HomeMy WebLinkAbout11-12 Prelim Plat.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: A preliminary plat to subdivide approximately 39 acres into 56 residential single household lots and remaining area as streets, common open space, and parkland for property located southeast of the intersection of Baxter
Lane and Davis Lane, Application P13023, West Winds Major
Subdivision, Phase 6.
MEETING DATE: November 12, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: That the City Commission conditionally approves the Preliminary Plat
Application for the West Winds Major Subdivision, Phase 6, File P13023, with the conditions
listed in Planning Board Resolution P13023.
RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P13023 and move to approve the preliminary plat for the West Winds Major Subdivision, Phase 6 requested in application P13023 to subdivide approximately 39 acres
into 56 lots with the remaining area as streets, common open space, and parkland subject
to the conditions listed in Planning Board Resolution P13023.”
Staff report page references: conditions of approval, page 5; subdivision/findings criteria, page 9; code provisions, page 18.
BACKGROUND: Property owner Joe Mahar and applicant Dowl HKM have submitted a Major
Subdivision Preliminary Plat application to subdivide approximately 39 acres into 56 residential
single household lots and remaining area as streets, common open space, and parkland.
The Development Review Committee provided a recommendation of conditional approval of this application on October 2, 2013. The Planning Board held a public hearing and reviewed the
proposal on October 15, 2013 and voted 7-0 to recommend conditional approval as noted in the
attached Planning Board Resolution and meeting minutes. One member of the public spoke at
the public hearing in favor of the application. No written public comment has been received to date.
A full and complete digital version of the preliminary plat application is available upon request
at the office of the Department of Community Development. Staff’s full analysis of the review
criteria for this major subdivision is included in the attached staff report.
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UNRESOLVED ISSUES: None.
ALTERNATIVES: 1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions; 3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the
staff report; or
4. Open and continue the public hearing on the application, with
specific direction to staff or the applicant to supply additional information or to address specific items.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report; Planning Board Resolution #P-13023; October 15, 2013 Planning Board
Minutes; Applicant’s submittal materials.
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: October 30, 2013
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Page 1 of 24
P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION,
PHASE 6 PRELIMINARY PLAT
Date: City Commission meeting is on November 12, 2013
Item: A preliminary plat to subdivide approximately 39 acres into 56 residential single
household lots and remaining area as streets, common open space, and parkland for
property located southeast of the intersection of Baxter Lane and Davis Lane, Application
P13023, West Winds Major Subdivision, Phase 6.
Project Location: The project is located on property southeast of the intersection of Baxter Lane
and Davis Lane. It is legally described as Lot R2 of the West Winds Major Subdivision Phase 5
situated in the Northwest ½, Section 2, Township 2 South, Range 5 East, PMM, City of
Bozeman, Gallatin County, Montana and is known commonly as the West Winds Major
Subdivision PUD.
Recommendation: Approval with conditions
Recommended Motion:
“Having reviewed the application materials, considered public comment, and the staff analysis, I
hereby adopt the findings presented in the staff report for P13023 and move to approve the
preliminary plat for the West Winds Major Subdivision, Phase 6 requested in application P13023
to subdivide approximately 39 acres into 56 lots with the remaining area as streets, common
open space, and parkland subject to the conditions listed in Planning Board Resolution P13023.”
Report Date: Monday, November 04, 2013
Staff Contact: Brian Krueger, Development Review Manager
TABLE OF CONTENTS
Recommended Motion: ................................................................................................................ 1
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 5
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 7
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 8
SECTION 5 - STAFF ANALYSIS................................................................................................. 9
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 9
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 11
Preliminary Plat Supplements ........................................................................................... 13
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 18
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P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION PHASE 6 Page 2 of 24
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 22
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 23
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 24
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF.................................. 24
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P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION PHASE 6 Page 3 of 24
SECTION 1 - MAP SERIES
2012 Aerial Photo
Subject Property
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P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION PHASE 6 Page 4 of 24
Vicinity Map – 2012 Aerial Photo with Zoning
Surrounding Zoning and Land Uses:
North: Rural dwellings, Unannexed County land zoned A-S, Agricultural Suburban
South: West Winds PUD Phases 3-5, zoned R-3
East: West Winds PUD Phases 1-2, zoned R-3
West The Crossing Subdivision, zoned R-3
Subject Property
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P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION PHASE 6 Page 5 of 24
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute
conditions of approval. The conditions of approval may require compliance with more than the
minimum standards in order to conform to the physical and economic development of the City,
and to the safety and general welfare of the future lot owners and of the community at large. The
applicant must comply with all provisions of the Bozeman Municipal Code which are applicable
to this project.
Recommended Conditions of Approval:
Community Development Department:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies on a
3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF
copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected
to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one
side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of
Approval sheet as a separate document from the Plat. This accompanying sheet may either
be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits.
2. 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.
3. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration and recitals creating the property
owner’s association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing West Winds Subdivision property owners association. Any cost
sharing agreements for maintenance shall be included with the final plat.
5. The final plat shall contain the following notation on its face or in a document to be recorded
with the final plat: “Ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands shall
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be that of the property owner’s association. Maintenance responsibility shall include, in
addition to the common open space and trails, all vegetative ground cover, boulevard trees
and irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas. All
areas within the subdivision that are designated herein as common open space including trails
are for the use and enjoyment by residents of the development and the general public. The
property owner’s association shall be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat for each phase of the subdivision the subdivider shall
transfer ownership of all common open space areas within each phase to the property
owner’s association created by the subdivider to maintain all common open space areas
within West Winds Phase 6.”
6. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat, or other recordable document acceptable to the City of Bozeman.
This table shall include but not be limited to listing all dedicated parkland requirements,
parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention
areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total
area of each. The applicant shall provide a minimum of 1.68 acres of dedicated parkland or
equivalent thereof with the major subdivision. This amount is calculated based on 56 single
household residential lots at 0.03 acres per dwelling of dedicated parkland. The final plat,
property owner’s association documents (POA), and park master plan may not include any
reference to “dedicated” open space and Public Park; rather if the areas designated as such on
the preliminary plat are to be common open space owned by the POA or a park owned by the
POA, or a combination thereof the plat, POA documents and park master plan must
specifically designate them as common open space owned by the POA, etc. unless the
applicant intends to dedicate public parkland within the subdivision.
7. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
8. The remainder of the West Winds Subdivision, Phase 6 shall be platted as an undevelopable
lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on
each undevelopable lot of the final plat “Lot development subject to further subdivision
review.” No public improvements shall be required for the undevelopable lot until it is
subdivided as a lot which is not subject to this restriction. This language shall be placed on
the face of the plat or in a separate executed document to be recorded with the final plat:
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“NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the West Winds
Subdivision, Phase 6, City of Bozeman, Gallatin County, Montana, that the final plat of the
subdivision was approved by the Bozeman City Commission without completion of on and
off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter
38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat
that stipulates that any use of this lot is subject to further subdivision, and no development of
this lot shall occur until all on and off site improvements are completed as required under the
Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be
issued for Lot R, of the West Winds Subdivision Phase 6, City of Bozeman, Gallatin County,
Montana until all required on and off site improvements are completed and accepted by the
City of Bozeman. No building structure requiring water or sewer facilities shall be utilized
on this lot until this restriction is lifted. This restriction runs with the land and is revocable
only by further subdivision or the written consent of the City of Bozeman.”
9. A preconstruction meeting shall be held with the City Parks Department prior to any
parkland improvement construction. The applicant shall contact the Parks Superintendent to
schedule a meeting prior to any construction.
Engineering Department:
10. The south half of Baxter Lane shall be constructed to the 2 lane option minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan alone the entire frontage
of the subdivision. This shall include tapers meeting AASHTO standards to transition back
to the existing roadway width on the east and west. The improvements shall be installed or
financially guaranteed prior to final plat approval. All improvements shall be complete prior
to issuance of a building permit.
11. Signing and striping to separate the turning movements at the intersection of 27th and Oak to
provide an acceptable level of service shall be shall be installed or financially guaranteed
prior to final plat approval. All improvements shall be complete prior to issuance of a
building permit.
12. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot
deep that is created by phasing.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: West Winds Major Subdivision Phase 6 Preliminary Plat
File: P13023
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
September 18, 25, and October 2, 2013 and as a result, finds that the application, with conditions,
is in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting
Act and the Unified Development Code. The DRC recommended conditional approval of the
preliminary plat application.
Recreation and Parks Advisory Board, Subdivision Committee
The Recreation and Parks Advisory Board (RPAB) Subdivision Committee reviewed the
Preliminary Plat application and Parks Plan and proposed improvements to parkland on
September 20, 2013. The RPAB committee supported the continued development of the West
Winds Subdivision and recommended approval of the subdivision and parks improvements as
submitted.
Planning Board
The Planning Board reviewed the preliminary plat and held a public hearing on October 15,
2013. The Planning Board recommended approval of the subdivision on a unanimous vote of 7-
0. The Planning Boards recommended conditions of approval are provided in Planning Board
resolution P13023. One member of the public spoke at the hearing in favor of the subdivision.
City Commission
The City Commission is scheduled to hold a public hearing and review the preliminary plat on
November 12, 2013.
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SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project, prior to receiving final plat 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.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition no. 1, the final plat must comply with State statute
and the Bozeman Municipal Code including the newly adopted ARM’s from the State.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The advisory code citations (standards) of the UDC that are listed in Appendix A shall be
addressed with the final plat application.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board shall
forward a recommendation in a Resolution to the City Commission who will make the final
decision on the applicant’s request.
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4) Compliance with Chapter 38, BMC and other relevant regulations
Based upon the review of the DRC, all applicable regulations appear to be met. Pertinent code
provisions and site specific requirements are included in this report for City Commission
consideration.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
As noted under item number 2 above and as required under Section 38.23.060.A BMC, all
easements, existing and proposed, shall be accurately depicted and addressed on the final plat
and in the final plat application. Therefore, all utilities and necessary utility easements will be
provided and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
All of the proposed lots have frontage on adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via curb cuts to perimeter streets.
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Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following
primary review criteria for the governing body to consider when evaluating subdivisions. Staff,
the DRC and other applicable review agencies have made comments in relation to those and
other criteria as described below, and have recommended conditions of approval as outlined at
the beginning of this staff report.
1) The effect on agriculture
The subject property is designated as Residential according to the City of Bozeman Community
Plan. The subject property is zoned for residential development and is not in agricultural
production. Therefore, this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There are no changes or impacts are identified to agricultural water user facilities located on the
subject property.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. The
applicant has provided the necessary water and sewer design report for review by the City
Water/Sewer and Engineering Departments.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the City
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. The proposed subdivision is bound by Baxter Lane (arterial) to the north, Davis
Lane (arterial) to the west, Winter Park Street (local) to the south and open space to the east.
Davis and Winter Park have been previously improved to the City’s street standards (with the
exception of sidewalks), whereas Baxter is currently constructed to a county road standard. The
proposed subdivision improvements will include the installation of six local streets: Tschache
Lane, Windward Avenue, Autumn Grove Street, Westwind Way, Trade Wind Lane, and Hunters
Way constructed to current City design standards. Additionally, the southern half of Baxter Lane
will be constructed to a minor arterial standard adjacent to the subdivision.
There are no new intersections with the surrounding major street network proposed with this
subdivision. The ownership and maintenance of Tschache Lane, Windward Avenue, Autumn
Grove Street, Westwind Way, Trade Wind Lane, and Hunters Way will be accepted by the City
of Bozeman.
A traffic impact study was completed by Dowl HKM and was included in the applicant’s
submittal materials. The traffic impact study stated that “Table 12 indicates the intersection of
27th Avenue and Oak Street, analyzed with the existing lane configuration; (Depicted in Figure
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P13023, Staff Report for the WEST WINDS MAJOR SUBDIVISION PHASE 6 Page 12 of 24
3) is projected to fall below the acceptable LOS C by 2016 without the proposed development
site-generated traffic. Table 12 also analyzes the intersection of 27th Avenue and Oak Street with
a proposed lane configuration, (Depicted in Figure 3) which modifies the northbound and
southbound approaches to included left/through lanes with dedicated right-turn bays. The
northbound and southbound approaches to the intersection of 27th Avenue and Oak Street allow
adequate width for this proposed lane configuration, which is projected to provide a satisfactory
LOC C through 2016 with the inclusion of the proposed development site-generated traffic.
Therefore, all that is required to implement the proposed lane configuration is to re-stripe the
northbound and southbound approaches to the intersection of 27th Avenue and Oak Street to
include a left/though lane and a dedicated right-turn bay.” One of the recommended conditions
of approval require the signing and striping of the approaches be installed or financially
guaranteed prior to final plat approval, and installed prior to the issuance of a building permit in
accordance with the code.
Stormwater – The applicant submitted a preliminary design report for stormwater management
for review by the City Engineering Department. The standard requirement for a detailed review
of the final grading and drainage plan, and approval by the City Engineer, will be required as
part of the infrastructure plan and specification review process prior to final plat approval.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Department
prior to filing the final plat to facilitate emergency response to the site.
Parklands – Dedicated parkland is required and provided with this subdivision the application
proposes to dedicate 3.1 acres of parkland in compliance with code requirements. The park to be
constructed with this phase will complete the north to south extent of the parkland and trail
system along Harmon Ditch, aka Cattail Creek through the West Winds development.
4) The effect on the Natural environment
This property is located in an area of the City which has been identified and developed for
residential uses at urban density and no changes are proposed that would impact the natural
environment. No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. The applicant has
entered into an agreement for a Noxious Weed Management and Revegetation Plan with the
Gallatin County Weed Control District. The final plat notes that due to high groundwater full or
partial basements are not recommended.
5) The effect on Wildlife and wildlife habitat
No known endangered species or critical game ranges have been identified on the subject
property. This area of the City has been identified and developed for urban purposes in a
location of the City where no physical features, established vegetation, or habitat exist, which
reduces the potential for development of any wildlife habitat.
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6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
result, the DRC and Department of Community Development have reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on May 15, 2013. With
the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of this property. Staff offers the
following summary comments on the supplemental information required with Article 38.41,
BMC.
38.41.060.A.1 Surface Water
Farmers Canal/Harmon Ditch aka Cattail Creek, flows north-south through the park land located
in the center of the West Winds PUD project, generally separating Phases 1 and 2 from Phases 3
thru 8. There is a 50 foot watercourse setback. All lots have been platted outside of the
watercourse setback area. Any activity within the identified watercourse and/or wetlands area
(i.e., road construction) will require all applicable permits (i.e., 310, 404, Turbidity exemption,
etc.).
38.41.060.A.2 Floodplains
The floodplain study for Farmers Canal/Harmon Ditch, aka Cattail Creek, was completed in
December, 2004 and that report found n that the 100 year water surface boundary was largely
contained well within the 50 foot required watercourse setback from Cattail Creek. The report
recommended culvert sizing for the east/west street crossings that have been implemented in the
infrastructure approvals for the subdivision. The culverts for all street crossings are in place.
38.41.060.A.3 Groundwater
Depth to groundwater was measured in different locations on the property on April 9, 2003, July
1, 2003 and February 4, 2004 with the original preliminary plat application. The depth to
groundwater was between 1.7 feet and 10.4 feet from the surface. As discussed in the report the
fluctuations of groundwater depth are also due to the season, irrigation and land use. A note is
included on the final plat that due to high ground water conditions in the area full or partial
basements are not recommended. Buildings proposed for construction with crawl spaces or
basements shall include Engineer Certification regarding depth of ground water and soil
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conditions and proposed mitigation methods to be submitted with each Building Permit.
Installation of municipal water and sanitary sewer services will greatly reduce any concerns
regarding the potential of groundwater degradation.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical features or topographical conditions have been identified, and no slopes in excess of fifteen
percent (15%) grade are evident.
Other than the need to dewater areas for utility installation there does not appear to be anything
in the geotechnical report that indicates any geologic hazards. The Building Department will require a soils report for each lot prior to approving a building permit.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property.
38.41.060.A.6 Wildlife
Due to the agricultural history of the property and limited mature vegetation in the area, any
potential impacts to wildlife and wildlife habitat are limited to small mammals and ground
nesting birds, but also larger mammals such as deer frequent the property. No known
endangered species or critical game ranges have been identified in the area. The 50-foot
watercourse setback along the existing watercourse will protect any riparian environment already
established on the property. Montana Fish Wildlife and Parks was contacted regarding the
subdivision and they responded that the wildlife evaluation was well done and that they had no
comment on the subdivision.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The State Historic Preservation Office has
determined that no historical features exist on the subject property.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture. The adopted Growth Policy identifies this property as Residential. The City
Commission approved the residential zoning on the property with the annexation. The zoning
designations and adopted Growth Policy do not contemplate agricultural uses for this property.
38.41.060.A.9 Agricultural Water User Facilities
Farmers Canal/Harmon Ditch aka Cattail Creek bisects the West Winds Subdivision. There are
no agricultural water user facilities on the subject property other than the potential water transfer
through Cattail Creek. No realignment or relocation of active irrigation ditches or pipelines is
proposed. If an irrigation facility or points of diversions thereon are proposed to be realigned or
relocated, the developer's professional engineer shall certify, prior to final plat or final plan
approval, that the water entering and exiting the realigned or relocated irrigation facility is the
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same quality and amount of water that entered or exited the facility prior to realignment or
relocation.
38.41.060.A.10 Water and Sewer
Adequate capacity exists to service the subdivision. Municipal water and sewer mains exist in
the adjacent street right-of-ways. The applicant has provided the necessary water and sewer
design report for review by the City Water/Sewer and Engineering Departments. Final approval
of the water distribution system and sewage collection/disposal system will be obtained through
normal approval procedures of preliminary and final plat review by the City Engineer’s Office,
Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
As this property generally slopes from south to north, drainage swales will convey stormwater
from the ends of the proposed streets to an existing detention pond on the northern portion of the
property adjacent to Baxter Lane. Final approval of the stormwater system will be obtained
through the City Engineering Department.
38.41.060.A.12 Streets, Roads and Alleys
The proposed subdivision is bound by Baxter Lane (arterial) to the north, Davis Lane (arterial) to
the west, Winter Park Street (local) to the south and open space to the east. Davis and Winter
Park have been previously improved to the City’s street standards (with the exception of
sidewalks), whereas Baxter is currently constructed to a county road standard. The proposed
subdivision improvements will include the installation of six local streets: Tschache Lane,
Windward Avenue, Autumn Grove Street, Westwind Way, Trade Wind Lane, and Hunters Way
constructed to current City design standards. Additionally, the southern half of Baxter Lane will
be constructed to a minor arterial standard adjacent to the subdivision.
There are no new intersections with the surrounding major street network proposed with this
subdivision. The ownership and maintenance of Tschache Lane, Windward Avenue, Autumn
Grove Street, Westwind Way, Trade Wind Lane, and Hunters Way will be accepted by the City
of Bozeman.
A traffic impact study was completed by Dowl HHM and was included in the applicant’s
submittal materials.
A combination of five and six foot sidewalks are proposed within the development and around
the perimeter of the subdivision. All sidewalks adjacent to parks and arterial streets will be six
foot wide, while all other sidewalks will be five foot wide. Final approval of the sidewalk
improvement plans will be obtained through the City Engineering Department.
38.41.060.A.13 Utilities
The gas, electric, phone and fiber optic services will be extended into the subdivision from the
existing internal and perimeter streets. All private utilities servicing the subdivision will be
installed underground. The standard utility easements have been provided with the preliminary
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plat. The final plat includes the easement notation required with the Certificate of Dedication as
set forth in the Unified Development Code. All utilities will be required to coordinate their
installation and location with the installation of the infrastructure. The DRC and local review
agencies did not identify any potential impacts and/or concerns with providing private utilities to
the subdivision.
38.41.060.A.14 Educational Facilities
The applicant solicited comments from the Bozeman School District and received a letter
confirming that the Bozeman School District could accommodate the new students anticipated to
come from this subdivision. The subdivision is in the Emily Dickinson Elementary School,
Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated
that the existing bus system can accommodate the estimated number of additional students.
38.41.060.A.15 Land Use
The 56 lot subdivision is planned for single household residential uses as allowed in the underlying R-3 (Medium Density Residential) zoning district and as approved through the West Winds Planned Unit Development.
38.41.060.A.16 Parks and Recreation Facilities
The parkland dedication requirements for this subdivision will be satisfied with public parklands
dedicated with the filing of final plat and the required site improvements. At 0.03 acres of
dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat
application would be 1.68 acres. The proposed parkland to be dedicated and improved with this
phase is 3.1 acres. A master parks plan was approved by the City Commission on May 16, 2005.
The proposed parkland, open space, and public right-of-way improvements are in conformance
with this plan. The park to be constructed with this phase will complete the north to south extent
of the parkland and trail system along Farmers Canal/Harmon Ditch, aka Cattail Creek through
the West Winds development.
38.41.060.A.17 Neighborhood Center Plan
The dedicated parkland situated north to south along Farmers Canal/Harmon Ditch aka Cattail Creek is identified as satisfying the requirements of a neighborhood center for the West Winds
Major Subdivision. The dedicated park is of a size and layout that allows for both passive and
active recreation, and includes a trail along the Cattail Creek watercourse. The platted location
of the park generally does meet the following criteria detailed in Section 38.23.020.A: the
geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along
100% of its perimeter. The neighborhood center has been developed according to the approved
West Winds Planned Unit Development and parks master plan.
38.41.060.A.18 Lighting Plan
No street lights are proposed around the perimeter of the subdivision. Internally, street lights are
being proposed at all intersections in accordance with the City of Bozeman Design Standards and
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Specifications Policy. Final approval of the lighting system will be obtained through the City
Engineering Department.
38.41.060.A.19 Miscellaneous
There are no public lands other than parkland within 200 feet of the subdivision or any health or
hazards on site or adjacent to the subject property.
38.41.060.A.20 Affordable Housing
The West Winds Planned Unit Development provided a deed restricted lot for affordable housing
as part of the performance points required for the planned unit development. The West Winds
Subdivision continues to develop with the requirement that the affordable housing must be
constructed prior to the final phase of the PUD. The Workforce Housing Ordinance (Ordinance
1710) has been suspended by the City Commission.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final plat application or other process
step.
Community Development Department Cited Code Provisions:
a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to that
expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for the City Commission’s consideration. The City
Commission may, at the written request of the developer, extend its approval for no more than
one calendar year, except that the City Commission may extend its approval for a period of more
than one year if that approval period is included as a specific condition of a written subdivision
improvements agreement between the City Commission and the developer, provided for in §38.41.060, BMC.
b. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office,
is due with each final plat(s) of the major subdivision.
c. 38.21.060.C.1 “Corner Lots” – The property owner’s association documents shall provide
language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots.
d. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety. Further, homes on corner
lots shall have the same orientation as homes on lots on the interior of the block, unless
otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of
all corner lots.
e. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
f. 38.23.060.B “Private Utilities” – The final plat and homeowner’s association documents
shall contain a note stating that if a utility easement is greater than the building setback required
by Chapter 38, B.M.C. said easement shall apply. All utility easements shall be noted on the
Final Plat for each typical subdivision lot/block.
g. 38.23.120 - If mail will not be delivered to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in
cooperation with the United States Postal Service. All cluster mail boxes must be ADA
accessible and placed accordingly. It shall not be the responsibility of the City to maintain or
plan any mail delivery area constructed within a City right-of-way.
h. 38.25.020.A “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages as outlined
by Section 38.25.020.A, BMC.
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i. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed development
site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards)
shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For
street trees, a City of Bozeman planting permit for street trees and obtaining utility locations
before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a
planting note stating that the planting hole shall be at least twice the diameter of the root ball,
that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
j. 38.26.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, turf
grass and street trees on the portions of open space and parkland adjacent to public streets. Trees
may not be located within 10 feet of sewer and water services. Sewer and water services shall be
shown on the landscaping plan of the park and open space plan, and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be
submitted, identifying the location and tree species to be installed by the developer, prior to
installation of the trees or prior to final plat approval, whichever comes first.
k. 38.27.090 “Waiver of Park Maintenance District – Prior to final plat approval, executed
waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and
Recorder, unless already previously filed.
l. 38.38.030 “Covenants” - Covenants, restrictions, and articles of incorporation for the
creation of a property owners’ association shall be submitted with the final plat application for
review and approval by the Planning Office and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots
are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions
for snow removal, maintenance and upkeep of all common areas, public and private parks, trails,
storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements
for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance of all
parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with
established floor elevations and “no basement restriction”, 9) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 10)
noxious weed control, 11) parking within residential structures, and 12) assessment of existing
and future Special Improvement Districts.
m. These documents shall be submitted to the city attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior
to submitting a final plat application. These documents shall be executed and submitted with the
initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat
recordation.
n. 38.39.030 “Completion of Improvements” - If it is the developer’s intent to file the plat prior
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to the completion of all required improvements, an Improvements Agreement shall be entered
into with the City of Bozeman guaranteeing the completion of all improvements in accordance
with the preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
o. 38.39.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall
include language stating that “upon the third anniversary of the plat recordation of any phase of
the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
Engineering Department Cite Code Provisions:
p. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
storm water receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan.
A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form
and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water
Pollution Prevention Plan (SWPPP) if they are required for this development. A copy of the
Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval
letter from the Montana Department of Environmental Quality shall be submitted to the City.
Any storm water ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Storm water ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common
open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
q. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have been
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approved and a pre-construction conference has been conducted. All plans and specification
shall comply with the current version (including all addenda) of the City of Bozeman Design
Standards and Specifications Policy and the City of Bozeman Modifications To Montana Public
Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications.
r. No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
s. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed
or constructed prior to Final Plat approval.
t. City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
u. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
v. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
w. Ditch relocation: The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption,
etc.) shall be obtained prior to final approval. The Applicant shall comply with all parts of
section 38.23.060.D for any ditch relocation.
x. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement.
y. Project phasing shall be clearly defined including installation of infrastructure.
z. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
aa. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
bb. All construction activities shall comply with section 38.39.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section at
any time during the construction to ensure any damages or cleaning that are required are
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complete. The developer shall be responsible to reimburse the City for all costs associated with
the work if it becomes necessary for the City to correct any problems that are identified.
cc. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
dd. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
ee. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the
bond.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium
Density District). The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. It should provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. This designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The proposal includes the subdivision of an existing platted lot containing approximately 39
acres into 56 residential single household lots and remaining area as streets, common open space,
and parkland.
Project Background
The City Commission has approved the following relaxations for the West Winds Planned Unit
Development:
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.C “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.C “Block Width” to allow the minimum block length to be less than 200
feet for the blocks with Restricted Size Lots;
f) Section 18.42.180.C “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. h) Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof
pitch equal to of greater than 5:12 for multihousehold dwellings.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on April 22, 2013. The pre-application was
reviewed by the Development Review Committee (DRC) on May 15, 2013 and summary review
comments were forwarded to the applicant in preparation of the preliminary plat application and
granted numerous supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on July 16, 2013 and deemed acceptable
for initial review on July 24, 2013. The preliminary plat was reviewed by staff for adequacy prior
to DRC review and it was determined that the application did not contain the detailed and
supporting information sufficient to allow continued review on August 19, 2013. The applicant
submitted a revised application on August 30, 2013 and staff determined that the items were
satisfactory to allow continued review under the terms of the BMC. The preliminary plat was
reviewed by the DRC on September 18, 25, and October 2, 2013. On October 2, 2013 the DRC
reviewed the revised materials and provided a favorable recommendation on the application to
the Planning Board and City Commission. Following the DRC recommendation the applicant
submitted a revised traffic study for the application.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 29, 2013. The site was posted with a public notice on September 26, 2013. Public
notice was sent to adjacent property owners via certified mail, and to all other property owners of
record within 200 feet of the subject property via first class mail, on September 26, 2013. No
written public comment has been received on the application as of the writing of this staff report.
On October 10, 2013, this major subdivision staff report was drafted and forwarded to the
Planning Board with a recommendation of conditional approval. The Planning Board is held a
public hearing on the application on October 15, 2013. One member of the public spoke in favor
of the subdivision. No written public comment has been received to date.
The City Commission is scheduled to review the preliminary plat and make a decision at their
November 12, 2013 public hearing. The final decision for a Major Subdivision must be made
within 80 working days of the date it was deemed adequate or in this case by November 18,
2013.
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Joe Mahar, 13447 HWY 238 Jacksonville, OR 97530
Representative: Clint Litle, Dowl HKM 2090 Stadium Drive, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
Bob Murray, Project Engineer
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RESOLUTION P13023
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE APPROXIMATELY 39 ACRES, LOCATED SOUTHEAST OF THE INTERSECTION OF DAVIS LANE AND BAXTER LANE INTO FIFTY SIX RESIDENTIAL SINGLE
HOUSEHOLD LOTS AND THE REMAINING AREA AS STREETS, COMMON OPEN
SPACE, AND PARKLAND ON PROPERTY DESCRIBED AS LOT R2 OF THE WEST WINDS MAJOR SUBDIVISION, PHASE 5 LOCATED IN THE NORTHWEST ONE-HALF (NW 1/2) OF SECTION 2, TOWNSHIP TWO SOUTH (T2S), RANGE FIVE EAST (R5E), P.M.M. GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner Joe Mahar, 13447 HWY 238 Jacksonville, OR 97530
represented by Dowl HKM 2090 Stadium Drive, Bozeman, MT 59715 submitted a Major Subdivision Preliminary Plat Application to subdivide approximately 39 acres into fifty six
residential single-household lots and the remaining area as streets, common opens space, and
parkland on property legally described as Lot R2 of the West Winds Major Subdivision Phase 5
situated in the Northwest ½, Section 2, Township 2 South, Range 5 East, PMM, City of
Bozeman, Gallatin County, Montana and is known commonly as the West Winds Major Subdivision PUD; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been
properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, October 15, 2013, to review the application and any written public testimony on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS, one member of the general public provided oral testimony on the matter of
the preliminary plat application supporting the action stating it would improve the neighborhood
and parkland; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application in regards to the character of the area and the intent of the
subdivision and conformance with the approved planned unit development; and
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the preliminary plat application with the recommended conditions of approval provided in the staff report; and
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WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the
Major Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman
Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P13023 and voted 7-0 to recommend approval of the preliminary plat
application for the West Winds Major Subdivision, Phase 6 preliminary plat authorizing to
subdivide Lot R2, West Winds Phase 5 containing approximately 39 acres, into fifty six (56)
residential single-household lots and the remaining area as streets, common opens space, and
parkland subject to the following conditions:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a
3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF
copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected
to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one
side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either
be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits.
2. 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.
3. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration and recitals creating the property
owner’s association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing West Winds Subdivision property owners association. Any cost
sharing agreements for maintenance shall be included with the final plat.
5. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands shall
be that of the property owner’s association. Maintenance responsibility shall include, in
addition to the common open space and trails, all vegetative ground cover, boulevard trees
and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All
areas within the subdivision that are designated herein as common open space including trails
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are for the use and enjoyment by residents of the development and the general public. The
property owner’s association shall be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat for each phase of the subdivision the subdivider shall
transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas
within West Winds Phase 6.”
6. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman.
This table shall include but not be limited to listing all dedicated parkland requirements,
parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention
areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total
area of each. The applicant shall provide a minimum of 1.68 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 56 single
household residential lots at 0.03 acres per dwelling of dedicated parkland. The final plat,
property owner’s association documents (POA), and park master plan may not include any
reference to “dedicated” open space and Public Park; rather if the areas designated as such on
the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must
specifically designate them as common open space owned by the POA, etc. unless the
applicant intends to dedicate public parkland within the subdivision.
7. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
8. The remainder of the West Winds Subdivision, Phase 6 shall be platted as an undevelopable
lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision
review.” No public improvements shall be required for the undevelopable lot until it is
subdivided as a lot which is not subject to this restriction. This language shall be placed on
the face of the plat or in a separate executed document to be recorded with the final plat:
“NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R, of the West Winds Subdivision, Phase 6, City of Bozeman, Gallatin County, Montana, that the final plat of the
subdivision was approved by the Bozeman City Commission without completion of on and
off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter
38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat
that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the
Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be
issued for Lot R, of the West Winds Subdivision Phase 6, City of Bozeman, Gallatin County,
Montana until all required on and off site improvements are completed and accepted by the
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City of Bozeman. No building structure requiring water or sewer facilities shall be utilized
on this lot until this restriction is lifted. This restriction runs with the land and is revocable
only by further subdivision or the written consent of the City of Bozeman.”
9. A preconstruction meeting shall be held with the City Parks Department prior to any
parkland improvement construction. The applicant shall contact the Parks Superintendent to schedule a meeting prior to any construction.
10. The south half of Baxter Lane shall be constructed to the 2 lane option minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan alone the entire frontage
of the subdivision. This shall include tapers meeting AASHTO standards to transition back
to the existing roadway width on the east and west. The improvements shall be installed or financially guaranteed prior to final plat approval. All improvements shall be complete prior
to issuance of a building permit.
11. Signing and striping to separate the turning movements at the intersection of 27th and Oak to
provide an acceptable level of service shall be installed or financially guaranteed prior to
final plat approval. All improvements shall be complete prior to issuance of a building permit.
12. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot
deep that is created by phasing.
DATED THIS DAY OF , 2013 Resolution P13023
_____________________________ ____________________________
Brian Krueger, Development Review Manager Erik Garberg, Chairperson
Department of Community Development City of Bozeman Planning Board
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PLANNING BOARD MINUTES TUESDAY, OCTOBER 15, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 7:00 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance.
Members Present: Guests Present:
Trever McSpadden, President Gary Naden Matt Hausauer Terry Lonner
George Thompson Angie Naden Josh Anderson Martha Lonner
Carson Taylor Jordan Prester Kayla Anderson Brett Tudsbury
Jerry Pape Jock Zallar Collin McCullough Clint Litle
Erik Garberg Teri Ball Rachel Kaiser Nancy Hildner
Paul Neubauer Sue Lackey Sue Bonin Bob Sevinth
Julien Morice Curtis Graves Dick Bonin Nilda Blozer Delia Cohn Susan Tucker Don Aaker Members Absent: Daniel Cohn Gina Carolan Diane Aaker
Corrie Owens Michael Vivion Mike Balch
Staff Present: Joe Owens Shana Skradski Seretta Green
Tom Rogers, Associate Planner Brenda Ruhut Scott Bechtle Ed Mottram
Brian Krueger, Development Review Mgr. Martha Muth
ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning
Board and not scheduled on this agenda. Three-minute time limit per speaker.)
No public comment.
ITEM 3. MINUTES OF OCTOBER 1, 2013
A motion to accept the minutes of October 1, 2013 was moved, seconded and approved unanimously.
ITEM 4. PROJECT REVIEW
1. Oak Meadows GPA #P-13025
A Growth Policy Map Amendment application requested by owner RES-MT Oak Meadows LLC,
709 NW 107th Avenue 4th Floor, Miami FL 33172, applicant Cougar Properties LLC, 3805 Valley
Commons Drive #12, Bozeman MT 59718, and representative PC Associates LLC, 26D Shawnee Way, Bozeman MT 59715, to change the future land use classification on 5.74 acres from
Residential to Community Commercial Mixed Use. The property is legally described as Lots 1 and 2
and Open Space in, Block 5, and Lots 1 and 2 and Open Space 2 in Block 4 and a portion of Park 1
Oak Meadows Subdivision, and portions of North 14th Avenue and North 12th Avenue located in the
SW 1/4 Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (Rogers) (This item will be continued to the November 5, 2013 meeting.)
The Applicant requests that this item be the next meeting on November 5, 2013 at 7:00 p.m.
President McSpadden noted that Board Member Morice has an interest in this item (even though the
item is simply being continued). There was no public comment on this item. Board Member Garberg moved to continue this item to the November 5, 2013 meeting. The motion was seconded
and approved unanimously. Board member Morice was recused.
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2. Westwinds Phase 6 MaSub Prelim Plat # P-13023
A Major Subdivision Preliminary Plat Application requested by owner Joe Mahar, 13447 Highway
238, Jacksonville Oregon 97530, and representative DOWL HKM, 2090 Stadium Drive, Bozeman
Montana 59715, to create a 56-lot single-household-residence development. The property is legally
described as NW 1/4, Section 2, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin County, Montana. (Krueger)
Development Review Manager Brian Krueger summarized the project. This Board review is a quasi-
judicial hearing. He noted adjacent development, the large parkland corridor, senior living/services,
the fully vetted placement of streets/lots consistent with the PUD plan and R-3 zoning, extension of both Tschache and Trade Wind lanes, approved park plan, neighborhood center, the trail to Gallatin
valley mall, Hunter’s Way extension/bike route. No public comment was received. This project has
been reviewed by the Development Review Committee and other agencies including the Parks
Board. Staff recommends conditional approval (Property owners association (POA) participates in
the maintenance of the existing infrastructure in Westwinds, some engineering conditions related to traffic mitigation at 27th and Oak and the completion of half of Baxter Lane) of the subdivision.
Board questions included clarification of the location of the soccer field, street-front parking, and the
Baxter Lane frontage/bike lane configuration (this item was deferred to the applicant). Applicant
Representative Clint Litle of DOWL HKM stated that DOWL HKM is agreeable to Staff conditions,
and he summarized the project: full compliance with the PUD, the Westwinds POA, Baxter Lane, Tschache Lane, and completion of the park improvements. Questions to the applicant representative
included R-1 designation requiring a subsequent plat process in Phases 7 and 8. Both Mr. Litle and
Planner Krueger answered a board member’s question regarding the engineering condition options.
Public Comment: Mr. Ed Mottram of 1986 Santa Ana commented that he is very happy about the park and trail system.
Member Garberg moved to recommend approval of the application, and the motion was seconded by
Member Pape. Discussion included positive comments on project follow-through, and possible bike
lane extension on Baxter before the other phases are started.
The motion passed unanimously.
3. Ellis View MaSub Preliminary Plat #P-13019 A Major Subdivision Preliminary Plat application requested by the owner Mahar Montana Homes,
1627 West Main Street #370, Bozeman Montana 59718, and representative C&H Engineering &
Surveying Inc., 1091 Stoneridge Drive, Bozeman Montana 59718, to allow the subdivision of 5.010
acres into 9 lots from 1 existing lot for a single household development and in conjunction with a
Planned Unit Development. The Property is legally described at Lot 4A, Minor Subdivision No. 35-C located in the NE 1/4, Section 25, T.2S., R.5E. of P.M.M. Gallatin County, City of Bozeman,
Montana. (Rogers)
Planner Rogers summarized the project. The property was annexed into the City last year from
Gallatin County. It was initially proposed as R-1, and was ultimately zoned R-S. It was originally intended to be a church site. During the annexation the applicant responded to neighborhood
concerns and agreed not to connect to Good Medicine Way to the east. This application goes forth
concurrently with a planned unit development. The Planning Board is only reviewing the project
regarding the subdivision aspect. R-S districts are required to undergo PUD criteria review. The
applicant requested 9 relaxations which are not under the purview of the Planning Board review. Engineering provided additional minimum standard code provisions. The application meets open
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space and parkland requirements. Circulation is through a loop 53’ right of way off of 3rd Avenue. Due to elevation, the proposed gravity-fed sanitary sewer service would be provided by trenching
through an existing 30’ utility easement between already-developed lots 24 and 25 in Sundance
Springs. Through the PUD the connectivity will meet or exceed any Bozeman Municipal Code
requirements. Staff expressed concern that open space #2 on the north part of the property is also a
retention pond; however any potential overflow from the retention pond would naturally flow north. The borough ditch on the west side of Medicine Way is blocked off, so spillover would result in one
large pond. The applicant and engineer have agreed that the overflow will be shunted to the west into
the borough ditch on South 3rd Avenue. All manholes along the sewer line require a 12-foot-wide
all-season access road. This road need not be paved, and Staff has suggested hexagonal paver stones
that allow grass to grow up through them. This project has been through the Development Review Committee, which, along with Staff, recommend approval of this application. Numerous public
comments were received.
In response to a Board question about the loop road design and increased traffic flow on South 3rd
Avenue, Planner Rogers noted a traffic impact statement included in the Staff report, and that one of the conditions of the annexation was not to connect to Good Medicine, which is why there is a loop
road.
There were not questions for applicant representative Mike Balch of C&H Engineering.
Public Comment
Martha Muth (467 Peace Pipe Drive): She lives on lot 24 in Sundance Spring. Although she had
been aware of the utility access, she had not been aware of the manholes/access road. She has
researched alternative design ideas. She also believes the sewer should go southeast. She appreciates the lower density of this application.
Terry Lonner (3602 Good Medicine Way for 40 years): He is very pleased with no access on Good
Medicine Way. His concerns include: Will the city sewer hookup have a minimum impact on
adjacent neighbors and open space? Will construction equipment and traffic be kept off of Good Medicine Way? He states that 90% of traffic on Good Medicine Way is pedestrian. Will the
architectural design, lighting, fencing, house height and landscaping be complementary to the City
and County neighbors? What is the duration of the construction?
Martha Lonner (3602 Good Medicine Way for 40 years): Her residential neighborhood is an
attractive place to live. Medicine Way is a high pedestrian traffic. All county homes are on wells
and she is concerned about the borough ditch. Good Medicine way is a County street and supposed
to have plow pits on both sides. This needs to be addressed. She would like the new development
part of their neighborhood.
Nancy Hildner (3505 Good medicine Way for 20 years): her lot has septic and a well. Her basement
was flooded from the water in the ditch on South 3rd, and she is concerned about the amount of
water and the safety of her well.
Seretta Green (3606 Good Medicine Way): Her lot is on a well and slopes to the east and she is
concerned about the access road, retaining pond and water quality.
Applicant representative Mike Balch addressed the public comment as follows:
• Stormwater: The retention pond will contain the stormwater required as by the City; in addition, a swale will contain the water in case of an extremely large rain event.
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• Construction traffic and road width on Good Medicine Way: There should not be any access to the construction site from Good Medicine Way.
Chair McSpadden addressed the public comment concerning architecture and landscaping aesthetics:
• The project would be subject to the City of Bozeman Design Guidelines and would not be
required to adopt any architectural guides from existing subdivisions. Planner Rogers noted
that Staff has suggested a fence height of 4 feet for this project, and that further design
considerations will be addressed with the PUD. Member Garberg moved to recommend approval of the application with the conditions attached to
the Staff report. The motion was seconded. Chair McSpadden reiterated the purview of the Planning
Board regarding this preliminary plat application.
Board Member Garberg noted that the applicant has worked to address neighbor concerns and would be voting in support of the application for this meeting.
Board Member Pape asked City of Bozeman Engineer Dustin Johnson about alternatives to the
manholes in the utility easement. Engineer Johnson noted that the easement has been there for many years and was probably put there with good reason. He can only address the sewer issue as proposed in this application, and the City cannot tell the applicant that they may not use an easement that has
already been provided. The proposed gravity system is preferable to a lift station, which works
against gravity and is costly to maintain, and is not a solution that the City would recommend.
Applicant representative Balch added that C&H is presently working with the City to provide an alternative location for the sewer line infrastructure. Chair McSpadden clarified that is not the pipe, but rather the access to the pipe because it creates a visible surface feature, and asked if there might
be an opportunity to try something different regarding access. Engineer Johnson replied that it may
be possible. Board Member Pape suggested additional evaluation of this issue.
A vote was taken and the motion was carried unanimously.
ITEM 5. NEW BUSINESS
Board Member Pape suggested requested electronic distribution and standardization of posted meeting starting time. ITEM 6. ADJOURNMENT
Trever McSpadden, President Brian Krueger, Development Review Manager
Planning Board Department of Community Development
City of Bozeman City of Bozeman
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Lot # per FigureLast Name First Name Company Address City State ZipLot / Parcel #Block #Legal Description Property Address 1Colombo Joseph & Janet74 Hitching Post Rd Bozeman MT 59715Minor Sub 400, Sec 34 T1S R5E, Lot 2, 6.575 Acres2Peterson William and Dianne5001 Baxter Lane Bozeman MT 59718TR S1/2SW1/4SW1/4SW1/4 Sec35 T1S R5E, 5.00 Acres3221 Baxter Lane3Brekke Ronald & Robert3005 Baxter Lane Bozeman MT 59718TR W1/2E1/2SW1/4SW1/4 Sec.35 T1S R5E, 10.000 Acres3005 Baxter Lane4Drummond James & ElizabethPO Box 3652 Bozeman MT 59772TR E1/2E1/2SW1/4SW1/4 Sec35 T1S r5E, 10.000 Acres2921 Baxter Lane5Lewis Ronald & Janice2875 Bzxter Lane Bozeman MT 59718TR 5 W1/2W1/2SE1/4SW1/4 Sec. 35 T1S R5E, 10.000 Acres2875 Baxter Lane8D&D Palmer LLC34 Kean Dr. Bozeman MT 59718Baxter Square Sub Ph 1&2, Sec35, T1S, R5E, block 2, Lot 23, 1.311 Acres, Plat J-409 plus open space2831 Baxter Lane9B&B Land Development LLC12 Pronghorn Trail Bozeman MT 59718BAXTER SQUARE SUB PH 1 & 2, S35, T01 S, R05 E, BLOCK 1, Lot 26, ACRES 0.075, PLAT J-409 PLUS OPEN SPACE2148 Buckrake Ave10Chambers Flint2538 E Main St Rangely CO 81648BAXTER SQUARE SUB PH 1 & 2, S35, T01 S, R05 E, BLOCK 1, Lot 27, ACRES 0.075, PLAT J-409 PLUS OPEN SPACE2136 Buckrake Ave11Will Danielle & Sarah2120 Buckrake AveBozeman MT 59718BAXTER SQUARE SUB PH 1 & 2, S35, T01 S, R05 E, BLOCK 1, Lot 28, ACRES 0.063, PLAT J-409 PLUS OPEN SPACE 2120 Buckrake Ave12Laddusaw Thomas2114 Buckrake Ave Bozeman MT 59718BAXTER SQUARE SUB PH 1 & 2, S35, T01 S, R05 E, BLOCK 1, Lot 29, ACRES 0.054, PLAT J-409 PLUS OPEN SPACE2114 Buckrake Ave13Metcalf Thomas1718 Westview Road Fort Collins CO 80524BAXTER SQUARE SUB PH 1 & 2, S35, T01 S, R05 E, BLOCK 1, Lot 30, ACRES 0.123, PLAT J-409 PLUS OPEN SPACE2106 Buckrake Ave16Askin Tyler1995 Buckrake Ave Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 1A, PLAT J-445 PLUS OPEN SPACE1995 Buckrake Ave17Askin Tyler1995 Buckrake Ave Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 1B, PLAT J-445 PLUS OPEN SPACE1995 Buckrake AveWest Winds Subdivision Phase 6Adjoining Property OwnersPrepared DOWL HKM 6/24/2013187
Lot # per FigureLast Name First Name Company Address City State ZipLot / Parcel #Block #Legal Description Property Address West Winds Subdivision Phase 6Adjoining Property Owners18Bridger Peak Construction LLC PO Box 11469 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 2A, PLAT J-445 PLUS OPEN SPACE19Keiser Kathryn & George2789 Hedgerow CT Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 3, Lot 1A, PLAT J-445 PLUS OPEN SPACE2789 Hedgerow Ct.20Bridger Peak Construction LLC PO Box 11469 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 2B, PLAT J-445 PLUS OPEN SPACE21Loyal Partners LLC 2285 Virginia City Ct Bozeman MT 59715WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 3A, PLAT J-445 PLUS OPEN SPACE22Loyal Partners LLC 2285 Virginia City Ct Bozeman MT 59715WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 3B, PLAT J-445 PLUS OPEN SPACE23Bridger Peak Construction LLC PO Box 11469 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 4, Lot 12B, PLAT J-445 PLUS OPEN SPACE24Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 4A, PLAT J-445 PLUS OPEN SPACE25Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 2, Lot 4B, PLAT J-445 PLUS OPEN SPACE26Hanson Jeremiah & Jessica2793 Trade Wind Lane Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 4, Lot 1, PLAT J-445 PLUS OPEN SPACE2793 Trade Wind Lane27Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 5, Lot 1A1, AMND PLAT J-445B PLUS OPEN SPACE28Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 3, Lot 1B1, AMND PLAT J-445B PLUS OPEN SPACE29Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 5, Lot 2A, PLAT J-445 PLUS OPEN SPACEPrepared DOWL HKM 6/24/2013188
Lot # per FigureLast Name First Name Company Address City State ZipLot / Parcel #Block #Legal Description Property Address West Winds Subdivision Phase 6Adjoining Property Owners30Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 5, Lot 2B, PLAT J-445 PLUS OPEN SPACE31Triple MT LLC PO Box 10366 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 16A, PLAT J-445 PLUS OPEN SPACE32Triple MT LLC PO Box 10366 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 16B, PLAT J-445 PLUS OPEN SPACE33Triple MT LLC PO Box 10366 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 17A, PLAT J-445 PLUS OPEN SPACE34Triple MT LLC PO Box 10366 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 17B, PLAT J-445 PLUS OPEN SPACE35Gantt Ryan3104 Western Ave Unit 302 Seattle WA 98121WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 18A, PLAT J-445 PLUS OPEN SPACE36Halverson Nicole1897 Buckrake Ave Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 18B, PLAT J-445 PLUS OPEN SPACE 1897 Buckrake Ave37Mottram Kenneth & SusanPO Box 10893 Bozeman MT 59719WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 1, PLAT J-445 PLUS OPEN SPACE 1896 Santa Ana Ct38Tuthill Lucinda & Robert1888 Santa Ana Ct Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 2, PLAT J-445 PLUS OPEN SPACE1888 Santa Ana Ct39Andriolo Anthony1866 Santa Ana Ct Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 3, PLAT J-445 PLUS OPEN SPACE1866 Santa Ana Ct40McFarland Joseph & Heidi1848 Santa Ana Ct Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 4, PLAT J-445 PLUS OPEN SPACE1848 Santa Ana Ct41Bolin Ryan & Vanessa1826 Santa Ana Ct Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 5, PLAT J-445 PLUS OPEN SPACE1826 Santa Ana CtPrepared DOWL HKM 6/24/2013189
Lot # per FigureLast Name First Name Company Address City State ZipLot / Parcel #Block #Legal Description Property Address West Winds Subdivision Phase 6Adjoining Property Owners42Fretwell Michael & Holly3400 wildbunch Dr. Belgrade MT 59714WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 6, PLAT J-445 PLUS OPEN SPACE43Reynolds Darin & KristinPO Box 7855 Missoula MT 59807WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 7, PLAT J-445 PLUS OPEN SPACE1784 Santa Ana Ct44Warner Larry & Tanya40 Riverside Dr. Bozeman MT 59715WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 8, PLAT J-445 PLUS OPEN SPACE45Steel David2518 Daffodil Dr. Bozeman MT 59718WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 1, Lot 9, PLAT J-445 PLUS OPEN SPACE49Cook Gene1276 N 15th Ave Ste 103 Bozeman MT 59715WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 2, PLAT J-493 PLUS OPEN SPACE 1662 Hunters Way50Cook Gene1276 N 15th Ave Ste 103 Bozeman MT 59715WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 3, Lot 1, PLAT J-493 PLUS OPEN SPACE1680 Hunters Way51West Winds Sub Ph 4 Parks General Delivery Bozeman MT 59718WEST WINDS SUB PH 4, S02, T02 S, R05 E, PUBLIC PARK 1,2,3,4 PLAT J-49352Bozeman Partners LLC 111 Market St. NE STE 200 Olympia WA 98501WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 2, Lot 1, PLAT J-493 PLUS OPEN SPACE53West Winds Sub Ph 4 Parks General Delivery Bozeman MT 59718WEST WINDS SUB PH 4, S02, T02 S, R05 E, PUBLIC PARK 1,2,3,4 PLAT J-49354Flying A Holdings LLC 1627 W. Main St #223 Bozeman MT 59715WEST WINDS SUB PH 4, S02, T02 S, R05 E, BLOCK 4, Lot 1, PLAT J-493 PLUS OPEN SPACE1631 Windward Ave56The Church of Jesus Christ of Latter-Day Saints.LDS Church Real Estate Salt Lake City UT 84150WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 5, PLAT J-494 PLUS OPEN SPACE57Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 7, PLAT J-494 PLUS OPEN SPACE3025 Autumn Grove St.58Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 6, PLAT J-494 PLUS OPEN SPACE3053 Autumn Grove St.Prepared DOWL HKM 6/24/2013190
Lot # per FigureLast Name First Name Company Address City State ZipLot / Parcel #Block #Legal Description Property Address West Winds Subdivision Phase 6Adjoining Property Owners59Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 5, PLAT J-494 PLUS OPEN SPACE3089 Autumn Grove St.60Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 4, PLAT J-494 PLUS OPEN SPACE61Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 3, PLAT J-494 PLUS OPEN SPACE3141 Autumn Grove St.62Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 2, PLAT J-494 PLUS OPEN SPACE3167 Autumn Grove St.63Gallatin Valley Homes Inc. 147 High K St. Belgrade MT 59714WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 1, Lot 1, PLAT J-494 PLUS OPEN SPACE3187 Autumn Grove St.64Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 4, PLAT J-494 PLUS OPEN SPACE1773 Spring View Ct.65Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 3, PLAT J-494 PLUS OPEN SPACE1781 Spring View Ct.66Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 2, PLAT J-494 PLUS OPEN SPACE1789 Spring View Ct.67Bank of Bozeman PO Box 10070 Bozeman MT 59719WEST WINDS SUB PH 5, S02, T02 S, R05 E, BLOCK 2, Lot 1, PLAT J-494 PLUS OPEN SPACE1797 Spring View Ct.68Holyoke V Inc. 101 W. Prairie Shopping Ctr #373 Hayden ID 83835BAXTER MEADOWS SUB PH 4A, S03, T02 S, R05 E, Lot R-1, ACRES 39.939, PLAT J-485A PLUS OPEN SPACE1925 Vaquero PkwyPrepared DOWL HKM 6/24/2013191
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WEST WINDS PHASE 6
AREA MAP
www.dowlhkm.com406-586-8834 FIGURE #1
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PROJECT MAP
www.dowlhkm.com406-586-8834 FIGURE #1
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PHASE 6
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Litle, Clint
From:Bukvich, Robert <rbukvich@mt.gov>
Sent:Thursday, June 20, 2013 8:02 AM
To:Litle, Clint
Subject:RE: West Winds Subdivision Phase 6 - Transit Stop
Clint I concur with your recommendation that no transit stop be placed in this subdivision although for different
reasons. Until there is a long range plan for future routes, I know of no way to site future stops. In addition, Montana
Code Annotated 61-8-354(2) states “A bus stop may only be established pursuant to a traffic and engineering
study.” Thanks
From: Litle, Clint [mailto:CLitle@dowlhkm.com]
Sent: Wednesday, June 19, 2013 1:51 PM
To: Bukvich, Robert
Subject: West Winds Subdivision Phase 6 - Transit Stop
Rob:
Per our telephone conversation, attached is letter and mapping requesting comment on transit stop for West winds
Phase 6.
Clint Litle, P.E.
Senior Project Manager / Office Manager
DIRECT: (406) 551-1450
CELL: (406) 539-8429
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Litle, Clint
From:Andy Molenda <amolenda@cablevision.com>
Sent:Thursday, June 20, 2013 2:05 PM
To:Litle, Clint
Subject:Re: West Winds Major Subdivision Phase 6
Dear Clint,
Thank you for contacting Optimum regarding this subdivision. We would like to provide services for this area. Optimum
usually follows the same design with NorthWestern Energy getting in joint trench with their facilities. The only request I
would have is at any road / alley crossings requiring a culvert pipe to please include an extra 6" minimum culvert pipe
for optimum only. As soon as you have the N.W.E. design if you can get that to me we will use that to design our
service plan for the new subdivision. If you have any questions please feel free to call me. Thanks again!
Andy Molenda
Construction Supervisor
Optimum West
Bozeman, MT
amolenda@cablevision.com
406-223-6522
>>> "Litle, Clint" <CLitle@dowlhkm.com> 6/14/2013 3:24 PM >>>
Dear Andy:
Please see attached letter and maps requesting service availability for a subdivision.
Thanks
Clint Litle, P.E.
Senior Project Manager / Office Manager
DIRECT: (406) 551-1450
CELL: (406) 539-8429
--------------------------------------------------------
The information transmitted in this email and any of its attachments is intended only for the person or entity to which it
is addressed and may contain information concerning Cablevision and/or its affiliates and subsidiaries that is proprietary,
privileged, confidential and/or subject to copyright. Any review, retransmission, dissemination or other use of, or taking
of any action in reliance upon, this information by persons or entities other than the intended recipient(s) is prohibited
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Litle, Clint
From:Lee Hazelbaker <lhazelbaker@streamlinebus.com>
Sent:Thursday, July 11, 2013 7:59 AM
To:Litle, Clint
Subject:West Winds
Clint,
Sorry for the delay in my response but we had a mail glitch and I didn’t see the proposal before yesterday.
At the present Streamline has no plans to include your site in our route structure. Even if we were to increase our
presence in that area we would not travel through the development but would stay on the main streets surrounding the
site.
If you need further comment or have any questions, please contact me and I will have a more timely response for you.
Lee Hazelbaker, Director
Streamline and Galavan Transportation
32 S. Tracy
Bozeman, MT 59715
406 587 2434
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Litle, Clint
From:Cunningham, Julie <juliecunningham@mt.gov>
Sent:Tuesday, July 09, 2013 3:20 PM
To:Litle, Clint; Vaughn, Mike
Cc:Flowers, Pat
Subject:West Winds subdivision
Dear Mr. Litle –
Mike Vaughn (fisheries biologist) and I (wildlife biologist) have received your preliminary plat application for West Winds
Phase 6 subdivision. Neither Mike nor I have major comments on this report. You all did a very good job of your wildlife
evaluation yourselves. Perhaps the only comment I would have would be to save the mature cottonwoods for nesting
opportunities for raptor and other bird species.
Please let me or Mike (cc’ed above) know if you have any other questions or follow-up.
Sincerely,
Julie
Julie Cunningham
Bozeman Area Wildlife Biologist
Montana Fish, Wildlife and Parks
1400 S. 19th Ave
Bozeman, MT 59718
(406) 994-6341
(406) 994-4090 (fax)
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BOZEMAN, MT
G-3SHEET LAYOUT PLAN &
CONSTRUCTION ROUTE 223
WEST WINDS PHASE 6
BOZEMAN, MT
D-1TYPICAL ROAD SECTIONS & DETAILS
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Attached are the up-dated park area calculation tables for the West Winds Planned Unit
Development and the Plans for the West Winds Community Park as approved by the City
Parks & Recreation Department. A full copy of the West Winds Park Master Plan is on
record with the Planning Department.
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West Winds PUD8/30/13The following is a table up-date for the West Winds PUD Amendment No. 2.Table 3.4 - Public Open space / Performance Point / PhasePhase I Phase II Phase III Phase IV Phase V Phase VI Phase VII Phase VIII TotalsGross Area (Ac.)31.3433.7112.3723.9320.9817.5315.086.59161.52Street R/W Area (Ac.)10.248.633.413.515.344.686.702.0944.60Dedicated Park Area (Ac.)3.795.770.144.321.523.000.000.0018.54Net Area17.3119.308.8216.1014.129.868.384.5098.38Percent of Net PUD17.59%19.62%8.96%16.37%14.35%10.02%8.52%4.58%100.00%PUD Points Required3.523.921.793.272.872.001.700.9220.00Public Open Space Required (Ac.)(1.25 Points / 1%) 2.81 3.14 1.43 2.62 2.30 1.60 1.36 0.73 16.00Public Open Space Provided (Ac.)3.463.070.231.250.151.021.201.5011.87PUD Points Provided (1.25 Points / 1%)4.403.890.291.590.191.291.521.9115.08226
West Winds PUD8/30/13The following is a table up-date for the West Winds PUD Amendment No. 2.Table 3.5a - Phase Land Use SummaryPhaseMisc.Single FamilyTown HouseMulti-familyMulti-FamilySkilled Nursing FacilityCommunity Center GrossStorm Water Ponds Net ParkPublic Open spacePublic Right-of-way Total12345678910111213I5.783.094.970.000.000.003.790.003.793.4610.2431.34II3.597.684.620.000.000.006.120.345.773.078.6333.71III1.270.000.007.320.000.000.140.000.140.233.4112.37IV0.770.000.0010.263.500.004.650.334.321.253.5123.93V1.730.000.007.240.005.011.520.001.520.155.3420.98VI 8.49 0.00 0.00 0.00 0.00 0.00 3.35 0.35 3.00 1.02 4.68 17.53VII7.180.000.000.000.000.000.000.000.001.206.7015.08VIII3.000.000.000.000.000.000.000.000.001.502.096.59Total31.8110.779.5924.813.505.0119.561.0218.5411.8744.60161.52Senior ResidentialDedicated ParkPublic LandResidential227
West Winds PUD
8/30/13
The following is a table up-date for the West Winds PUD Amendment No. 2.
Table 6.5.a - Park Area Required By Phase
Description Units Park Area Units Park Area Units Park Area Units Park Area
Single Family Lots 39 1.170 26 0.780 9 0.270 5 0.150
Townhouses 38 1.140 86 2.580 0 0.000 0 0.000
Standard Multi-Family 68 2.040 0 0.000 0 0.000 0 0.000
Affordable Multi-Family (11%)0 0.000 69 0.509 0 0.000 0 0.000
Senior Multi-Family 0 0.000 0 0.000 124 3.720 58 1.740
Senior Assisted Living (congregate
care) (See Note 2.)0 0.000 0 0.000 0 0.000 6 0.000
Total 145 4.350 181 3.869 133 3.990 69 1.890
Description Units Park Area Units Park Area Units Park Area Units Park Area
Single Family Lots 11 0.330 56 1.680 45 1.350 18 0.540
Townhouses 0.000 0 0.000 0 0.000 0 0.000
Standard Multi-Family 0.000 0 0.000 0 0.000 0 0.000
Affordable Multi-Family (11%)0.000 0 0.000 0 0.000 0 0.000
Senior Multi-Family 26 0.780 0 0.000 0 0.000 0 0.000
Senior Assisted Living (congregate
care) (See Note 2.)0.000 0 0.000 0 0.000 0 0.000
Total 37 1.110 56 1.680 45 1.350 18 0.540
Description Units Park Area
Actual
Park Area
Provided
(Ac.)
Area Park to
be provided
Cash-in-Lieu
Phase 8 (Ac.)
Single Family Lots 209 6.270
Townhouses 124 3.720
Standard Multi-Family 68 2.040
Affordable Multi-Family (11%)69 0.509
Senior Multi-Family 208 6.240
Senior Assisted Living (congregate
care) (See Note 2.)0 0.000
Total 678 18.779 18.54 0.24
Phase V Phase VI Phase VII Phase VIII
Phase I Phase II Phase III Phase IV
Totals
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Subdivision
Phase VI
Street Lighting Plan
June 2013
Prepared For:
Joe Mahar
13447 Hwy 238
Jacksonville, OR 97530
Prepared By:
2090 Stadium Drive
Bozeman, MT 59715
4522.11200.01
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Phase VI Subdivision - West Winds – Lighting Plan June 2013
Table of Contents
Page
Purpose ........................................................................................................................................... 1
Project Overview ............................................................................................................................ 1
Existing Conditions Summary ........................................................................................................ 1
Basis of Calculations....................................................................................................................... 1
Street Lighting ................................................................................................................................ 1
Conclusion ..................................................................................................................................... 3
Figures
Figure LP-1 - Lighting Plan ............................................................................................................ 4
Appendices
Appendix A – Manufacturer Materials and Photometrics
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Phase VI Subdivision - West Winds – Lighting Plan June 2013
Purpose
This Lighting Plan is prepared for Phase VI Subdivision of the West Winds Planned Community
per the requirements of the City of Bozeman “DESIGN STANDARDS AND
SPECIFICATIONS POLICY”.
Project Overview
Phase VI Subdivision is a portion of the greater West Winds Planned Community, which is a
160-acre mixed use residential development located in the northwest ¼, Section 2, Township 2
South, Range 5 East, bordered by Oak Street on the south, North 27th Avenue on the east, Baxter
Lane on the north, and Davis Lane on the west. Phase VI Subdivision is a 56-unit single family
project.
Existing Conditions Summary
Phase VI Subdivision is currently undeveloped with no on-site lighting. Baxter Lane and Davis
Lane, lying along the northern and western boundary, respectively, were previously constructed
with no street lighting.
Basis of Calculations
DOWL HKM worked directly with Mr. James E. Armstrong and Mr. Tom Craver, both with
Northern Rockies Agency1 in lighting product selection and lighting calculations. Mr.
Armstrong and Mr. Craver are well-known lighting manufacture representatives with in depth
knowledge of Bozeman lighting standards.
Street Lighting
To select a street lighting configuration, DOWL HKM initially met with Northern Rockies
Agency for an overview of product options and a discussion of which products the City of
Bozeman had recently reviewed and approved. Based on this initial meeting, example projects
were toured and lighting product and configuration were selected.
Gullwing G13 and G18 Area Luminaries were selected for street light luminaries. The G13 will
be used for the internal local streets and G18 for the perimeter arterial and collector streets. For
poles, a 25’ RW Round Non-Tapered Steel Pole was selected for the internal local streets, an 35’
RW RSP Non-Tapered Steel Pole was selected for the perimeter streets.
The luminaire / pole configuration shall be base mounted on a concrete “sonotube type”
foundation. The streetlight locations are shown in Figure L-1.
1 Northern Rockies Agency, 246 Timberline Drive, Bozeman, MT 587-0513
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Phase VI Subdivisions - West Winds – Lighting Plan June 2013
Maintenance
Northwest Energy will maintain the lighting system through the SLID program. The
homeowners will pay operating costs of the lighting system through the SLID program.
Conclusion
This plan establishes that the proposed street lighting system for Phase VI of West Winds
Planned Community. The proposed street lighting plan is in compliance with City of Bozeman
Standard. The system will provide an appropriate level of lighting for a residential subdivision.
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BOZEMAN, MT
L-1STREET LIGHTING PLAN
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Phase VI Subdivision - West Winds – Lighting Plan June 2013
MANUFACTER MATERIALS AND
PHOTMETRICS
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