPp I j j � I I ' Pi i.)$i iP91 psi!+Pgs�9 P9:�9 ��gi ggi Bj9 i a 2 s a LEGEND WEST WINDS COMMUNI T Y ——— PROPOSED TRAIL SYSTEMNW 1/4 SECT/ON 2, T.2.S., R.S.E., P.M.M. PROPOSED LOT LINE GALLATIN COUNTY, MONTANA e N G I N e e e 1 N G 0 PROPOSE°PARKS — E70STNG YrEILANDS —N— Englneedng Inc. 0 SINGLE ASSIST HOUSINGSENIOR PROPOSED PUD cchesney Professional Bldg. © TOWNH ASS/CON LIVING a 601 Nildes Dr.,Suite z o '°�""°"��°°"°°"'"'°"S AMENDMENT - OPT/ON 1a Bozeman,MT 59715 (406)586-MU SD-3 FAX(406)586-1730 200 0 200 c ecale feet DATE APRIL 2007 PROTECT NO.045087.110 Copyright 0 2008 HKN Engineering Inc,All Right.Re.ervel Q I '..... 34 35 HA (TER LANE lM/NOR ARTERIAL! I 3 i8g � HEDGEROW oouRT uro TRADE w f FLURRY LANE, 3 8 I .r a TSCHACFE LANEI 00T: TURetn.ENCE LANE 1 - 1 ; t I t ` AFFORDABLE t AuruM caovE STREET � I 11 ._ TSc1+AcrE LANE �� ! WPlTEFi PARK SfAEEr ` •\\\ �� I I I J 1♦ I i ��� (epg 1 ,1 aa ZEPHYR LANE ♦. �\ � it ; t _ SREEZE LAME• I I I • , I BRA LANE i a il5 eeLEsror•� �q 9 II sIY SQUALL LANE / f 'I TEMPEST COURT p:I a `n re + I� •I i m o - ------------------------------�•aa� ------------------------.: -------------------------'---..�aa-�aaa�.-.�.aaas�aa�«+�•a��—a-s---—- AK STREETPR/NC/PA ARTERIAL) .—+�ars--.".'�s-._s-__►___' -_ _--- ---------- as - ---------------------- - - -- m �® I °oiFp• atp 'ap hilt !h1:41g 9offp I;i '-oip I I I I I I � 1111 CENTER 2 LEGEND WEST WINDS COMMUNI T Y PROPosm TRAIL SYSTEM NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINE e N e 1 N e e e I N c 0 PROPOSED PARKS GALLA TIN COUNTY, MONTANA — DMING KTLANDS -N- KM Engineering Inc. 0 SINGLE FAMILY HOUSING SENIOR ASSISTED U ANG PROPOSED PUD cChesney Professional Bldg. o 601 NiMes Dr.,suite 2 TOWNHOYES/CONDOMINIUMS MENDMEN T - OPT/ON 1b Bozeman,MT 59715 (406)586MU SD-3 FAX(406)586-1730052 zoo o zoo c .ail. feet I DATE: APRIL 2007 PROJECT NO.—.7.110 C.plrlght 0 2008 HKM Engineering I...All Right.R.. —& I34 135 „BAXTER LANE (MINOR ARTERIAL! I 3 2 -- �i / � I HEDGEROW COURT I - - TRADE WINDLANE � ATTF a TRADE WIND al 66 i R.URRY LANE a g 8I TBCFNACFE LANE a !� ' m TURBUEN LCE LANE � Q • a 1 4 L i AFFORDABLE i AvrTVN cAovE srREEr I 5 � —TBCINA-�. CHURCH PARCEL % � - ----- d, wwrEa PARK BREEZE LANE•• — — •I �I 1 I BREEZE LANE I ieI a MILESTONE PL x I1 • TEMPEST COURT a Y - .---- - .m — -� OAK T uewg�T (PR/NC/PAL ARTERIAL) --------------- x� 1, p�I -------------------- mN- ---- - ,11 1ig 1 fS,if9i1 9aiiIr, CENTE 2-- LEGEND WEST WINDS COMMUNI T Y ——— PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2, T.2.S., R.S.E., P.M.M. PROPOSED LOT LINE PROPOSED PARKS GALLATIN COUNTY, MONTANA -0� ENGINEERING DOSTING NfILANDS —N— KM Engineering Inc. SINGLE FAMILY HOUSING SENIOR ASSISTED LIVINGPROPOSED PUD I cChesney Professional Bldg. ES/CO I 601 Nibes Dr.,suite 2 0 TOVMHOMS/CONDOMINIUMS AMENDMENT - OPT/ON 2a I Bozeman,MT 59715 FAX(406 �1730 200 0 200 SD-3 0 scale feet DATE APRIL 2007 PROJECT NO.04SO67.110 Copyright 0 2008 HI01 Engineering Inc.,All Righte Reserved I III 1 34 14 35 BAXTER LANE [MINOR ARTERIAL) `I 2 3V 17 lEDoetow couRr i1F TRADE WIND,LANE ,`.' � � �I TRADE WIND,LANE �I i ` I FLURRY LANE a � I I IT " - -- T'BCHACFE LANE rn IURBULBJCE LANE I 3 � 1 1� 1 �I 1t `a AFFORDABLE 1 I � I �- iCHURCH PARCEL TSCHAC HE LAW '-4 �_4 � fff�`e�! �, , I •� I I Z 6 4tl BREEZE LANEEll , - -_ •1 ♦, I � � ;� ill^ ry BREEZE LANE I N I � • � I I i II 1 I - FI 5 BBI.EsroNE PL �/ IIIpl9 i I 1jv• ! TEMPE3r COURT to J I fl io -- t-- ---- -- i _ _----- m = _ p _ — - - ------- -----OK STREET !PR/NC/PAL ARTER/AL)-- � --- --- �� .., ... A I •f,f •e:f !: i� I�I� II `----------- iI i I j 1l1l l---------- - NPgs1pp's;a p f9a1I 1;f9i 1"";6Ljaif CENTE 2 LEGEND WEST WINDS COMMUNI T Y i ——— PROPOSED TRAIL SYSTEM NW 1/4 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINE GALLA TIN COUNTY, M ONTANA 1 ENGINEERING 0 PROPOSED PARKS — DOS TING WETLANDS -N- KM Engineering Inc. 0 SINGLE FAMILY HOUSING PROPOSED PUD i cChesney Professional Bldg. 0 SENIOR ASSISTED LIVING It 601 he Dr.,Suite TOWMHOLIES/CONDOMINIUMS A MENDMEN T - OP T/ON 2b Bozeman,MT 59715 FAX 5 641730 200 0 200 SD-3 0 scale teat DATE APRIL 2007 PRO.ECT NO.0IS007.110 C.Pxight 0 2006 HKM EnginecAng Ins.,All Rights Reserved PLANNING DEPARTMENT STAFF REPORT #Z-07141 WEST WINDS PUD PHASES 4-8 MODIFICATIONS Item: Zoning Application#Z-07141—An application for Modification to the Conditional Use Permit for the West Winds Planned Unit Development to eliminate the Winter Park Street intersection with Davis Lane, to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Owner/Applicant: Cascade Development,Inc., 1627 West Main St.,Ste 223,Bozeman,MT 58715. Representative: HKM Engineering, Inc., 601 Nikles Dr., Ste#2, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday,July 11,2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Unscheduled before the Bozeman City Commission at this time. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located northeast of the intersection of Oak Street and Davis Lane. The property is legally described as a portion of the NW'/4, Section 2,T2S,R5E,PMM, City of Bozeman,Gallatin County,Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. • • un y B-P R,4 o - Z `0 a Q �ak-St ount 6�z� —N Ell PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD) Final Plan. About half of the original development has received final approval and is under construction.The modifications are requested on the remaining portion of the PUD, — 85 acres to be developed as single-, multi-household use with an optional church. The project will have access from Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27`h Avenue,and internal streets.The modification requested would eliminate the Winter Park Street intersection with Davis Lane, eliminate townhouse lots, allow a church lot, and change the allowable height. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for 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. BACKGROUND 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 requested 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 #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 2 • 0 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. 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. 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,2 A 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. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 3 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 271h Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 271'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 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 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. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 4 • • 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. 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. 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.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. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 5 • 0 • 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 271h 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 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 #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 6 N 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 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 #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 7 • N 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. • 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 #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 8 • 0 i 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. On September 6,2005,per 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). The Final Park Plan was approved by the City Commission on May 16, 2005. 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, 27"' Avenue and Fowler Avenue. The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: 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 #31 to read: 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; 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 additional 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 #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 9 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". ZONING DESIGNATION & LAND USES The subject property is zoned"R-3"(Residential Medium Density District). The intent of the"R-3", Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City.It should provide for a variety of housing types to serve the varied needs of households of different size,age and character,while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: "R-3" (Residential Medium Density)—Baxter Square Subdivision. "R-1" (Residential Single-Household, Low Density District)—Baxter Lane Subdivision. "RS" (Residential Suburban)—Dwelling. "AS"(County Zoning Agricultural Suburban)—Unincorporated,agricultural,and dwellings. East: "R-3" (Residential Medium Density)—West Winds PUD Phases 1-3. South: "R-1" (Residential Single-Household, Low Density)—Harvest Creek Subdivision. "SRR" (County ZD#1, Semi Rural Residential)—Unincorporated. West: "R-3" (Residential Medium Density)—Baxter Meadows PUD Phase 4. "PLI" (Public Lands and Institutions)—Regional Park. ADOPTED GROWTH POLICY DESIGNATION The property is designated as "Residential" in the Bozeman 2020 Community Plan. The R-3 (Residential Medium Density District)zoning designation is consistent with this land use designation of the property. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies.It is expected that areas of higher density housing would be likely to be located #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 10 in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. PLANNED UNIT DEVELOPMENT INTENT The intent of the PUD title is to promote the City's pursuit of the following community objectives; A. To ensure that future growth and development occurring within the City is in accord with the City's adopted growth policy, its specific elements, and its goals, objectives and policies; B. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing,recreation, shopping and employment may extend to all citizens of the Bozeman area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water,sewer,electricity,open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage,water quality and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 11 J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of incompatible developments; M. To promote logical development patterns of residential,commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and O. To meet the purposes established in 18.02.040, BMC. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA The intent of Section 18.36 "Planned Unit Development" is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. The applicant is proposing relaxations from the city's standards through the Planned Unit Development process and therefore must demonstrate a plan that will produce an environment, landscape quality and character superior to that produced under the existing standards. The following questions should be considered by the Board: • Are the elements of the site plan designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? • Does the design and arrangement of lots and open space areas contribute to the overall aesthetic quality of the site configuration? • 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? REVIEW CRITERIA The DRB is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title. The Preliminary Plan should meet and exceed the minimum standards set forth in the Bozeman Municipal Code. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 12 i • report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The West Winds PUD Phases 4-8 Preliminary Plan proposal must comply with the intent of planned unit development as stated in Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: Conditions: 1. In keeping with the intent of the original PUD condition of approval#20,which stated"Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue"; the original PUD condition of approval#20 shall be modified as follows: Winter Park Street or Zephyr Lane shall align with Vaquero Street in Baxter Meadows PUD Phase 4, and subject to Engineering Department approval, a full access intersection shall be provide at that location on Davis Lane. 2. In keeping with the intent of the original PUD condition of approval#25,which stated"The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection";the original PUD condition of approval#25 shall be modified as follows: The 60 foot wide trail area shall be provided along the street which intersects with Vaquero Street and shall extend from the linear park to Davis Lane. 3. The relaxation of 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 shall be restricted to multi-household dwellings (living/elderly care facilities and apartments). 4. 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. 5. 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. 6. Due to the significant design changes required,proposed Land Use Plans 2a and 2b are denied.A modification of the PUD plan and the public hearing process shall be required to locate a church site within the West Winds PUD. 7. The two alternative final PUD plans(Ia and Ib) shall label all proposed land uses. The density and park calculations shall be corrected as needed to properly depict all proposed land uses,and include net density calculations. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 13 • 0 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 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 each of the conditions of preliminary plan approval has been satisfactorily addressed with sufficient detail to the appropriate plan,page, note, covenant, etc. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 14 CONCLUSION/RECOMMENDATION The Planning Staff,the Bozeman Development Review Committee(DRC), Design Review Board (DRB), and other boards,when appropriate,have reviewed application#Z-07141,Modification of the approved Conditional Use Permit(CUP)for the West Winds Planned Unit Development(PUD) Phases 4-8 against the criteria set forth in Section 18.34.090,Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code.Based on the evaluation of said criteria and findings by the Planning Staff,the application,with conditions,is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan,Final Plat or Building Permit 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE WEST WINDS PUD PHASES 4-8. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. Attachments: Applicant's Submittal. cc: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715. HKM Engineering, Inc., 601 Nikles Dr., Ste#2, Bozeman, MT 59718. #Z-07141 West Winds PUD Phases 4-8 Modifications: Staff Report 15 Page 1 of 1 0 Lanette Windemaker From: Lanette Windemaker Sent: Wed 6/27/2007 11:38 AM To: John Dunlap; Clint Litle; Paul Yakawich Cc: Susan Stodola Subject: West Winds 4-8 Adequacy of Applications Attachments: To all, At DRC today, it became apparent that the West Winds 4-8 applications will be determined to be inadaquate for contined review after the second week of DRC review.At that time, DRC review will be discontinued until all the information determined to be inadequate is provided as required (28 copies inserted in applications and PDF). Then two more weeks for DRC review will be scheduled. These are the following inadquacies noted during DRC today. More inadequacies may be noted during the second week of DRC review on July 11. The proposed PUD Plans and Subdivision Plats do not adquately show what have been platted and approved to the west. The location of Vaquero and "C" streets have not been shown on the west side of Davis. All proposed PUD Plans and Subdivision Plats must be amended to show these intersections. These will have a significant impact on West Winds access to Davis. With all of the single family options it appears that a modification of access standards is required.to be requested from Engineering. This was not discussed in the submittals. The Utility information provided in the previously approved PUD is not up to date with the changes made during Phase 3, and therefore is not adequate. The full current utility information must be provided with the preliminary plat. Please see Sue Stodola if you have any questions. I will be discussing the extent of Planning's ability to support this number of options with staff tomorrow. We may have to tie this down to a lot less options, if any. Please remember that you have to take care of all of these adequacy problems and any addtional ones noted on July 11 and have two weeks of DRC review before I will be able to determined adequacy, and that you want that determination before the Work Force Housing change comes into effect. Lanette Windemaker, AICP Contract Planner 586-5266 http://mail.bozeman.net/exchange/twi.ndemaker/Sent%20Items/West%20 Winds%204-8%20... 7/5/2007 P. , I N E S R I "P.A. June 20, 2007 McChesney Professional Building HAWS067125\Pre-plat ph 4,5,6\PUD amendment\0706071a_lw-PUD admendment.doc 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 Ms. Lanette Windemaker www.hkminc.com City of Bozeman Planner PO Box 1230 FE C IE U C�V!I IE Bozeman,MT 59715 D JUN 2 6 2007 RE: West Winds Planed Community DEPARTMENT OF PLANNING Request for Amended PUD Conditions -Revised AND COMMUNITY DEVELOPMENT Dear Ms. Windemaker, The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development. The amendment request is due to a change in land use within the PUD. The original PUD granted the option between senior living facilities and residential housing, see enclosed approved PUD figures, the below PUD amendments are in addition to the approved PUD. • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. These townhouse lots have been replaced with single-family lots. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision by twenty-one(21) dwellings. • Building Height -- Chapters 18.16 of the Bozeman unified Development Ordinance. Zone R-3 Residential Medium Density District allows for building heights as follows: ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. ➢ 40 feet for roof pitch of 6:12 or greater but; less tan 9:12. ➢ Finally a maximum height of 42 feet is allow for roof pitches 9:12 or greater. Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3285 i Lanette Windemaker• • Page 2 of 3 associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. The current height zoning allows for 38'-0" maximum height for a 5:12 roof pitch. With the requested relaxation, a proposed building height would be approximately 4' taller than currently allowed by zoning. We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion, we are asking for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. • Road Change—The original PUD had Winter Park Street connecting with Davis Lane. Winter Park Street has been revised and will no-l'onger intersect Davis Lane. At the intersection of Winter Park Street and Spring View Court a modified cul-de-sac will be placed allowing traffic to travel north and enter Davis Lane off of Tschache Lane. This change should have minimal impact on the connectivity and traffic circulation due to Winter Park not being a through street. This amendment request is brought on by a request by an adjoining development, Baxter Meadows (west of Davis Lane), as the Winter Park and Davis Lane intersection would impinge on road alignments within Baxter Meadows and Davis Lane. • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.17 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. Enclosed are four different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below descriptions and attached figures are an outline as the final lot layouts could result in a combination of attached figures. Option 1 a Option 1 a incorporates both senior living facilities and single family housing in the remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane,both amendments to the PUD. Lanette Windemaker• is Page 3 of 3 tion lb The original approved PUD provided both residential and senior living facilities. Option lb incorporates all single-family housing in the remaining phases 4 through 8, with the same PUD amendments in Option 1 a. Option 2a Option 2a has both single-family housing and senior living facilities, but also has a church parcel within Phase 6. The church parcel, single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. Option 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds. The PUD amendments stated above in Option 2a apply. The following items have been enclosed for your review • Application&PUD checklist with written narrative. • Approved PUD plan • Proposed amended PUD plans (Option 1 & 2) • Proposed and approved density calculations • Proposed and approved park calculations • Certified property owners list and map within 200 feet of West Winds PUD and owners within Phases I & II. • One CD of PUD amendment application. HKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. If you have any questions or comments please feel free to contact our office. Sincerely, HKM Engineering Inc. Clint Litle, PE Senior Project Manager cc: Cascade Development HKM Engineering 601 Nikles Drive Suite No. Bozeman, MT. (406)586-8834 Memo To:Lanette Windemaker From: Paul Yakawich Date:June 25 200 7 Re: West Winds Phases 4-8 Lanette, Please find enclosed additional material for the West Winds PUD Amendment and Preliminary Plat Application.that was requested in you June 20,2007 letter. The Below items are attached: • 28 Copies of the revised PUD Amendment Letter • 8 Additional Preliminary Plat Applications If you have any questions please feel free to contact our office Thanks, Paul Yakawich, •Page 1 I • June 20, 2007 MdMesneyi Professional wing . HAWS0671251Pre-plat ph 4,5,61PUD amendmenN070607la_WPUD admendment.doc 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8334 Fax: 406.586.1730 Ms. Lanette Windemaker www.hkminc.com City of Bozeman Planner PO Box 1230 Bozeman,MT 59715 [EC E. D RE: West Winds Planed Community JUN 2 � 2007 Request for Amended PUD Conditions-Revised DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear Ms. Windemaker, The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development. The amendment request is due to a change in land use within the PUD. The original PUD granted the option between senior living facilities and residential housing, see enclosed approved PUD figures,the below PUD amendments are in addition to the approved PUD. • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. These townhouse lots have been replaced with single-family lots. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision by twenty-one(21) dwellings. • Building Height--Chapters 18.16 of the Bozeman unified Development Ordinance. Zone R-3 Residential Medium Density District allows for building heights as follows: ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. ➢ 40 feet for roof pitch of 6:12 or greater but; less tan 9:12. ➢ Finally a maximum height of 42 feet is allow for roof.pitches 9:12 or greater. Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches BILLINGS.MONTANA BUTTE MONTANA BUTTE LABORATORY MILES CITY MONTANA SFERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406234.6666 307.672.9006 307.332.3285 Lanette Windemaker Page 2of3 associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. The current height zoning allows for 38'-0"maximum height for a 5:12 roof pitch. With the requested relaxation, a proposed building height would be approximately 4'taller than currently allowed by zoning. We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion,we are asking for relaxation of the existing height ordinance as stated to allow a 42'-0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. I • Road Change—The original PUD had Winter Park Street connecting with Davis Lane.Winter Park Street has been revised and will no longer intersect Davis Lane. At the intersection of Winter Park Street and Spring View Court a modified cul-de-sac will be placed allowing traffic to travel north and enter Davis Lane off of Tschache Lane. This change should have minimal impact on the .connectivity and traffic circulation due to Winter Park not being a through street. This amendment request is brought on by a request by an adjoining development, Baxter Meadows (west of Davis Lane), as the Winter Park and Davis Lane intersection would impinge on road alignments within Baxter Meadows and Davis Lane. • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.17 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. Enclosed are four different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below descriptions and attached figures are an outline as the final lot layouts could result in a combination of attached figures. Option 1 a Option 1 a incorporates both senior living facilities and single family housing in the I remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane,both amendments to the PUD. I l Lanette Windemaker Page 3 of 3 tion lb The original approved PUD provided both residential and senior living facilities. Option lb incorporates all single-family housing in the remaining phases 4 through 8,with the same PUD amendments in.Option la. tion 2a Option 2a has both single-family housing and senior living facilities,but also has a church parcel within Phase 6. The church parcel,single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. Option 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds. The PUD amendments stated above in Option 2a apply. The following items have been enclosed for your review • Application&PUD checklist with written narrative. • Approved PUD plan • Proposed amended PUD plans(Option 1 &2) • Proposed and approved density calculations • Proposed and approved park calculations • Certified property owners list and map within 200 feet of West Winds PUD and owners within Phases I&II. • One CD of PUD amendment application. HKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. If you have any questions or comments please feel free to contact our office. Sincerely, HKM Engineering Inc. Clint Litle,PE Senior Project Manager cc: Cascade Development CITY ONOZEMAN • 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 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 20, 2007 John Dunlap Cascade Development Inc. 1627 West Main Street, #223 Bozeman, MT 59715 RE: West Winds PUD Phase 4-8 Preliminary Plan Modification; Z-07141 West Winds PUD Phase 4-8 Subdivision Preliminary Plat; P-07028 Dear John: The above-referenced PUD preliminary plan modification and Subdivision preliminary plat applications were received on June 7, 2007, and met the application deadline of 5:00 PM on Tuesday, June 12, 2007. It has been assigned to Contract Planner, Lanette Windemaker. The letter of extension of Section 18.06.040, BMC was received on May 25, 2007. The applications were reviewed in accordance with the submittal checklists and Title 18 of the Bozeman Municipal Code (BMC) and appear to meet the submittal requirements. Therefore, the applications have been deemed "acceptable for initial review. The following submittal materials and/or information need to be provided before Wednesday June 27: PUD Preliminary Plan Modification Application: 1. There are errors in your letter about R-3 height. Please correct the letter to omit references to Chapters 18.22 and 18.24, and correct the R-3 heights to 32, 38,40 and 42. Please email me this letter and provide 28 copies to be attached to the PUD application sets. Subdivision Preliminary Plat Application: 2. 28 sets are required when in conjunction with a PUD. Please provide the additional 8 sets. 3. The number of lots indicated on the application needs to be shown and corrected to equal 253. Please redline this in all of the applications. And provide me with the correction on PDF. The Development Review Committee (DRC) will discuss the applications on three Wednesdays, June 27, July 11 and 18, 2007, at 10 am. Staff recommends that you attend the second and third DRC meetings to answer any questions that may arise. The Design Review Board (DRB) will review the PUD Preliminary Plan application on Wednesday, July 11, 2007 at 5:30 pm. All DRC and DRB meetings are held in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination a We have yet to determine whether the applications and required submittal materials contain the detailed supporting information that is adequate to allow for the review process to continue beyond the DRC and DRB. You will be notified regarding the adequacy of the application on or before July 18, 2007. Once the application is deemed adequate, the Preliminary Plat will be scheduled for consideration by the Planning Board and both applications will be scheduled for consideration by the City Commission and you will be notified of those dates. Please feel free to contact me at 586-5266 if you have any questions. Sinc ely, Lanette Windemaker, AICP Contract Planner Enc: List of Affected Utilities and Agencies Cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715 Page 2 • CIF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY 1 DEVELOPMENT phone 406-582-2260 .� Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street tannin P.O. Box 1230 planning@bozeman.net 9 Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Subdivider FROM: City of Bozeman, Department of Planning&Community Development RE: List of Affected Public Utilities and Local, State, and Federal Government Agencies DATE: June 20, 2007 Below is a list of affected public utilities and those agencies of local, state, and federal government having a substantial interest in subdivisions,proposed within the City of Bozeman, as identified by the City of Bozeman: • Bozeman Director of Public Safety • Belgrade Rural Fire Department • Bozeman Forestry Department • Rae Rural Fire Department • DNRC—State Lands • Sourdough Rural Fire Department • MDOT—Bozeman Office • Bicycle Advisory Board • MDOT—Helena Office • Traffic and Pedestrian Safety Committee • Gallatin County Road Office • Recreation and Parks Advisory Board • Gallatin County Sheriff's Department • Gallatin Valley Land Trust • Gallatin County Planning Office • Farmers Canal Company • County Environmental Health Department • Wetlands Review Board • Other: CAHAB This memo serves as your written notice that some or all of these public utilities, government agencies or other entities may be contacted, in addition to the Bozeman Development Review Committee (DRC), for comment on your subdivision preliminary plat application. The public utilities, government agencies or other entities must submit their comments within 60 days of the subdivision preliminary plat application being deemed complete, or prior to the public hearing before the City Commission,whichever is sooner. Notification of which public utilities, government agencies or other entities were actually contacted to review your preliminary plat application will be provided to you once the subdivision preliminary plat application is submitted and deemed complete. By providing this memo, the City meets its statutory requirement to comply with the following provision in the Montana Code Annotated: Section 76-3-504(1)(q)(iii) The subdivision regulations adopted under this chapter must, at a minimum, establish a preapplication process that requires a list to -be made available to the subdivider of the public utilities, those agencies of local, state, and federal government, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond. i planning • zoning . subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination ` z- o-7/L E N G IN E E R ING June 7, 2007 McChesney Professional Building HAWS067125\Pre-plat ph 4,5,6\PUD amendment\0706071a_lw-PUD admendment.doc 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 Ms. Lanette Windemaker www.hkminc.com City of Bozeman Planner PO Box 1230 Bozeman, MT 59715 RE: West Winds Planed Community Request for Amended PUD Conditions Dear Ms. Windemaker, The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development. The amendment request is due to a change in land use within the PUD. The original PUD granted the option between senior living facilities and residential housing, see enclosed approved PUD figures, the below PUD amendments are in addition to the approved PUD. • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. These townhouse lots have been replaced with single-family lots. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision by twenty-one (21) dwellings. • Building Height -- Chapters 18.1 18.22 and 18.24 f the Bozeman unified Development Ordinance. Zone R-3 Residential Medium Density District allows for building heights as follows: ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. ➢6 feet for roof pitch of 6:12 or greater but ;less tan 9:12. ➢ Finally a maximum height of 4'4 feet is allow for roof pitches 9:12 or greater. Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in architectural scale and clarity and will it to relate better to the steeper roof pitches BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3285 i Lanette Windemaker • • Page 2 of 3 associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over the life of the building. The current height zoning allows for 38'-0" maximum height for a 5:12 roof pitch. With the requested relaxation, a proposed building height would be approximately 4'taller than currently allowed by zoning. We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion, we are asking for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. • Road Change—The original PUD had Winter Park Street connecting with Davis Lane. Winter Park Street has been revised and will no longer intersect Davis Lane. At the intersection of Winter Park Street and Spring View Court a modified cul-de-sac will be placed allowing traffic to travel north and enter Davis Lane off of Tschache Lane. This change should have minimal impact on the connectivity and traffic circulation due to Winter Park not being a through street. This amendment request is brought on by a request by an adjoining development, Baxter Meadows (west of Davis Lane), as the Winter Park and Davis Lane intersection would impinge on road alignments within Baxter Meadows and Davis Lane. • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.17 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. Enclosed are four different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below descriptions and attached figures are an outline as the final lot layouts could result in a combination of attached figures. Option 1 a Option 1 a incorporates both senior living facilities and single family housing in the remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane, both amendments to the PUD. Lanette Windemaker • Page 3 of 3 Option lb The original approved PUD provided both residential and senior living facilities. Option lb incorporates all single-family housing in the remaining phases 4 through 8, with the same PUD amendments in Option I a. Option 2a Option 2a has both single-family housing and senior living facilities, but also has a church parcel within Phase 6. The church parcel, single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. Option 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds. The PUD amendments stated above in Option 2a apply. The following items have been enclosed for your review • Application &PUD checklist with written narrative. • Approved PUD plan • Proposed amended PUD plans (Option 1 & 2) • Proposed and approved density calculations • Proposed and approved park calculations • Certified property owners list and map within 200 feet of West Winds PUD and owners within Phases I & II. • One CD of PUD amendment application. HKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. If you have any questions or comments please feel free to contact our office. Sincerely, HKM Engineering Inc. Clmt Litle, PE Senior Project Manager cc: Cascade Development i N I O Q O 1 T TIs I: I �71 ------------- 70P PLATE - - ' ,• � - J - I - .- TOP m ATE - - J I - I - - Z 6 2-BEDROOM 2-BEDROOM �b I I _ 2-BEDROOM 2•BEOROOM Q Z V UNIT-LIVING ROOM 'DEN ;HALL CLST UNIT-eEDROOM� ' - .WIT- DEN HALL (� Z Z. WING ROOM CLST UNIT-BEDROOM m t i i I � 3RD FLOOR I 3RD FLOOR t 2-8 EDROOM 2-BEDROOM ' I 2-BEDROOM 2-BEDROOM O Z O .DEN :HALL DEN HALL K f n UNIT-LIVING ROOM CLST UNR•BEDROOM� -UNR-IMNG ROOM CLST UNfT•BEDROOMI w I a I F- 00 2ND FR- - - i j j - - 2NDFLOOR_- n. LOO C O MARKETIN HAIL MEN5,RR ;HALL ELEVATOR o c:KITCHEN I !`' iMARKETIN HALL MEN'S RR HALL .ELEVATOR KITCHEN w `:L 1STFLOOR _- -.— Z = n GRADE / � - --- m d BUILDING SECTION - 3.7/12 SLOPE BUILDING SECTION - 5/12 SLOPE D3.24 18--1.0' D3.2a 1(8--V-T � «� W V Q J Q Q Z .F- Z 0 22 21 20 19 22 2.1 — 20 19 .Z �. O :w t I N —TOP PLATE i— —TOP PLATE 3RD FLOOR 3RD FLOOR — — MARK DATE .. Qum 1"IMAY29,2007 A Li m _ I 2NDFLOOR 2N6FL66R - II A II II IIA a _. tl N — poll DATE: APRIL 6th,2007 J06: 66400FILE: 114 ST FLOOR —•— -•. — — ,DRAWN:. JAY.. ISTFLOOR 'CHECKED: I :I' COPYRIGHT ANKROM MOISAN ASSOCIATED ARCHITECTS 2007 a SLOPE STUDIES a 3 ELEVATION - 3.7/12 SLOPE ELEVATION - 5/12 SLOPE D3.24 Ila'.-V-0• D3.24 '1/8•-1.0' a Aeicc�crox- O z� e Z� IZZZ <F °3 D3.24 BULLDING PERMIT SET L I CITY OF POZEMAH *-Y* CUSTOMER RECEIPT Oppr: PROFCASK Tvoe: 8P 0r�.we � l Date- 5/11/07 01 KkeiPt no: 138,151 Descriytiun Uu^nti Amom� DPC8: NISCELLAN[0US FEES �.08 $1.800.00 CASCADE DEVELOPMENT, INC MODS TO PUU Ten er deai] CK CHECK 5R7 $MOW', 7otal teodered $1808.00 Total yaymeot $1888.08 Trans date; 5/87/07 rime: 0-;4C:32 THANK YOU! ` ' E N G I N E E R I N G June 7, 2007 McChesney Professional Building HAOCS067125\Pre-plat ph 4,5,6\PUD amendment\0706071a_Iw-PUD admendment.doc 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 Ms. Lanette Windemaker www.hkminc.com City of Bozeman Planner PO Box 1230 ' Bozeman, MT 59715 RE: West Winds Planed Community D E `=!F.WE Request for Amended PUD Conditions �uN 07 2007 ' DEPARTMENT OF PLANNING Dear Ms. Windemaker, AND COMMUNP DEVELOPMENT The purpose of this letter is to formally request an amendment to the West Winds -Planned Unit Development. The amendment request is due to a change in land use within the PUD. The original PUD granted the option between senior living facilities and ' residential housing, see enclosed approved PUD figures, the below PUD amendments are in addition to the approved PUD. ' • Townhouse Parcels—The original PUD had townhouse lots along Davis Lane. These townhouse lots have been replaced with single-family lots. The changing real estate market has driven this lot change. Amending the lots will decrease the total dwelling units within West Winds Subdivision by twenty-one (21) dwellings. ' • Building Height -- Chapters 18.16 18.22 and 18.24 of the Bozeman unified Development Ordinance. ' Zone R-3 Residential Medium Density District allows for building heights as follows: ' ➢ 32 feet for 3:12 pitches for less. ➢ 38 feet for roof pitches of 3:12 or greater but less that 6:12. .➢ 42 feet for roof pitch of 6:12 or greater but ;less tan 9:12. ' ➢ Finally a maximum height of 44 feet is allow for roof pitches 9:12 or .greater. ' Requested relaxation: allow 42 feet for a roof pitch of 5:12. We would like to submit for consideration a proposed roof slope of 5:12 to help ' the overall presence of the buildings within the West Winds. A change to 5:12 in roof pitch will help the overall appearance of the builds in ' architectural scale and clarity and will it to relate better to the steeper roof pitches ' BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406.234.6666' 307.672.9006 307.332.3285 Lanette Wmdemaker Page 2 of 3 ' associated at the unit decks and other unique architectural points along a building. The higher roof pitch will also allow for the roof to perform better over ' the life of the building. The current height zoning allows for 38'-0" maximum height for a 5:12 ' roof pitch. With the requested relaxation, a proposed building height would be approximately 4'taller than currently allowed by zoning. We would suggest that this should be considered only minor adjustment to the height ordinance due to the fact that the maximum allowed height within the R-3 zone is 42'-0"when utilizing steeper roof pitches. In conclusion,we are asking ' for relaxation of the existing height ordinance as stated to allow a 42' -0" maximum height to be associated with a maximum of a three story structure with main sloped roof pitch of 5:12 or greater as a way to help overall building composition and character but to restrain overall building mass on future development. • Road Change—The original PUD had Winter Park Street connecting with Davis Lane. Winter Park Street has been revised and will no longer intersect Davis rLane. At the intersection of Winter Park Street,and Spring View Court a modified cul-de-sac will be placed allowing traffic to travel north and enter Davis Lane off of Tschache Lane. This change should have minimal impact on the connectivity and traffic circulation due to Winter Park not being a through street. This amendment request is brought on by a request by an adjoining development, ' Baxter Meadows (west of Davis Lane), as the Winter Park and Davis Lane intersection would impinge on road alignments within Baxter Meadows and Davis Lane. ' • Church Parcel—A church has approached the owner of West Winds with a desire to construct a facility within West Winds Subdivision. The concurrent preliminary plat application includes the option for the church parcel. The church parcel is 5.17 acres centrally located with West Winds Planned Community. If the church parcel is not constructed it will revert to single-family housing. rEnclosed are four different options of the remaining phases of West Winds. Each phase incorporates the above PUD amendments and original PUD conditions. The below descriptions and attached figures are an outline as the final lot layouts could result in a combination of attached figures. Option 1 a ' Option la incorporates both senior living facilities and single family housing in the remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane,both amendments to the PUD. r t • Lanette Windemaker • Page 3 of 3 1Option 1 b The original approved PUD provided both residential and senior living facilities. Option ' lb incorporates all single-family housing in the remaining phases 4 through 8, with the same PUD amendments in Option 1 a. tion 2a Option 2a has both single-family housing and senior living facilities,but also has a church parcel within Phase 6. The church parcel, single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. tion 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds: The PUD amendments-stated above in Option 2a apply. ' The followingitems have been enclosed for our review Y • Application&PUD checklist with written narrative. ' • Approved PUD plan • Proposed amended PUD plans (Option i &2) • Proposed and approved density calculations ' • Proposed and approved park calculations • Certified property owners list and map within 200 feet of West Winds PUD and ' owners within Phases I &H. • One CD of PUD amendment application. IIKM also request that the PUD amendments be reviewed concurrently with the preliminary plat application for West Winds Phases 4 through 8. ' If you have any questions or comments please feel free to contact our office. Sincerely, HKM Engineering Inc. . 1 ' Clint Litle, PE Senior Project Manager cc: Cascade Development t T T I q ---------------- TOP PI.IF — — f9r2,T.EDR — I — 1 .— —. ? ry 8 1 2�EDROOM ;DEN :HALL OM �'6 -2AEDROOM LLALL 28EDROOM 2UNR-IMNC ROOM ROOM.: UN R'•UVINC ROOM CLST ,,UNR-BEDROOM v J g p . m i i i O '3RD FLOOR I 3RD'FLOOR 1 i - - ....................... - - ... . 1 - - .- _i - - ..-- ...... zq-f 2AEDR001N MEDROOAA ' 2$EDROOM 2-8EDROOM O h 1 UNR•LIVINCROOM .DEN :HALL CTST UNR•BEDROOM UNR•UVINC ROOM DEN HALL OST UNR-BEDROOM w I I D J' 2NDFLOOR- 6 N. i G � . ' MARY.E'fIN HALL MENS RR ;HALL ELEVATOR :KITCHEN i i MARKETIN HALL .MEN'SRR HALL ELEVATOR KRCHEN 7_ 1 1 ' ' 1 7 F_ 5 O _ _ • ... 15i.FlDOR L Z'� 15F FLOOR � � GRAM 1 . . . . . . .. F � / '-tee a 3.i. -- ------------------ -- ------- �' C 0 1 BUILDING SECTION - 3.7/12 SLOPE BUILDING SECTION -5/12 SLOPE ra•- i 1 w Q J 1 J .Q Z .Q 7- Z < O< 22 21 2Q T9 22 2.1 2.0 19 :E :Z TOLELATE- -. - - - - -TOP PLATE. MARK DATE MARCH 1:5,.2007. MAY 29,2007 .-3RD FLOOR I .. .. 3RD FLOOR. -2ND FLOOR ........... --���� � -2ND FLOOR: - DATE: APRIL 6dr,1007 - LOB: (i6400: _ 'FfLE:• D314 'DRAW •' iST FLOOR "- ISF FLOOR N:..JAY....- 'CHECKED: �... I :1' I I. I. .I 1 I- I :ASSOCUTED.AROWEC COPYRIGHT'AIJKROM MO M=7SAN STUDIES SLOPE ar� ELEVATION - 3.7112 SLOPE 4 ELEVATION - 5/12 SLOPE q, D3:24 VB 1'-0• • sancacno" _ _ D3.24 9/8"-v_w 4 xemcacmn 4 tip. 1 D3.24 ' BUILDING PERMIT SET L • • West Winds PUD Amendment Mav 2007 1 Application and Narrative r ' E N G I N E E R I N G • • CITY OF 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.bozemon.net DEVELOPMENT REVIEW APPLICATION ' 1.Name of Project/Development: West Winds Planned Community ' 2.Property Owner Information: Name: Cascade Development Inc. E-mail Address: jdunlap@cascadehomes.com Mailing Address: 1627 West Main Street Suite#223;Bozeman,MT 59715 Phone: 406-585-9230 FAX: 406-556-1257 3.Applicant Information: Name: Same as above E-mail Address: Mailing Address: ' Phone: FAX: 4. Representative Information: Name: HKM Engineering Inc E-mail Address: clide@hkminc.com ' Mailing Address: 601 Nikles Dr. Suite#2;Bozeman,MT 59715 Phone: 406-586-8834 FAX: 406-586-1730 5.Leg r al Description. NW 1/4,Section 2,T2S,R5E,P.M.M, Gallatin County MT ' 6. Street Address: Located at the NW quadrant of intersection of Oak Street and North 27th Avenue,Bozeman,MT 7. Project Description: To amend an approve Planned Unit Development for West Winds Major Subdivision. Amendment includes lot change to all single-family, road change,and option for a church parcel. 8. Zoning Designation(s): R-3 9. Current Land Use(s): Residential Subdivision/Agricultural 10. Bozeman 2020 Community Plan Designation: Residential Page 1 Appropriate Review Fee Submitted ❑ 11. Gross Area: Acres: 161.3 Square Feet: 12. Net Area: Acres: 85.51 Square Feet: i 13. Is the Subject Site Within an Overlay District? ❑ Yes, answer question 13a ❑r No,go to question 14 13a. Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor ' 14.Will this application require a deviation(s)? 0 Yes ❑ No ' 15.Application Type (please check all that apply): ❑O.Planned Unit Development-Concept Plan ❑A.Sketch Plan forRegulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B. Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan. ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ' ❑E.Special Temporary Use Permit ❑T. Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ' ❑G. Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H. 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 i ❑N.Administrative Interpretation Appeal ✓❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee i (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/z-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This ' application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. 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S`:. � ., i..� ._,y�.�.._u..�..._. ._.__ d a`¢�4 tri.:��v '�rd' rtYt;3��1"ta��T�.xr •<�}� ' '+ �- �,:�,syty,37' A?�i 3�i S�t?.E Ii �.�r r v t.�-r�c�•--�°,r,; ;;, t t N � r .._. .,..<....,a,.5..._._.L'_..,..�.?^�__ti�i..!.iy`.;.z�t:_x�.�"a ' is '• 1 ' 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 returned 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, ❑ ❑ ❑ 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 he 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 9 ❑ ❑ 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 ❑ ❑ 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 ❑ X ❑ 1 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) 0 0 ' PUD Preliminary Plan Information,continued Yes No I 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 he flat for reviewing and organized in the following 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 ❑ 29 ❑ 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 ❑ R ❑ 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 t and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC i b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ® ❑ feet of the site ' 6. 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 0 ❑ ❑ 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 t information in Section 18.78.050.L, 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 A proposed draft of a legal instrument containing the creation of a property owner's 0 ❑ ❑ 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. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: I PUD Final Plan Information Yes No N/A ' 1. 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) ❑ ❑ ❑ b. Lot fines,easements,public rights-of-way as per subdivision plat ❑ ❑ ❑ ' C. Attorney's or owner's certification of ownership ❑ ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑ ❑ ' I conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ❑ ❑ ❑ on the site plan 3. 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 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 t 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 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 I ' Page 5 1 West Winds Plan Unit Development 1 PUD Amendment May 2007 The following is a narrative of items within the Planned Unit Development Checklist for the West Winds PUD Amendment. B.1-a-Application form enclosed B.1-b-The owner/applicant of the remaining Phases within West Winds PUD is 1 John Dunlap, Owner Cascade Development, LLC 1 1627 West Main Street Suite 223 Bozeman, MT 59715 1 B.1-c-The proposed PUD Amendment will be zoned R-3 as in the approved PUD. The amended PUD will decrease the overall density of West Winds, as the remaining phases will consist of single-family housing, senior living, and/or a church parcel. The approved 1 PUD is in compliance with the City's Growth Policy. BA-d-The proposed open space within West Winds Subdivision will be owned and maintained by the Homeowner's association. 1 B.1-e- If the owner of the remaining phases changes, the lot layout and intended use will remain the same, as preliminary plats which are being file concurrently with this PUD Amendment. 1 B.14--The remaining phases of West Winds Subdivision is residential housing, and will not directly create employment. B.1-g-The rationale behind the PUD amendment is listed below: 1 Townhouse Parcels—The original West Winds PUD had townhouse lots adjacent to Davis Lane. These parcels have been replaced with single-family lots. This change has been made to address current market forces. iRoad Extension-- The original West Winds PUD had Winter Park Street connecting to Davis Lane. Based on a request from the owners of Baxter 1 Meadows (adjacent to west), that connection has been removed to address road alignment issues with Baxter Meadow. The owners of West Winds support this change, in that Winter Park Street is not a through street and the alteration should ' have minimal impact on connectivity and circulation within the project. Church Parcel Option-- Option 2 incorporates a 5.17-acre church parcel within 1 Phase VI and all single-family housing within Phases V &VII. This alteration is in response to a request by a local church to build a facility within the West Winds. The proposed site is adjacent to the senior housing facilities and the 100- 1 acre regional park. If a church is not constructed at the site it will revert to single- family per option 1. 1 1 B.1-h-The are no additional deviations requested with the PUD Amendment other the ' deviations granted in the approved PUD B.1-i-Conflicts with the change of land use is expected to be minimal since the change is decreasing the density of the development. The amendment to the PUD will require a ' public hearing with the City Commission where objections to the land use will be addressed. B.1-j-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 perimeter arterial and collector streets will have bike lanes for ' both east/west and north/south bicycling traffic. B.1-k-Phases I & II of West Winds have been constructed, Phase III is under construction and the remaining phases are expected to proceed on an annually or bi-annually basis depending upon the housing market. B.1-1-The original approved PUD Master Plan is enclosed with the proposed PUD Amendment plans. ' B.2-a-Refer to approved West Winds PUD B.2-b-Refer to approved West Winds PUD B.2-c-Refer to approved West Winds PUD B.3-a-Refer to approved West Winds PUD B.3-b-Refer to approved West Winds PUD B.4-a-Refer to approved West Winds PUD BA-b-Refer to approved West Winds PUD BA-c-Refer to approved West Winds PUD BA-d-Refer to approved West Winds PUD B.5-a-Refer to approved West Winds PUD B.5-b-Refer to approved West Winds PUD B.6-This PUD Amendment has been submitted concurrently with Preliminary Plats for Phases VI,V, VI, VII, &VIII. B.7-The traffic impact analysis was completed with the origional approved PUD. An ' updated traffic study has been completed and has been submitted to the planning department with this application. B.8-Refer to approved West Winds PUD ' B.9-Refer to approved West Winds PUD 1 i i West Winds PUD Amendment May 2007 i 1 1 1 Approved PUD Layout 1 i 1 1 1 E N G I N E E R I N G r _ 'U V.A ? 5 i— 34 L L SLi3� 35 Of TANe[—MINOR TERIA L) L 4P/'A HEDGEROW �� 3 ` a � , l , ic , ci ; , Ill L__L_1__L_J L JII TRADEWINDLANE r__r__j---7__F_J__j F-T—F-7-T-7-1 TRADE II FLURRY LANE F__F7--T--F—j-7 F—I77--r� ................ LLJ BUD', ' ' ! f TSCHACHE LANE T BULB CE LAW. —I—FT—T-1-7 F—F-7-- F� 1 4 11 AUTUMN G90VE STREET ' — ---- -E—j---}---{—�- ��r ��—� J 1 \ I r T TSCHACHE LANE Lj /� j WeNwaTERR 114 A* S-) BREEZE LANE I SENIQR LIVING AREA ti BREEZE LANE L---- --- I Icy BBLESTONE j TEIVEff C0UI:rr Hilli - ---------7-:- Z=---- -------------------------- -7--------- _--------- --—-—-—-—-—- - ----------------------------T-----------------OAK STREET !PRINCIPAL ARTERIAL)------------------- ----------------------------------- I �'i.4w:'..-- -----7----------------------------------------------- f-' '=---------------- --------------------------- CENTER OF S. 2 1 .5�1� 0S LEGEND WEST WINDS COMMUNITY PROPOSED PARKS NW 114 SECTION 2, T.2.S., R.5.E., P.M.M. EICISTING WETLANDS Y,TOWNHOUSE GALLATIN COUNT MONTANA E—H G .....IN a 0 SINGLE FAMILY -N- HKM EngIneerIng Inc. OUPM-FOURKU muun-FAMILY APARMENT McChesney Professional Bldg. SENIOR ASSISTED AND MULTI-FAMILY LAND USE PLAN 601 Nildes Dr.,Suite 2 Bozeman,MT 59715 (406)586MU 20( 200 FIGURE 2.1 FAX(406)586-1730 ecole rod DATE. MAR 31.2OD5 PROECT NO.04SO87.110 Copyfght 0 2005 HKM EngIneorIng hz.All Righto Rea o& rX -------- 71 M ' _ 35 — — — — — — — 3q BA X fEif LANE !MINOR A R TERIA L) 7 ffi7 10F 1 P11711111 T I -j F F j L J-J--L --ft-tfiW LQiE 4J F-77-77-1 r IN, I-I-r -4 J -—- TW bkel E LNEI II I , [-77-T-T-T-1 FT-777- APV'CfUAAaLE V O&S FPJMT -- ---- ___-- -4' 1 F- . . . . . . ----TBCHAe L-me -MNTEffPAd9I*STREEr---, --- 111-4 ' J = ----- I -T-7-1 I 7=-, T-t -I S-) I - II11-4 2EPKM I OFF T---T7 -4 77- 1 FTFT� "-A\\--- V 1 - - _ --------- --- REA ESTOPIE 17 rc." - ----------------------—-------------=-=----------iZ---------7_-_Z------- ---- ---7-� ------ --------------- ------ ' ? — - ----------------------------- OAK STREET 1PRINCIPAL ARTERIAL)------------------------t---- -------------------- --------------------------------------------- ------------- -A OF S. 2 CENTER-1-7 7 1 LEGEND WES T WINDS COMMUNITY I PROPOSM PAWS NW 114 SECTION 2, T.2.S., R.S.E., P.M.M. DOSTING%ETLANDS TOVMOUSE GALLATIN COUNTY, MONTANA ENGINEERING 0 SINGLE FAMILY -N- HKM Englneedng Inc. 0 DUPLEX-FOURPLEN MULTI-FAMILY McChesney Professional Bldg. APARMENT LAND USE PLAN 601 Nildes Dr.,Suite 2 .9 W RESIDEN TIA L AL TERNA TI VE Bozeman,MT 59715 (406)586a34 zoo 0 2W FIGURE 2.1.A -1730 Owe DAM' MAR31,2W5 -T- -- FAX(406)586 Copylght 0 2005 HKM Englneertnq Ina,AD RIghte Reetovad. West Winds PUD Amendment May y 2007 1 1 1 Proposed PUD Amendment Options r r . ' E N G I N E E R I N G 1 West Winds PUD Amennment May 2007 ' Description of Options P P ' To date Phases 1 through 3 have been constructed to West Winds approved PUD with the senior living option. Below is a description of the remaining phases provided the PUD amendments are acceptable, see figures attached. The PUD amendment shall provide for the layouts listed below or a combination thereof. tion 1 a Option 1 a incorporates both senior living facilities and single family housing in the remaining phases 4 through 8. There are no townhouse lots and Winter Park Street does not connect to Davis Lane,both amendments to the PUD. tion lb ' The original approved PUD provided both residential and senior living facilities. Option lb incorporates all single-family housing in the remaining phases 4 through 8,with the same PUD amendments in Option 1 a. ' Option 2a Option 2a has both single-family housing and senior living facilities, but also has a church parcel within Phase 6. The church parcel, single-family housing, and the non- connection of Davis Lane and Winter Park Street are amendments to the PUD. Option 2b Option 2b has the church parcel and all single-family housing with the remaining phases of West Winds. The PUD amendments stated above in Option 2a apply. r r ' E N G I N E E R I N G 4 34 , L 3 35 BAXTERTANE�[MIJVOR ARTERIAL) I XV i _ i� HEDGEROW COURT TRADE WIND LANE ' I , ` TIA I-J I TRADE%VIND LAW 11 FLURRY LANE 8 ; r T-SCHACHE LANE TURBULENCE LANE L AFFORDABLE AAM GROVE STRUT t 4 TSCHAcHE LANE 113 %4 z BREEZE LANE 1 11 I yl Q%j 8 BREEZE LANE I 1 BBLESTONE i I ICI � � ��' I I . 1 TEWE COURT . Q - - t I �"�3 7- --------- -7----------------OAK S TREE T (PR/NC/PAL A R TERIA L)----------------------------------------------------------- . J-7 i ------------------- r-77, ---- -- - ... ---------------------- ------ ----- - -------------- 77--,-,7 ------------ CENTER OF S. LEGEND WEST WINDS COMMUNITY P NW 114 SECTION 2, r.2.S., R.5.E., P.M.M. PROPOSED TRAIL SYSTEM P OPOSED LOT UNE GALLATIN COUNTY, MONTANA PROPOSED PARKS ENGINEERING DOSTING WETLANDS -N- SINDLE FAMILY HOUSING HKM Engineering Inc. SENIOR LIVING PROPOSED 'PUD ' i McChesney Professional Bldg. TOVMHOMAMES/SCTOMNDOMINIUMS 601 N!Wes Dr.,Suites A MENDMEN T - OP TION la Bozeman,MT 59715 SD-3 (406)586aU 200 200 FAX(406)586-1730 scale fast, DATE-' APRIL 2007 PR—CT.0.045067.110 o tpyight 0 2006 HIOA Engineering 1—,All Right.Raven A I I I I I � rtt i ! _— 35 ��•�•� BAXTER LANE fM/NOR ARTERIAL) I J —_ ..�.. _ 2 - COURT TRADE WIND LANE - -� a�X 4' I I I TRADE LA'PID LANE - ( ' I FLURRY LANE ITVITIJa I ! - i � 8 I TSCHACHE LANE -, TURBULENCE LANE ' ! I -- ---- -- - tt AFFORDABLE ' I I AUTUM GROVE STREET tt • � I ! 4 • � � �•• .-.•may.--- ` rscHACHE LANE � IDA WINTER I W t W ZEPHYR LANE �. �, I I, ! t - =I I BREEZE LANE I � I JI I I •• � ,� � f �I � • N BREEZE LANE • �1',, �' I U G BBI.EBiOI,E [ I • SQUALL LANE / I TEMPEST COURT M I � I I' •I I , _ i� co e _ _ ^ --------=----------_---------�...�.� --��STREET PR/NC/PAL ARTERIAL)--�------ ----��s----------------------F-s-$ ' o - --_--- - - - - - ----_ ..�. - -- — - -- -OAK S 6 '......', CENTER OF S. 2 .... ....... LEGEND WES T WINDS COMMUNI T Y PROPOSED TRAIL SYSTEM NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED! LOT LINE S PROPOSED PARKS GALLATIN COUNTY, MONTANA a ENGINEERING DOSTIN 0 � EwsnNc WETLANDS -N- HKM Engineering Inc. 0 SINGLE FAMILY HOUSING PROPOSED PUD uW McChesney Professional Bldg. 0 SENIOR ASSISTED LIVING 0 TOWHOMES/CONDOMINIUMS 601 Nikles Dr.,site z AMENDMENT - OPT/ON 1b Bozeman,MT 59715 (406)586-88U 200 o zoo SD-3 FAX(406(586-1730 EI ! o scale feet DATE: APRIL 2007 PRQ£CT N0,045067.110 C.PxigAt 0 2008 HKM Engineering Ina,All Rights Reserved 13 4 .... .......hUJO' ..... —7 R 34j — — — — —' 35 W TA--Nk M#Ndk-�—AR TERIA L) ' , / ;',% MTflT HEDOEROW COURT TRADE WND TRADE IAM LANE • FLURRY LANE .......... TSCHACHE LANE co TURBULENCE LANE AFFORDABLE AAM GROVE STREET ' ! lftssesss�— CHURCH PARCEL TSCHACHE LANE '90 WINTER PARK -4 �I 8 i� I I BREEZE LANE I I yl �I I ' ,' 's BREEZE LANE B M-ESTONE TEMPEST COURT a II I , Q � � i 7-: ------- ---------- ------------------- -------- 3ssexx� 2:k ------------ ---------------------------------------- ----------------- ----------------OAK STREET (PRINCIPAL ARTERIAL) -------------------------------------------------------- [=-7. -7- FL---- ---1----------- -------- -o '+`: ,I .. I - - - - I I i I i II i I `` i .'�i!ii i'.....•/ . ......... 6 ....... CENTER OF S. 2 LEGEND WEST WINDS COMMUNITY ' � ——— PROPOSED TRAIL SYSTEM NW 114 SECTION 2, T.2.S., R.51E., P.M.M. PROPOSED LOT U PROPOSED PARKSNE GALLATIN COUNTY, MONTANA ENGINEERING DOSTING WETLANDS -N- HKM Engineering Inc. SINGLE FAMILY HOUSING SENIOR ASSISTED LIVING PROPOSED PUD McChesney Professional Bldg. TOWNHOMES/CONDOMINIUMS601 NilJes Dr.,Suite 2 AMENDMENT - OPTION 2a Bozeman,MT 59715 (406)5868834 SD-3 200 200 FAX(406)586-1730 Cale feet I DATE. APRIL 2007 PRMCT NO.04SO67.110 Cop)right 0 2006 HKM Engineering In.,All Rights Rene—& -4 .......... ............... j3L 35 �—AR MEMO I IT IN it I HE Do EROW COURT C TRADE WM LANE A, TRADE it I FLURRY LANE a .......... TSCHACHE LANE TURBULENCE LANE Ilk AFFORDABLE CHURCH PARCEL TSCHACHE LANE 01) IT-—--—-- -----•_._ � �— I � � it o ' =I BREEZE LANE 01 of i �', 1 � �I � � � ,� 'I BBLESTONE 3 TEMIEST COURT o —------------------------7-=----------7-=7--- ---7- — ———— ———— ... ---------------------------r-7----:---------OAK STREET MRINCIPAL A.4TERIAL)----------------------------------------------------------- .-- ----- --------—---—--------------------------------- ------- L ........... ft j CENTER iOF S. 2 LEGEND WEST WINDS COMMUNITY ' � ——— PROP TEM NW 114 SECTION 2, T.2.S., R.5.E., P.M.M. PROPOSED LOT LINE PROPOSED PARXS GALLA TIN COUNTY, MONTANA ENGINEERING jamposon PROPOSED TRAIL SYS E)GSTING WETLANDS -N- HKM Engineering Inc. 0 SINGLE FAMILY HOUSING SENIOR ASSISTED LIVING PROPOSED PUD McChesney Professional Bldg. TOWNHOMES/CONDOMINIUMS 601 NiMes Dr.,Suite 2 A MENDMEN T - OP TION 2b Bozeman,MT 59715 (406)586MU 200 0 200 SD-3 FAX(406)586-1730 Mia "cad. feet DATE. APRIL 2007 P.—CT NO. Copyright 0 2008 HIGA Engineering Ins..All Rights Reseived. West Winds PUD Amendment May 2007 ' Approved and Proposed Density and Parkland Calculations i E N G I N E E R I N G West Wind Planned Unit Development Project Density Calculation Approved PUD Land Use Net Land Area Net Density Estimated D;U./Ac. ;Dwelling.Units Senior Residential Multi-Family 22.52 8.88 200 Skilled Nursing Facility 6.49 23.12 150 Subtotal 29.01 350 Residential Single Family 33.15 6.21 206 Townhouse 13.61 11.02 150 ' Multi-Family 9.74 13.46 131 Subtotal 56.49 487 Total 85.51 9.79 837 Amended PUD (Option 1a) Senior Residential Multi-Family 22.52 8.88 200 Skilled Nursing Facility 6.49 23.12 140 Subtotal 29.01 340 Residential Single Family 35.65 6.40 228 Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 kSubtotal 54.54 489 Tota 1 83.55 829 Amended PUD (Option 1 b-Phases 4 through 8 Single-Family) Senior Residential Multi-Family 3.51 5.13 18 Skilled Nursing Facility 3.18 31.45 100 Subtotal 0.00 118 Residential Single Family 58.32 5.40 315 Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 Subtotal 77.22 576 Total 77.22 694 r 1 • • West Wind Planned Unit Development Project Density Calculation (cont.) Amended PUD(Option 2a -Phases 4 through 8 Single-Family&Senior w/Church Parcel) Senior Residential Multi-Family 22.52 8.88 200 Skilled Nursing Facility 6.49 23.12 140 Subtotal 29.01 340 Residential Single Family 32.20 6.40 206 Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 Subtotal 51.10 467 Church 5.17 0.00 0 Total 85.28 807 Amended PUD(Option 2b-Phases 4 through 8 Single-Family w/Church Parcel) Senior Residential Multi-Family 3.51 5.13 18 Skilled Nursing Facility 3.81 26.22 100 Subtotal 29.01 118 Residential Single Family 55.06 5.78 318 Townhouse 9.30 13.33 124 Multi-Family 9.60 14.28 137 Subtotal 73.96 579 Church 5.17 0.00 0 Total 108.14 697 Table Notes: 1- Net land area excludes roads and parks. 1 1 • • 1 West Wind Planned Unit Development Project Park Calculation Total Net Park Land Provided in Approved PUD=19.07ac Total Net Park Land Provided in Amended PUD=19.26ac(19.15ac option 2) Approved PUD Land Use Net Land Area Estimated Net Estimated Park Area (Ac.) Densit DU/Ac Dwelling Units Re ui[d Ac. Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 150 0.00 Residential Single Family 33.15 6.00 206 6.18 Townhouse 13.61 11.00 150 4.50 Multi-Family Standard 4.89 13.00 62 1.86 Multi-Family Affordable 4.84 14.00 69 0.53 Total 85.51 9.80 837 19.09 Amended PUD(Option 1a) Senior Residential Multi-Family 22.52 9.00 200 6.00 ' Skilled Nursing Facility 6.49 23.00 140 0.00 Residential Single Family 35.64 6.40 228 6.84 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Total 83.55 79.41 829 19.13 Amended PUD(Option 1b-Phases 4 through 8 Single-Family) Senior Residential Multi-Family 3.51 5.13 18 0.00 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 58.32 5.40 315 9.45 Townhouse 9.30 13.33 124 3.72 1 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Total 84.55 77.79 694 15.74 1 ' . • 1 West Wind Planned Unit Development Project Park Calculation (cont.) Amended PUD(Option 2a-Phases 4 through 8 Single-Family&Senior w/Church Parcel) Senior Residential Multi-Family 22.52 9.00 200 6.00 Skilled Nursing Facility 6.49 23.00 140 0.00 Residential Single Family 32.20 6.40 206 6.18 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.17 0.00 0 0.00 ' Total 85.28 79.41 807 18.47 Amended PUD(Option 2b-Phases 4 through 8 Single-Family w/Church Parcel) Senior Residential Multi-Family 3.51 5.13 18 0.00 Skilled Nursing Facility 3.81 26.25 100 0.00 Residential Single Family 53.15 5.72 304 9.12 Townhouse 9.30 13.33 124 3.72 Multi-Family Standard 4.97 13.68 68 2.04 Multi-Family Affordable 4.63 14.00 69 0.53 Church 5.17 0.00 0 0.00 Total 84.54 78.11 683 15.41 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. 3-Developer reserves the right of Cash-in-lieu if parkland is found to be inadequate. r r r r r West Winds PUD Amendment May 2007 i Certified Property Owners 1 r E N G I N E E R I N "G �� r � CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST r , I, PAv L /A K A%-/i c H , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all, individual condominium owners) within 200 feet of the property located at AW 7H s a, 1� TZ S� R SE wc's-r Wttcos R..dtigo CoMmvNttY, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature r (Certificate of Adjoining Property Owners List—Prepared 11/20/03;Revised 9/22/06) r r CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST hereby certify that, to the best of my ' knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners)within 200 feet of the property located at r , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List—Prepared 11/20/03;Revised 9/22/06) 1 ... -.: •1200' FRO WEST WINDS PU { n`o yo 34 - - 3 II I I HEDGEROW COUir it TRADE MID LATE I I II IITRADE WIND LANE I FLIWRY LATE II �ITSCHAC}E LANE v TURBULENCE LANE 1LIG . 3 AUTbMN GROVE STREET ..� I • •TSCHAChE LANE WPrTIER PARK STREET I 1 --- 1B EIRSE2E LAPS I I • II i 1BREEZE LANE it l I a 1 BBLESTONE. P - - _ - - - n - - •�..�..�..��..� •�..�..� ,�.i .��• �..a.�., ..te r.�...�.'.��Y __ ________________ T ------------------ ---_-__-__-_____-_-______-__-______ - �::; :°;•.�.. - : - --- H ......_ ... .. .. — j CENTERSr. 2 LEGEND WEST WINDS COMMUNI T Y a 200'FROM NEST VANDS PUD NW 114 SECT/ON 2, T.2.S., R.5.E., P.M.M. PROPOSED PHASE UNE GALLATIN COUNTY, MONTANA n eHclHeeRING -N-m HKM Engineering Inc. LANDOWNERS UST INCLUDES PUD A MENDMENT McChesney Professional Bldg. OWNERS WITHIN WEST WINDS n601 Mes Dr.,Suite 2 (AMENDED PUDDOPTION T SHOWN) ADJOINING LANDOWNERS Bozeman,MT 59715 N (406)586-883l SD-3 FAX(406)586-1730 _ DALE: APRIL 2007 PROJECT N0.045087.110 o C.p)dght 0 2006 HKM Engl—ing Inc,All Right.R—d. r � � State of Montana Department of Highways Northwestern Homebuilders LLC Ronald L Torgerson 11 West Fieldview Circle P.O. Box 537 2701 Prospect Ave. Bozeman, MT 59715-7189 Lewistown, MT 59457-0537 Helena, MT 59601-9746 Carl H Vandermolen Brandon P Calder Gordon &Leesa W Gregory 56 Park Plaza Drive 1627 W Main Street#307 2807 Allison Court Bozeman, MT 59715-9343 Bozeman, MT 59715-4011 Bozeman, MT 59718-6053 1 Fellowship Baptist Church William &Patricia Livi Hookey Erin L Krell r2165 Durston Road 6912 Mogollon Drive 2813 Allison Court Bozeman, MT 59718-2740 Bozeman, Mt 59715-9596 Bozeman,MT 59718-6053 lRidge Investments LLC Andrew&Tami McLaughlin Douglas J &Diane F Aita P.O. Box 11077 3144 Hillcrest Drive 1226 Hunters Way Bozeman, MT 59719-1077 Bozeman, MT 59715-0689 Bozeman, MT 59718-6042 Kenneth & Shelly S Williams Morales Company HVAC Inc. Matthew L&Angela R Jamison 1000 Abigail Ranch Road 343 Lower Rainbow Road 1229 Hunters Way 'Bozeman, MT 59715-0600 Bozeman, MT 59718-8122 Bozeman, MT 59718-6043 rJohn Dunlap Arlee Green Construction Inc. Michael P Renaud 94 Little Wolf Road 1013 Woodland Drive 2803 Allison Court Bozeman, MT 59715-8740 Bozeman,MT 59718-2765 Bozeman, MT 59718-6053 Norse Valley Limited LLP Jon&Michele Oakland Dragan Danevski &Bojana Susak t15 S Church Ave. 532 Little Wolf Road 2811 Allison Court ozeman,MT 59715-4719 Bozeman,MT 59715-8743 Bozeman,MT 59718-6053 James Walden Vector Group LLC Robert L&Lois Gilbert 1576 Buckrake Ave. P.O. Box 160165 1234 Hunters Way Bozeman, Mt 59718-6247 Big Sky, MT 59716-0165 Bozeman, MT 59718-6042 Lenneth Williams Dawn Lindbom Nicole Wood 1000 Abigail Ranch Road P.O. Box 6203 1235 Hunters Way lBozeman, MT 59715-0600 Bozeman, MT 59771-6203 Bozeman, MT 59718-6043 tustin Mund &Kenneth Gibson Double Down LLC Corcoran Building LLC 144 Peace Pip Drive 5200 Bozeman Trail 8246 Huffine Lane ozeman, MT 59715-0630 Bozeman, MT 59715 Bozeman, MT 59718 Kevin W &Emily A Galyen HI Desert Inn Inc. JXM Design & Construction LLC 3025 John Deere Street PO Box 351 3172 Lily Drive Bozeman, MT 59718-5918 Tonopah, NV 89049 Bozeman, MT 59718-6088 Staggwood Homes LLC David Fuqua Martin &Heidi Balus ' 1510 Bluebird Lane 2106 Buckrake Avenue 1579 Gale Court Bozeman, MT 59715-9293 Bozeman, MT 59718 Bozeman, MT 59718 Gallatin Center Limited Partnership Justin Leuer Castlebar Limited Partnership 220 W. Lamme St. Ste. 1F 66 West Alexa Court 413 West Idaho St. Ste. 201 Bozeman, MT 59715 Bozeman, MT 59718-6617 Boise, ID 83702 lirview Investment LLC L&B Builders LLP Jason Zalac 1725 Desales St. Ste. 900 6760 Sypes Canyon Road 410 '/2 North I I'h Avenue Washington DC 20036-4404 Bozeman, MT 59715-7797 Bozeman, MT 59715 MP Construction William &Betty Anne Sippel Michael &Kathleen Harrison 11 E Main Street Suite D 12711 W Allegro Drive 2731 Allison Court. Bozeman, MT 59715-6205 Sun City West, AZ 85375-4228 Bozeman, MT 59718 Harvest Creek Sub Phases 10 & Dave &Adelaide Astrom Oscar N&Janis A Dean 'Open Space Master General Delivery 3831 Lincoln Road 6590 Davis Lane Bozeman, MT 59718-9999 Santa Barbara, CA 93110 Bozeman,MT 59718-8864 Helvey Homes Inc. Baxter Square Sub PUD Ph 1 &2 Evert &Jamee Wierda Open Space Master 67 Cayuse Trail 13707 Camp Creek Road zeman MT 59718 General Delivery Manhattan MT 59741-8619 ' Bozeman,MT 59718-9999 ' 1ABV Land Development Inc. Bozeman Congregation ofJehova John F &Karen J Sheady 1612 W Main Street 5405 Baxter Lane E Fozeman, MT 59715-4012 13.67 Thomas Drive Bozeman, MT 59718-8805 Bozeman, MT 59718-8565 Imelvin &Deborah Benner Christopher Awe Steven &Deannel Smith 24240 Via Lenardo 2723 Allison Court 2717 Allison Court IYorba Linda, CA 92887-4920 Bozeman, MT 59718 Bozeman, MT 59718 ter Meadows Development Gallatin County William and Dianne Peterson . Box 81487 311 West main 3221 Baxter Lane Billings, MT 59108 Bozeman, MT 59715 Bozeman, MT 59718 wry and Dorothy M. Brekke James and Elizabeth Drummond Ronald and Janice Lewis 31 Baxter Lane East P.O. Box 3652 2875 Baxter Lane Bozeman, MT 59718 Bozeman, Mt 59772 Bozeman, MT 59718 hn and Karen Sheady Robert J. and Janet M. Swenson City of Bozeman 75 Baxter Lane 4959 Durston Road P.O. Box 1230 zeman, MT 59718 Bozeman, Mt 59718 Bozeman, MT 59771 r D & D Palmer, LLC Michael and Sarah J. Stiff Kevin T and Erica H. Okragly West Fieldview Circle 3077 John Deere Street 3109 John Deere Street zeman, MT 59715 Bozeman, MT 59718 Bozeman, MT 59718 Lather Glenn James W. and Carol S. Ellis Carlos Mansilla and Rocio Bellido 3123 John Deere Street 3135 John Deere Street 3161 John Deere Street zeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Jerry Allen Anderson Revocable ntral Resource Group, LLC Jon Braxton 04 17th Ave. South 1 Living g Misty Lane Trust 3225 John Deere Street eat Falls,MT 59405 Bozeman, MT 59718 Huntington Beach, CA 92649 Ouiifer Lowell Jennifer Nicole Simpson Katherine Derzay W. Box 960 3210 John Deere Street 3172 John Deere Street Manhattan, MT 59741 Bozeman, MT 59718 Bozeman, MT 59718 1 Jesse, Steve and Kymm Stark Xianming Shi Laurie Sullivan-Chapman and I40 Pryor Creek Road 3142 John Deere Street Bobbie J. Sheetwood ntley, MT 59037 Bozeman MT 59718 3116 John Deere Street ' Bozeman, MT 59718 ;roy and Knsta M. Purcell Michael and Bntta Schwarz Chad E. Rupplmger 04 John Deere Street 206 Mountain View Drive 1293 New Holland zeman, MT 59718 College Place, WA 99324 Bozeman, MT 59718 Itoria E. Garcia &James R. Sally Patricia A. Turner Norse Valley Limited, LLP 1275 New Holland Drive 1251 New Holland Drive 115 South Church l�zeman, MT 59718 Bozeman, MT 59718 Bozeman, MT 59715 Ites Walden Brian Gabriel and SMC, LLC Mineral Avenue Sarah Jeanne Jones-Popiel 1970 Stadium Drive, Suite C Bozeman MT 59715 1411 South Rouse Bozeman MT 59715 ' Bozeman, MT 59715 ' i r � ichael & Stephanie Bishop J. Stanley Horton Westworks Building Company, Inc 37 Hilllcrest Drive 5398 Henrys Lake Road P.O. Box 10053 ozeman, MT 59715 Island Park, ID 83429 Bozeman, MT 59719 r revor S. Smith Helvey Homes, Inc. Cascade Development 04 Holly Drive 9267 Cayuse Trail 2504 West Main, Suite P ozeman, MT 59715 Bozeman, MT 59715 Bozeman, MT 59718 r Benjamin &April Ganser Richard &Nancy Ojala Roger Craft t 37 Allison Court 2741 Allison Court 1100 Mountain Ash zeman,MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Lid Barnard Matthew Bischof BTR LLC PO Box 614 1506 Gale Court 300 N. Wilson Ave. Ste 605F s,MT 59729 Bozeman,MT 59718 Bozeman, MT 59715 1atthew Morley Heartwood Homes RS Bearrow Construction 64 Gale Court PO Box 5337 11 Pathfinder Trail zeman, MT 59718 Bozeman, MT 59717 Bozeman, MT 59718 rBoxy Chase Jodanna&Tanner Sessions Northwest Homebuilders LLC 325 1183 S. 800 W. 11 W. Fairview Circle Bozeman, MT 59771 Woods Cross,UT 84087 Bozeman, MT 59715 r Ian & Shelby Frye Scott & Wendy Zeadow Arlee Green Construction L4eman, 2 Buckrake Ave. 51 Kelly Court 1626 Buckrake Ave. MT 59718 Bozeman, MT 59718 Bozeman, MT 59718 Paul & Claire Menshaus Andy&KarenHung Mike &Kara Albrecht tispel, Liahona Lane 1603 Gale Court 1026 New Holland Drive MT 59901 Bozeman,MT 59718 Bozeman, MT 59718 jancis &Nancy Laughlin Arno Green Laura Dunlap 1612 Buckrake Ave. 1626 Buckrake Ave. 1634 Buckrake Ave. Izeman, MT 59718 Bozeman,MT 59718 Bozeman, MT 59718 Ins Fortin Colby Heiser Dianna Koch 88 Glenwood Drive 1587 Tempest Court 4515 Cascade Street Bozeman, MT 59718 Bozeman,MT 59718 Bozeman MT 59718 1 r1nald &Renee Russell 0 Viburnum Lane Asheville, NC 28803-3243