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HomeMy WebLinkAboutWEST WINDS MOD City of Bozeman Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 ADDRESS SERVICE REQUESTED CASCADE DEVELOPMENT INC. 1627 WEST MAIN STREET, SUITE 223 BOZEMAN, MT 59715 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 July 8, 2005 Cascade Development Inc. 1627 West Main Street, Suite 223 Bozeman, MT 59715 Re: West Winds Final Plat PUD MOD #Z-04050A On Tuesday, July 5, 2005 the City Commission conditionally approved the requested modification to an previously approved Conditional Use Permit for a Planned Unit Development application for the unified development plan of a 161.30 acre subdivision for property 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 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. Page 2 2. Calculations and an exhibit shall be submitted prior to Final PUD approval that guarantees there is adequate space on the affordable housing lot to meet the minimum lot area requirements for the zoning district and fulfill the 20 Planned Unit Development performance points. 3. Prior to filing the final plat for the last phases of the West Winds PUD, the affordable housing parcel shall be 100% built-out based on the affordable housing needs as determined by the City of Bozeman with input from CAHAB for the parcel. In the event that 100% of the affordable housing units are not built prior to the filing of the final plat for the last phase of the PUD, the developer shall pay cash-in-lieu for additional open space (18.36.090.E.(7.)(b.) to meet the required PUD performance points. The affordable housing parcel shall remain deed restricted and price restricted for affordable housing only. 4. In the event that the Assisted Living, as depicted in the plan, is not constructed in whole or part, the effected area shall be developed consistent with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be recalculated based on the additional dwelling units. Additional parkland shall be provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of parkland as determined appropriate by the City Commission. 5. Prior to Final PUD Plan approval the developer shall provide written evidence of a good faith agreement with an affordable housing developer and a concept plan for the development of the “affordable housing parcel”. The new Conditions for a Conditional Use Permit lists all of the conditions applicable to this subdivision. The new Conditional Use Permit must be signed, notarized and recorded prior to approval of the Final Plan for the PUD. The Final PUD must be approved before the Final Plat will be deemed complete for Phases 1A and 1B. 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