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HomeMy WebLinkAboutWESTWINDS City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED QUEST WEST LLC 3825 VALLEY COMMONS DRIVE, SUITE 4 BOZEMAN, MT 59718 City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED HKM ENGINEERING INC. 601 NIKLES DRIVE, SUITE 2 BOZEMAN, MT 59715 planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination 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 June 2, 2004 Quest West LLC 3825 Valley Commons Drive, Suite 4 Bozeman, MT 59718 Re: #Z-04050 West Winds PUD #P-04009 West Winds MaSub On Monday, May 24, 2004 the City Commission conditionally approved the Planned Unit Development and Major Subdivision applications for the unified development plan of a 161.30 acre subdivision for the development of 213 single-household, 92 townhouse, 5 multi-household and 8 senior assisted living lots with the following requested relaxations from the City of Bozeman Unified Development Ordinance: a) Section 18.50.020 “Park Requirements” to allow the area requirement to be based on 11% net buildable area instead of 0.03 acres per dwelling unit for the affordable housing lots; b) Section 18.16.020.B “Authorized Uses” to allow assisted living/elderly care facilities and apartments within the “R-3” zoning district; c) Section 18.42.030.C “Double/Through and Reverse Frontage” to allow double frontage lots adjacent to the arterial and collector streets; d) 18.42.040.B “Block Length” to allow the block lengths to exceed 400 feet; e) Section 18.42.040.C “Block Width” to allow the minimum block length to be less than 200 feet for the blocks with Restricted Size Lots; f) Section 18.42.180.C “Number of Restricted Size Lots Required” to allow the townhouse Restricted Size Lots to be less than 3,000 square feet and more than 3,000 for corner townhouse lots; and g) Section 18.44.090.D.3 “Spacing Standards for Drive Accesses” to allow residential lots that front on Hunter’s Way and Buckrake and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the proposed access separation distance between the proposed local streets onto Oak Street, an arterial street, to be separated less than 660 feet. In addition, the City Commission conditionally approved the subdivision of 31.05 acres, as Phase 1A and 1B of the 161.30 acre parcel, into 46 single-household, 40 townhouse and 2 multi-household lots and a 129.25 acre remainder. The property is legally described as NW¼, Section 2, T2S, R5E, Gallatin County, Montana, and located between Baxter Lane, Oak Street, 27th Avenue and Fowler Avenue. The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission’s decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: Page 2 Planned Unit Development: 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. 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. Page 3 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. Page 4 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. Identified Code Provisions The bollard lights that are required at the intersection of pathways with streets must meet the City’s specifications. Page 5 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. 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. Page 6 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. 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. Page 7 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 approval of the City Page 8 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. Page 9 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. Major Subdivision Plat: 1. Phase 1A and 1B of the West Winds Subdivision shall comply with the approved Planned Unit Development. 2. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 3. Cash-in-lieu of Water Rights, as calculated by the Director of Public Service, shall be paid at the time the Final Plat is submitted. 4. The property owner has proposed that Lot 7 of Phase 1A will be developed with an affordable housing project in order to meet the Performance Points for a Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that in the event the lot does not get developed with affordable housing that the property owner shall provide an alternative means to meet the Planned Unit Performance standards. 5. The final plat shall contain a note prohibiting direct access from single family or duplex lots to Oak Street and N. 27th Avenue. 6. The west half of N 27th Avenue, from Oak Street to Breeze Lane, and the north half of Oak Street, from N 27th Avenue to Hunters Way must be constructed and accepted by the City prior to filing the Final Plat for Phase 1A. The west half of N 27th Avenue, from Tschache Lane to Breeze Lane must be constructed and accepted by the City prior to filing the Final Plat for Phase 1B. The overall design of Oak Street shall include a detailed assessment of traffic needs and design solutions for the phasing. The timing of the development of Harvest Creek shall be taken into account as well. The Phase 1A infrastructure improvements shall include improvements to the intersection of Oak Street and N 27th Avenue to provide a transition between the existing and the future roadway. Design of the intersection is also to accommodate the existing overhead power lines. The intersection design will be reviewed and approved by the City Engineering Office as a part of the infrastructure improvements review process. 7. There is a discrepancy between Traffic Impact Studies provided for the North 19th Avenue and Durston Road intersection regarding the Level of Service. If it is confirmed the intersection operates below Level of Service D, then the Final Plat for Phase 1 may not be filed until the improvements necessary to raise the Level of Service at the intersection of North 19th Avenue and Durston Road to Level of Service C are installed and accepted by the City of Bozeman. Identified Code Provisions The Restricted Size Lots shall be noted on the Final Plat. As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. Page 10 Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department. If approved for Concurrent Construction the property owner shall comply with items 1-12 of Section 18.74.030.D. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by state statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission’s consideration. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. The final plat shall conform to all requirements of the Unified Development Ordinance and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3½-inch floppy disk or compact disk; and five (5) paper prints. Storm Water Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots 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. Stormwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written permission of the ditch owner. The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities for the entire West Winds P.U.D... Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street Page 11 widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer 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 City acceptance of the required infrastructure improvements unless approved for concurrent construction. Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the XL Limited Partnership Annexation Agreement shall be dedicated to the City on the Final Plat for this subdivision. A detailed Traffic Study Report for the entire West Winds Development has been provided to and reviewed by the City Engineer’s office. 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. The need for any traffic impact analysis updates will be identified at the time of Preliminary Plat Pre-Application submittal for each subsequent phase. Street names must be approved by the City Engineer and county road office. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per Chapter 18.44.080 of the Unified Development Ordinance, sidewalks will be installed prior to occupancy of any individual lots. The applicant is advised that the installation of any traffic calming devices will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. 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. Plans and Specifications for streets and storm drainage facilities, 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 City acceptance of the required infrastructure improvements unless approved for concurrent construction. Page 12 Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 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 prior to plan and specification approval. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance unless granted a relaxation through the Planned Unit Development process. 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. FYI: The City Commission indicated interest in having the covenants identify a better park boundary delineation through the use of vegetation as a buffer and barrier for the lots that back up to the park. The applicant should work with the Parks Department to determine the most suitable vegetation for this purpose. Please call me if you have any questions regarding the conditions, code provisions, or the final site plan approval process. Respectfully, Jami Morris Associate Planner JM/jm Enclosure cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715