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Home My WebLink About638300223912411885) Z-04050A. West .Trends +? Mods ftoYPUD� ?�� '' .N'o'rthwest'of``the ersect{or ,;o�0ak'�St /N27th'Ave. ` Cascade Development "! June- 3Zb.05'E�"'.�"-` fit-''Y`:�'r��'k' •`�'-�t b 0 cn 0 D r. File Fc d— SP411.1/3 FILE REVIEVr SHEET CITY COMMISSION PROJECT DECISION L v "ile Name: WC, WAVQ)A--, p U�File Number. `a-Q({O5d A Zeference Files: Date Date Done N/A Due Done By DRC initial week review/public comment period begins ❑ DRC second week review ❑ DRC final week review ❑ ADR or DRB review- if applicable -- ❑ DRB staff report due- if applicable ❑ WRB review- if applicable ❑ Comments from other review agencies due ❑ Notice to applicant and adjoiners (not less than 15 or more than 30 working days � 7 ❑ before the City Commission hearing) 1 Post notice (not less than 15 or more than 30 working days before the City I !C ElCom mission heann� 1 Newspaper notice (not less than 15 or more than 30 working days before the City 6 /b-(ir � ( � ElCommission hearing) (mil `( City Commission staff report due Lp raq ❑ City Comunission hearing date Jc �l r ❑ Final approval letter to applicant ❑ 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 Date Final Site Plan due: [mprovements Agreement required? ❑ Yes ❑ No Date returned: Date of Final Site Plan approval: Date Final Site Plan approval expires: Date financial guarantee received: Date financial guarantee expires: Date financial guarantee released: Date Temporary Occupancy is granted: Date Final Occupancy is granted: - 14 - r ' Responding to Commissioner Kirchhoff, Mr. Phil Sparks stated that discussions regarding master planningyforthe larger hospital site are ongoing. The plan submitted in 1996 provided'for residential, light commercial,and,he Ith care facilities; and this proposal is consistent with that.He noted that the hospital has had discussions,with Western Mental Health for a couple of years and supports this application. He concluded by stating the t ospit l hopes to have a master plan for the entire property completed in the next twelve to eighteen months and wig Ilshare that document when it is c6 pleted. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman,,seconded by Commissioner Kirchhoff, that the Zone Map Amendment requested by Farmhouse Partners for Bozeman Deaconess Hospital under Application No.Z-05080,to amend the zoning from"R-S", Resiclerfia Suburban,to"R-O",Residential—Office,on 11.53 acres described as Tract 3, Certificate of Survey,,No. 2047�and Tract 1A-1, Minor Subdivision No. 162B, subject to the following conditions: �� 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24- by1,36-inch mylar zone map titled�East Meadow Zone Map Amendment," an 8'/2-by 11-inch or 8'/2-by 14-inch papermap and a digital copy to the Planning Department containing the metes and bound'4egal description, total acreage, and adjoining rights-of-way and/or street access easements, acceptable to the Dir�o`r�of Public Service. \� 2. The ordinanc'�e for the Zone Map Amendment shall not be drafted until the applicant provides,a metes and bounds legal description and a map of the area to�be re- zoned;which will be utilized in the preparation of the ordinance to officially amend the`City of Bozeman Zoning Map The motion.carned by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff,Commissioner Hietala,Commissioner Krauss and Mayor Cetraro;those voting No, none . Conditional Use Permit to amend previously approved Planned Unit Development - amend West Winds Subdivision Planned Unit Development to delete Condition No. 27, pertaining to affordable housina and.assisted.1iving.,and-amend-Condition-No.34-pertaining.to•parkland-dedication- HKM Engineering for Cascade Development (161.3 acres:general ly•bounded.by-West Oak Street:North—i 27th Avenue, Baxter Lane and Fowler Avenue) (Z-04050A) This was the'time-and-place set for the public hearing on the Conditional Use Permit to amend the previously-approved West Winds Subdivision Planned Unit Development, as requested by HKM Engineering for Cascade Development under Application No. Z-04050A, to delete Condition No.27,which states "The Section 42 Affordable Housing and the Assistant Living, as depicted in the plan, shall remain in the PUD plan"and the amend Condition No. 31, to read "The City of Bozeman will accept the 11-percent calculation for parkland dedication for the affordable Seetion-42 housing lots as long as it includes some very low income housing." The subject property is described as the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, and is bounded by West Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She reminded the Commissioners that when they reviewed the original application last fall, an affordable housing project was included, and that project was counted toward the points for the planned unit development. The applicant is now requesting that the conditions of approval be amended to allow for the provision of that affordable housing by an alternative developer rather than the applicant. She reviewed the applicant's request for revisions to the conditions, noting that they include deleting Condition No. 27, amending Condition No. 31, and adding five 07-05-05 S 0 - 13 - i 16. PRVs shall be installed at all connections to the existing water system on the south end of thesubdivision. 17. That the final plat contain the following notation that is readily visible with lettering, at a minimum height of 1/8-inch, placing future landowners of individual lots on notice o1e presence of high groundwater in the area: Due to the potential of high ground water tables in the area,'of the subdivision, it is not recommended that residential dwellings/with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the`certification of residential and commercial construction." 18. The applicant sh1 II continue groundwater monitoring and shall provide data from the highest groundwater testing period for Commission. /`/The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman,Commissioner Kirchhoff,Commissioned etala,and MayorCetraro;those voting No, none. Zone Map Amendment - amend zoning from "R-S". Residential—Suburban, to "R-O", Residential— Office,on 11.53 acres lying along the west side of Haggerty Lane,south of its intersection with Ellis Street- Farmhouse Partners for Bozeman Deaconess.Hospital (Z-05080) This was the time and place set for th`\public�hearing on the Zone Map Amendment requested by Farmhouse Partners for Bozeman Deaconess Hospital under Application No.Z-05080,to amend the zoning from "R-S", Residential—Suburban, to "R-O", Residential—Office, on 11.53 acres described as Tract 3, Certificate of Survey No.2047;and Tract 1 A-1, Minor Subdivision No. 162B. The subject property lies along the west side of Haggerty Lane, south of its intersection with Ellis Street. Public hearing Mayor Cetraro opened the publl/hearing. Planning Director Andy Epple.presented the staff'report for Associate Planner Jody Sanford. He noted the subject parcel is a portion,of the Bozeman Deaconess Hospital property and is located adjacent to the Comstock Apartments along the southwest side of Haggerty Lane. He stated that under this application, the subject 11.53-acre parcel is to be rezoned from "R-S", Residential—Suburban, to "R-O", Residential—Office, to allow for'the development of mental health professional services, offices and living facilities in a mixed use setting'. The proximity of this site to the Bozeman Deaconess Hospital lends itself well to this type of use. // The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval,subject to the standard conditions. He noted that the Zoning Commission reviewed this application at its June 21 meeting, at which time�members questioned the lack of a master plan for the balance of the hospital property. After determining�hat the master plan may be more appropriately considered in conjunction with a specific proposal for development, the Zoning Commissi 'oncurred in staff's recommendation. Mr/Dab Dabney, Farmhouse Partners, stated the proposal is to subdivide the subject 11.53-acre parcel into two equal parcels, with half of the acreage being used for the mental health facility, which is a greatly�needed facility in the community, and the other half being used for roughly�33 to 35 single-family detached small homes to be sold for$150,000 to$200,000. He then stated that,as the\owner of the 86-unit apartment complex adjacent to this site;and he wishes to make sure what happens on`this site is in keeping with his high-quality apartment project. He is comfortable with the Western Mental Health facility on the adjacent parcel, noting it will be a well done project and well run. No one was present to speak in opposition to the requested zone map amendment. 07-05-05 - 15- new conditions. She noted that staff has carefully considered each of those proposed conditions and has identified disagreement with some of those conditions. She reviewed the staff findings on each of the proposed conditions and concluded by highlighting the additional condition recommended by staff. The new conditions, as requested by the applicant and staff are as follows: 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, CAHAB, and HRDC. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. The sale price for the affordable parcel shall be limited to 45% of the appraised value, based on comparable multi-family parcels in Bozeman. 3. The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under(18.36.090.E.(7.)(a.), to meet the twenty(20) PUD performance points. However, the actual development density of the affordable housing parcel may vary dependant upon the type of affordable housing that is needed in the community as determined by the City of Bozeman, CAHAB, and HRDC. 4. Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 100%built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.),to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 5. In the event that the Assisted Living, as depicted in the plan, 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. 6. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement for the development of the "affordable housing parcel'. Mr. John Dunlap, applicant, stated the revisions to the conditions are being requested to eliminate the reference to the provisions of affordable Section 42 housing lots due, in part, to the fact that it can take up to three years to get those monies for a project. He noted the staff has pointed out that under the unified development ordinance, a prorata of constructed units in each phase must be affordable and, under this language, construction in Phase I I I cannot be started until the prorata number of units in Phase II has been provided. He indicated that the conditions he has proposed were his attempt to find a way to offer affordable housing while meeting the required points for a planned unit development. Responding to Commissioner Krauss, Mr. Dunlap stated that the proposed deed restriction would provide the assurance that the affordable housing would be provided but would allow him the flexibility he desires in developing the overall site. He noted that once the restriction is in place, he can sell the parcel where the affordable housing is to be provided and allow that developer to complete the project. He then indicated that under Option B, there would be fewer units than originally anticipated, thus triggering a requirement for less parkland than is being provided. Further responding to Commissioner Krauss, Mr. Dunlap stated that a 29-acre campus is being provided for the senior assisted living facility, and approximately 150 units are to be constructed on that parcel. Mr. Clint Litle, HKM Engineering, highlighted the reasons for proposing each of the five conditions and then addressed the condition recommended by staff. He questioned what type of document the staff 07-05-05 - 16 - is seeking under No. 6 and expressed concern that, the way the conditions are written, his client's fate is in the hands of another developer because he does not personally do affordable housing projects. .Ms. Caren Roberty, HRDC, stated she has been talking to Mr. Dunlap and applauds his desire to provide affordable housing within his subdivision to get his required planned unit development points. She agrees that reference to Section 42 needs to be removed. She noted that affordable housing meeting community needs can be provided in a variety of ways, and reference to Section 42 limits that flexibility. She acknowledged that the HRDC and Community Affordable Housing Advisory Board do have some concerns about the proposal to implement a price cap and the number of units projected for the property. She concluded by asking that the Commission not take action on the requested modification at this meeting, but that the decision be delayed to give HRDC an opportunity to work with the applicant on an offer to purchase the property. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Kirchhoff, Associate Planner Morris stated there is no time limit for Commission action on this application,since it is a zoning application. She then indicated that the applicant has asked for expedited review on the affordable housing portion of the project. Commissioner Krauss expressed his support for deleting reference to Section 42. He then stated that, if the last line in new Condition No. 4 is deleted, it is important that Condition no. 6 be retained. He noted his interests are ensuring that the 20 points for the planned unit development are met and that the parkland requirement is met. Responding to Commissioner Krauss, Associate Planner Jami Morris stated that when staff did the original calculations for parkland requirements, skilled nursing units were not being considered. She then noted that, with townhouse lots, more parkland may be required or a density cap can be added to require that the number of residential units be based on the parkland provided. She noted that it is important to make that determination at this time so that building permits can be issued. Responding to Commissioner Krauss,Associate Planner Morris stated that any affordable housing developer will stress that only a certain amount can be paid for land when providing affordable units. She indicated that the proposed 45-percent cap will ensure that those affordable units are provided. Commissioner Youngman suggested that the Commission act on staff recommendations at this time, noting that the HRDC will still have time to negotiate with the developer. Responding to Commissioner Kirchhoff, Associate Planner Morris stated that the applicant is seeking modifications to the conditions of approval to provide flexibility in development and an opportunity to construct a project that responds to the market at that time. Responding to Commissioner Krauss, Caren Roberty stated that the CAHAB provides market data and identifies community needs, but serves in an advisory capacity only. Responding to Commissioner Krauss, Mr. John Dunlap requested that the greatest amount of flexibility possible be provided rather than trying to define strict parameters for development of the affordable housing portion of the project. He cautioned that limiting flexibility could be result in problems meeting the required number of points on a portion of the project over which he has no control. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss,that the Conditional Use Permit to amend the previously-approved West Winds Subdivision Planned Unit Development, as requested by HKM Engineering for Cascade Development under Application No. Z-04050A, be approved by adding and amending specific conditions as follows: plan,27. The Seefien 42 Affordable I lousing and the Assistant Living,as depieted On the she" remain On the PUE) plan. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable =�n 42 housing lots so long as it includes some very low income 07-05-05 housing. In the event the affordable housing,units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.), to meet the required PUD performance points and the balance of the parkland(from the 11%rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off- site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 35. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel"as identified in the final PUD plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman, with input from the, CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 36. Calculations and an exhibit shall be submitted prior to final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements forthe zoning district and fulfill the 20 Planned Unit Development performance points. 37. Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing determined by City of Bozeman,CAHAB,and HRDC for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space(18.36.090.E.(7.)(b.),to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 38 In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 39. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement for the development of the "affordable housing parcel" The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro;those voting No, none. Preliminary plat for Creekwood Subdivision-subdivide 37.66 acres located at 2215 Bridger Drive into 53 single-household lots - Gaston Engineering & Surveying for Snowload LLC (P-05016) This was the time and place set for the public hearing on the preliminary plat for Creekwood Subdivision, as requested by Gaston Engineering & Surveying for Snowload, LLC, under Application No. P-05016, to subdivide 37.66 acres located in the East one-half, Southeast one-quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, into 53 single-household lots. The subject property is located along the north side of Bridger Drive, approximately one mile east of its intersection with Story Mill Road, and is known as 2215 Bridger Drive. Public hearing Mayor Cetraro opened the public hearing. 07-05-05 - 18- Associate Planner Jami Morris presented the staff report. She stated that this subdivision plat is being reviewed concurrently with the planned unit development, which is the subject of the next public hearing. She noted that a majority of the subject property is zoned"RS", with five acres being zoned "R-1", and the entire parcel is to be developed under a planned unit development. She highlighted the relaxations being sought, including a requested density bonus to allow a total of 53 dwelling units on the "RS" zoned portion of the site, relaxations to the block lengths and block widths, allowing the park to have a street frontage of less than 50 percent, and stated that these relaxations are a part of the planned unit development process. She noted that Bridger Creek runs through the northern portion of the property, and the parkland is adjacent to the creek with several spur trails throughout. She indicated that two parking areas are proposed, to provide for access to the park and trail system. The Associate Planner stated that staff has reviewed this application based on the applicable criteria set forth in the Bozeman Municipal Code, and staffs comprehensive findings are contained in the written staff report. Based on those findings,staff has forwarded a recommendation for approval,subject to several conditions. As a result of the Planning Board's review and findings, the applicant has modified the plan, relocating the parking lot so it lies outside the floodplain boundary. The Planner noted the kiosk,trail, picnic shelter, and sidewalk can remain within the setback. The Associate Planner concluded by noting the applicant has proposed an alternative to looping of the water main which requires a further relaxation; however, that relaxation is to be considered at a future date since it was raised after this application had been advertised and was being processed. Mr. Sean Shahan, applicant, stated that they have incorporated neighborhood comments and concerns into the design for this subdivision and development and have worked with the city staff and advisory boards in both informal and formal meetings. He noted their intent is to create a truly pedestrian- friendly subdivision that helps residents of this subdivision and adjacent subdivisions to access the golf course via a trail system. He noted that under this proposal, the creek and riparian area are protected while providing for public access to these amenities. He concluded by voicing his concurrence with the staff report and a willingness to respond to questions. Ms. Kathy Campbell, 2205 Bridger Drive, submitted a letter, stating she is in support of the current plan. She noted they are the only neighbors immediately adjacent to the subject property, and she appreciates the concern the applicant has shown in the use of this land as well as their concerns for privacy. She finds the current layout, which includes curved streets, is preferable to a grid system and provides a nice transition from Bridger Canyon into Bozeman. She also prefers having public access to the parkland and trail system funneled through a couple parking lots, thus minimizing impacts on the existing neighbors. She asked that the proposed alley in the Legends Subdivision not be extended along the eastern boundary of their property. She then concluded by expressing concern about the current speeds on Bridger Drive and asking that the City do whatever it can to have a reasonable speed limit established and enforced. No one was present to speak in opposition to the proposed subdivision. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Krauss stated that,while he would prefer design underwhich there was public right- of-way along the park and public open space, he will support this subdivision as proposed. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat for Creekwood Subdivision, as requested by Gaston Engineering&Surveying for Snowload LLC under Application No. P-05016, to subdivide 37.66 acres located in the East one-half, Southeast one-quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, into 53 single-household lots, be approved subject to the following conditions: 1. The watercourse,wetlands and watercourse setback shall be identified as "common open space" on the final plat and shall not be dedicated to the City. The applicant shall provide a public access easement for all "common open space"areas. 07-05-05 ., C OF BOZEMAN . D ARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net July 8, 2005 Cascade Development Inc. 1627 West Main Street, Suite 223 Bozeman,MT 59715 Re: West Winds Final Plat PUD MOD #Z-04050A On Tuesday, July 5, 2005 the City Commission conditionally approved the requested modification to an previously approved Conditional Use Permit for a Planned Unit Development application for the unified development plan of a 161.30 acre subdivision for property 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 proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, .safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. 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 Sege 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 die 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 die affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. planning • zoning - subdivision review annexation - historic preservation - housing grant administration - neighborhood coordination 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'. The new Conditions for a Conditional Use Permit lists all of the conditions applicable to this subdivision. The new Conditional Use Permit must be signed,notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD must be approved before the Final Plat will be deemed complete for Phases 1A and 1B. Please call me if you have any questions regarding the conditions, code provisions, or the final site plan approval process. Respectfully, Jami Morris, Associate Planner JM/)m Enclosure cc: HKM Engineering Inc., 601 Nikles Drive,Suite 2,Bozeman,MT 59715 Page 2 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT REVISED CONDITIONS OF APPROVAL FORA CONDITIONAL USE PERMIT FOR WEST WINDS PLANNED UNIT DEVELOPMENT WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the Cityof Bozeman to establish a unified development plan of a 161.30 acre subdivision with the following requested relaxations from the Cityof Bozeman Unified Development Ordinance:a)Section 18.50.020 "Park Requirements" to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots;b) Section 18.16.020.B"Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R-3" zoning district; c) Section 18.42.030.0"Double/Through and Reverse Frontage"to allow double frontage lots adjacent to the arterial and collector streets;d) 18.42.040.B "Block Length"to allow the block lengths to exceed 400 feet; e) Section 18.42.040.0`Block Width" to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; f) Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots;and g)Section 18.44.090.D.3 "Spacing Standards for Drive Accesses"to allow residential lots that front on Hunter's Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street,to be separated less than 660 feet. WHEREAS,the subject propertyis legallydescribed as the NW'/a,Section 2,T2S,R5E, Gallatin County,Montana;and WHEREAS,the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure and shall constitute restrictions running with the land. West Winds PUD #Z-04050A PAGE 1. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT WHEREAS,the Conditional Use Permit is subject to the following conditions: 1. A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park 2. Mid-block trail crossing along Oak Street will not be pernutted. 3. Htuiters Way(from Baxter Lane to Oak Street)shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park,park fixtures,trails, etc.,until such time that a Park Maintenance District,or similar form of funding,is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan,whichever comes fast. 6. The Final Site Plan, including a Final Park Plan,shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false facade,a sidewalk connection to each building,and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street,Baxter Lane,27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6" river rock and wet root tolerant plant types. 12. A one foot"no access"easement shall be provided along Baxter Lane,Oak Street,271h Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback West Winds PUD. #Z-04050A PAGE 2 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision maybe filled in exchange for the existing vegetation being transplanted,as reasonably feasible,from the filled wetland to the Cattail Creek wetlands,under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development, or a combination thereof. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified.Lots shall not be platted within the 100 year flood plain..Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow off at anytime and without notice. 18. Additional information is needed prior to approval of the Phase I improvements.The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with.Oak Street.The Traffic StudyReport shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road,along the property boundary,shall be improved,as part of this development,to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built byBaxter Meadows.West Oak Street, along the property boundary, shall be improved, as part of this development,to one half of a principal arterial standard and shall match the section built 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 West Winds PUD #Z-04050A PAGE 3 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter,and 6 foot wide sidewalk will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The"riparian" corridor shall be maintained within the median planned for Fowler Avenue. 23. No existing mature vegetation within the watercourse setback,wetlands,park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods . to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. More detailed Development Guidelines shall be provided with the Final PUD Plan. 28. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 29. The 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. 30. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable housing lots so long as it includes some very low income housing. 31. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. West Winds PUD #Z-04050A PAGE 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 32. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Conarnssion does not support the large arras of open space along the arterial stn& 33. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 34. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. 35. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel' as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only,as defined 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. 36. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 37. Prior to filing the final plat for the last phases of the West Winds PLO, the affordable housing parcel shall be 1006/o 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 paycash-in-lieu for additional open space (18.36.090.E.(7.)(b.)to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 38. In the event that the Assisted Living,as depicted in the plan,is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate bythe City Commission. 39. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the "affordable housing parcel'. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of Conditional Use Permit approval shall be binding upon me,the undersigned owner of the subject property,my successors or assigns, as long as the subject property is developed under the terms and West Winds PUD #Z-04050A PAGE 5 —CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT conditions established by the City Commission in their approval of the West Winds Planned Unit Development. DATED THIS DAY OF ,2005. LANDOWNER Cascade Development Inc. by John Dunlap Managing Member STATE OF MONTANA ) :ss County of Gallatin On this day of ,2005,before me,the undersigned,a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be the Managine . Member of Cascade Development, Inc the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set myhand and affixed my Notarial Seal the day and year first above written. (SEAL) Printed Name Notary Public for State of Montana Residing at: Bozeman,Montana Commission Expires: (Use 4 digits for expiration yearI West Winds PUD #Z-04050A PAGE 6 performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The point schedule, submitted on April 8, 2004 suggested that all 20 performance points would be met with a 114 unit Section 42 affordable housing project. However, points are only awarded for constructed affordable units. The developer has indicated in his submittal materials that he lacks the expertise and time to construct the necessary units. Instead he would like to "provide a platform upon which affordable housing can be built" by providing "affordable real estate" (paragraphs 1 and 4,page 2 of the applicant's narrative). RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis,@ Planning Staf�find�that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 1. At the time of final plat a deed restriction shall be placed on the "affordable housing parcel" as identified in the Final PUD Plan. a, re tri�tmhfhe parcel to affordable housing only, e deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. ^�3. 'P . 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. 4. Prior to filing the final plat for the last phases of the West Vr , the affordable housing r s e 10 °o b 't-out based on the affordable housin etexnuned by City of Bozeman, or.the parcel. In the event that 100% of the affordable housing units are not _ uIrt p or to the filing of the final plat for the last phase of the PUD, the developer shall pay cash- GA `° in-lieu for additional open space (18.36.090.E.(7)(b) to meet the required PLTD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable 41A c�unonly. wQ #Z-04050A West Winds CUP/PUD Modifications Staff Report 5 5. 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 n�Y off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the � City Commission. 6. Prior to Final PUD Plan approval the developer shall provide written evidence of a good XO faith agreement with an affordable housing developer and a concept plan for the 'r�• development of the "affordable housing parcel". Additional Considerations: In the event condition#4 is approved, as proposed by the applicant (page 3 of the staff report), & then condition#31 should be further modified to require the balance of the parkland at the per unit factor. Condition #31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable cep housing lots so long as it includes some very low income housing. In the event the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer shall pay cash-in-lieu for additional open space 18.36.090.E.(7.)(b.) to meet the required PUD performance points and the balance of the parkland (from the 11% rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. CONCLUSION/RECOMMENDATION The DRC, DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Applicant's Submittal.Materials Report Sent To: Cascade Development Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, MT 59718 HKM Engineering Inc.,601 N&des Drive,Suite 2,Bozeman,MT 59715 #Z-04050A West Winds CUP/PUD Modifications Staff Report 6 5. 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. 6. 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". Additional Considerations: In the event condition#4 is approved, as proposed by the applicant.(page 3 of the staff report), then condition #31 should be further modified to require the balance of the parkland at the per unit factor. Condition #31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable ce�;z housing lots so long as it includes some very low income housing. In the event the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer shall pay cash-in-lieu for additional open space 18.36.090.E.(7.)(b.) to meet the required PUD performance points and the balance of the parkland (from the 11% rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. CONCLUSION/RECOMMENDATION The DRC, DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which. are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Applicant's Submittal Materials Report Sent To: Cascade Development Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, MT 59718 HKM Engineering Inc., 601 Nikles Drive, Suite 2,Bozeman,MT 59715 #Z-04050A West Winds CUP/PUD Modifications Staff Report 6 performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The point schedule, submitted on April 8, 2004 suggested that all. 20 performance points would be met with a 114 unit Section 42 affordable housing project. However, points are only awarded for constructed affordable units. The developer has indicated in his submittal materials that he lacks the expertise and'time to construct the necessary units. Instead he would like to "provide a platform upon which affordable housing can be built" by providing "affordable real estate" (paragraphs 1 and 4,page 2 of the applicant's narrative). RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 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, . The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 0 ef the appraised value, based-eii 3. the type ef affer4able heusing that is needed in the ee.'__', — deteffr�ned by the City ef , and HRPQ 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 minimm u lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 4. 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 determined by City of Bozeman, 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. #Z-04050A West Winds CUP/PUD Modifications Staff Report 5 • 5. 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. 6. 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". Additional Considerations: In the event condition#4 is approved, as proposed by the applicant (page 3 of the staff report), then condition#31 should be further modified to require the balance of the parkland at the per unit factor. Condition #31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable cep housing.lots so long as it includes some very low income housing. In the event the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer shall pay cash-in-lieu for additional open space 18.36.090.E.(7.)(b.) to meet the required PUD performance points and the balance of the parkland (from the 11% rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. CONCLUSION/RE COMMENDATION The DRC, DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Applicant's Submittal Materials Report Sent To: Cascade Development Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, MT 59718 HKM Engineering Inc., 601 Nikles Drive, Suite 2,Bozeman,MT 59715 #Z-04050A West Winds CUP/PUD Modifications Staff Report 6 performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The point schedule, submitted on April 8, 2004 suggested that all 20 performance points would be met with a 114 unit Section 42 affordable housing project. However, points are only awarded for constructed affordable units. The developer has indicated in his submittal materials that he lacks the expertise and time to construct the necessary units. Instead he would like to "provide a platform upon which affordable housing can be built" by providing ."affordable real estate" (paragraphs 1 and 4,page 2 of the applicant's narrative). RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 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, The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 0 ef the appfuised value, based-en 3. lea dens:.... t der-(18.36.09G.E.(7)(a) te fneet the yvRnt y(2G) PLIP peffeffnanee—peilm the-type-ef-a€€efd&ble-le g-4iat is-needed in the e . deter ed by t4ae Qy 4 . 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. 4. 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 determined by City of Bozeman, 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. #Z-04050A West Winds CUP/PUD Modifications Staff Report 5 CITY COMMISSION STAFF REPORT WEST WINDS CUP/PUD MODIFICATIONS ..'FILE NO. OZ-04050A Item: Zoning Application #Z-04050A, a modification to a Conditional Use Permit Application for a Zoning Planned Unit Development to amend the conditions of approval on property bound by Baxter Lane, Oak Street, 27h Avenue and Davis Lane and zoned "R-3" Residential, Medium Density District. Y Property Owner. Cascade Development,Inc. 3825 Valley Commons Drive, Suite 4 Bozeman,MT 59718 Applicant: HEM Engineering Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 Date: Before the Bozeman City Commission on Tuesday,July 5, 2005 at 7:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman,Montana. Report By: Jami Morris,Associate Planner Recommendation: Conditional Approval PROJECT LOCATION The subject property is described as NW'/a,Section 2, T2S,R5E, Gallatin County,Montana located between Baxter Lane, Oak Street, 27`h Avenue and Davis Lane. The site is approximately 161.30 gross acres and is zoned"R 3," Residential Medium Density District. Please refer to the following vicinity map. #Z-04050A West Winds CUP/PUD Modifications Staff Report BP` -3 R-1 BP B_ BN(TER PLI S �C -� E. PROPOSAL The Conditional Use Permit application for a Zoning Planned Unit Development to establish a unified development plan for a 161.30 acre subdivision for the development of which originally included 213 single- household, 92 townhouse, 5 multi-household and 8 senior assisted living lots with the following requested relaxations from the City of Bozeman Unified Development Ordinance: a. Section 18.50.020 "Park Requirements" to allow the park area for the affordable housing lots to be based on 11% net buildable area instead of 0.03 acres per dwelling unit; b. Section 18.16.020.B "Authorized Uses" to allow assisted living/elderly care facilities and apartments within the "R 3" Residential Medium Density zoning district; c. Section 18.42.030.0"Double/Through and Reverse Frontage" to allow double frontage lots adjacent to the arterial and collector streets; d. Section 18.42.040.B `Block Length" to allow the block lengths to exceed 400 feet; e. Section 18.42.040.0`Block Width" to allow the minimum block width to be less than 200 feet for the blocks with Restricted Size Lots; and f. Section 18.42.180.0"Number of Restricted Size Lots Required" to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots. The applicant now requests the following modifications to the conditions of approval for a Conditional Use Permit: Delete Condition #27: The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan,shall remain in the PUD plan; and Amend Condition #31 to read: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien 42 housing lots so long as it includes some very low income housing; Add the following Conditions: 1. A deed restriction will be placed on the parcel that restricts the use of affordable housing as defined by City of Bozeman, CAHAB, and HRDC. The current PUD condition requires HUD Section 42 housing. Based on conversation with HRDC this limits affordable housing opportunities for the #Z-04050A West Winds CUP/PUD Modifications Staff Report 2 parcel. This condition will provide the opportunity for a diverse type of affordable housing that best fits the current needs of the community. Through this deed restriction, the parcel will always be limited to use as an affordable housing project. Planning Staff finds this altamtiw ger,-rally a&wable The pawl in question is noit part of the first t uo subdzusion phases and therefore no deed restriction could be pug on the parad w&d it is c mmi The phasing for the subdiusion could dram and we would be unable to get the deal restriction in a tinily n u Ter We therefore reconrvrend a prmnion e ng a&ad ur for m&w glan a&wnnerrt with an affordable housing agenc1v 2. The sale price for the affordable parcel shall be limited to 45% of the appraised value, based on comparable multi-family parcels in Bozeman. It is important to keep in mind that no additional park area will be required for an affordable project with West Winds Park meeting the parcel park allocation,therefore the area provided is net buildable area. Planning Staff is agreeable to this amduwn The dezeloper preucusly agreed to a density cap to mod the anuwr cf parkland dedication The City Q"rnssion fzsrthergranted the developer the opportunity to adadate the parkland for the affordable howling tract at the 11% rate instead of 0.03 acres per dwelling wit; The parkland will be caladated at the 11% rate and will be cupped based on the arrm?r qf parkland prodded Tbere ii no expectation that the City would rewire additional parklandfrom an affordahle housing dezelooer but zee should stick to the ongwauy agmxl upon language n$xnding the parkland cal<zrlations. 3. The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under (18.36.090.E.(7.)(a.) to meet the twenty (20) PUD performance points. However,the actual development density of the affordable housing parcel may vary dependant upon the type affordable housing that is needed in the community as determined by the affordable housing firm developing the parcel. Planning Staff agrees to the general premise gf the =dition but it is nvm appwpnate for the City Gf Bozamn, CA HA B and HRDC to deternire the appropriate type of affordable housing instead(f the dadoper. 4. Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 50% built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 50% 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 value of cash-in-lieu for open space is used to meet PUD performance point requirements, the parcel will develop as a standard multi-family project and the above requested additional conditions will not apply. The deu4er dog not want to construct the affordable units as raged to rret the PZiD perfmmrxe po=. This condition does not proude the lewl of m yr nvr rz expel given the nuumer of approwd relaxations for the sub usion If the developer is only on the book until 50% build out then there is no uay to guaramx that all of the dwelling units are constructed to nxet the 20 point re tare7mrt Wore he is finished kith the subdizisim Instead Planning Staff uould neconvrend that 100% of the writs nwt be commatedpnor to fiwiplat of the lastphase of the subdizision A dditwnall)� zee can agrre that in the eze&the affordable wits are not constructed prior to the final plat of the last phase then cash-in-lxu cf open space shourld be pmuded However, the lot shoedd vermin deed restnaed for affordable housing #Z-04050A West Winds CUP/PUD Modifications Staff Report 3 • 5. 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. Planning Staff suppom the S W Residential A lternatize design as an altemiaw to the assisted lining prgj a Hw zer, this adds a considerable mnier of extra dwelling units. The dadloperpreuowly agred to a density cap and no pa7kland was adadated for the dwelling units in tlx skilled nursing faahty The altenutize adds a considerable rnrar qf extra dwelling units. Therefor, if the assisted lining is not corestructsd then additional parkland sbo dd be reqtdred msite; ef--site or as caslri* lwm ZONING DESIGNATION&LAND USES The subject property is zoned "R 3," Residential Medium Density District. The intent of the "R 3" district is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: Currently vacant but will be developed with duplex to five-plex building configurations on townhouse lots in Baxter Square Subdivision PUD, zoned "R 3" (Residential Medium Density District)and single-household residences in the County, zoned "A S" (Agricultural Suburban District). South: Single-household residences in Harvest Creek, zoned "R 1" (Residential Low Density District) East: Single Household Residences and agricultural uses, zoned "R 3" (Residential Medium Density District) and agricultural uses in the County zoned "A S" (Agricultural Suburban District). West: Currently vacant but will be developed with single-household residences in Baxter Meadows Subdivision PUD,zoned"R 3" (Residential Medium Density District) and the Regional Park on property zoned"PLI" (Public Lands and Institutions). ADOPTED GROWTH POLICY DESIGNATION The property is designated Residential. The Residential land use designation denotes areas where the primary activity is urban density living quarters. Section 18.36.090"Planned Unit Development Design Objectives and Criteria" In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall,in approving a planned unite development,find favorably as follows: a. All Development All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives , and criteria of the mandatory"All Development" group. 7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn thirty points. Points may be earned in any combination of the following. The applicant shall select the combination of methods but the City may require documentation of #Z-04050A West Winds CUP/PUD Modifications Staff Report 4 • performance, modifications to the configuration of open space, or other assurances that the options selected shall perform adequately. (a) Provision of affordable housing: Two points for each percent of constructed dwellings in the residential development; OR - One point for each constructed dwelling or lot donated to the City; (b) Additional open space: One point for each percent of the project area that is provided as non-public open space; or one and one quarter points for each percent of the project area that is provided as publicly accessible open space. The point schedule, submitted on April 8, 2004 suggested that all 20 performance points would be met with a 114 unit Section 42 affordable housing project. However, points are only awarded for constructed affordable units. The developer has indicated in his submittal materials that he lacks the expertise and time to construct the necessary units. Instead he would like to "provide a platform upon which affordable housing can be built" by providing "affordable real estate" (paragraphs 1 and 4,page 2 of the applicant's narrative). RECOMMENDED CONDITIONS OF APPROVAL Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended: 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, CAHAB, and HRDC. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. The sale price for the affordable parcel shall be limited to 45% of the appraised value, based on comparable multi-family parcels in Bozeman. 3. The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under (18.36.090.E.(7.)(a.) to meet the twenty (20) PUD performance points. However,the actual development density of the affordable housing parcel may vary dependant upon the type of affordable housing that is needed in the community as determined by the City of Bozeman,CAHAB, and HRDC. 4. Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 5. In the event that the Assisted Living, as depicted in the plan, 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 #Z-04050A West Winds CUP/PUD Modifications Staff Report 5 additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 6. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement for the development of the "affordable housing parcel". Additional Considerations: In the event condition#4 is approved, as proposed by the applicant (page 3 of the staff report), then condition#31 should be further modified to require the balance of the parkland at the per unit factor. Condition #31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien 42 housing lots so long as it includes some very low income housing. In the event the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD and the parcel develops as a standard multi-family project then the developer shall pay cash-in-lieu for additional open space 18.36.090.E.(7.)(b.) to meet the required PUD performance points and the balance of the parkland (from the 11% rate to 0.03 acres per dwelling unit) shall also be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. CONCLUSION/RE COMMENDATION The DRC, DRB, WRB, RPAB and BABAB have reviewed the Planned Unit Development application to establish a unified development plan for 213 single-household residential lots, 92 townhouse lots, 5 multi- household residential lots for apartment buildings and 8 residential lots for Senior Assisted Living facilities, and as a result recommend to the City Commission conditional approval of said application with the conditions and code provisions outlined above. Planning Staff has identified various code provisions which are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Applicant's Submittal Materials Report Sent To: Cascade Development Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, MT 59718 HKM Engineering Inc., 601 Ni des Drive,Suite 2,Bozeman,MT 59715 #Z-04050A West Winds CUP/PUD Modifications Staff Report 6 Message Page 1 of 3 0 0 Jami Morris From: Caren Roberty [croberty@hrdc9.org] Sent: Wednesday, June 29, 2005 3:22 PM To: Jeff Rupp; Mary Martin; Tracy Blain Cc: Jami Morris Subject: FW: Affordable Housing I have talked with Jami. The City's recommendations start on page 5. Please go to that page. Below are my recommendations. Do you want me to talk with John Dunlap or Cliff Lytle before the Commission Meeting? #1. Remove references to the HRDC and CAHAB. #2. Strike entirely, the City is not involved in what price the property is sold for or even if it is sold. #3. There is some history here. To get the PUD points West wind needs to build 59 affordable units. The first piece of property for those units was larger and so could have accommodated 59 units more easily. Dunlap substituted the current site which is a smaller piece of property. 59 units on the current site would be really dense maybe even problematic. Dunlap is requesting that his points not be dependant upon the number of built units. He requests that his points be satisfied by what the HRDC, CAHAB and City decide. The HRDC and the CAHAB have no role in this PUD and no agreement with West Winds. There is no basis to allow fewer units. #4. In the first sentence should read, "Prior to filing the final plat for last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out. (strike) based on the affordable housing determined by the City of Bozeman, CAHAB, and the HRDC. (strike). t #5. The number of units built also influences parkland. If fewer units are done in the affordable section the parkland requirements go down. 6. Suggested something much stronger than good faith evidence. -----Original Message----- From: Jami Morris [ma i Ito:]Morris@ BOZEMAN.NET] Sent: Wednesday, June 29, 2005 12:45 PM To: Caren Roberty Subject: RE: Affordable Housing I left the condition of approval rather vague so we could hash out the details for Creekwood. I have attached a copy of the City Commission staff report for West Winds. Look over John's recommendations and ours and let me know if I need to propose any modifications at the hearing Monday night. Jami Morris, Associate Planner Bozeman Planning &Community Development 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771 phone 406-582-2260 fax 406-582-2263 6/30/2005 dg so • • V 9x Commission Memorandum t�r!�co. REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple,Planning Director Chris Kukulski, City Manager SUBJECT: West Winds Subdivision CUP/PUD Modification #Z-04050A MEETING DATE: Tuesday,July 5, 2005 BACKGROUND: Modification to a Conditional Use Permit Application for a Planned Unit Development #Z-04050A, to allow the deletion of Condition #27, which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to 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," on property legally described as NW'/a, Section 2, T2S, R5E, City of Bozeman, Gallatin County, Montana, located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue and zoned R-3 (Residential Medium Density District). RECOMMENDATION: The City Commission approve File No. Z-04050A to allow the proposed modifications to the conditions of approval for a Conditional Use Permit for West Winds Subdivision Planned Unit Development,with the recommended conditions of approval outlined by staff. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new the development. ALTERNATIVES: As suggested by the City Commission. Respec lly submitted, Andrew Epple,Planning Doeckor Chris Kukulski, City Manager Attachments: Applicant's Submittal Materials Planning Staff Recommended Conditions of Approval Report compiled on June 29, 2005 Message • Page 2 of 3 • imorris@bozeman.net -----Original Message----- From: Caren Roberty [mailto:croberty@hrdc9.org] Sent: Monday, June 27, 2005 10:05 AM To: Jami Morris Cc: Jeff Rupp; Mary Martin; Tracy Blain Subject: RE: Affordable Housing Jami: Are the two existing properties rental or home ownership? Either way they would need to be deed restricted and monitored for the 20 years. The 3rd property for Mr. Promisco's son would need to have a deed restriction on it for 20 years so that if it were sold during that time period it would go to another lower-income household: It would also need annual monitoring so to assure that there were no changes in use, ownership or household composition. -----Original Message----- From: Jami Morris [ma ilto:JMorris@BOZEMAN.NET] Sent: Wednesday, June 22, 2005 9:35 AM To: Caren Roberty Subject: FW: Affordable Housing What do you think? Jami Morris,Associate Planner Bozeman Planning & Community Development 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771 phone 406-582-2260 fax 406-582-2263 imorris@bozeman.net -----Original Message----- From: Ssha5150@aol.com [mailto:Ssha5150@aol.com] Sent: Tuesday, June 21, 2005 5:21 PM To: Jami Morris Subject: Affordable Housing Jami- Per our conversation earlier today, I am writing you with a proposal for the 3 building lots in Creekwood Subdivision. Currently, the current system would put the finished 3 structures with an equity cap of current FHA limits, I believe it is $172,900??? During our meeting last week with you and Andy Eppel,you pointed out a few options we would have concerning these lots. 1) build on said lots-not sell for over FHA limit-completed structure. 2)Cash-in-lieu, which you said would be FHA limit or$172,900 per lot. 3) Offsite-lots or structures that would have same deed restrictions as proposed on Creekwood lots. If I have misunderstood,) apologize, but if I understood correctly,we think we can use a combination of these options that would actually be better. Here is what we propose: We own some existing condo units located at Madison Place on corner of Michael Grove and Durston. These units are FHA approved, 3-bedroom, 2.5 bath 1404 Sq. ft. with a garage. We use 2 of the units for the affordable program, same restrictions- 6/30/2005 Message • Page 3 of 3 • in exchange for 2 of the Creekwood lots. Mike Promisco plans on building on the remaining lot in Creekwood for his son Trevor, who currently is in the HRDC program. This lot of course, would have the affordable restrictions placed on it. So, we would have 3 units with the affordable program restrictions placed on it-just as would have 3 units in Creekwood-haven't lost anything-But-here is where I we believe it is better: We would hire an appraiser of your choice and our cost to get a value of the condos (they are currently selling around $150,000 each.)we would make up the difference between the condo unit and FHA limit with cash. Ex. $172,900-$150,000=$22,900 each or estimated total of$45,800 for the 2 units. Now the City can purchase another lot to build another affordable unit. Instead of 3 units, affordable housing gets 4 units.The other advantage I see is to the end user. Instead of a equity cap on the usual home, with the condo units-they are FHA approved which allows them to be able to receive the potential of more equity return if they should decide to sell the unit. By using a combination of the options available we can build a new unit, provide 2 existing units, and give the program cash to be able to provide another unit for the program. If you should have any questions,or would like to have a meeting to discuss this further, please feel free to contact me at 580-8181 or 585-9595. Sincerely, Shaun Shahan Broker Snowload LLC l 6/30/2005 Rl" E E R I N G June 3, 2005 McChesney Professional Building Rec. No. 04S067.110 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 Ms. Jami Morris www.hkminc.com Bozeman Planning & Community Development 20 E. Olive Street Bozeman, MT 59715 RE: West Winds Planned Community IE C [E Q V F Affordable Housing D Request for Amended PUD Conditions JUN 4 3 2005 DEPARTMENT OF PLANNING Dear Jami; AND COMMUNITY DEVELOPMENT The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development approval conditions. Specifically, to add five(5) additional conditions to address affordable housing and assisted living, delete condition No. 27 and revise condition No. 31, Original conditions as written within PUD approval: 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan 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. We acknowledge that the amendment of these conditions will require public notification and a public hearing before the City Commission. I have attached the appropriate applications and adjoining landowner lists for your use. The amendments to the PUD conditions that we are requesting are to address two (2) separate issues within the PUD, affordable housing, and assisted living. Affordable Housing John Dunlap (Cascade Development) and I have been working with the HRDC to develop an affordable housing project within West Winds. The HRDC has been very helpful and supportive in developing an affordable housing project within West Winds PUD. In working with the HRDC, it has become apparent the current PUD conditions cause a significant hardship to the development of an appropriate affordable housing product within the 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 r Jami Morris June 3, 2005 Page 2 of 5 West Winds PUD. As currently written, the PUD condition requires"Section 42"affordable housing. This, combined with the UDO requirements,which state: 1)A proportionate share of affordable housing shall be provided per phase; and 2) The affordable units are to be "Constructed"causes it to be unfeasible to develop an effective affordable housing product. This is due to four primary reasons: expertise, timelines,uncertainty, and loss of flexibility. The PUD applicant(Cascade Development) is a development firm, and is not experienced in the complexities associated with"affordable"housing. To develop and construct affordable housing is a specialized field that requires significant time and expertise in the field. An example project requires the award of tax credits, followed by negotiations for the sale of those credits to a corporate investor that can take many months, followed by a 6-7 month process of obtaining the required public approvals, and then 12-16 months for construction. To complete this process for each phase of the project is not practical. In addition to the time that it may take to complete a tax credit project, there is an element of uncertainty as to if the tax credits are even going to be awarded in the first place. For every$3 worth of application, only$1 of tax credit is awarded. By following this tax credit(Section 42) track we also lose flexibility of affordable housing products that can be offered. In conversations with the HRDC, they believe a diversity of product is needed in Bozeman ranging from apartments to single-family homes. Section 42 housing is geared toward high-density apartments. Due to the significant time it would take to effectuate this type of project, coupled with the loss of flexibility, uncertainty, and specialization, Cascade Development, if bound to the"Section 42" and"constructed"terminology will suffer an undo hardship. Cascade Development's goal in this process is to provide a platform upon which affordable housing can be built. As a developer of real estate, they believe they can best contribute to affordable housing by providing"affordable"real estate. Below is a proposal that Cascade Development has created to show how they would like to proceed in developing affordable housing in West Winds. Amended Conditions In lieu of"Section 42" affordable housing and "constructed dwellings" (18.36.090E.(7.)(a.),we propose the following additional conditions be placed on the affordable housing parcel. By adding these conditions we will achieve four(4) critical goals that are required for the successful completion of the affordable housing: ■ Intent and spirit of the affordable housing ordinance is maintained. The conditions that are proposed make it feasible to provide"constructed units"through the combination of affordable real estate and a reasonable timeline to syndicate, finance and permit a project. ■ Enhanced flexibility is built into the affordable housing product that is to be developed on the site. The current PUD condition of Section 42 housing is limiting to the type of HAMS067110\0506021a5 jm.doc Jami Morris June 3, 2005 Page 3 of 5 affordable housing that can be provided. According to HRDC staff a variety of multi- family and single-family product is needed. ■ Guarantee the construction of the affordable housing prior to full build-out of the West Winds PUD. Prior to the filing of the last phase of the West Winds 50% of the affordable housing as defined by City of Bozeman, CAHAB, and HRDC will be constructed. ■ Development timing, as mentioned above the development of affordable housing is a specialized and time-consuming process. To require the developer to provide a pro-rata share per phase is an undue hardship. Add Condition 1 —Deed Restriction A deed restriction will be placed on the parcel that restricts the use to affordable housing as defined by City of Bozeman, CAHAB, and HRDC. The current PUD condition requires HUD Section 42 housing. Based on conversation with HRDC this limits affordable housing opportunities for the parcel. This condition will provide the opportunity for a diverse type of affordable housing that best fits the current needs of the community. Through this deed restriction, the parcel will always be limited to use as an affordable housing project. Add Condition 2 —Price Restriction The sale price for the affordable parcel shall be limited to 45% of the appraised value, based on comparable multi-family parcels in Bozeman. It is important to keep in mind that no additional park area will be required for an affordable project with West Winds Park meeting the parcel park allocation, therefore the area provided is net buildable area. Add Condition 3 —PUD Performance Points The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under (I 8.36.090E.(7.)(a.) to meet the twenty(20) PUD performance points. However, the actual development density ofithe affordablehousing parcel may vary dependant upon the type affordable housing that is needed in the community as determined by the affordable housing firm developing the parcel. Add Condition 4 —Construction of Affordable Units Prior to the filing of the final plat for last phase of the West Winds PUD, the affordable housing parcel shall be 50%built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 50% of the affordable HAWS067110\050602la5 jm.doc T • • T Jami Morris June 3, 2005 Page 4 of 5 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 (18.36.090E.(7.)(b.) to meet the required PUD performance points. The value of cash-in-lieu shall be based on section (18.50.030C.) of the UDO. If cash-in-lieu for open space is used to meet PUD performance point requirements, the parcel will developed as a standard multi-family project and the above requested additional conditions will not apply. All conditions set forth will be executed, or in force, prior to the recordation of the final PUD and will be a condition of the recording. It is our proposal that the above conditions replace condition No. 27 of the PUD and that condition No. 31 be amended as follows: Delete 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan Amend 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section42 housing lots so long as it includes some very low income housing. Assisted Living In consideration for comments provided by the City Commission during the preliminary PUD review and approval process, an alternative residential design for the assisted living portion of the PUD has been provided. This alternative design is intended to specifically provide a grid- like townhouse/ single-family neighborhood development option for the southwest quadrant of the PUD. During the initial PUD approval process, concern was voiced that if the southwest quadrant of the PUD was not developed as assisted living it may create large parcels that will not provide the desired grid street system. In response to this concern we have developed the SW Residential Alternative as shown on Figure 1.2.A and detailed within Appendix 1.2 of the Final PUD Application. To consider the use of the SW Residential Alternative, we request an additional condition be added to the PUD. Add Condition 5 —Assisted Living 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. HA04\5067110\050602la5 jm.doc Jami Morris June 3, 2005 Page 5 of 5 Please note this additional condition addresses partial content of requested deleted condition No. 27, discussed above. Scheduling of Public Hearing As allowed within the UDO for affordable housing, we request that the above additional and amended conditions and associated public hearing be expedited onto the City Commission agenda. We also request that the Final PUD approval be concurrent with this hearing and Commission meeting. If you have any questions or comments, please feel free to contact our office. Sincerely, HKM Engineering, Inc. Clint Litle, P.E. Senior Project Manager H:\04\5067110\050602la5 jm.doc I - - , I 'V uriims r'[irnaw7 Ifie �Q -fin cvirrir�v v' I V 4 'ar OI I 1 vmiw a ac rcecvw LJrBr 75 I �Y I y@ AOVSS - 34 ! - - - Z35WAGS- - vcurTiru - ze III I I� 1 3vniiT I Zi --- S -- — ----- — —,---BAXTEIQ LANE IN/NOR ARTER/AL/ _1i�C—LL--- — — --- — /,7 .t'}� I ! Ir� __J_1�__L_1_J I ,� III` H ,� i..�_ii�_J� IC--� F__r_ -T--r—T- r—,----�T r L1_J I FL ,� AFFORDABLE PARSC&L i �I I r-T�- rI 1 Olt! L F- _ I _ __ _ _ I I cy I 1 �" f� 'Tl • r JLL_L_l-__LI-L LLLL_l �a' ';� � ' -- ZE JEr L 11F�I -r r 1 rn rrT -r- -ITTi ---- —_—_—= ARTERMAJ----- --—_— — - 1 rnwLRTTFA _ _ I ��'--- � � 1 1 I rrnn rlESr[YPf.-1F7C I S ( I xru��u yl b ! nnrt rra i Crtrrn — � I I I �I I! I -UBfl1VXSKlN ,�5�5 q I �_a__crry Auwc� I I Lard iSION PY/ASE I I SIPYLE MUST ASE pD 6 ff — 1 I f ! ^_ I V��g CENTER OF 8. 4 I I I I , j— I II 1 ;� 1 ICI 1 WEST WINDS COMMUNI T Y f,—AAMICTIMOL VETIAN08 UNOBnMM G OIAwpI.IL�mint Ieoo lm"G NW 1/4 4WONON 2, T_2-0., R aE., P_M_M � ®sue w`TIR GEVINTIM PAt"TM CALLA77M COUNTY,, MONTANA ' rrw='�1.■SIw� ———FfMaIM TIIAL SY3%N -N- IOA6�660 kM ImE0T511011 MALL tll088118 MA S TER PL A N mcchmmy.fie S W0� SW RESIDENTIAL AL TERNA TIVE --_ Bmnlm,bRJa716 --=b 111RROMME OFF T FAX Q6}96.173D MI) F/GUl+1E 7.2.A was Ofet °ATE•NNL 28.20M POGJMT N0.0/80W.110 CCO11W 0 ZM HM 841 oor"Ina,N IS"Seen e& 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 www.bozeman.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: 3825 Valley commons Drive,Suite No. 4,Bozeman MT 59718-6436 Phone: 406-585-9230 FAX: 406-556-1257 3.Applicant Information: Name: Same as owner E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: HK1\4 Engineering Inc.,Clint Lide,P.E. E-mail Address: clitle@hk-nmc.com Mailing Address: 601 Nikles Drive,Suite No. 2,Bozeman MT 59715 Phone: 406-586-8834 FAX: 406-586-1730 5. Legal Description: NW 1/4,Section 2,T2S,R5E,P.M.M.,Gallatin County MT 6. Street Address: Located at the NW quadrant of intersection Oak Street and North 27th Avenue,Bozeman MT. 7. Project Description: See attached Exhibit A--Project Description 8.Zoning Designation(s): R3 9.Current Land Use(s): Agricultural(hay production) 10. Bozeman 2020 Community Plan Designation: Residential Page 1 Appropriate Review Fee Submitted 0 0 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 Q No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? Q 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 Q 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 Pemut ❑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.Prelitinary 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 8'/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)hereby certify that the above in ormation is a and correct to the best of my(our)knowledge. A hA A /) I Applicant's Signature: N. t Date:, N ,AA Applicant's Signature: V Date: Property Owner's Signature: CAAC N 1, L-�,./u - Date: 6, � Q S Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) Exhibit A — Project Description To amend a preliminarily approved Planned Unit Development for West Winds Major Subdivision to specifically modify conditions #27 and #31 and request an additional relaxation from Section 18.36.090.E.2.a.(7).(a) as described in the narrative attached. CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, l. L i rAMO A 0. Li T LE . �.E. , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners within 200 feet of the ,• property located at N c ar44w C-5 T 0sr .' 27 TA 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) 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 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) CERTIFICATION OF PROPERTY OWNERS LIST CastleBar II Limited Partnership 413 W. Idaho Street, Suite 201 Boise, ID 83702-6065 George C&Mary Ellen Stewart 160 W. 66'h Street,Apt. 25C New York,NY 10023-6559 Ira Martin&Barbara J.Bakken 3333 Fieldstone Drive W. Bozeman, MT 59715 Steven M. &Deanne L. Smith 2717 Allison Ct. Bozeman,MT 59718 David&Adelaide Astrom 3831 Lincoln Road Astrom 1993 Trust Santa Barbara, CA 93110-1533 Van Smith PO Box 432 Black Eagle,MT 59414 Michael P.Renaud 2803 Allison Ct. Bozeman, MT 59718 Shannon M. Smart&Jeffrey Scurlock 2719 McCormick Street Bozeman, MT 59718 David O. Chrest 415 Buckhorn Trail Bozeman,MT 59718 Joe&Joyce Albro 2713 Allison Ct. Bozeman,MT 59718 David J.&Lavern C.Parisi 509 Arbor Drive Livingston, MT 59047 Anne J. Schneider 2324 Shenandoah Place Davis, CA 95616-6602 Richard J. &Nancy K. Ojala 2741 Allison Ct. Bozeman,MT 59718 Gordon&Leesa W. Gregory 2807 Allison Ct. Bozeman,MT 59718 Dragan B. Danevski&Bojana V. Susak 2811 Allison Ct. Bozeman, MT 59718 Lloyd G.&Lorraine S.Jacobsen 2820 Allison Ct. Bozeman,MT 59718 Mary J. Christiansen 2806 Allison Ct. Bozeman, MT 59718 Andrew L. Cetraro 1213 Buckrake Ave. Bozeman, MT 59718 William R. Fiedler&Lynn MJ Fiedler 1228 Buckrake Ave. Bozeman, MT 59718 Tracy Larimer 1227 Barley Ave. Bozeman, MT 59718 Matthew L. &Angela R. Jamison 1229 Hunters Way Bozeman,MT 59718 Erin L. Krell 2813 Allison Ct. Bozeman,MT 59718 Jody Newton PO Box 7084 Bozeman,MT 59771 Jay Edwin&Lola Beth Conner 1221 Buckrake Ave. Bozeman,MT 59718 Claire A. Smith 1222 Buckrake Ave. Bozeman,MT 59718 Jeffrey B. Sperry&Jennifer L. Sperry 1229 Barley Ave. Bozeman,MT 59718 Nicole Wood 1235 Hunters Way Bozeman,MT 59718 Terrance E. &Kirsten K.Kubat 1223 Hunters Way Bozeman,MT 59718 Shi-Jie Gary Chen& Shu-Hwa Dale Ong 1220 Hunters Way Bozeman, MT 59718 Robert L. Gilbert&Lois Gilbert 1234 Hunters Way Bozeman, MT 59718 Ben&Diane Rogers 6724 Davis Lane Bozeman,MT 59718 James&Elizabeth Drummond PO Box 3652 Bozeman,MT 59772 CAVU,LLC 13707 Camp Creek Road Manhattan,MT 59741 John F. Sheady&Karen J. Sheady 1509 Bridger Dr. Bozeman, MT 59715 Gallatin Center Limited Partnership 220 W. Lamme Street, Suite 1F Bozeman,MT 59715 Douglas J. &Diane F. Aita 1226 Hunters Way Bozeman,MT 59718 William R. &Dianne Peterson 5001 Baxter Lane E Bozeman,MT 59718 Lawry J. &Dorothy M. Brekke 5131 Baxter Lane E Bozeman,MT 59718 Ronald K. &Janice E. Lewis 5251 Baxter Lane E Bozeman,MT 59718 Baxter Square Partners 317 Sanders Ave. Bozeman, MT 59718 Bozeman Congregation of Jehovahs Witnesses 2155 Lomas Drive Bozeman,MT 59715 Roger H. Smith&Rosalind I. Smith 2305 W. Durston Rd. Bozeman,MT 59718 Fairview Investments, LLC 5601 Van Dusen Rd. Laurel,MD 20707 Heather Dickey&Chad Ripplinger 1725 W. Koch#1 Bozeman,MT 59715 MP Construction 2820 Outlaw Lane Bozeman,MT 59718 Baxter Meadows 2110 Overland Ave., Suite 127 AD%Baxter Meadows Development Billings, MT 59102 John Vincent 311 West Main,Room 306 Gallatin County Bozeman,MT 59715 Van E. Smith 2492 Rose Bozeman,MT 59718 William H. &Betty Anne Sippel Trust 12711 W. Allegro Dr. Sun City,AZ 85375 Robert J. &Janet M. Swenson 4959 Durston Rd. Bozeman, MT 59718 Daniell K. Hammill &Robert M. Hammill 1200 Durham Ave. Bozeman,MT 59718 Rasmussen Construction, Inc. 3724 Gardenbrook Bozeman,MT 59715 Rodney James&Tiffany James 311 8"' Street Belgrade,MT 59714 Jeffrey W. Galyen&Kevin W. Galyen 740 Meyers Lane Paradise, CA 95969. JxM Design&Construction,L.L.C. 3172 Lily Drive Bozeman,MT 59718 BTR,L.L.C. 300 N. Wilson St.#605F Bozeman, MT 59715 Erica Hauge 10 S. Yellowstone Ave. #13 Bozeman,MT 59718 Cascade Homes, Inc. 1627 W. Main St. #223 Bozeman,MT 59715 Greer Construction 513 N. 23`d Ave. Bozeman,MT 59718 Ira W. Slingsby 115 Briggs Rd. Bozeman,MT 59718 Dixson Properties, LLC PO Box 6099 Bozeman, MT 59771 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT a 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 A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue. 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 is to consider an amendment to an approved Planned Unit Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HKM Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27, which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to amend Condition #31 to read, "The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable car 42 housing lots so long as it includes some very low income housing." The property is zoned R-3 (Residential Medium Density District) and legally described as the NWIA, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday, July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 311 West Main Street Bozeman, Montana The City invites the public to comment in writing and attend the public hearing. 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 #Z-04050 Notice may be continued on the back of this sheet planning • zoning . subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination BP" R-3 R-1 BP B � saxr� R-3 . PLI Ii I 06 Page 2 CITY OF BOZEMAN PLANNING & COMMUNITY DEVELOPMENT * * * c9 0—.q. 0 20 EAST OLIVE STREET 1 5 9 O p S 8 5 2 0 Q 6 4 P.O. BOX1230 03 05 BOZEMAN, MT 59771 gFr�qqEAW 5 9 7 1 5 tN O I NO j CF"OFR JUL 0 5 2005 UN.Q�SA�Q/vEy,QB DEPARTMENT OF P IFTO RFsS 84 AND COMMUNITY DVLOPM NT cJ� 'Y qR0 Baxter M adows s evelop. O'Over a Ave, Suite 127 Billings, MT :1 ;M;=.:.::;_• w��-z�;:, i � h.hh.l,l„I�„11 �1, illl „11111111111111111 fill 11111i11 CITY OF BOZEMAN 406ros> do.ANNING &COMMUNITY DEVELOPMENT qW 20 EAST OLIVE STREET PO. BOX1230 156 a -- PB8520064 BOZEMAN, MT 59771 48901110�'- 37 D JUN 03 05 7 1 8 5 MAILED FROM BOZEMM.MT 5 9 7 1 5 t. ®�� ' M.P Construction JUN 2 2�2005 ; 2820 Outlaw Lane DEPARTMENT OF t_ANNING AND COMMUNITY DE TLOPMENT III IIIII1oil IIII'I1*I1IIIIIIIIfIII'IIIIIIJII" CITY OF BOZEMAN �ANNING& COMMUNITY DEVELOPMENT 20 EAST OLIVE STREET 1 0 8 P B 8520064 P.O. BOX1230 �/] � 4890 $ 00. 370 .SUN 03 05 BOZEMAN, MT 59771 D V 7 16 1 MAILED FROM BOZEMAN,MT 5 9 7 1 5 c JUN 22 2005 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT - - Jason C &Rachelle M Brinkman 1222 Buckrake Ave. d Bozeman�.\ , MT SQ7,t,o FORWARD TIME ZESnPO4RTN� 6/20/05 TO SEND SRINKMAN s 3433 E VALLEY CENTER RD • EIOZEMAN MT 59718-8575 ; t RETURN TO .5ENDER I i E�:=i,,; ;�:;i—�:�:; •1 ��—�•-��r�.��.� I�lI111111 �11l1, 1►I„li,IlIlil „tail _.___ CITY OF BOZEMAN S�Q ''Dsi PLANNING &COMMUNITY DEVELOPMENT 20 EAST OLIVE STREET �' r QQ 370 j U 8 5 0 0 0 6 4 P.O. BOX1230 D � � � L7 �' 05 BOZEMAN, MT 59771 ILED FROM BOZEMAN,MT 5 9 7 1 5 JUN 2 2 2005 DEPARTMENT OF PLANNING OAND COMMUNITY DEVELOPMENT William E &Kimmer Elise Penniman 2812 Allison Ct. -- F ' PENN812* 597182040 1504 08 06/20/05 ` FORWARD TIME EXP RTN TO SEND PENNIMAN' KIMMER E PO BOX 563 BOZEMAN MT 59771-0563 RETURN TO SENDER ' 1 I�i11111i,11It III of11i[$11 off 11IfIllif11i11 Ili Jill 111111111111._ CITY OF BOZEMAN y 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 NOTICE OF A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue. You are receiving this notice because you are the current owner of record for property within 200 feet of the affected site, or have -othe,-wise-been --- identified as an interested or affected party. The purpose of the public hearing is to consider an amendment to an approved Planned Unit Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HK1VI Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27, which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to amend Condition #31 to read, "The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien 42 housing lots so long as it includes some very low income housing." The property is zoned R-3 (Residential Medium Density District) and legally described as the NW'/a, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday, July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 311 West Main Street Bozeman, Montana The City invites the public to comment in writing and attend the public hearing. 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 Coordiriator',-582-2306 (voice), 582-2301 (TDD). West Winds #Z-04050 Notice may be continued on the back of this sheet planning . zoning • subdivision review • annexation • historic preservation • housing • grant administration neighborhood coordination BPO k- R-1 BP B BNtTER R-3 PLI Pi m Page 2 CITY OF BOZEMAN PLANNING &COMMUNITY DEVELOPMENT `�Qsaos, 20 EAST OLIVE STREET 2 �� P.O. BOX1230 117 __ P88520064 BOZEMAN, MT 59771 D 4 8 2 0 05 00. 370 ,1 u N 03 05 SUN 2 2 INS 7 1 5 9 MAILED FROM BOZEMAN.M? 5 9 7 1 5 k � NNING DEPARTnUN�O�EOPMENT . a U' pND COMM Nicole Wood — P.O. Box 134 Bozeman, MT 59.7.7.1 WOOD134 :C597712040 1CO3 08 06/20/05 RETURN TO SENDER WOOD ' NICOLE M NOT DELIVERABLE AS ADDRESSED i UNABLE TO FORWARD RETURN TO SENDER i CITY OF BOZEMAN SAP *All PLANNING&COMMUNITY DEVELOPMENT * * * L 20 EAST OLIVE STREET 1 19 P s 8 5 2 0 0 6 4 P.O. BOX1230 4810s00 .370 JUN 03 05 BOZEMAN. MT 59771 7 1 9 6 mAiLED FRomgoggmAN, 7 1 5 d JUN 21 2005 'L for DEPARTMENT OF PLANNING N y - "AND GUMMUNITY DEVELOPMENT John F. &Karen J. Sheady I " Bozmen ean,MMT 5971f5'jf vc)5 :- ti: �= : ; L 7.9_7 i __= ! l�Ll.I..I��l��ll l�I��i l��If��l�f�l�l�!l��f�i��<<![it .... A L•"f L C"t L 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 www.bozemon.net NOTICE OF A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant ' to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue. 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 is to consider an amendment to an approved Planned Unit ' Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HKM Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27,which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to amend Condition #31 to read, "The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetio;r 42 housing lots so long as it includes some very low income housing." The property is zoned R-3 (Residential Medium Density District) and legally described as the NW'/a, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday,July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 31 1 West Main Street Bozeman, Montana The City invites the public to comment in writing and attend the public hearing. 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 #Z-04050 Notice may be continued on the back of this sheet planning • zoning . subdivision review . annexation • historic preservation o housing . grant administration • neighborhood coordination BPO R-3 R-1 BP B BAXiER PLC �,-Rio , 1 Paga 2 CITY OF BOZEMAN �-�-- PLANNING &COMMUNITY DEVELOPMENT j CSPOSr 0 EAST OLIVE STREET P.O. BOX 1230 1 2 1 P88520064 - BOZEMAN, MT 59771 4 8 5 Ij 00 3 7 0 JUN 03 05 7 17 9 wa G FROM BOZEMAN,nRT 5 9 7 1 5 0-0 • k w9.•�'a:�; i JUN 21 2005 'mad?W, DEPART M OF PLANNING �n _ D NITY DEVELOPMENT 4'r7 J Bozeman Congre n of t Jehovahs Wi sses 2155 L as Drive . B man, MT 59715 0:....: 01il-%=^'� l'.,_ . r�i. . CITY OF BOZEMAN ' •. DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 1 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 NOTICE OF A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant ' to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue. 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 is to consider an amendment to an approved Planned Unit ' Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HKM Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27,which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to amend Condition #31 to read, "The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seer 42 housing lots so long as it includes some very low income housing." The property is zoned R-3 (Residential Medium Density District) and legally described as the NW'/a, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday, July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 311 W6st Main Street Bozeman, Montana The City invites the public to comment in writing and attend the public hearing. 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 Bozetnan 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 #Z-04050 Notice may be continued on the back of this sheet planning • zoning • subdivision review e annexation • historic preservation • housing • grant administration • neighborhood coordination BPS k-3 R BP B BNFiER R-3 PLI s c�c m i Page 2 :: CITY OF BOZEMAN : , �p Pw; ' PLANNINu &COMMUNITY DEVELOPMENT, * * 20 EAST OLIVE STREET 2 `. 130 PB8520064 PO. BOX1230 fi 4880 $ 00 , 370 JURY 03 05 OZEMAN, MT 59771 71 7 7 MAILED FROM BOZEMAN,MT 5 9 7 1 5 JUN 21 2005 Ilk I DEPA'W;,;EN7-GFPLANNING ' I AND COMMUNITY DEVELOPMENT Gallatin Center Limited Parners ip 220 W Lamme Street, Suite IF, Bozeman, MT 59715 111 11 1t1it IUt1 1 1 tall 1l1111 itl 11 till I1116l 11 11 111 11 �� 1 i...i t^Y: r••t: � .L1 it t 11 / ., �� /� i �' � � � ,� 1 i. `{ �1 ti :9.11% L 3ffidaui t o f STATE OF MONTANA, •JYYj 2 9 2005 County of Gallatin DEPARTMENT OF PLANNING 0 COMMUNITY DEVELOPMENT eing uiy sworn, deposes and says: That S he is of the Bozeman Daily Chronicle;. a newspaper of general circulation, printed and published Bozeman, Gallatin County, Montana; Aannd 4-and the/ notice here unto annexed has been correctly published in the regular and entire issue of every number of said paper for eet' , the first of which publication was made on the f 9 ' day of �u = 2Q6 S and the last on the t of ' A 200 A B(�R ii pT A R IA� 2 '� S scribed and morn to before e s * _ day of J OF MO� Notary Public tate of Montana, I I residing at Bozeman, Montana. Notary Public-for the State of Montana Residing at Bozeman, Montana My Commission Expires June 27,2008 BOZEMAN DAILY CHRONICLE, Sunday, June 19, 2005 D3 ; BUSINESS ME S -j PEOPLE IN EDUCATION Counselor specializes designated property listings un- Montana Fibers,which produces Bozeman Tech Center,20 E.Olive Kay Chafey,Montana State University der the Sotheby"s International hand-painted and hand-dyed St.,Suite LL10;phone 522-0830; professor of nursing,has been selected to in women's issues Realty name.All of the firm's list- yarns from Montana sheep grow- e-mail,BozTech@rnsiigf.edu. be inducted into the American Academy Colleen E.Crane,a licensed ings will now be marketed under ers and imported yarns of many of Nursing.The academy consists of nurs- clinical social worker,has the firm's new business name. different fibers and blends,in- ing leaders in practice,education,re- opened a mental Bridaham started the firm in cludin alpaca,sills,mohair and New service allows search,management and policy making. P g P g P Y health counsel- 1995 and specializes in luxury nylon.Summer hours are 10 off-site credit sales Chafey,whose specialties are in public ing business homes and estates,ranch real es- a.m.-5:30 p.m.Monday through Frontline Procecssing,the health,ethics and cultural diversity,will specializing in r' tate,recreational properties and Friday,10 a.m.-5 p.m.Saturday, only local Montana-based credit be inducted at the organization's annual addressing is- conservation properties in parts and 6:30-9 p.m.Wednesday. card processor,has added a key meeting in Scottsdale,Ariz.,this Chafey sues affecting of southwest and central new reseller relationship with November. , girls and women yam, Montana.The firm's office can be Tuck opens Insurance Aircharge.Aircharge provides an Wayne Gipp has been named interim de- of all ages. contacted at(406)586-4408.For opportunity for remote service partment head of the Animal and Range �. Crane earned a additional information,visit Services in Belgrade providers to provide immediate, Sciences Department at Montana State bachelor's de- www.bridahamcoHection.com Tom Tuck opened Insurance on-site credit card processing University.Gipp,a 25-year veteran of the de- gree in psychol- Crane Services at 201 W.Main, capability via wireless telephone Partment,has been MSU Extension Service ogy and Colon hydrotherapy g P technology.Belgrade.He now represents technolo This'service allows swine specialist since 1980,teaching educa- women's studies from the American -- any business that provides home tional programs throughout Montana and University of Colorado-Boulder through Healing Waters National or off-site services to a con- working with the Montana pork industry to and her master's of social work Georgia Cold is offering colon Property and sumer or business the opportu- identify production technologies and im L. — A - degree at the University of hydrotherapy through her prac- Casualty nity to accept credit card trans- prove pork quality. Gipp Michigan-Ann Arbor.She has �� _ _ g lice,Healing Company and actions and save money on the more than five years experience Waters Colon - ""` American v3' cost of the transaction.Frontline working directly with adolescent Hydrotherapy; SERVICE GROUPS National _ Processing is located in P girls and women as a therapist phone number ' Insurance. Bozeman and owned by Chris and social worker.Crane can be is 586-5515. °�' gas �` Owner Thomas � Kittler. Big Brothers Big Sisters of Gallatin County announces reached at 570-0829. this ear's"Bi s of the Year:"Ben Klayman,Big Brother to Cold has a bash- E.Tuck has the Y g Ym g elor's degree in LUTCF profes- Tuck Ryan;and Jennifer Abbott,Big Sister to Kayla both have GDC s business start-up been matched for over two ears.The Hickman Family,Bi Dridaham firm joins health and hu- ` sionat designation,along with 18 Y Y g man services q years insurance experience in class in Livingston Family of the Year,have been bigs to Little Brother Lane for with Sotheby franchise from Montana Gallatin County.The office can over five years.Bigs of the Year are chosen for their dedica- Cold Gallatin Development tion and commitment,lengthof involvement and tremen- Sotheby's International Realty State University, be reached at 388-5855. Corporation will host a free busi- Affiliates,Inc.announced that and received colon hydrotherapy dous positive influence on their little. Y PY mess start-up class for those inter- The Bridaham Collection,a bou- training and certification Workshop focuses on ested in starting a business,or in tique luxury real estate firm in through the International the initial stages of operation. Donations Bozeman,has joined the Association for Colon marketing Web sites The class will be held The Gallatin Empire Lions Foundation,an ancillary Sotheby's International Realty Hydrotherapy.She has practiced The Bozeman Tech Center will Wednesday,June 29,from 6 to foundation of the Gallatin Empire Lions Club,received a franchise network and will as a colon hydrotherapist for present"How to Market Your 7:30 p.m.,at the Sky Federal $500 donation from Farmers Insurance Group.The change its business name to The many years. Web Site"on Thursday,June 23, Credit Union,located at 111 Foundation provides assistance to those in the community Collection Sotheby's from 3 to 6 p.m.The one-day North B Street in Livingston. who need help in the areas of sight,hearing and speech, International Realty.It becomes Knitting Parlour workshop will include how to set The class will be taught by with grants totaling approximately$1,000 approved every the third firm in Montana to join up Web pages for search engines, staff from the Bozeman Small month.Mark Carpenter,a local Farmers Insurance Agent the Sotheby's International Realty changes locations how to optimize a Web site,Web Business Development Center. and Gallatin Empire Lions Club member,applied for the network. The Knitting Parlour has site submission instructions and Advance registration is required. donation on behalf of the Foundation. The firm is owned by Vivian moved to 231 S.Second St.in the use of keywords to drive the Register by email at Bridaham and was previously an Livingston,corner of South right traffic to your Web site and tdoshier@bozeman.org or by Gallatin Quilt Guild has donated four bed quilts,made by exclusive affiliate of the Sotheby's Second and Clark,phone 222- helpful Web links.Cost for the phone at 587-3113. members,to the Network Against Sexual and Domestic Abuse International Realty marketing 1352.Owned by Patti Bobonich, workshop is$30.For reservations for use in their shelter.The group also helped out the Pregnancy program,which marketed only the shop is also the home of and information contact the (More Business,page D6) Caring Center by donating more that 50 baby quilts. People from page D2 Lindsey Thompson joined market research and subse- cast program- .r of MSU where he earned a de- Bozeman leaders,has selected the Class of North Star Consulting Group as quently developing results-ori- ming,.including POP gree in graphic design. Realty wel- 2006,the program's second a fulltime research analyst upon ented design solutions for some award- comes Bridger class.Among the participants graduating print,video and Web applica- winning pro)- Maria Sanderson has been Nelson to its are Cathy Conover,Montana from Montana tions,as well as supervising the ects.His new ' promoted to staff.Soon to State University,communica- State University ��" \�X, graphic design department.In duties extend production ;:1 graduate from lions and public affairs;Nonnie in May.She �'` addition to his award-winning his creative manager for Montana State Hughes,Bozeman Public graduated with a design work,Rice served four control and Right Angle ;" University with , Schools;Jeff Krauss,Museum honors from 1 years with the United States make even bet- Communi- a degree in of the Rockies;and Carmen the College of {{ Marine Corps,where he was ter use Duchesneau cations.In ad- business mar- Nelson McSpadden,MSU-Leadership Business with a i, stationed for some time in of his talents. dition to regu- keting,he is the Institute. degree' mar- �;' , Kosovo and achieved lar video edit- son of Penny a and the late Leadership Montana will ketin ribbons and comba als. Kevin Meyer,a Montana ing,Sanderson Gene Nelson. g as the present a seven-session pro Thomn's re- Thompson State University graduate,has will now apply marketing see st for of leadership development 0 sponsibihties Dominic Duchesneau was joined Wendt as a production her expertise in Sanderson Bozeman Realty as well as office business and policy education. will include Web survey devel- recently promoted to post-pro- artist and works out of the ad- project man- manager,Nelson recently com- The program will be conducted opment data analysis,reporting duction supervisor at ht vertising agency's Billings office. agement,cost control and or- pleted the re ents as a li- in seven locations across the and c er service North Angle Communicat For the Meyer is responsible for graphic ganization to Right,Angle proj- censed realto� state,beginning with an orio Stars sin leading global, last two years Duche u has design work such as layout and ects in all departments,liaising tion and retreat in Big Sky on Internet-based client and em- applied his skills in video edit- illustration as well as providing directly with clients to expedite Leadership Montana,a Sept.7 and concluding with ployee satisfaction research proj- ing and shooting on a wide final art production services on and streamline the production statewide collaboration of high- graduation in Billings on May ects. range of commercial and broad- projects.He is a recent graduate process. er education,civic and business 12,2006. Carolyne Mumford of Keller Williams Montana Realty just completed a half-day course ti- tled"Homeownership MaderrF `° Easy.Really."Mumford is part owner of O'Brien's restaurant on East Main Street and sells resi- Celebrating dential and commercial real es- YES° 5/ 2u��r Outside Storage tate throughout the Gallatin (�`'' Service , g Valley. ;,� r , V - Inside Climate Controlled Rainy Martin is celebrating TX Mir �� r Storage her one-year anniversary as ex- ecutive director of Stafford - Animal Shelter.Since that time she's initiated the institution of From start to finish, Lux adoption packets and spear- Personalized Your Relocation p �7 Transfer will take the worry out headed the first annual Bark in L`� the Park,the shelter's biggest Inventory & Specialists of your next move! fund raiser.Martin,whose Tom & Stacey background is in non-profit Packing of y 145 S i m m e n t a 1 W a y management,says her biggest Household Bozeman, MT 59718 Free Estimates challenge with the Stafford Animal Shelter is finding new Items ways to raise money for the U.S. Do•T non-profit animal or aniza- _ TRANSFER & STORAGE, INC. . P g o No. 125550 lion. www luxtransfercom i rk Kristie Owens,a 1998 Montana State University design graduate,was hired by Right Angle Communications as a graphic designer.Previously Owens worked with a varied I s "Where Montana and Italy meet."freelance clientele,including,the - -+ �' r� � ' ��`� ' . Y layout of some of well-known local publica- ✓ `'` lions,such as f �~ Ar i tie Tributary magazine. g Owens is cur- 't' -y - ;f t rently designing ads,brochures and ID materi- t ---- als for RAC Owens clients in a host j a of different industries. - . `? duti .+ • t 4. ill # -- Right Angle Communications welcomes Andrew Rice as its new art di- rector.Rice re- located to a Bozeman from roplin,Mo., J a , , E�L'� O31, where he served as creative di- T 4F� ITALIAN rector for a to- � cal media group.He was , responsible for assisting with Rice , 0 0 0 O ® • N. 587.255 D4 BOZEMAN DAILY CHRONICLE, Sunday, June 19, 2005 MARKETS iqeWYork StoCkS CardnlHllh 83091 59.53 +2.50 _ G_H McAfee 89488 26.49 +.OS Saks If 72600 17.85 •.21 ,rRCD/�/� GileadScis 177007 u45.49 +2.17 RoyaleEs 92938 10.41 +1.95 I ,IRJ{r76J CaremkRx 118127 44.45 11.15 MeadWvco 60901 29.60 +.12 SalEMlnc2 4992 13.30 •.03 NASDAQ GlacrBcps 5735 25.40 +1.43 SBA Com 44324 u12.46 +1.4E GabelliET x6754 8.97 -.03 CarMax 86231 25.85 +.73 MedcoHlth 86908 52.66 +2.91 SaImSBF 5825 13.01 +.16 NEW YORK(AP)-Weekly roundup for Glenayre 57814 u3.72 +.08 SanDisk 176415 25.01 +.21 NEW YORK(AP)-Weekly roundup for Carnival 204609 55.54 +4.54 Gallaher 1136 61.04 -.66 Medtrnic 160467 53.23 +.55 SJuanB 12570 u41.41 v+3.16 over-the-counter stocks. Google n 662645 280.30 -2.20 Sanmina 295746 5.67 +.41 New York stock exchange Issues. Catellus 69360 u34.05 33 Gannett 60916 d75.03 +.95 MellonFnc 69228 28.32 +.34 Sanofi 197750 42.42 •.92 Vol(100s) last Ch9 GrWlfRes n 44249 d20.31 -.51 SavieniPh 51441 u3.87 +.4T Caterpillr 115039 u100.20 +3.18 Gap 212705 20.95 -.04 Merck 350475 32.22 +.83 SFeEnTr 889 39.35 +.95 H-W ScanSoft 46414 4.07 +.Of Celesticg 39166 13.18 +.19 Gateway 163441 3.48 +.17 MeridRes 43952 5.19 +.39 SaraLee 125367 d19.85 -.11 A-B-C SciCione 50324 4.82 +.6° Vol(1DOs) Last 02 Clg Cemex 44273 u42.42 +2.07 Genentch 135699 u82.47 +1.31 MerrillLyn 217432 55.84 +.09 SchergPI 247985 19.38 -.06 ADC Tel rs 89331 u22.07 -,49 Harmonic 94268 5.92 +.47 SciGames 49072 u26.50 +1.75 Cenex 144273 22.32 +.87 GenDyn 39559 u112.04 +.79 MetLife 300514 u44.74 +.89 Schlmb 186718 76.45 +3.20 ASML Hid 87265 16.58 +.33 Hastings 0209 0.47 SearsHldgs 276315 150.26 +13.2f A-B GenElec 984395 36.50 .13 HotTopic 50209 20.47 09 CenterPnt x102501 12.65 *23 GnMarit 57373 41.84 -34 MichStrd 521 u41.73 +.72 Schwab 259463 11.80 +.Ot p7l Tech 255810 13.28 +.07 HudsCitys 336487 11.30 +.12 Semitool 3640 10.94 a.7i ABB Ltd 10D639 6.96 +.17 Centex 85780 u70.94 +4.69 GenMills 73227 51.25 03 MichStr s 44521 41.73 62 ScfAtlanfa 59463 33.80 20 Aastrom 294639 2.88 +.28 HumGen 85513 10.99 +.30 Sepracor 58640 61.00 +2.71 ACE Ltd 56175 45.90 +1.21 CntryTel 59113 34.84 +.98 GnMotr 580524 35.68 +1.17 MicronT 280115 •10.83 07 ScdttPw 10770 u34.74 +.12 Abgenix 147863 8.93 r1.47 HuntJB s 84964 19.85 +.85 ShuffI 55130 28.48 .OE AES Cp 111616 15.84 +1.00 Chemed s 14939 38.66 -2.51 MittalStl 39610 26.10 +2.20 SeagateT 280103 19.00 -1.42 AbleEnr 56346 17.50 •.57 ShufflMst s 55130 28.48 +1.4r AFLAC 89905 u43.72 +1.51 ChesEng 241412 23.39 +1.89 GM GM db33B 45883 22 62 +.89 MobileTel s 74008 32.75 +1.35 SempraEn 45291 40.13 +.08 AbleLabs 105425 3.57 -.70 AC Intern 249168 25.616 -.85 SiebelSys 360633 8.75 +.01 AK Steel 212565 7.40 +.48 Chevron s 378493 58.97 +2.67 Monsnto 121635 u67.60 +3.84 SviceCp 62609 7.54 +.09 Activisn s 160770 17.56 +.41 Sify 50263 5.16 +A Genworth 52467 u30.71 +1.16 ICOS 29281 21.01 +.19 AMR 206742 12.60 -1.00 Chicoss 45152 64939u255.09 +7.79 Moodyss 77672 u51.11 +2.20 ShopKo 15978 24.28 +.18 Acxiom 52265 20.96 -.61 Silicnlm 47234 11.21 +.31 GaPacif 67677 33.07 •.40 Icoria 74031 .26 +.01 AT&T 206742 19.32 +.27 Chubb 40833 u35.15 +1.25 MS Asian 575802 51.10 +L50 SiderNad 0350 u17.98 +1.82 Adaptec 47219 4.31 +.02 S(hcnlmg 03486 14.0 •.41 AUOptron 70920 u18.14 +.59 Chubb x40833 u84.80 36 Gerdaus 39531 10.03 +.68 MS Asia 5802 13.10 +.07 SiderNacs 40350 17.98 +1.71 Immuc 169030 33.14 .16 SST 158349 5.15 +.1( AblLab 138714 49.43 +.53 Cimarex 58012 39.85 +.85 GerFd 652 7.89 +.09 Adtran s 368036 31.45 +.5 , ImoSpce s 57456 34.14 •4.16 Mosaic 50716 14.51 +.68 SiermHS 18081 u68.92 +3.62 Slcnware 58349 5.15 +.1( AberFitc 85363 u68.95 +1.86 CinciBell 45671 4.22 +.10 Gillette 177008 52.16 -.20 Motorola x519337 18.21 +.21 Adtran 68036 25.45 •1.55 InfoSpce 57456 34.94 +1.79 - r SierrPac 74959 u12.87 +.47 Sine 00757 26.0 7 Glamis 38963 16.64 +.75 Mur h Aftymet h 52502 52.67 •2.74 Insmed 58401 11.9 +2.44 Abitibi g 64927 4.90 +.27 ClNergy 45860 u43.77 +1.48 D 0 s 54808 u54.48 +2.90, SilcnGph h 69757 .81 SiriusS 2600757 6.02 +.3i Accenture 108198 23.62 •.32 CircCiry 178056 16.93 +.23 GlaxoSKln 61914 49.03 -.10 MylanLab 301643 19.68 +2.28 SimonProp 42597 u73.83 +2.38 Aka a 55176 14.18 +.75 Insured 5482 .75 +.02 g Stne 227618 1.68 +1.2! GlobalSFe 137021 u41.52 +1.54 NBTY 38515 26.43 +2.83 Ala m sa 66007 14.18 +.21 Insleel n 5303 23.94 +2.10 AdvMOpt 78112 39.22 +2.47 Ciliprp 586411 47.46 18 Smithlnll x65952 64.11 +3.82 SmurfStne 227618 11.68 +.8: GoldFltd 104996 10.99 +.34 NCR Cp s 46661 37.04 +.85 Alamosa 166007 u13.41 +.62 IntegCirc 275303 21.94 +2.32 AMD 316707 17.44 13 CitzComm 97055 13.53 +.23 SmithfF 56211 27.68 -.38 Sohu.cm 49518 22.33 +1.92 Aeropstl 89943 32.81 +1.80 ClearChan 143962 30.01 -.51 Goldcrp g 90248 15.37 +17 NamTai 9838 23.70 +1.05 Smucker 17655 48.60 -1.53 Alkerm 59773 12.91 +.88 Intel 387811 11.60 -1.14 Sonus n 244676 4.87 D GoIdWFS 96299 u66.74 +6.29 NallCi 97949 34.69 +.90 AltairNano 59773 2.91 +.OS Intel 2587811 27.12 +.14 Aetna s 4417 u50.99 +1.90 ClevClf s 50402 63.95 +6.75 ty Solect 01393 34.19 +1.03 Stapless 139320 54.55 +.tr GoldmanS 314730 103.80 +4.75 NatGrid 2899 48.50 -.25 AlteraCp 275777 20.81 -.76 InirntlnitJ 668034 u7.12 -4.58 AHCmpS 44172 50.99 +.99 Clorox 42449 57.02 -.08 Southn 119128 4.26 +.52 Starbucks 162439 29.21 .11 Agere rs 84328 12.59 +.98 Coach s 119486 u32.94 +1.54 Goodyear 124476 56.06 +.61 NO(IVarco 76810 48.52 +2.37 SouthnCo 119128 34.26 19 Amazon 18464 35.31 +.10 Intuit 98769 45.36 +•46 StlDyna 62439 29.21 +2.11 Agilent 70588 24.77 +.27 CocaCl x253243 44.05 +.38 Graingr 24476 56.06 +1.56 NatSem( x194227 21.16 +.05 SPeruC 88331 46 DO +2.42 Amazon 218464 35.31 +.36 Intuit 98769 45.36 +1.Of StemCells 103694 4.11 +.1 A rium x43915 u20.71 +1.64 CocaCE x67931 22.39 +.16 GrantPrde 42556 u27.06 +1.18 NavigCons 48232 18.51 +.86 SwstAirl 116512 14.07 -.31 AEagleOs 113745 u31.14 +.46 InvFnSv 68118 39.93 +2.15 r 9 B StrchMb 5190 32.80 +1.0 AirProd 55429 62.09 +.89 Coeur 142015 3.75 +.21 GNlron 128 107.99 +6.76 Navistar 47463 33.94 -.33 SwnEngy s 79667 u43.39 +6.24 APwCnv 52782 23.87 -.03 Invitrogn 87527 78.89 -•9g StrohMb 125190 2.80 +.2f AirTran 45000 9.79 •.26 ColpPal 88280 49.33 43 GIPlainEn 10622 31.97 +.08 NY CmtyB 58229 18.05 +.54 SovrgnBcp 68125 22.40 +.34 Ameritrade 172782 u15.01 +.09 Isonics 49469 3.07 -•14 SunMicro 3062846 3.87 +.11 Albertsn 144385 21.50 +.72 CoIgPal x88280 49.33 +2.69 Guldant 211583 u72.46 -.84 NY Times 85768.d32.16 +1.36 SpmIFON 491428 24.96 +.26 Amgen 318486 60.62 +.41 IvanhoeEn 147124 2.48 +.27 HCA Inc 121709 u56.76 +1.89 AmkorT 165939 5.00 +.03 Ixia 58094 u21.12 +1.62 SwiftTrn 48161 23.79 +.3: Alvan 81355 31.81 +1.87 CmcBNJ s 135187 30.05 +2.54 NewellRub 72724 23.52 +.50 StdPac 29651 u88.82 +6.27 Sycamre 58924 3.51 +.11 Alcatel 52603 11.79 +.74 CmcFdl 78178 u33.96 +8.60 HRPT Prp 27961 12.48 +.34 NewfExp s 56404 u40.60 +1.48 StanlWk 17165 45.76 +1.28 Amylin 490354 20..10 +4.16 JOS Uniph 1437610 1.58 +.04 Symantec s 733192 21.61 +.1 Alcoa 271202 28.25 +1.15 CVRD s 144682 30.76 +2.84 Hallibtn 181455 u46.39 +1.51 NewmtM 278326 39.99 +1.92 StarwdHtl 79547 58.62 +.74 AndrxGp 62203 20.74 -.06 JetBlue 53208 21.52 -.81 AllegTch x80860 23.26 r1.27 CVRD pf s 44682 30.76 +2.20 Hanover 44209 11.90 +.83 NewsCpA n 511435 17.00 +.81 StateStr 69809 49.15 -.75 ApolioG 74718 78.54 -1.92 JnprNtw 304840 26.27 +1.14 Symetric 55252 10.72 +.5' Allergan 45304 84.64 +2.89 CompAs x124614 27.42 +.52 HarteyD 79225 49.63 +.38 NewsCpB n 243558 17.86 +.98 StdBcp s x2322 22.86 +1.15 APPIeC s 887661 38.31 +2.50 K M Synagroeron 182236 1.61 +.6 AIIiData 55705 39.11 +2.21 Harman 57090 86.25 -3.12 NikeB 96120 88.38 +2.42 ApplDigl rs 66095 3.55 -.04 Syneron n 82236 31.61 +.6 AIIiGam 63843 14.75 +.89 CompSci 70223 44.26 -.63 StillwtrM 31685 7.92 +.97 ConAgra 170223 24.26 +.63 HarmonyG 75550 8.20 +.34 NobleCorp 96602 u63.08 +1.48 StorTch 89634 u36.37 +.03 ApldMatl 1151205 16.90 -.25 KLATnc 270605 46.53 +1.10 Synopsys 70396 17.44 8! AldWaste 62841 8.21 +.13 ConocPhil s 293165 u60.68 +4.74 HarrahE 209517 u74.23 12.41 NokiaCp 400114 17.31 +.46 s7 Gold n, 89905 43.63' +1.01 AMCC 138840 2.77 -.07 KnghtCap 74701 7.73 -.09 T-U-V Allstate 129807 u60.19 +1.00 Conseco 69453 u20.92 +.52 Harris s 40025 32.46 +.86 Nordstr 61316 u69.06 +2.88 Stryker 70210 49.36 +.46 aGuantive 80321 u17.30 +1.22 Komag 51805 29.07 -1.92 THO Inc 64165 u30.14 +2.9i Alltel 105447 u60.75 +.17 ConsolEgy 64112 u54.15 +1.56 Harsco 8099 58.66 23 NorilkSo 94645 32.94 +1.55 SturmR 3231 8.20 15 Arbinet n 44636 11.60 73 Kulicke 64241 7.27 +•31 TakeTwo s 76141 u28.10 -.4 Altria x376432 67.04 •1.41 ConEd 64112 45.91 +.33 HartfdFn 52217 u76.36 +2.09 NortelNet 849048 2.74 +.16 Suncorg 86512 u47.11 +4.08 Arris 87587 8.44 +.03 LaJoIIPh 150029 .93 +.03 TASERs 202107 10.65 -.1 AmSev s 46748 u30.41 +3.11 ConstellA s 51404 28.11 +.09 HltMgt 66499 25.80 07 NoFrkBc s 94766 28.33 +1.07 SunGard 38674 34.98 -.02 74435 31.83 64 LamRsch 118490 30.63 07 Tekelec 53668 16.73 +.4 Amdocs 63788 27.31 a1.57 Cons B 51404 28.11 •.68 HealthNet 82903 u37.23 +1.51 NorthropG 58105 56.40 -.21 Sunoco 57217 u116.05 +7.64 Atmel 238179 2.80 -.05 Lattice 50647 4.74 +.29 Telesys 53658 15.63 +.2 Amdocs x63788 u127.31 +9.00 CtIAIr 8 86454 u13.5 +-.30 HeclaM 55495 4.74 +.07 NwstNG 6882 u37.95 +1.35 SunocoTrst 52302 74.13 +1.91 Autodsk s 99080 36.86 +.29 Leve13 466018 2.26 +.02 TelwestGl n 45419 u21.93 +.1 Amerco pf 94 25.15 +.OS Cooperinds 19282 66.55 31 Heinz 39114 36.33 +.19 Novartis 44444 48.39 22 Symb1T 82027 11.05 +.43 Avanex 82077 .97 •.02 LexarMd 98439 6.16 +.37 Teliklnc 65887 15.77 +2.0 Ameren 40489 54.49 +.83 CooperTrre 29282 66.55 -,g1 Hershey 31205 64.98 +.97 Nucor 142694 54.36 +2.93 Symbsco 182027 11.05 +.05 Axcelis 53328 7.33 •.36 LibtyGlobA 107790 46.15 +2.46 Tellabs 345887 8.77 +.2 AMoviIL 63295 u60.63 +3.88 Corning 511664 u16.62 +.66 HewleHP x652827 u23.91 +.49 NvIn01 x1029 15.91 +.03 TCF Fncl s 30963 26.80 +1.73 BE Aero 23541 u15.07 +.41 LinearTch 180036 37.66 85 Telular 5052 d3.64 +.4 AmWest 38973 6.24 ,15 Corning s 511668 39.10 +.38 Hilton 96765 24.27 -.26 NvPIM x556 15.53 +.13 TECO 51603 u18.77 +.46 BEA Sys 291231 8.07 -.61 MCG Cap 45624 16.42 -.10 7evaPh s 134151 32.60 0 AmAxle 44312 23.60 +1.06 Covent 56024 71.14 +.81 HomeDp 251391 38.12 +.70 0-P TJX 134674 24.54 +1.22 BallardPw 101472 4.81 +1.10 MCI Inc n 385854 25.70 +.21 3Com 253952 3.91 +.1 AEP 64785 35.77 +.04 Crompton 54768 15.00 +.07 Honwtllntl 251391 38.12 +1.72 OCA Inc If 136302 d1.44 +.06 TXU Corp 111541 84.20 +2.13 BafrettB s 503 15.39 •.19 MRV Cm 29785 2.08 +.24 TlbcoSh 238044 6.89 -.4 Hormel 15325 AmExp 228689 54.83 +.12 CrwnCstle 80362 u18.32 +.24 HostMarr 92482 u17.57 +.46 OGE Engy 11737 u28.84 +.47 TaiwSemi x305883 u9.18 -.O6 BeaconP 114621 1.12 +.05 MacelPt a 269183 u3.20 +1.54 TiVo Inc 127978 6.95 .2 AFncIRT 46465 15.90 +.30 CrownHold 55889 14.85 +A6 HovnanE 69810 u66.22 +5.86 OM Grp If 11056 26.16 +1.31 Target 170167 54.42 +.87 Bed Bath 172556 u43.42 +2.20 Manntch 6041 17.12 +.67 Trnsmeta 51699 .70 -.0 AmintGp If 331235 55.55 +.46 LypSem 183455 14.05 +AO OMI C 73459 19.30 •.35 TelNorL 75954 16.27 +1.06 Biogenldc 250046 35.94 +.93 TrnSwtc 84002 u2.19 +.1 AmStand 53666 43.60 +.72 ONP Sekt 9071 11.66 +.13 Huntsmn n 4Humana 72 8 764 u19.78 a+.88 Occipel 108910 u80.13 +4.12 TelMexl s 77417 18.86 +.53 BIoLase if 5158 7.40 +.44 MaximMarvel s 287005 38.134992 39 40 63 Travelzoo 85180 35.38 +3.7 AmSIP3 1705 11.57 -.04 DR Horm s 134360 u37.46 +3.28 --- - OffcDpt 59782 22.60 +.51 TelspCel 56797 5.10 +.35 Biomet 90288 37.00 -1.10 TrIDUInt 79659 3.45 +.2 AmTower 115436 u19.01 +.64 DTE )(28334 u47.08 +.09 W ONiceMax 41408 30.58 +.Ot Templeln s 50958 37.15 +.67 BostnCom 55873 2.17 -.03 McLeo A 152154 d.10 -.04 Y4nReaIM 48722 4.00 +.4 Americdt 54324 25.04 +.06 DanaCp 42709 15.39 +.85 IMS Hlth 43901 23.67 +.02 OilStates 60060 u25.21 +.60 TmpEMF 1651 17.71 +.70 Brdcom 331167 35.79 +.76 MCDataA 87318 4.46 +28 USUnwir n 56853 u5.53 +.5 AmedsBrg 48696 u68.17 +3.61 Danaher 65442 54.90 +.47 Idacorp 10876 29.92 +.42 Omncre 77282 41.26 +2.87 TmpEMI 4317 13.84 -.26 BrcdeCm If 213718 4.01 -.02 Medlmun 86031 27.20 +1.14 USANA H 6158 43.01 +.6 AmSouth x51221 26.24 +.52 Darden 66807 33.00 -.44 ITW 106576 83.48 +1.98 Omnicom 101737 80.82 •1.02 TmpGlb x13091 8.86 +.16 CBRL Grp 28200 40.73 -.21 Medarex 48629 8.35 +1.13 UTStrcm 186524 7.70 -.9 Anadrk 40628 u38.2 +5.16 DeanFds 69505 u40.68 +.75 Imation x8430 37.90 -.14 OreStl 56104 18.84 +2.34 TempurP 72913 u24.07 +.66 CDCCpA 109617 3.08 20 Mercerintl 4194 7.30 +.Ot Ubiqu(T1 54175 7.37 +.4 Anheusr v 124345 46.25 +.01 Deere 78894 67.93 +1.12 INCO 87757 41.43 +2.48 OvShip 47040 59.00 -1.43 TenetHlt 98699 12.76 +.75 CDW Corp x52054 56.37 +2.43 Merclntr 147539 40.14 -2.23 UFnICp 10 24.36 +.2 Annaly 139114 20.00 -1.01 Delphi If 196447 5.18 +.55 IngerRd 74892 74.65 +.18 PG&E Cp 98482 u36.31 -.50 Teradyn 91840 13.76 +.61 CMGI 215096 1.90 -.02 Micret 53228 11.72 -.18 UStatn 5984 49.66 +.9 Aon Corp45266 24.84 +.22 In rmM 64154 15.00 +.10 Microchp 85556 30.61 +1.24 DeltaAir 145135 3.69 -.08 9 PNC 53652 55.00 +.21 Tesoro 58130 u49.43 +2.68 CNET 58752 11.11 +.71 UnvAmr 67890 u23.43 +1.2 Apa C 16140 24.64 +.14 Deluxe 7914 41.41 +.98 IBM 337125 76.39 +1.62 PPL Corp 22312 58.76 +1.10 Textnst 581900 27.32 -.06 CVB Fncl s 4502 19.72 +.94 Microsoft 3027482 25.04 -.39 UrbnOul s 77606 u58.92 +4.3 Apache 140232 u21.30 +4.29 DeutTel 42246 18.36 +.19 IntFlav 15540 37.61 +.26 PacifCre 44361 u67.16 +2.24 ThmBet 44258 28.97 CpstnTrb 79214 1.28 +.27 MicroStr 11171 50.40 -1.29 UtahMed x598 21.04 -.4 Aquila 60895 21.70 +.62 DevonE s x163394 49.24 +1.75 IntlGame 117581 29.69 +1.18 Pactiv 42289 22.40 -.13 3M Co 137632 76.92 +1.13 CardiacSci 167058 .99 +.18 Mikohn 54582 u15.20 +1.43 ValueClick 79832 10.09 -.1 Aquila 60895 3.70 +.10 DlaOth 140365 u54.08 +2.72 IntPap 153691 33.90 +1.21 ParPharm 55865 31.40 -1.15 Tidwtr 38423 38.60 +1.64 CareerEd 77588 37.40 -1.07 MillCell 49630 1.66 +.10 VascoDta 58166 u10.67 +.E 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DobsonCm 262992 u3.84 +.60 BellSouth 257810 53.73 +.94 EBrasAero x39607 33.49 +1.25 LennarA 102363 u63.34 +4.50 Prudentl 92902 u64.09 +.40 UnumProv 69716 18.40 +.41 Oscient 54365 2.01 +.30 Vol(I DbleCle 57736 23.81 89 EmrsnEl 54566 66.00 +1.02 PSEG 49134 57.38 +.33 VateaniPh 44064 20.01 +.77 PRA Intl 144234 4.67 +.21 (873 d.2 0 Bemis 15584 27.91 +.52 Emulex 59154 u19.65 +.76 Lexmark 72100 66.56 -.23 ValeroE s S14687 79.95 +5.86 DynMatk 88264 0.54 1'14 pRA Intl n 44233 24.67 03 BerkHa A zl93082375.00.625.10 EnCana s x100797 u3192 +.62 LibtyMA 401599 10.26 23 PugetEngy 14260 23.22 +.04 VerizonCm 341133 35.03 +.18 DynMatl 88264 40.54 +1.14 PacSunwr 73823 24.03 +.39 Alleon 64873 d.26 0 BerkH B 507 2751.DO -19.00 Enerpen s 25606 u34.61 +.96 LillyEli 141555 58.52 +1.53 PNH�� 102923 u86:00 +8A5 ViacomB 424908 33.48 -.21 eBay s 855518 38.05 +1.42 Avitar 86806 d.07 Ber P 6961 53.05 +1.65 Limited 102731 21.82 +.22 ErthLink 75507 9.72 +.02 PalmOne 89383 29.38 +2.42 BemaGold 149693 2.28 +.0 ry ENSCO A05835 37.98 +2.33 PPrIT 55"1 6.49 +.18 Vishay 1 66632 12.36 +.09 ParmTc 110823 6.69 +.21 y 506254 u68.34 +9.39 Enterasys h 62586 .95 +.1ncNat 61392 47.32 +2.31 •-7,- --aA Visteon 79700r 6.70 -.07 EchoSlar 71097 2 +.82 pattUTI s 156461 u28.91 +.47 CanArgo 105237 +.0 43679 14.10 +.67 Enterpy 34169 73.63 +. ckhdM 113418 64.66 -.49 Vodafone 102586 25.00 +.43 eCost.cm n 67211 36 Paychex 106165 30.63 +.51 DHB Inds 66592 +.9 10881 u37.90 +.12 Equifax 65116 35.34 +1A4 Pac 56652 23.88 -.03 Ouanexs x12491 53.20 +2.42 W-X - Elec(Arts 298024 5r. 4.08 peregrine 55360 1.02 •.03 DJIADiam x290042 +.9 01H�PR 89515 u59.20 +3.00 EgOlfPT 68840 u34.10 +.87 LowesCos 161749 59.42 +1.12 OuantaSvc 43422 u9.44 +.54 EmmisC 154888 17.75 -1.06 PetsMart 59815 30.82 -.40 EagleBbnd 216784 .25 +.0 Blockbslr 79201 10.15 +.50 EglyRsd x67497 u37.30 +1.17 Lucent 1464425 2.98 +.12 Ouiksilvr s 66786 15.80 -.40 WCICmts 48079 32.97 +2.99 EricsnTl 96767 32.37 +1.02 phnxTc 7447 8.04 +.64 GoldSir q 56800 3.16 +.0 Boeing 229076 64.62 •.03 Exelon 135652 37.30 .32 Luxottica 1660 21.32 +.19 Owes1Cm 228929 3.65 -04 WMS 13249 u33.85 +.67 EvrgrSlr 105349 7.27 +1.03 P(nxTc 57447 8.04 +.24 GoldStr f 356800 u3.16 +.0 BostonSct 203349 29.00 +.40 Lyondell 165787 25.86 +1.79 RPM 23993 18.70 +.62 Wachovia 171143 50.61 +.46 ExideTc 58456 5.40 +.54 ExxonMbl 745405 60.89 +2.51 WalMart 716356 48.93 +.95 P PlugPower 63625 7.45 +1.40 1ShJapan 487490 10.35 +1.1 tr 68362 34.64 +2.77 FPL Gp s 62848 41.48 +.4. 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Scheduling appointments •• Friday i i i i i 100Auto Plaza 1h •582-7700 is www.billionautogroup.Com NOTICE OF A PUBLIC HEARING NOW OPEN IN BELGRADE.,', TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT '� A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant to Chapter 18.36 Stop in and see our _ _ iK` of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street,North 27th Avenue,Baxter Lane and 'L Fowler Avenue. incredible selection of The purpose of the public hearing is to consider an amendment to an approved Planned Unit Development for West Winds Subdivi- sion,as requested by the property owner Cascade Development,Inc.,3825 Valley Commons Drive,Suite 4,Bozeman, `, l� . Montana 59718 and the representative EII4M Engineering,Inc.,601 Nildes Drive,Suite 2,Bozeman,Montana 59715. ^� The proposed amendment requests the deletion of Condition#27,which states,"The Section 42 Affordable Housing and the Assisted THIN BRICK '!; -L �-y. Living,as depicted in the plan,shall remain in the PUD plan'and to amend Condition#31 to read,"The City of Bozeman will accept PAVER) �? the 11%calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income - housing."The property is zoned R-3(Residential Medium Density District)and legally described as the NWV4,Sectiop 2, NATURAL THINROCK ° T2s,RSE,City of Bozeman,Montana. LANDSCAPE SUPPLIES ). =� �-`��z'�"` " PUBLIC HEP,RING MASONRY TOOLa .; BOZEMAN CFFY COMMISSION <=:, Tuesday July 5,2005 And much more! �' ' - �- 7:00 pm Community Room ROBINSON r Gallatin County Courthouse + 311 West Main Street Bozeman,Montana BRICK 150 Thunder Road COMPANY de BP BP ®- The City invites the pubfic to comment in writing and attend the public hearing.Written comments 406.3 8 5 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 rr {' `'" reviewed in the City of Bozeman Department of Planning and Community Development,Alfred M. Open FU stiff Professional Building.20 East Olive Street,582-2260.For those who require accommodations foi disabilities,please contact Ron Brey,City of Bozeman ADA Coordinator,582-2306(voice),582-2301 M-F 8 am-5 pm CMD). West Winds#Z-04050 Sat 8 am-12 pm Robins Brick.com In I Alu C OF BOZEMAN D`: RTMENT OF PLANNING AND AAMLINiTy DEVELOPMENT a�D 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 A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue,Baxter Lane and Fowler Avenue. The purpose of the public hearing is to consider an amendment to an approved Planned Unit Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HKM Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27, which states, "The Section 42 Affordable Housing and.the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to amend Condition #31 to read, "The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Seetien 42 housing lots so long as it includes some very low income housing." The property is zoned R-3 (Residential Medium Density District) and legally described as the NW'/a, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday,July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 311 West Main Street Bozeman, Montano The City invites the public to comment in writing and attend the public hearing. 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 #Z-04050 SUBMITTED 06/16/05 FOR SUNDAY, 06/19/05 DISPLAY AD PUBLICATION. PLEASE PRINT WITH NORTH ARROW UP, BOLD WHERE INDICATED, AND SEND AFFIDAVIT TO BOZEMAN DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT. planning • zoning • subdivision review . annexation • historic preservation • housing grant administration • neighborhood coordination • 4 r BNFTER f�3 . PLI CII&F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net NOTICE OF A PUBLIC HEARING TO AMEND A CONDITIONAL USE PERMIT FOR AN APPROVED PLANNED UNIT DEVELOPMENT A Conditional Use Permit application for a Planned Unit Development has been submitted pursuant to Chapter 18.36 of the Bozeman Unified Development Ordinance for 161.3 acres located between Oak Street, North 27`h Avenue, Baxter Lane and Fowler Avenue. 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 is to consider an amendment to an approved Planned Unit Development for West Winds Subdivision, as requested by the property owner Cascade Development, Inc., 3825 Valley Commons Drive, Suite 4, Bozeman, Montana 59718 and the representative HKM Engineering, Inc., 601 Nikles Drive, Suite 2, Bozeman, Montana 59715. The proposed amendment requests the deletion of Condition #27,which states, "The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan" and to 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 property is zoned R-3 (Residential Medium Density District) and legally described as the NW'/a, Section 2, T2S, R5E, City of Bozeman, Montana. PUBLIC HEARING BOZEMAN CITY COMMISSION Tuesday, July 5, 2005 7:00 pm Community Room Gallatin County Courthouse 31 1 West Main Street Bozeman, Montana The City invites the public to comment in writing and attend the public hearing. 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 wh'o require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301 (TDD). West Winds #Z-04050 Notice may be continued on the back of this sheet planning • zoning . subdivision review . annexation • historic preservation . housing • grant administration . neighborhood coordination BP� R-1 BP BNFTER PL1 EE4 Page 2 ENGINEERING � June 3, 2005 McChesney Professional Building Rec. No. 04S067.110 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax 406.586.1730 Ms. Jami Morris www.hkminc.com Bozeman Planning & Community Development 20 E. Olive Street Bozeman, MT 59715 RE: West Winds Planned Community [E C IE t1 V IE Affordable Housing D Request for Amended PUD Conditions JUN 0 3 2005 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Dear Jami; The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development approval conditions. Specifically, to add five (5) additional conditions to address affordable housing and assisted living, delete condition No. 27 and revise condition No. 31, Original conditions as written within PUD approval: 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan 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. We acknowledge that the amendment of these conditions will require public notification and a public hearing before the City Commission. I have attached the appropriate applications and adjoining landowner lists for your use. The amendments to the PUD conditions that we are requesting are to address two (2) separate issues within the PUD, affordable housing, and assisted living. Affordable Housing John Dunlap (Cascade Development) and I have been working with the HRDC to develop an affordable housing project within West Winds. The HRDC has been very helpful and supportive in developing an affordable housing project within West Winds PUD. In working with the HRDC, it has become apparent the current PUD conditions cause a significant hardship to the development of an appropriate affordable housing product within the 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 Jami Morris ' June 3, 2005 Page 2 of 5 West Winds PUD. As currently written, the PUD condition requires "Section 42"affordable housing. This, combined with the UDO requirements,which state: 1) A proportionate share of affordable housing shall be provided per phase; and 2) The affordable units are to be "Constructed"causes it to be unfeasible to develop an effective affordable housing product. This is due to four primary reasons: expertise, timelines, uncertainty, and loss of flexibility. The PUD applicant (Cascade Development) is a development firm, and is not experienced in the complexities associated with"affordable"housing. To develop and construct affordable housing is a specialized field that requires significant time and expertise in the field. An example project requires the award of tax credits, followed by negotiations for the sale of those credits to a corporate investor that can take many months, followed by a 6-7 month process of obtaining the required public approvals, and then 12-16 months for construction. To complete this process for each phase of the project is not practical. In addition to the time that it may take to complete a tax credit project, there is an element of uncertainty as to if the tax credits are even going to be awarded in the first place. For every$3 worth of application, only$1 of tax credit is awarded. By following this tax credit(Section 42) track we also lose flexibility of affordable housing products that can be offered. In conversations with the HRDC, they believe a diversity of product is needed in Bozeman ranging from apartments to single-family homes. Section 42 housing is geared toward high-density apartments. Due to the significant time it would take to effectuate this type of project, coupled with the loss of flexibility, uncertainty, and specialization, Cascade Development, if bound to the"Section 42" and"constructed"terminology will suffer an undo hardship. Cascade Development's goal in this process is to provide a platform upon which affordable housing can be built. As a developer of real estate,they believe they can best contribute to affordable housing by providing"affordable"real estate. Below is a proposal that Cascade Development has created to show how they would like to proceed in developing affordable housing in West Winds. Amended Conditions In lieu of"Section 42" affordable housing and"constructed dwellings"(18.36.090E.(7.)(a.),we propose the following additional conditions be placed on the affordable housing parcel. By adding these conditions we will achieve four(4) critical goals that are required for the successful completion of the affordable housing: ■ Intent and spirit of the affordable housing ordinance is maintained. The conditions that are proposed make it feasible to provide"constructed units"through the combination of affordable real estate and a reasonable timeline to syndicate, finance and permit a project. ■ Enhanced flexibility is built into the affordable housing product that is to be developed on the site. The current PUD condition of Section 42 housing is limiting to the type of HAMS067110\050602la5 jm.doc Jami Morris • • June 3, 2005 Page 3 of 5 affordable housing that can be provided. According to HRDC staff a variety of multi- family and single-family product is needed. ■ Guarantee the construction of the affordable housing prior to full build-out of the West Winds PUD. Prior to the filing of the last phase of the West Winds 50% of the affordable housing as defined by City of Bozeman, CAHAB, and HRDC will be constructed. ■ Development timing, as mentioned above the development of affordable housing is a specialized and time-consuming process. To require the developer to provide a pro-rata share per phase is an undue hardship. Add Condition 1 —Deed Restriction A deed restriction will be placed on the parcel that restricts the use to affordable housing as defined by City of Bozeman, CAHAB, and HRDC. The current PUD condition requires HUD Section 42 housing. Based on conversation with HRDC this limits affordable housing opportunities for the parcel. This condition will provide the opportunity for a diverse type of affordable housing that best fits the current needs of the community. Through this deed restriction, the parcel will always be limited to use as an affordable housing project. Add Condition 2 — Price Restriction The sale price for the affordable parcel shall be limited to 45%of the appraised value, based on comparable multi-family parcels in Bozeman. It is important to keep in mind that no additional park area will be required for an affordable project with West Winds Park meeting the parcel park allocation, therefore the area provided is net buildable area. Add Condition 3 —PUD Performance Points The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under(I 8.36.090E.(7.)(a.) to meet the twenty (20) PUD performance points. However, the actual development density of theaffordablehousing parcel may vary dependant upon the type affordable housing that is needed in the community as determined by the affordable housing firm developing the parcel. Add Condition 4 —Construction of Affordable Units Prior to the filing of the final plat for last phase of the West Winds PUD, the affordable housing parcel shall be 50%built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 50% of the affordable H:\04\S0671 I0\0506021a5 jm.doc Jami Morns • June 3, 2005 Page 4of5 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 (18.36.090E.(7.)(b.) to meet the required PUD performance points. The value of cash-in-lieu shall be based on section (18.50.030C.) of the UDO. if cash-in-lieu for open space is used to meet PUD performance point requirements, the parcel will developed as a standard multi-family project and the above requested additional conditions will not apply. All conditions set forth will be executed, or in force, prior to the recordation of the final PUD and will be a condition of the recording. It is our proposal that the above conditions replace condition No. 27 of the PUD and that condition No. 31 be amended as follows: Delete 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan Amend 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the .affordable Seetien42 housing lots so long as it includes some very low income housing. Assisted Living In consideration for comments provided by the City Commission during the preliminary PUD review and approval process, an alternative residential design for the assisted living portion of the PUD has been provided. This alternative design is intended to specifically provide a grid- like townhouse/ single-family neighborhood development option for the southwest quadrant of the PUD. During the initial PUD approval process, concern was voiced that if the southwest quadrant of the PUD was not developed as assisted living it may create large parcels that will not provide the desired grid street system. In response to this concern we have developed the SW Residential Alternative as shown on Figure 1.2.A and detailed within Appendix 1.2 of the Final PUD Application. To consider the use of the SW Residential Alternative, we request an additional condition be added to the PUD. Add Condition 5 —Assisted Living 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. HAMS0671 10\050602la5 jm.doc Jami Morris • • June 3, 2005 Page 5 of 5 Please note this additional condition addresses partial content of requested deleted condition No. 27, discussed above. Scheduling of Public Hearing As allowed within the UDO for affordable housing, we request that the above additional and amended conditions and associated public hearing be expedited onto the City Commission agenda. We also request that the Final PUD approval be concurrent with this hearing and Commission meeting. If you have any questions or comments, please feel free to contact our office. Sincerely, HKM Engineering, Inc. Clint Litle, P.E. 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FTTr r] 7 IFTT( Ll I -�-�-�- L _I �u �I_ J� �l_'Li_I �,' r� � y 9' � fn F-r-rTT -r- T �; � �'IiI 11�I ' I I I I I I TI � 1 I I1 11 I I I 1 � ' I ' 1 _L_LLL�11__LLl� 1�L1LL�_1 J_LLJu-----� a — _ ��\9glc j I AS I 1wrerr�y�w+�ar I I rtnrrrrJr �n%_r n —_ — +S1tF�S S GKJNC 1KwRTL O C-NTEROF 8. sur� II 41LPc gN1b I iard-RYA 5Pf1F THUS „A SE 10 b ff WES T WINDS COMMUNI T Y r �r,VIISIDICTEW,Knume UNDIST M Oimomm Ache nm im mr.A NW 114 SECT/ON 2, T_2_6., R_5-E, P_M_M. ®57010 m7m 0E1°f10N PAa'T GALLATIN COUNTY, MONTANA IaA Yes. ® IEac»naAN TRAIL uaoealle � �, im MINE MASTER PL A N dm NN R.Sift 46 W RES/DENT/AL A L TERNA T/VE _-_-- B=.n MUMS --W WIER Cninc OFTWT FWAX1=1m KID c >�o F/GORE 7.2.A M. fMt DIM 1WL U.20% POOJIMY NO.040C.110 CWpW•YOOO HM Ogneelq In*,U Ii"fte e& 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.bozeman.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: 3825 Valley commons Drive,Suite No. 4,Bozeman MT 59718-6436 Phone: 406-585-9230 FAX: 406-556-1257 3.Applicant Information: Name: Same as owner E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: HKM Engineering Inc.,Clint Lide,P.E. E-mail Address: clide@hkminc.com Mailing Address: 601 Nikles Drive,Suite No. 2,Bozeman MT 59715 Phone: 406-586-8834 FAX: 406-586-1730 5. Legal Description: NW 1/4,Section 2,T2S,R5E,P.M.M.,Gallatin County MT 6. Street Address: Located at the NW quadrant of intersection Oak Street and North 27th Avenue,Bozeman MT. 7. Project Description: See attached Exhibit A --Project Description 8. Zoning Designation(s): R3 9. Current Land Use(s): Agricultural(hay production) 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 Q No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14. Will this application require a deviation(s)? El 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 Q 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 81/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8r/2-by Winches. 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 riay be assessed for my project. I(kVe)hereby certify that the above in ommation is a and correct to the best of my(our)knowledge. A A A A /) I Applicant's Signature: A411N Date: 6 Q Applicant's Signature: U Date: Property Owner's Signature: (c Date: S Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared tl/25/03) Exhibit A — Project Description To amend a preliminarily approved Planned Unit Development for West Winds Major Subdivision to specifically modify conditions#27 and #31 and request an additional relaxation from Section 18.36.090.E.2.a.(7).(a) as described in the narrative attached. CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, C L i 4To A 0. Li T t_E . �{'.E. , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners within 200 feet of the property located at N a 2T44w SS T OAr ,'27 TH , 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) 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 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) CERTIFICATION OF PROPERTY OWNERS LIST CastleBar II Limited Partnership 413 W. Idaho Street, Suite 201 Boise, ID 83702-6065 George C&Mary Ellen Stewart 160 W. 66"'Street,Apt. 25C New York,NY 10023-6559 Ira Martin&Barbara J.Bakken 3333 Fieldstone Drive W. Bozeman, MT 59715 Steven M. &Deanne L. Smith 2717 Allison Ct. Bozeman, MT 59718 David&Adelaide Astrom 3831 Lincoln Road Astrom 1993 Trust Santa Barbara, CA 93110-1533 Van Smith PO Box 432 Black Eagle, MT 59414 Michael P. Renaud 2803 Allison Ct. Bozeman, MT 59718 Shannon M. Smart&Jeffrey Scurlock 2719 McCormick Street Bozeman, MT 59718 David O. Chrest 415 Buckhom Trail Bozeman, MT 59718 Joe&Joyce Albro 2713 Allison Ct. Bozeman,MT 59718 David J. &Lavern C. Parisi 509 Arbor Drive Livingston,MT 59047 Anne J. Schneider 2324 Shenandoah Place Davis, CA 95616-6602 r Richard J. &Nancy K. Ojala 2741 Allison Ct. Bozeman, MT 59718 Gordon&Leesa W. Gregory 2807 Allison Ct. Bozeman,MT 59718 Dragan B. Danevski&Bojana V. Susak 2811 Allison Ct. Bozeman,MT 59718 Lloyd G. &Lorraine S. Jacobsen 2820 Allison Ct. Bozeman,MT 59718 Mary J. Christiansen 2806 Allison Ct. Bozeman,MT 59718 Andrew L. Cetraro 1213 Buckrake Ave. Bozeman, MT 59718 William R.Fiedler&Lynn MJ Fiedler 1228 Buckrake Ave. Bozeman, MT 59718 Tracy Larimer 1227 Barley Ave. Bozeman,MT 59718 Matthew L. &Angela R.Jamison 1229 Hunters Way Bozeman, MT 59718 Erin L.Krell 2813 Allison Ct. Bozeman,MT 59718 Jody Newton PO Box 7084 Bozeman, MT 59771 Jay Edwin&Lola Beth Conner 1221 Buckrake Ave. Bozeman,MT 59718 Claire A. Smith 1222 Buckrake Ave. Bozeman,MT 59718 Jeffrey B. Sperry&Jennifer L. Sperry 1229 Barley Ave. Bozeman, MT 59718 Nicole Wood 1235 Hunters Way Bozeman,MT 59718 Terrance E. &Kirsten K.Kubat 1223 Hunters Way Bozeman, MT 59718 Shi-Jie Gary Chen& Shu-Hwa Dale Ong 1220 Hunters Way Bozeman, MT 59718 Robert L. Gilbert&Lois Gilbert 1234 Hunters Way Bozeman,MT 59718 , Ben&Diane Rogers 6724 Davis Lane Bozeman,MT 59718 James&Elizabeth Drummond PO Box 3652 Bozeman,MT 59772 CAVU, LLC 13707 Camp Creek Road Manhattan,MT 59741 John F. Sheady&Karen J. Sheady 1509 Bridger Dr. Bozeman,MT 59715 Gallatin Center Limited Partnership 220 W. Lamme Street, Suite 1F Bozeman,MT 59715 Douglas J. &Diane F. Aita 1226 Hunters Way Bozeman,MT 59718 William R. &Dianne Peterson 5001 Baxter Lane E Bozeman, MT 59718 Lawry J. &Dorothy M.Brekke 5131 Baxter Lane E Bozeman, MT 59718 Ronald K. &Janice E. Lewis 5251 Baxter Lane E Bozeman,MT 59718 Baxter Square Partners 317 Sanders Ave. Bozeman, MT 59718 Bozeman Congregation of Jehovahs Witnesses 2155 Lomas Drive Bozeman,MT 59715 Roger H. Smith&Rosalind I. Smith 2305 W. Durston Rd. Bozeman, MT 59718 Fairview Investments, LLC 5601 Van Dusen Rd. Laurel,MD 20707 Heather Dickey&Chad Ripplinger 1725 W. Koch#1 Bozeman, MT 59715 MP Construction 2820 Outlaw Lane Bozeman,MT 59718 Baxter Meadows 2110 Overland Ave., Suite 127 AD%Baxter Meadows Development Billings,MT 59102 John Vincent 311 West Main, Room 306 Gallatin County Bozeman,MT 59715 Van E. Smith 2492 Rose Bozeman, MT 59718 William H. &Betty Anne Sippel Trust 12711 W. Allegro Dr. Sun City,AZ 85375 Robert J. &Janet M. Swenson 4959 Durston Rd. Bozeman, MT 59718 Daniell K.Hammill&Robert M. Hammill 1200 Durham Ave. Bozeman,MT 59718 Rasmussen Construction,Inc. 3724 Gardenbrook Bozeman,MT 59715 Rodney James&Tiffany James 311 8`h Street Belgrade, MT 59714 Jeffrey W. Galyen&Kevin W. Galyen 740 Meyers Lane Paradise, CA 95969. JxM Design&Construction,L.L.C. 3172 Lily Drive Bozeman,MT 59718 BTR,L.L.C. 300 N.Wilson St.#605F Bozeman, MT 59715 Erica Hauge 10 S. Yellowstone Ave. #13 Bozeman,MT 59718 Cascade Homes, Inc. 1627 W. Main St. #223 Bozeman, MT 59715 Greer Construction 513 N. 23rd Ave. Bozeman, MT 59718 Ira W. Slingsby 115 Briggs Rd. Bozeman, MT 59718 Dixson Properties, LLC PO Box 6099 Bozeman, MT 59771 CI*F 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 June 7, 2005 Cascade Development, Inc: 3825 Valley Commons Dr., Ste. 4 Bozeman, MT 59718-6436 Re: West Winds Mods to PUD (#Z-04050A) Dear Sirs: Your application for West Winds Modifications to a Planned Unit Development has been received and assigned to Associate Planner Jami Moms. The application has been reviewed in accordance with the submittal checklist and appears to meet the submittal requirements. However, please understand that during the course of review there may be items identified or issues which need to be addressed. Should that occur, Planner Morris will contact you. The final decision will be made by the City Commission on Tuesday, July 5, 2005, at 7:00 p.m., 411 East Main Street at City Hall in the Commission Meeting Room. ,Information will be sent to you and your representative(s)prior to that meeting. If you have any questions regarding the process or your project in general,please contact Planner Moms at 582-2260. Respectfully, Tara Hastie Administrative Assistant TH/th cc: HKM Engineering, ATTN: Clint Litle, 601 Nikles Dr, Ste. 2, Bozeman, MT 59715 planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination City of Bozeman 3 0 i Receipt Bozeman, Montana t r'�p 20 r �� Received of Cl Q �A C the sum of Q) p �� "O'krINA h C I c Dollars for P_C c'Y �� t u - o C 1 By �� I IL *4a MemoE N G IN E E R IN G To: Jami Morris From: Clint Litle V CC: JUN 0 3 2005 Date: 6/3/2005 DEPARTMENT Of.PLANNING AND COMMUNITY DEVELOPMENT Re: West Winds Jami: Attached for your review and distribution is the application for preliminary PUD condition amendment for the West Winds project. I have attached the following items: 1. 20 Copies of Application,which contain ■ Request/explanation Letter ■ Mapping ■ Application ■ Adjoining landowners list ■ Application fee($1000.00) 2. 1 Set of mailing labels 3. 1 Set of stamped envelopes If you have any questions feel free to contact our office. Clint Litle,P.E. HKM Engineering 601 Nikles Drive, Suite 2 Bozeman,MT 59715 406.586.8834 406.586.1730(fax) clitle@hkminc.com www.hkminc.com 1 © cY �- �� . ` ,� � �f � � r �� ` 1� 2�- � �� ,�� H E N G I N E E R I N G June 3, 2005 McChesney Professional Building Rec. No. 04S067.110 601 Nikles Drive Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 Ms. Jami Morris www.hkminc.com Bozeman Planning & Community Development 20 E. Olive Street Bozeman, MT 59715 I [E[..0 E D W E RE: West Winds Planned CommunityJUN 0 3 2005 . Affordable Housing DEPARTMENT OF PLANNING Request for Amended PUD Conditions AND COMMUNITY DEVELOPMENT Dear Jami; The purpose of this letter is to formally request an amendment to the West Winds Planned Unit Development approval conditions. Specifically, to add five (5) additional conditions to address affordable housing and assisted living, delete condition No. 27 and revise condition No. 31, Original conditions as written within PUD approval: 27. The Section 42 Affordable Housing and the Assisted Living, as depicted-in the plan, shall remain in the PUD plan 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. We acknowledge that the amendment of these conditions will require public notification and a public hearing before the City Commission. I have attached the appropriate applications and adjoining landowner lists.for your use. The amendments to the PUD conditions that we are requesting are to address two (2) separate issues within the PUD, affordable housing, and assisted living. Affordable Housing John Dunlap (Cascade Development) and I have been working with the HRDC to develop an affordable housing project within West Winds. The HRDC has been very helpful and supportive in developing an affordable housing project within West Winds PUD. In working with the HRDC, it has become apparent the current PUD conditions cause a significant hardship to the development of an appropriate affordable housing product within the BILLINGS,MONTANA 3UTTE,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 Jami Morris • June 3, 2005 Page 2 of 5 West Winds PUD. As currently written, the PUD condition requires "Section 42" affordable housing. This, combined with the UDO requirements, which state: 1) A proportionate share of affordable housing shall be provided per phase; and 2) The affordable units are to be "Constructed" causes it to be unfeasible to develop an effective affordable housing product. This is due to four primary reasons: expertise, timelines, uncertainty, and loss of flexibility. The PUD applicant (Cascade Development) is a development firm, and is not experienced in the complexities associated with "affordable"housing. To develop and construct affordable housing is a specialized field that requires significant time and expertise in the field. An example project requires the award of tax credits, followed by negotiations for the sale of those credits to a corporate investor that can take many months, followed by a 6-7 month process of obtaining the required public approvals, and then 12-16 months for construction. To complete this process for each phase of the project is not practical. In addition to the time that it may take to complete a tax credit project, there is an element of uncertainty as to if the tax credits are even going to be awarded in the first place. For every $3 worth of application, only$1 of tax credit is awarded. By following this tax credit(Section 42) track we also lose flexibility of affordable housing products that can be offered. In conversations with the HRDC, they believe a diversity of product is needed in Bozeman ranging from apartments to single-family homes. Section 42 housing is geared toward high-density apartments. Due to the significant time it would take to effectuate this type of project, coupled with the loss of flexibility, uncertainty, and specialization, Cascade Development, if bound to the"Section 42" and "constructed"terminology will suffer an undo hardship. Cascade Development's goal in this process is to provide a platform upon which affordable housing can be built. As a developer of real estate, they believe they can best contribute to affordable housing by providing"affordable" real estate. Below is a proposal that Cascade Development has created to show how they would like to proceed in developing affordable housing in West Winds. Amended Conditions In lieu of"Section 42" affordable housing and "constructed dwellings" (I 8.36.090E.(7.)(a.), we propose the following additional conditions be placed on the affordable housing parcel. By adding these conditions we will achieve four(4) critical goals that are required for the successful completion of the affordable housing: • Intent and spirit of the affordable housing ordinance is maintained. The conditions that are proposed make it feasible to provide"constructed units"through the combination of affordable real estate and a reasonable timeline to syndicate, finance and permit a project. ■ Enhanced flexibility is built into the affordable housing product that is to be developed on the site. The current PUD condition of Section 42 housing is limiting to the type of HAWS0671 I0\050602la5 jm.doc Jami Morris • 0 June 3, 2005 Page 3 of 5 affordable housing that can be provided. According to HRDC staff a variety of multi- family and single-family product is needed. ■ Guarantee the construction of the affordable housing prior to full build-out of the West Winds PUD. Prior to the filing of the last phase of the West Winds 50% of the affordable housing as defined by City of Bozeman, CAHAB, and HRDC will be constructed. ■ Development timing, as mentioned above the development of affordable housing is a specialized and time-consuming process. To require the developer to provide a pro-rata share per phase is an undue hardship. Add Condition I — Deed Restriction A deed restriction will be placed on the parcel that restricts the use to affordable housing as defined by City of Bozeman, CAHAB, and HRDC. The current PUD condition requires HUD Section 42 housing. Based on conversation with HRDC this limits affordable housing opportunities for the parcel. This condition will provide the opportunity for a diverse type of affordable housing that best fits the current needs of the community. Through this deed restriction, the parcel will always be limited to use as an affordable housing project. Add Condition 2— Price Restriction The sale price for the affordable parcel shall be limited to 45%of the appraised value, based on comparable multi-family parcels in Bozeman. It is important to keep in mind that no additional park area will be required for an affordable project with West Winds Park meeting the parcel park allocation, therefore the area provided is net buildable area. Add Condition 3 —PUD Performance Points The PUD performance points shall be based on supplying a parcel of land capable of carrying the required density under(I 8.36.090E.(7.)(a.) to meet the twenty(20) PUD performance points. However, the actual development density of the affordable housing parcel may vary dependant upon the type affordable housing that is needed in the community as determined by the affordable housing firm developing the parcel. Add Condition 4—Construction of Affordable Units Prior to the filing of the final plat for last phase of the West Winds PUD, the affordable housing parcel shall be 50%built-out based on the affordable housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 50% of the affordable HA04\S0671 I0\0506021a5 jm.doc Jami Morris • June 3, 2005 Page 4of5 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 (18.36.090E.(7.)(b.) to meet the required PUD performance points. The value of cash-in-lieu shall be based on section (I8.50.030C.) of the UDO. If cash-in-lieu for open space is used to meet PUD performance point requirements, the parcel will developed as a standard multi-family project and the above requested additional conditions will not apply. All conditions set forth will be executed, or in force,prior to the recordation of the final PUD and will be a condition of the recording. It is our proposal that the above conditions replace condition No. 27 of the PUD and that condition No. 31 be amended as follows: Delete 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan Amend 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Ction-42 housing lots so long as it includes some very low income housing. Assisted Living In consideration for comments provided by the City Commission during the preliminary PUD review and approval process, an alternative residential design for the assisted living portion of the PUD has been provided. This alternative design is intended to specifically provide a grid- like townhouse/ single-family neighborhood development option for the southwest quadrant of the PUD. During the initial PUD approval process, concern was voiced that if the southwest quadrant of the PUD was not developed as assisted living it may create large parcels that will not provide the desired grid street system. In response to this concern we have developed the SW Residential Alternative as shown on Figure 1.2.A and detailed within Appendix 1.2 of the Final PUD Application. To consider the use of the SW Residential Alternative, we request an additional condition be added to the PUD. Add Condition 5 —Assisted Living 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. H:\04\5067110\0506021a5 jm.doc Jami Morris • 0 June 3, 2005 Page 5 of 5 Please note this additional condition addresses partial content of requested deleted condition No. 27, discussed above. Scheduling of Public Hearing As allowed within the UDO for affordable housing, we request that the above additional and amended conditions and associated public hearing be expedited onto the City Commission agenda. We also request that the Final PUD approval be concurrent with this hearing and Commission meeting. If you have any questions or comments, please feel free to contact our office. Sincerely, HKM Engineering, Inc. Clint Litle, P.E. Senior Project Manager HAMS0671 I0\050602la5 jm.doc ......... .... ............... 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Z; I 404LE 5P�5 WEST WINDS COMMUNI T Y 1 ®JURISDICTIONAL WETLANDS DNDISIUBD Ounm m AcThc Im06A,W)1 AmcA NW 114 SECTION 2, T_2-9., R_'.LE., P_M_M ®STM RNTTR°ET'N`MN PARITY GALLATIN COUNTY, MONTANA SN�IMSS/IMF ———.Rid'6M TRAIL SISTE/ -N- � h� f {EDESTRAN TRAIL CROSSINS MA S TER PL A N dmNt1e�a.UM2 �i0� SW RESIDENTIAL ALTERNATIVE _____ [{mMtlm MRsms --slr AI IER COURSE Drina Mam F ( UlD T� o aou FIGURE 7.2..4 ado foot DATE IAVL 28.20M PRO=NO.042007.110 CmFW 4 201115 NNN Enhem"Im,Al RWft Aemr e, 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.bozeman.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: 3825 Valley commons Drive,Suite No. 4,Bozeman MT 59718-6436 Phone: 406-585-9230 FAX: 406-556-1257 3.Applicant Information: Name: Same as owner E-mail Address: TMailing Address: Phone: FAX: 4. Representative Information: Name: HKIVI Engineering Inc.,Clint Lide,P.E. E-mail Address: clide@hkminc.com Mailing Address: 601 Nikles Drive,Suite No. 2,Bozeman MT 59715 Phone: 406-586-8834 FAX: 406-586-1730 5. Legal Description: NW 1/4,Section 2,T2S,R5E,P.M.M.,Gallatin County MT 6. Street Address. Located at the NW quadrant of intersection Oak Street and North 27th Avenue,Bozeman MT. 7. Project Description: See attached Exhibit A--Project Description 8. Zoning Designation(s): R3 9. Current Land Use(s): Agricultural(hay production) 10. Bozeman 2020 Community Plan Designation: Residential Page 1 Apprapriate 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 0 No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? Q 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 0 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 8'/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)hereby certify that the above in ormation is AA A a and correct to the best of my(our)knowledge. Applicant's Signature: t Date: �j Q Applicant's Signature: Date: Property Owner's Signature: (� Date: f Q S Property Owner's Signature: I Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) • • Exhibit A — Project Description To amend a preliminarily approved Planned Unit Development for West Winds Major Subdivision to specifically modify conditions #27 and#31 and request an additional relaxation from Section 18.36.090.E.2.a.(7).(a) as described in the narrative attached. • • CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, C L i 4'ro A 0. Lr r L E . �.E. , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners within 200 feet of the property located at N o 2T.uw ES T m,,s,n 2^.�r CAe .'27 TA , 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) 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 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) CERTIFICATION OF PROPERTY OWNERS LIST CastleBar II Limited Partnership 413 W. Idaho Street, Suite 201 Boise, ID 83702-6065 George C&Mary Ellen Stewart 160 W. 661h Street,Apt. 25C New York,NY 10023-6559 Ira Martin&Barbara J.Bakken 3333 Fieldstone Drive W. Bozeman,_MT 59715 Steven M. &Deanne L. Smith 2717 Allison Ct. Bozeman,MT 59718 David&Adelaide Astrom 3831 Lincoln Road Astrom 1993 Trust Santa Barbara, CA 93110-1533 9 Van Smith PO Box 432 Black Eagle,MT 59414 Michael P. Renaud 2803 Allison Ct. Bozeman,MT 59 718 Shannon M. Smart&Jeffrey Scurlock 2719 McCormick Street Bozeman,MT 59 718 David O. Chrest 415 Buckhorn Trail Bozeman,MT 59718 Joe&Joyce Albro 2713 Allison Ct. Bozeman,MT 59718 David J. &Lavern C. Parisi 509 Arbor Drive Livingston,MT 59047 Anne J. Schneider 2324 Shenandoah Place Davis, CA 95616-6602 Richard J. &Nancy K. Ojala 2741 Allison Ct. Bozeman,MT 59718 Gordon&Leesa W. Gregory 2807 Allison Ct. Bozeman,MT 59718 Dragan B. Danevski&Bojana V. Susak 2811 Allison Ct. Bozeman,MT 59718 Lloyd G. &Lorraine S.Jacobsen 2820 Allison Ct. Bozeman,MT 59718 Mary J. Christiansen 2806 Allison Ct.. Bozeman,MT 59718 Andrew L. Cetraro 1213 Buckrake Ave. Bozeman,MT 59718 William R. Fiedler&Lynn MJ Fiedler 1228 Buckrake Ave. Bozeman,MT 59718 Tracy Larimer 1227 Barley Ave. Bozeman,MT 59718 Matthew L. &Angela R.Jamison 1229 Hunters Way- Bozeman,MT 59718 Erin L.Krell 2813 Allison Ct. Bozeman,MT 59718 Jody Newton PO Box 7084 Bozeman,MT 59771 Jay Edwin&Lola Beth Conner 1221 Buckrake Ave. Bozeman,MT 59718 Claire A. Smith 1222 Buckrake Ave. Bozeman,MT 59718 Jeffrey B. Sperry&Jennifer L. Sperry 1229 Barley Ave. Bozeman,MT 59718 Nicole Wood 1235 Hunters Way Bozeman,MT 59718 Terrance E. &Kirsten K. Kubat 1223 Hunters Way Bozeman,MT 59718 Shi-Jie Gary Chen& Shu-Hwa Dale Ong 1220 Hunters Way Bozeman,MT 59718 Robert L. Gilbert&Lois Gilbert 1234 Hunters Way Bozeman,MT 59718 Ben&Diane Rogers 6724 Davis Lane Bozeman,MT 59718 James&Elizabeth Drummond PO Box 3652 Bozeman,MT 59772 CAVU,LLC. 13707 Camp Creek Road Manhattan,MT 59741 John F. Sheady&Karen J. Sheady 1509 Bridger Dr. Bozeman,MT 59715 Gallatin Center Limited Partnership 220 W. Lamme Street, Suite 1F Bozeman,MT 59715 Douglas J. &Diane F. Aita 1226 Hunters Way Bozeman,MT 59718 William R. &Dianne Peterson 5001 Baxter Lane E Bozeman,MT 59718 Lawry J. &Dorothy M. Brekke 5131 Baxter Lane E Bozeman,MT 59718 Ronald K. &Janice E.Lewis 5251 Baxter Lane E Bozeman,MT 59718 Baxter Square Partners 317 Sanders Ave. Bozeman,MT 59718 Bozeman Congregation of Jehovahs Witnesses 2155 Lomas Drive Bozeman,MT 59715 Roger H. Smith&Rosalind I. Smith 2305 W. Durston Rd. Bozeman,MT 59718 Fairview Investments,LLC 5601 Van Dusen Rd. Laurel,MD 20707 Heather Dickey&Chad Ripplinger 1725 W. Koch#1 Bozeman,MT 59715 MP Construction 2820 Outlaw Lane Bozeman,MT 59718 Baxter Meadows 2110 Overland Ave., Suite 127 AD%Baxter Meadows Development Billings,MT 59102 John Vincent 311 West Main,Room 306 Gallatin County Bozeman,MT 59715 Van E. Smith 2492 Rose Bozeman,MT 59718 William H. &Betty Anne Sippel Trust 12711 W.Allegro Dr. Sun City,AZ 85375 Robert J. &Janet M. Swenson 4959 Durston Rd. Bozeman,MT 59718 Daniell K. Hammill&Robert M. Hammill 1200 Durham Ave. Bozeman,MT 59718 I I Rasmussen Construction,Inc. 3724 Gardenbrooki Bozeman,MT,597,15 Rodney James&Tiffany James 311 8`h Street Belgrade,MT 59714 i Jeffrey W. Galyen&Kevin W. Galyen 740 Meyers Lane Paradise,CA 95969. i JxM Design&Construction,L.L.C. 3172 Lily Drive Bozeman,MT 59 118 BTR L.L.C. 300 N. Wilson St. I605F Bozeman,MT 59715 Erica Hauge 10 S. Yellowstone Ave. #13 Bozeman,MT 59718 i Cascade Homes, Inc. 1627 W.Main St. #223 Bozeman,MT 59715 Greer Construction 51 �a i 3 N. 2 3 Ave. Bozeman,MT 597,118 Ira W. Slingsby 115 Briggs Rd. + Bozeman,MT 59718 Dixson Properties,LLC PO Box 6099 Bozeman,MT 59771 1 i