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:
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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