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HomeMy WebLinkAboutWEST WINDS PUD MOD 2 PLANNING DEPARTMENT STAFF REPORT #Z-07141 WEST WINDS PUD MODIFICATIONS TO CONDITIONAL USE PERMIT Item: Zoning Application #Z-07141  An application for Modification to the Conditional Use Permit for the West Winds Planned Unit Development to eliminate townhouse lots, to allow a church lot, and to change the allowable height. Owner/Applicant: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715. Representative: HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday, August 22, 2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Before the Bozeman City Commission on Monday, October 1, 2007 at 6:00 p.m., in the 3rd Floor Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located northeast of the intersection of Oak Street and Davis Lane. The property is legally described as a portion of the NW ¼, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-3 (Residential Medium Density District). Please refer to the vicinity map on the following page. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 2 PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD) Final Plan. About half of the original development has received final approval and is under construction. The modifications are requested on the remaining portion of the PUD, ~ 85 acres to be developed as single-, multi-household uses with a church lot. The project will have access from Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27th Avenue, and internal streets. The modification requested would eliminate townhouse lots, allow a church lot, and change the allowable height. In addition, the applicant is asking for the opportunity to provide cash-in-lieu of park land if the dedicated park land is found to be inadequate. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for Section: 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. BACKGROUND On May 24, 2004, West Winds PUD was granted conditional approval for a 161.30 acre development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots subject to 35 conditions and numerous code provisions, and with the following requested relaxations from the City of Bozeman Municipal Code: a) Section 18.50.020 “Park Requirements” to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.B “Authorized Uses” to allow assisted living/elderly care facilities and apartments within the “R-3” zoning district; c) Section 18.42.030.C “Double/Through and Reverse Frontage” to allow double frontage lots #Z-07141 West Winds PUD Modifications to CUP: Staff Report 3 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. Conditions 1. A trail shall be constructed connecting from 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2. Mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be an extension of an existing Signed Bike Route on Hunters Way. 4. The Home Owners Association shall be responsible for maintenance of Park, park fixtures, trails, etc., until such time that a Park Maintenance District, or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I Final Plat and/or Final Site Plan, whichever comes first. 6. The Final Site Plan, including a Final Park Plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The Final Site Plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The Covenants and Design Guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 4 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. 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. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 5 22. The Section Line Ditch shall not be piped. The “riparian” corridor shall be maintained within the median planned for Fowler Avenue. 23. No existing mature vegetation within the watercourse setback, wetlands, park and along the Section Line Ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The Final Landscape Plan shall depict existing and proposed vegetation as well as proposed vegetation to be removed. 24. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. 25. The 60 foot wide trail area, along Tschache Lane, shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 26. The 9 lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan. 28. More detailed Development Guidelines shall be provided with the Final PUD Plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision and shall be reviewed by the Design Review Board and a final approval by the City Commision. 30. The mandatory 25 foot trail easement for the transportation pathways will not count towards the dedicated parkland. Any additional width provided along the trail easement can be counted towards the dedicated parkland requirement. 31. The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. The City Commission does not support the large areas of open space along the arterial streets. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. Code Provisions  The bollard lights that are required at the intersection of pathways with streets must meet the City’s specifications.  A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in 18.42.100.  A proportionate amount of parkland, open space and restricted size lots, to meet the general standards and the PUD regulations, shall be noted with each Final Plat and Final Plan.  Plans and Specifications for the trail will need to be reviewed by the Parks Department prior to construction. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 6  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 Architectural Committee prior to City review. This language shall be incorporated into the Covenants for the subdivision.  A Comprehensive Sign Plan for the entire subdivision shall be provided with the final site plan. There should be a general theme to the style of signs permitted within the PUD and shall include information regarding the materials, colors and illumination.  Storm water ponds shall not exceed 1/3 of the area of the front yard setback adjacent to the external streets.  Storm water cannot be discharged into an active ditch. Storm water discharged into a stream requires the necessary permitting.  If Concurrent Construction is requested with other phases of the subdivision then it must be explicitly requested in the narrative submitted with the Preliminary Plat application.  The Improvements Agreement with a financial guarantee, the Hold Harmless and the Conditional Use Permit shall be signed, notarized and recorded with the Clerk & Recorder’s Office prior to installation of required infrastructure. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 7  Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance. Phases shall be numbered in the order in which they are to be built.  A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process.  The maximum water depth and basin depth shown in the Storm water report does not meet the City of Bozeman Design Standards and Specifications Policy and will need to be modified. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase.  While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm water retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot and/or phase.  The applicant shall obtain and provide evidence of permission from the appropriate ditch companies to discharge storm runoff into the ditches, and for any relocation or abandonment of the ditches.  In locations where Baxter Lane and Fowler Avenue are being improved, the various irrigation ditches and/or streams shall be either relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe.  A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided to the City Engineer. The applicant is advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase.  At a number of locations, the manhole spacing shown exceeds the maximum manhole spacing, per the City of Bozeman Design Standards and Specifications Policy. The manhole barrel size is 60” for a 20” sanitary sewer pipe, per the City of Bozeman Design Standards and Specifications Policy. Use of the 10” main to allow a flatter slope does not meet DEQ requirements and the City of Bozeman Design Standards and Specifications Policy.  All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping.  Plans and Specifications for water and sewer main extensions for each proposed phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Sewer and Water plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements #Z-07141 West Winds PUD Modifications to CUP: Staff Report 8 until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.  All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase.  Plans and Specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Chapters 18.36 and 18.74 of the Bozeman Unified Development Ordinance.  All street names shall be reviewed and approved by the Gallatin County Road Office and City Engineering Office.  The following locations shall be modified to meet the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Unified Development Ordinance: a. On Oak Street, the separation between Windward Avenue and Hunter’s Way meets the criteria for partial access but does not provide the 660’ minimum for full access; b. The following locations provide less than the 150’ minimum for an access from an intersection with an arterial: (1) the location of Spring View Court from Fowler Avenue; and (2) a proposed access on east side of Buckrake Avenue from Baxter Lane; c. On Fowler Avenue, the separation between the streets meets the criteria for partial access but does not provide the 660’ minimum for full access. On Baxter Lane, the separation between Windward Avenue and Hunter’s Way meets the criteria for partial access but does not provide the 660’ minimum for full access. The Traffic Impact Study shall address the left turn movement onto the subdivision streets from Fowler Avenue and Baxter Lane.  Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved.  The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained.  Building Permits will be issued incrementally dependent upon the status of installation of infrastructure improvements. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 9  The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns.  The applicant must submit seven (7) copies a Final Site Plan within one year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office.  A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. The Final Park Plan was approved by the City Commission on May 16, 2005. On July 5, 2005, the City Commission conditionally approved the requested modification to Conditional Use Permit for a Planned Unit Development application for the 161.30 acre development legally described as NW¼, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane, Oak Street, 27th Avenue and Fowler Avenue. The modification of the approved Planned Unit Development allowed the requested modification to the originally approved conditions as follows: Delete Condition #27: The Section 42 Affordable Housing and the Assisted Living, as depicted in the plan, shall remain in the PUD plan; and Amend Condition #31 to read: The City of Bozeman will accept the 11% calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing; The modification also allows the developer to appoint the development of constructed affordable dwelling units to a second party to fulfill the performance points for a Planned Unit Development. In order to mitigate the requested changes the City Commission approved the following additional conditions: 1. At the time of final plat a deed restriction shall be placed on the “affordable housing parcel” as identified in the Final PUD Plan that restricts the use of the parcel to affordable housing only, as defined by the City of Bozeman with input form CAHAB. The deed restriction shall indicate that the parcel will always be limited to use as an affordable housing project. 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 10 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the “affordable housing parcel”. On September 6, 2005, per condition of approval #6, the City Commission approved the West Winds Final PUD Plan as submitted with a modification to the trail crossing at the intersection of Hunter’s Way and Oak Street as recommended by the Design Review Board (Z-04050). ZONING DESIGNATION & LAND USES The subject property is zoned “R-3” (Residential Medium Density District). The intent of the “R-3”, Residential Medium Density District, is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. The following land uses and zoning are adjacent to the subject property: North: “R-3” (Residential Medium Density) – Baxter Square Subdivision. “R-1” (Residential Single-Household, Low Density District) – Baxter Lane Subdivision. “RS” (Residential Suburban) – Dwelling. “AS” (County Zoning Agricultural Suburban) – Unincorporated, agricultural, and dwellings. East: “R-3” (Residential Medium Density) – West Winds PUD Phases 1-3. South: “R-1” (Residential Single-Household, Low Density) – Harvest Creek Subdivision. “SRR” (County ZD#1, Semi Rural Residential) – Unincorporated. West: “R-3” (Residential Medium Density) – Baxter Meadows PUD Phase 4. “PLI” (Public Lands and Institutions) – Regional Park. ADOPTED GROWTH POLICY DESIGNATION The property is designated as “Residential” in the Bozeman 2020 Community Plan. The R-3 (Residential Medium Density District) zoning designation is consistent with this land use designation of the property. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 11 Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxation for the West Winds Planned Unit Development (PUD) Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following:  Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use.  Goal 5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 12 This project has an approved net density of ~ 8.5 to ~ 9.8 dwelling units per acre with a maximum of 687 dwelling units not including congregate care. The modifications requested would put the net density of the project in a range of ~ 9.15 to ~ 10.08 dwelling units per acre. Based on the PUD performance points, for the provision of 69 affordable housing units, the density cap may be up to 690 dwelling units excluding the congregate care units (assisted living). In addition, there was a density cap of 687 dwelling units in the subdivision based on the park land dedication which would also exclude the congregate care units. The applicant has asked that the Commission accept cash-in- lieu of park land dedication for any density in excess of the park land dedication. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan that addresses all aspects of this section to the Planning Department for DRC review and Planning Director approval before concurrent construction may be approved. b. Per Section 18.36.060, the applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The full plan shall be provided in PDF. c. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how all of the conditions of preliminary plan approval have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plan submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. With the conditions outlined by the DRC and the DRB, the elements of the West Winds PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. This modification does not change the requirements of the approved final PUD Plan. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 13 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout West Winds with sidewalks along streets or within open space areas, and a circular trail system through the project. The PUD plan includes interior streets with access off of Oak Street, Davis Lane, Baxter Lane, Hunters Lane, North 27th Avenue, and internal streets. All lots are provided with vehicular access from local streets. This modification does not change the requirements of the approved final PUD Plan. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. 8. Open space. This modification does not change the amount of open space in the approved final PUD Plan. The performance points required in the West Winds PUD are to be provided by constructed affordable housing pursuant to Section 18.36.090.E.2.a(7), BMC. 9. Building location and height. Maximum building height is as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-3 Less than 3:12 32 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 The applicant is requesting relaxation of standards in the Bozeman Municipal Code for Section: 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to of greater than 5:12. DRB found this relaxation to be acceptable and Condition #1 states: The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to multi-household apartment type dwellings. 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. b. Adjacent to collector streets as designated in the Bozeman growth policy - 20 feet. c. Adjacent to local streets - 15 feet. 2. Rear yard - 20 feet. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 14 a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will provide subdivision lighting in accordance with Section 18.42.150.C. 12. Provisions for utilities, including efficient public services and facilities. The project will provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown on the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. Not applicable. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 15 Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. Other than the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. West Winds PUD is bordered Baxter Meadows and the regional park to the west, multi family development and vacant land in Annie Subdivision to the east, county development, and Baxter Square and Baxter Lane subdivisions on the north side and on the south side is the Harvest Creek Subdivision. It is designed with open space buffers adjacent to single household lots, and the multi- household and church lots are subject to site plan review and landscaping requirements. This modification will generally have no material adverse effect upon the abutting property. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use. This project has an approved net density of ~ 9.8 dwelling units per acre. The modifications requested would put the net density of the project in a range of ~ 9.15 to ~ 10.08 dwelling units per acre. b. Special yards, spaces and buffers. This modification does not change the requirements of the approved final PUD Plan. c. Special fences, solid fences and walls. This modification does not change the requirements of the approved final PUD Plan. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets, lanes and alleys will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 16 i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “Planned Unit Development Design Objectives and Criteria” In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? In the area along Harmon Ditch, aka Cattail Creek, is located within the linear park, and any existing vegetation will be preserved by the watercourse setback. In the area that has historically been in agricultural use there are no significant levels of mature vegetation (trees or large bushes). (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? With both vehicular and pedestrian connectivity, the elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 17 On July 11, 2007, the Design Review Board considered this application for Modification of the PUD. At that time, DRB found that the lack of connectivity in the street layout, and the elimination of the mix of housing types creating a monoculture of uses were unacceptable. The DRB consequently recommended denial of the application. The developer revised the application, and the DRB reconsidered the application on August 22, 2007. In reconsideration of the revised application, DRB indicated that they still preferred the connectivity and mix of uses in the previously approved final PUD plan. (4) Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system contribute to the overall reduction of energy use by the project. (5) Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Within the PUD, the residential areas are generally designed for some level of privacy, with streets and open space corridors providing separation. (6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? This modification does not change the requirements of the approved final PUD Plan. There is a density cap of 687 dwelling units in the subdivision based on the park land dedication which would exclude the congregate care units. These 687 dwelling units (including the 69 affordable units) would require a minimum park land dedication of 19.07 acres. Based on the PUD performance points, there is a maximum of 690 dwelling units excluding the congregate care units (assisted living). The applicant has asked that the Commission accept cash-in-lieu if the amount of park land dedication should be found to be inadequate. (7) Performance. All PUDs shall earn at least twenty performance points. The approved final PUD Plan achieves this requirement. The performance points required in the West Winds PUD are to be provided by affordable housing pursuant to Section 18.36.090.E.2.a(7), BMC. This modification does not change the requirement to construct 69 affordable dwelling units before approval of the final subdivision phase. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated “pad” to adjoining development? The design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 18 Residential Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? This project has an approved net density of ~ 9.79 dwelling units per acre. The modifications requested would put the net density of the project in a range of ~ 9.15 to ~ 10.08 dwelling units per acre. (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas, with both private yards and public spaces. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a linear park, with areas for passive recreation, as well as pedestrian trail(s). (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? A residential density bonus is not proposed. This project has provide a variety of housing types to date, including 73 single household, 155 townhouse, one affordable housing lot, and several multi household lots. The remaining phases will include single household or multi household types. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? The overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a residential development in a largely rural but developing area. However, the Bozeman 2020 plan has designated this area for “Residential” land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 19 PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL The West Winds PUD Preliminary Plan proposal must comply with the intent of planned unit development as stated in Chapter 18.36 of the Bozeman Municipal Code. Based on the above summary review, the Planning Department recommends the Design Review Board forward a recommendation of conditional approval of the application with the following conditions and code provisions: Conditions: 1. The relaxation of Section 18.16.060, Building Height; to allow a maximum building height of 42 feet for a roof pitch equal to or greater than 5:12 shall be restricted to /multi-household apartment type dwellings. All projects utilizing this relaxation are subject to site plan review under Chapter 18.34, BMC. 2. In keeping with the intent of the original PUD condition of approval #1, which states “A trail shall be constructed connecting from 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. 3. In keeping with the intent of the original PUD condition of approval #11, which states “The storm water detention ponds shall be designed in a more organic form and landscaped as a water feature with 6” river rock and wet root tolerant plant types”; the original PUD condition of approval #11 shall be modified as follows: Stormwater facilities shall be designed as landscape amenities in accordance with Section 18.42.080. Stormwater facilities located adjacent to streets shall generally not occupy more than one-third of the 25 feet adjacent to an arterial, 20 feet adjacent to a collector or 15 feet adjacent to a local street. 4. In keeping with the intent of the original PUD condition of approval #20, which states “Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue”, which was approved as the Winter Park Street connection to Vaquero Street; the original PUD condition of approval #20 shall be modified as follows: The street pattern in West Winds shall be designed to provide a city standard street connection to a full access intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department review and approval. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 20 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. 10. The landscape plan, prepared and certified by a qualified landscape professional, for the PUD open space areas, which exceeds the standards of Chapter 18.48, and achieves more than 23 landscaping points, shall be submitted for review and approval as part of the Final PUD Plan in accordance with §18.78.100 and §18.48. 11. The developer shall landscape the PUD open space in accordance with the approved landscaping plan. Completion of the landscaping in the PUD open space areas may be phased with the subdivision phases. 12. Any request for Breeze Lane west of Windward Avenue to be developed as a private street at less than City standards shall be reviewed through a future application for Modification to the Conditional Use Permit for the West Winds PUD. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 21 13. The new Conditions for a Conditional Use Permit shall list all of the conditions applicable to this PUD. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD Plan must be approved before the Final Plat will be deemed complete for any of Phases 4 thru 8. 14. The owner shall executed and submit documents the following prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 15. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code. 16. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code. 17. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB), and other boards, when appropriate, have reviewed application #Z-07141, Modification of the approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD) against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. The Planning Staff has identified various code provisions that are not currently met by this application. Some or all of these items are listed in the findings and conditions of this staff report. #Z-07141 West Winds PUD Modifications to CUP: Staff Report 22 The applicant must comply with all other provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving Final Site Plan, Final Plat or Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE WEST WINDS PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. cc: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715. HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718.