HomeMy WebLinkAbout13- Findings of Fact and Order - West Winds Major Subdivision, Phase 6 Retimi To-
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P.O. Box 1.230
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Charlotte Mills - Gallatin County, MT Mik
I milil 1111111111111111111111111111111111111111111111111111111111111111111111 IN
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
JOE MAHAR FOR PRELIMINARY PLAT AND ORDER
REVIEW OF THE WEST WINDS MAJOR SUBDIVISION,
PHASE 6, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-
3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified
Development Code, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on October 15, 2013, and before the Bozeman City Commission on November
12, 2013, on the above-entitled application. The applicant presented to the City Commission a
proposed major subdivision preliminary plat to subdivide approximately 39± acres into fifty six
(56) single household lots.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information and
recommendation of the Planning Board, to determine whether the plat should be approved,
conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
FINDINGS OF FACT
I.
The complete application for the preliminary plat review of the West Winds Major
Subdivision, Phase 6 was submitted to the City of Bozeman Department of Community
West Winds Major Subdivision, Phase 6— Findings of Fact and Order I
Development on July 16, 2013. The application was deemed acceptable for initial review on
July 24, 2013, The preliminary plat was reviewed by staff for adequacy prior to Development
Review Committee 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 on September
6, 2013 that the items were satisfactory to allow continued review under the terms of the
Bozeman Municipal Code. The preliminary subdivision plat, as proposed, will subdivide 39+
acres and create a major subdivision containing fifty six (56) single household lots with an R lot
for further development. The subject property is legally described as Lot R2 of the West Winds
Major Subdivision, Phase 5 situated in the Northwest 1/7, Section 2, Township 2 South, Range 5
East, PM, City of Bozeman, Gallatin County, Montana and is known commonly as the West
Winds Major Subdivision PUD.
A notice of public hearings before the City of Bozeman Planning Board and the Bozeman
City Commission was published in the Bozeman Daily Chronicle on September 29, 2013 and the
notice was posted at the site and mailed to all property owners within 200 feet of the subject
property and by certified mail, return receipt requested, to all adjoining property owners.
Ill.
The City of Bozeman Planning Board heard the matter of preliminary plat review of the
West Winds Major Subdivision, Phase 6 on October 15, 2013. The Planning Board found that
the application was properly submitted and reviewed under the procedures of the City of
Bozeman Unified Development Code, Chapter 38, Bozeman Municipal Code.
The Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the major subdivision, requested variance
to the City of Bozeman Unified Development Code, phasing, zoning, existing infrastructure,
physical features, and provisions for parkland.
The Department of Community Development Staff reported that no formal public
comment had been received prior to the hearing in response to the noticing on the matter of this
preliminary plat application.
West Winds Major Subdivision, Phase 6—Fhidiiigs of Fact atid Order 2
Clint Litle with Dowl I-lKM representing Joe Mahar discussed the design of the
subdivision, streets, Baxter Lane, parkland and open space provisions, and the approved Planned
Unit Development, for West Winds.
IV,
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary plat application. One member of the general public commented with
support for the application and completion of parkland improvements.
V.
After reviewing the staff recommendation, hearing the applicant's presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and
reviewed under the procedures of the City of Bozeman Unified Development Code and the
adopted growth policy, the Planning Board reviewed and considered the facts against the criteria
related in Title 76-3-608, MCA, 2011.
The Planning Board considered the staff report and recommended conditions prepared by
the Community Development Department, Development Review Committee, and local review
agencies.
V1.
The Planning Board, having heard and considered public comment and the findings
presented in the staff report, found that with the recommended conditions, that the preliminary
plat application would comply with the primary review criteria, and therefore voted 7-0 to
forward a recommendation of conditional approval to the Bozeman City Commission as set forth
in Planning Resolution No. P-13023.
VII.
The matter of the preliminary plat application for West Winds Major Subdivision, Phase
6 was considered by the City Commission at a public hearing on November 12, 2013 at which
time the Department of Community Development Staff reviewed the project and forwarded the
Planning Board's recommendation of conditional approval in Planning Resolution No. P-13023.
Clint Litle with Dowl HKM, discussed the design of the subdivision, streets, Baxter
Lane, parkland and open space provisions, and the approved Planned Unit Development for
West Winds.
VIII.
West Winds Major Subdivision, Phase 6—Findings of Fact and Order
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. No members of the public spoke regarding the application. Seeing
no further public testimony, the City Commission then closed the public comment portion on the
matter of the preliminary plat application.
IX.
The City Commission then considered the minutes of the Planning Board hearing,
Resolution of the Planning Board, Department of Community Development staff report, public
record, the applicant's testimony, and weighed the proposed subdivision against the primary
criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects 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. Effects on Agricultural Water User Facilities
There are no changes or impacts are identified to agricultural water user facilities located on the
subject property.
3. Effects 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 cast.
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.
West Winds Me jor Subdivision, Phase 6—Findings of Fact and Order 4
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
27"' Avenue and Oak Street, analyzed with the existing lane configuration; (Depicted in Figure
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 27 Ih 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 27 Ih 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 27"' 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. Effects 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. Effects 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.
6. Effects 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
West Winds Major Subdivision, Phase 6- Findings of Fact and Orden- 5
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.
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as preliminary plat in accordance with the state
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said
plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and
Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
C. 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 following requirements are standards of the Bozeman Unified Development Code and shall
be addressed with the final plat:
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 fora
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. 38.21.060.0.1 "Comer Lots"-The property owner's association documents shall provide
language stating that all comer 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 comer lots.
d. 38.23.030.D, comer lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety. Further, homes on
comer 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 comer lots. The preliminary plat shall indicate
the orientation of all comer lots.
West Winds Major Subdivision, Phase 6 - Findiiigs of Fact and Order 6
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.
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 big
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 installeil 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(,,'Ierk
and Recorder, unless already previously filed.
1. 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 applicatiDn
for review and approval by the Planning Office and shall contain, but not be limited to th.c
following items: 1) the orientation and setbacks for comer lots, 2) all additional setbacks
required when lots are adjacent to pathway corridors and minor arterial roads, 3)provisions
West Winds Major SUbdivision, Phase 6—Findings of Fact and Order 7
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.
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.
in. 38.39,030 "Completion of Improvements" - If it is the developer's intent to file the plat prior
to the completion of all required improvements, an Improvements Agreement shall be
entered into with the City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and conditions of approval. If the
final plat is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of the cost of
the remaining improvements.
n. 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."
o. 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 41763. The SMP is independent of any other storm water
permitting required from the State of Montana, and does not fulfill the requirement to obtain
West Winds Major Subdivision, Phase 6— Findings of Fact acid Order 8
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.
p. 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 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.
q. No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
r, 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.
s. 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.
t. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
u. 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.
West Winds Major Subdivision, Phase 6— Findings of Fact and Order 9
v. 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.
w. 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.
x. Project phasing shall be clearly defined including installation of infrastructure.
y. 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.
z. 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.
aa. All construction activities shall comply with section 38.39.020.A.2. of the Unified
Development Code. This shall include routine cleaning/sweeping of material that is dragged
to adjacent streets. The City may require a guarantee as allowed for under this section at any
time during the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all costs associated
with the work if it becomes necessary for the City to correct any problems that are identified.
bb. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications
cc. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
dd. 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.
D. Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission were properly noticed, as required
by the Bozeman Unified Development Code. Based on the recommendation of the Development
Review Committee and other applicable review agencies, as well as the public testimony
received on the matter, the Planning Board forwarded a recommendation in a Resolution to the
City Commission.
E. Provision for easements for the location and installation of any planned utilities
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
West Winds Major SUbdivisioii, Phase 6- Fioditigs of Fact and Order 10
F. Provisions of legal and physical access to each parcel
The proposed lots will gain access from frontage on internal local streets. The final plat shall
include a public access easement for all areas labeled as common open space and for all
streets/alleys if they are not dedicated to the public.
X.
The City Commission discussed the recommended conditions of approval and moved to
approve the preliminary plat application subject to the conditions presented in Planning Board
Resolution#P-13023.
After further considering all matters of record presented at the public hearing the City
Commission found that preliminary subdivision plat for the West Winds Major Subdivision,
Phase 6 would comply with the primary review criteria, City of Bozeman Growth Policy,
requirements of the Bozeman Unified Development Code and the Montana Subdivision and
Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this
Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of the West Winds Major Subdivision, Phase 6 be approved, 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 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 I'/z" 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 I I x 17 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
West Wi►ids Major Subdivision, Please 6—Findings of Fact and Order I 1
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
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
39.27.020, 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
West Winds Major:Subdivision, Phase 6—Findings of Fact and Order 12
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
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 27"' 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.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission.
I I
West Winds Major Subdivision, Phase 6—Findings of Fact avid Ordet- -1
DATED this day of 0 e a''' , 2013,
BOZEMAN CITY COMMISSION
SEAM BECKER, Mayor
ATTEST; APPROVED AS TO FORM
C.
d
, Clerk, �—AULLIVAN, City AttOIn�y STAG
West Winds Major SUbdivision, Phase 6—Findings of Fact and Order 14
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