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HomeMy WebLinkAboutWEST WINDS PUD MOD 1 MEMORANDUM TO: Sue Stodola, Engineering John Alston, Water/Sewer Calvin Doerksen, Plans Examiner Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent FROM: Lanette Windemaker, Contract Planner RE: West Winds PUD Modification Final Plan (Preliminary #Z-07141) DATE: December 7, 2007 Attached you will find the proposed final PUD plan submittal for the West Winds PUD. West Winds PUD is located between Baxter Lane, Oak Street, 27th Avenue and Davis Lane. On October 1, 2007, the Bozeman City Commission voted to conditionally approve the West Winds PUD Modification Preliminary Plan subject to the following 18 additional conditions and 4 code provisions. This decision approves relaxation #1 from Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The West Winds PUD plan was originally approved by the Commission on May 24, 2004, and modified on July 5, 2005, subject to conditions and code provisions listed in this memo after the new conditions. These conditions and code provisions are still applicable. Please review and provide comments to me at your earliest convenience. I will be out of the office from December 15 until December 31, so if possible I would like to have your comments by January 7, 2008. Please return the final site plan to me for the approval stamps. Thank you. Relaxation #1: Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states “A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park”; the original PUD condition of approval #1 shall be modified as follows: A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. The 60 foot wide trail area shall be extended from the West Winds linear park to Davis Lane, and shall intersect Davis Lane adjacent to the Vaquero Street, subject to Engineering and Planning Department review and approval. It is preferable that this trail area be located adjacent to a street rather than rear yards. The trail shall be designed to cross streets at intersection crosswalks. If a mid-block trail crossing of Hunter’s Way is necessary, it shall be signed and striped. 2 3. In keeping with the intent of the original PUD condition of approval #11, which states “The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6” river rock and wet root tolerant plant types”; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states “Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue”, which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. 5. In keeping with the intent of the original PUD condition of approval #22, which states “The Section Line Ditch shall not be piped. The “riparian” corridor shall be maintained within the median planned for Fowler Avenue.”; the original PUD condition of approval #22 shall be modified as follows: The Section Line Ditch shall not be piped unless the ditch owners require it to be piped. The “riparian” corridor shall be maintained within the median planned for Fowler Avenue / Davis Lane. 6. In keeping with the intent of the original PUD condition of approval #34, which states “A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided.”; the original PUD condition of approval #34 shall be modified as follows: A density cap of 687 dwelling units based on 19.07 net acres of required park land is in effect for the subdivision. The density of the subdivision is further restricted based on the provision of affordable housing option of the PUD performance points. For 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). The density cap may only be increased above 690 dwelling units through the provision of additional affordable housing or an alternative means to meet the Planned Unit Performance standards, and a modification to the approved final PUD plan. Residential density in excess of the amount of park land dedicated shall provide cash-in- lieu in accordance with Chapter 18.50, BMC. 7. The final PUD plan(s) shall label all existing and proposed land uses categories. The density and park calculations shall be corrected as needed to properly depict all existing and proposed land uses, and shall include net density calculations for the total PUD and the PUD less any congregate care residences. The final PUD plan(s) shall designate the number of non-congregate care dwelling units allotted per multi household lot. 8. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases 4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and apartments. 9. The park area with the trail connection on the east side of Hunter Way shall be shifted to the south to align the trail corridor and provide a direct trail connection to the west. 3 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 18. The 2005 PUD Modification condition of approval #3 shall be modified as follows: The applicant shall build out the affordable units in the same proportion of all other units being constructed. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as 4 determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. (As amended by City Commission) Code Provisions: a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. May 24, 2004, West Winds PUD was granted conditional approval subject to 35 conditions and numerous code provisions, and with the following seven relaxations: Relaxation a) Section 18.50.020 “Park Requirements” to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; Relaxation b) Section 18.16.020.B “Authorized Uses” to allow assisted living/elderly care facilities and apartments within the “R-3” zoning district; Relaxation c) Section 18.42.030.C “Double/Through and Reverse Frontage” to allow double frontage lots adjacent to the arterial and collector streets; Relaxation d) 18.42.040.B “Block Length” to allow the block lengths to exceed 400 feet; Relaxation e) Section 18.42.040.C “Block Width” to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; Relaxation f) Section 18.42.180.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 Relaxation g) Section 18.44.090.D.3 “Spacing Standards for Drive Accesses” to allow residential lots that front on Hunter’s Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. Conditions: 1. A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 5 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false façade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than 4 feet tall with a coordinated design for all of the lots backing up to Oak Street, Baxter Lane, 27th Avenue and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the Final Plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6” river rock and wet root tolerant plant types. 12. A one foot “no access” easement shall be provided along Baxter Lane, Oak Street, 27th Avenue and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70% of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 6 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Signalization of the intersection of W Oak Street and North 27th Avenue. b. Signalization of the intersection of W Oak Street and Fowler Avenue. c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue. e. Fowler Avenue trunk sewer main improvements. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 17. As a part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Section-Line Ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of Oak Street and N 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Road, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard location on the development’s side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue. 21. Parking will not be allowed on W. Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue. 22. The Section Line Ditch shall not be piped. The “riparian” corridor shall be maintained within the median planned for Fowler Avenue. 7 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. (Deleted by City Commission, July 5, 2005) 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions:  The bollard lights that are required at the intersection of pathways with streets must meet the City’s specifications.  A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of 8 development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100.  A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan.  Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction.  Baxter Lane (from Fowler Avenue to N. 27th Avenue) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Baxter Lane.  Fowler Avenue (from Baxter Lane to Oak Street) should include a Bike Lane in accordance with the Bike Route Network (Figure 6-4) in the Greater Bozeman Area Transportation Plan, which calls for a Bike Lane for the entire extent of Davis Lane.  North 27th Avenue (from Baxter Lane to Oak Street) should include a Bike Lane to provide connectivity to other planned Bicycle Facilities in the area. The Board feels that this connection will be a vital alternative to travel on 19th once it is completed.  The Board also recommends that the proposed park land include a ten foot Bike Path (shared- use path). The Path will be an extension of an existing trail to the south and will provide a vital connection to the trial system. The Board suggests the construction material be consistent with what the development wants (i.e., paved OR dirt) in order to be consistent with the surrounding park land.  The subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas.  A trail shall be constructed connecting both North and South ends of the subdivision via the streambed and through the Park.  All park and trail design and construction shall be approved by the City Parks Division and shall meet City standards.  All trail corridors are to be 25 feet in width, as stated in the Bozeman Unified Development Ordinance, chapter 18.50, section 18.50.070. All Park and Trail plans and construction shall be approved by the City Parks Division.  Each lot shall meet the minimum lot area standards, including the multi-household lots, for an “R-3” zoned lot unless an alternative zoning designation is approved through a Zone Map Amendment.  Construction plans shall be reviewed and approved by the Home Owners Association Architectural Committee prior to submitting a site plan application or a building permit application, whichever comes first. The plans shall include a stamp of approval from the 9 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision.  A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination.  Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets.  Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting.  If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application.  The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder’s Office prior to installation of required infrastructure.  Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built.  A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process.  The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase.  While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase.  The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches. 10  In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe.  A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase.  At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60” for a 20” sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10” main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy.  All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping.  Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.  All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase.  Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific 11 approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.  All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office.  The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter’s Way meets the criteria for partial access but does not provide the 660’ minimum for full access; b. The following locations provide less than the 150’ minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660’ minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter’s Way meets the criteria for partial access but does not provide the 660’ minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane.  Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved.  The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained.  Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements.  The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns.  The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office.  A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 12 July 5, 2005, the City Commission conditionally approved a request to modify the originally approved conditions as follows: Condition #27: The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. (Deleted by City Commission, July 5, 2005) Condition #31: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. (Amended by City Commission, July 5, 2005) Allow the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following five additional conditions: Conditions: 1. At the time of final plat a deed restriction shall be placed on the “affordable housing parcel” as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the “affordable housing parcel”. community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net MEMORANDUM To: Bozeman Building Division (2 copies) Bozeman Water and Sewer Department Bozeman Engineering Department (Sue Stodola) From: Lanette Windemaker, AICP; Contract Planner Date: May 7, 2008 Re: West Winds PUD Modification (#Z-07284)  Approved Final PUD Plan The Final PUD Plan was approved by the Planning Director on May 7, 2008. Attached is the copy of the approval Final PUD Plan for your records. If you do not want your copy, please return it to me. If you have any questions, please give me a call at 586-5266.