HomeMy WebLinkAbout10-01-07_West Winds Planned Unit Development Modifications _11
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: CUP to Modify West Winds PUD with Relaxation, #Z-07141
MEETING DATE: Monday, October 1, 2007
RECOMMENDATION: The City Commission approves application #P-07141 with relaxation #1
subject to the conditions of approval and code provisions outlined in the Staff Report.
BACKGROUND: This is a CUP for a modification to the approved PUD to eliminate townhouse
lots, allow a church lot, and change the allowable height. 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 generally located northeast of the intersection of Oak Street and
Davis Lane. The remainder undeveloped portion of the PUD is ~ 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 property is
legally described as a portion of the NW ¼, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana, and is zoned R-3 (Residential Medium Density District). In addition, the
applicant has requested the following PUD relaxation which would apply to the entire PUD:
1. 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.
UNRESOLVED ISSUES: Elimination of Townhouse Lots.
Both DRB and CAHAB expressed concerns about the elimination of townhouse lots in the western
portion of the PUD. The elimination of townhouse lots does not reduce the density of the project
below the minimum density, nor does it eliminate all of the townhouse lots in the project – there
have been 155 townhouse lots subdivided in Phases 1 and 2, about 20% of the maximum number of
dwelling units. Plan Condition #7 states “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.”
Fire Station Site. The Fire Station Site is addressed in Plat Condition #14 as amended.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any questions
prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
69
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.
70
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 2
71
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 3
72
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 4
73
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 5
74
• 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 6
75
• 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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 7
76
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 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 8
77
• 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.
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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 9
78
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.
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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 10
79
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.
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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 11
80
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.
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,
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 12
81
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 13
82
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 14
83
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 15
84
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 16
85
(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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 17
86
(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.
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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 18
87
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.
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
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 19
88
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 20
89
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.
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.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 21
90
cc: Cascade Development, Inc., 1627 West Main St., Ste 223, Bozeman, MT 58715.
HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718.
#Z-07141 West Winds PUD Modifications to CUP: Staff Report 22
91
Design Review Board Minutes – August 22, 2007 1
DESIGN REVIEW BOARD
WEDNESDAY, AUGUST 22, 2007
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Livingston called the meeting to order at 5:30 p.m. and directed the secretary to
record the attendance.
Members Present Staff Present
Christopher Livingston Martin Knight, Planner I
Michael Pentecost Lanette Windemaker, Contract Planner
Bill Rea Tara Hastie, Recording Secretary
Visitors Present
Kasey Arrington
Bob Tubbs
Crystal Kirchhoff
Keith Radford
Paul Yakawich
ITEM 2. MINUTES OF AUGUST 8, 2007.
MOTION: Vice Chairperson Pentecost informally moved, Mr. Rea informally seconded, to
approve the minutes of August 8, 2007 as presented. The informal recommendation carried 3-0.
ITEM 3. CONSENT ITEM
1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker)
Northeast of the intersection of Oak Street and Davis Lane
* A request for modifications to an approved Planned Unit Development to
eliminate townhouse lots, to allow a church lot, and to change the
allowable height.
Mr. Rea informally moved, Chairperson Livingston informally seconded, to remove Item 3 from
the Consent agenda for discussion. The informal motion carried 3-0.
Paul Yakawich joined the DRB. Contract Planner Lanette Windemaker presented the Staff
memo noting the DRB had reviewed the proposal previously and the number of proposed design
options had been decreased to two.
Mr. Rea asked for clarification on which design options had been deleted from the proposal and
which the DRB were reviewing. Planner Windemaker explained. Mr. Rea asked if the DRB
would be setting a precedent if they approved a handful of proposed options. Planner
Windemaker responded that the original Final PUD Plan had included two options. Mr. Rea
asked if the proposal would loose RSL lots due to the church parcel being added to the proposal.
Planner Windemaker responded there would be mostly single-family and townhouse lots
removed. Mr. Rea asked if there would be workforce housing requirements. Planner
Windemaker responded there would not be workforce housing requirements due to the proposal
being submitted before the ordinance took affect, and that each phase would have to meet the
92
Design Review Board Minutes – August 22, 2007 2
RSL requirements.
Chairperson Livingston asked if the park complied with the frontage requirement. Planner
Windemaker responded that the applicant had to be close as they had 50% of their requirement in
one location. Chairperson Livingston asked what a “combination there-of” from the proposal
actually meant. Planner Windemaker responded the applicant could do any combination of the
options they were proposing and explained what might be changed.
Mr. Rea stated he had watched the growth policy discussion at the City Commission and design
of the streets, not just facades, had been included in their discussion. He stated that he thought
streets should follow a grid if there were no geographic obstacles. He stated he was less excited
about the new proposal then he was about the previous one. He added that options 1 & 2 street
layouts lacked clarity; adding that he did not consider a church a geographic impediment.
Chairperson Livingston stated he appreciated the alignment of Vaquero Avenue and Winter Park
Street and the connectivity of the proposed trail. He stated original condition #29 (diversity in
housing) and new condition #7 (mixed housing types) of the original 39 Staff recommendations
were specific and proposed options 1 & 2 did not address those recommendations sufficiently.
He stated he found the proposal minimally covering what the recommendations had intended.
He added that if there is no proposed diversity and the project is built out, there will never be
diversity. He stated he did not support any of the proposed options.
Mr. Rea suggested that the DRB forward an informal recommendation for the City Commission
to consider the minutes of the DRB in their non-quorum state. The informal recommendation
carried 3-0.
ITEM 4. PROJECT REVIEW
1. Boshaw Condos SP/COA #Z-07131 (Knight)
907 & 915 North 17th Avenue
* A Site Plan Application with a Certificate of Appropriateness to permit
substantial modifications to the previously approved eight four-plexes (aka
Lerner SP/COA#Z-05299).
Kasey Arrington, Bob Tubbs, Crystal Kirchhoff, and Keith Radford joined the DRB. Assistant
Planner Martin Knight presented the Staff Report noting that Staff’s initial concerns were the
setback and the proposed height; adding that Staff was supportive of the proposal with the recent
revisions.
Mr. Radford noted the location of the four units the DRB would be addressing. He stated the
applicant had tried to make the site compatible by using the same shapes, footprints, and
materials as the existing buildings.
Mr. Rea stated there was still a hole proposed in the first floor. Mr. Tubbs stated that the feature
would be removed; they had just not done so yet. Mr. Rea stated that the four units would be in
that location and could be there for decades, and asked would there be any guarantee that the site
would be finished instead of left as a line of construction debris. Planner Knight responded there
would be another phase of development in the future. Mr. Rea stated the applicant may have
developed a new roof form (shi-gable) and he liked it.
93
Design Review Board Minutes – August 22, 2007 3
Vice Chairperson Pentecost asked if the applicant had chosen colors for the project. Planner
Knight presented the color and materials palette. Vice Chairperson Pentecost asked if the
applicant was firm on the proposed tan/beige color. Mr. Arrington and Mr. Radford responded
that they were open to suggestions on the proposed color.
Vice Chairperson Pentecost stated that when he first opened the packet, he saw that the applicant
had done what the DRB had been looking for at the previous meeting. He stated he was
supportive of the proposal as presented. He stated that if he could make a formal motion to
disallow the use of beige or tan and suggest more use of color he would.
Mr. Rea stated he stood corrected and the new roof design was not a shi-gable, but a ship roof.
He encouraged a uniform darker color be used for the proposed metal. He stated he liked the
design very much and it was everything he had hoped for. He stated the UDO could be
aggressively interpreted for the accent colors that would be used on the proposal.
Chairperson Livingston stated he agreed with previous DRB comments and cited examples
where super bright colors had been added to projects and looked fine. He noted beige was not
generally supported by the DRB. He stated he appreciated the sections and line of site the
applicant had provided as it contained so much information. He stated he thought it would be a
good project.
Mr. Rea informally moved, Vice Chairperson Pentecost informally seconded, to forward an
informal recommendation of approval to the Planning Director for Boshaw Condos SP/COA #Z-
07131. The informal recommendation carried 3-0.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public available for comment at this time.
ITEM 6. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 6:13 p.m.
________________________________
Christopher Livingston, Chairperson
City of Bozeman Design Review Board
94
Design Review Board Minutes – July 11, 2007 1
DESIGN REVIEW BOARD
WEDNESDAY, JULY 11, 2007
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Livingston called the meeting to order at 5:30 p.m. and directed the secretary to
record the attendance.
Members Present Staff Present
Walter Banziger Lanette Windemaker, Contract Planner
Michael Pentecost Martin Knight, Assistant Planner
Elissa Zavora Tara Hastie, Recording Secretary
Christopher Livingston
Bill Rea
Mel Howe
Visitors Present
Kasey Arrington
Lauren Oechsli
Crystal Kirchhoff
Bob Tubbs
Shawn Moran
ITEM 2. MINUTES OF JUNE 27, 2007.
Vice Chairperson Pentecost stated that on page 3, the 4th sentence of the last paragraph should
read “ramped” up instead of “amped” up.
Chairperson Livingston stated that on page 4, the 3rd sentence should read Staff conditions would
need to be “substantially reworked” instead of “reworded”.
MOTION: Vice Chairperson Pentecost moved, Mr. Howe seconded, to approve the minutes of
June 27, 2007 with corrections. The motion carried 6-0.
ITEM 3. CONSENT ITEMS
1. The Ridge Addition SP/COA #Z-07143 (Knight)
4181 Fallon Street
* A Sketch Plan Application with a Certificate of Appropriateness to allow
the construction of 9,000 square foot addition to the existing fitness
facility and related site improvements.
MOTION: Mr. Rea moved, Mr. Howe seconded, to move the item to the regular agenda for
discussion.
Mr. Rea stated he wanted to go on record that he appreciated that the applicant was matching the
existing materials and that it was the right thing to do, but the Design Standards had become
more stringent and the DRB was expecting a higher quality of materials and design. He stated he
would not be comfortable supporting the proposal if it had been a new development.
95
Design Review Board Minutes – July 11, 2007 2
Ms. Zavora asked what would happen to the mature Spruce trees. Planner Knight responded
they would have to be removed, but landscaping requirements had been addressed with the PUD.
MOTION: Mr. Rea moved, Mr. Howe seconded to forward a recommendation of approval to
the Planning Director for The Ridge Addition SP/COA #Z-07143 as presented with the addition
of a strong recommendation to relocate the existing trees within the PUD. The motion carried 6-
0.
ITEM 4. PROJECT REVIEW
1. West Winds Phases 4-8 Mods to PUD #Z-07141 (Windemaker)
Northeast of the intersection of Oak Street and Davis Lane
* A request for modifications to an approved Planned Unit Development to
eliminate the Winter Park Street intersection with Davis Lane, to eliminate
townhouse lots, to allow a church lot, and to change the allowable height.
Contract Planner Lanette Windemaker presented the Staff Report noting what the applicant was
requesting. She stated that the lack of connectivity by eliminating the intersection was
unacceptable, and that they will have to connect to a full access intersection at Vaquero Street
and Davis Lane. She stated that staff has recommended that the options with the church lot be
denied due to the layout changes being so significant. She stated the request for a relaxation to
the height (42 feet) would not exceed the maximum height in the zoning designation, but was a
request for a flatter pitched roof. She stated Staff condition #3 addressed the height and would
need to be removed if the DRB was not in support.
Vice Chairperson Pentecost asked Planner Windemaker to look at figure 2.1 and the townhouse
lots on Buckrake Avenue, asking if those townhouse lots would be removed. Planner
Windemaker directed the DRB to the locations of the townhouse lots the applicant had requested
for removal. Vice Chairperson Pentecost responded he had been told those lots had been sold.
Planner Windemaker responded that the lots in Phases 4-8 had not been created and had not,
therefore, been sold.
Mr. Rea asked if any of the lots across from the church parcel had been sold. Planner
Windemaker responded they had not, as the ones depicted on Phases 4-8 of the plan did not yet
exist. Mr. Rea asked if, with the decreased density, the applicant had asked for relief from the
density bonus approval for the project. Planner Windemaker responded they had not applied for
relief, and that CAHAB was not happy about the decreased density of the proposal and the loss
of the mix of housing types.
Ms. Zavora asked if the proposal could just be conditioned to fix the connectivity, provide the
intersection with Vaquero Street, and realign the roads without denying any of the proposed
options. Planner Windemaker responded that it appeared to Staff that the road redesign starting
with the church options would be too significant of a change.
Chairperson Livingston asked if Winter Park Road entering onto Davis Lane was an important
aspect of the proposal. Planner Windemaker responded that the intersection at Vaquero Street
and Davis Lane was a very important aspect. Chairperson Livingston stated that it would not
have to be Winter Park Road. Planner Windemaker responded that Vaquero Street was an
existing right of way and it is where the full access intersection must be; however it is not a
96
Design Review Board Minutes – July 11, 2007 3
given that the design must be an extension of Winter Park Road but might even be a T-
connection to Spring View Court, and added that the proposed fire station would need that
intersection. Chairperson Livingston stated the whole street layout was flawed and it was hard to
imagine what would happen when Vaquero Street was extended into the subdivision due to the
lots being stacked. Planner Windemaker stated that the intent of Staff condition #2 was to place
the green space either north or south of the Vaquero Street intersection.
Mr. Rea asked if it would be better to approve the proposal with Staff conditions or deny it as
there were so many significant changes. He stated he preached for clean grids and good
planning and did not see it in the current proposal.
Mr. Banziger asked if the proposal could be continued to the next meeting. Chairperson
Livingston responded the applicant would have had to be in attendance at the meeting.
Mr. Howe suggested the proposal would seem to require a continuation or other such device
before a recommendation of approval of the proposal. Chairperson Livingston stated that a
recommendation of approval or denial were the DRB’s only two choices due to the applicant not
being in attendance.
Vice Chairperson Pentecost stated that he felt only one issue fell into the jurisdiction of the DRB
(the height) and the DRC would address the other Staff concerns; adding that he did not see the
requested relaxation for the height as a problem.
Mr. Rea stated that street layout was an aesthetic aspect and would then fall within the
jurisdiction of the DRB review criteria. Mr. Banziger concurred as the DRB had considered
street layout in other proposals. Ms. Zavora agreed.
Chairperson Livingston stated that the original subdivision conditions called out specifically
DRB and City Commission review of the mix of housing types within the proposal. He added
that he had a problem with the removal of the townhouse lots as the mandate from the original
conditions was to provide for a better mix of housing types; adding that it would be important to
keep those townhouse lots as their loss would leave it a monoculture of structures out there and
lend nothing to diversity. He stated he thought option 1B allowed for an increase in detached
single family and would eliminate most of the senior assisted living portion of the proposal. He
stated he found all the options of the proposal to be unacceptable.
Ms. Zavora added that she disagreed that there would be no market for townhouse lots.
MOTION: Mr. Banziger moved, Mr. Howe seconded, to forward a recommendation of denial to
the City Commission for West Winds Phases 4-8 Mods to PUD #Z-07141. The motion carried
5-1 with Vice Chairperson Pentecost being in opposition.
2. Boshaw Condos SP/COA #Z-07131 (Knight)
907 & 915 North 17th Avenue
* A Site Plan Application with a Certificate of Appropriateness to permit a
change in materials and increased height to the previously approved four-
plexes (aka Lerner SP/COA#Z-05299).
97
Design Review Board Minutes – July 11, 2007 4
Kasey Arrington, Shawn Moran, Crystal Kirchhoff, and Bob Tubbs joined the DRB. Assistant
Planner Martin Knight presented the Staff Report noting that the DRB had reviewed the proposal
as the Lerner Office Building; adding that the office building would not be changed. He stated
the Planning Director had chosen to require the Site Plan review process due to the controversial
nature of the development and the amount of public comment that had been received. He stated
the five foot setback backing the existing apartments and the requested height had not been
found to be in keeping with the surrounding neighborhood. He stated the setback would need to
be increased one foot for every foot of height being requested by the applicant.
Mr. Moran stated the Boshaw group had not been members of the original proposal. He stated
their objective was to provide an affordable housing structure and modifications could be made
to the requested roof pitch to accommodate the approval of the proposal. He stated the area
provided a location that would improve the surrounding neighborhood; adding that a pitched roof
would be more economical.
Mr. Tubbs stated he had built homes for 31 years and the cost of the bladders for the flat roof
would be $50,000.00 and did not include the drainage, parapet, etc. He stated the proposed roof
system could be put on all four roofs for the same cost.
Mr. Moran stated he had always been involved in entry level (first time buyer) homes. He stated
the lenders in the community had lists of people who could only qualify for certain amounts.
Mr. Tubbs stated that he had spoken with Planner Knight regarding the requested height and the
first two buildings were the only ones on the five foot setback, the rest were on a nine foot
setback; adding that if one of the buildings were moved south four feet, the height condition
would be satisfied. Mr. Moran stated that if the applicant continued to shrink the structures to
meet the requirements, the usable space would be too small.
Mr. Rea asked Planner Knight if County property was across the property line. Planner Knight
responded that it was and added that there were some apartment buildings along the site
boundary. Mr. Rea asked if the other four-plexes had been approved with the flat roof and
industrial design. Planner Knight responded that they had been approved and would be moving
forward as the infrastructure had been installed. Mr. Rea asked what was with the proposed hole
feature in the dining room. Mr. Tubbs responded the hole feature would be removed.
Mr. Banziger asked the height of the existing office building. Planner Knight responded it was
37 feet high with a flat roof. Mr. Banziger asked the applicant if they would encroach on the
setback or cause a narrowing of the street if they relocated the proposed structure four feet south
and switched to a 5:12 roof pitch. Mr. Tubbs stated they had plenty of room and would not
encroach into the setback or cause narrowing of the street as the infrastructure was already
installed and they would be aligning that building with the other two.
Mr. Howe asked if the DRC had reviewed the proposal. Planner Knight responded the DRC had
reviewed the proposal with regard to the height.
Ms. Zavora asked if the existing vegetation would remain. Mr. Tubbs responded it would
remain. Ms. Zavora suggested the setback to nine feet might accommodate more landscaping.
Vice Chairperson Pentecost asked the zoning for the parcel of land. Planner Knight responded
98
Design Review Board Minutes – July 11, 2007 5
the zoning was R-O. Vice Chairperson Pentecost asked the maximum allowable height in the R-
O zoning. Planner Knight responded that it was 42 feet. Vice Chairperson Pentecost asked what
the units would sell for. Mr. Moran stated their hope was to stay around the $180,000.00 range.
Mr. Tubbs added that the original bid had been substantially larger than the $60,000.00 bid they
were currently investigating. Vice Chairperson Pentecost stated that Staff had felt the requested
height was inappropriate and asked Planner Knight to explain. Planner Knight explained the
surrounding zoning designations and their height restrictions. Vice Chairperson Pentecost added
that the requested height would be appropriate for the maximum allowable height within the R-O
zoning designation.
Chairperson Livingston asked if there was a five foot minimum setback in the R-O zoning
district. Planner Knight responded it was. Chairperson Livingston asked if it was cheaper to
build a 5:12 pitched roof than a 9:12 pitched roof. Mr. Tubbs responded it would be.
Chairperson Livingston asked if the applicant would remove the brick from the proposal. Mr.
Tubbs responded the brick would remain on the front of the structures.
Mr. Banziger stated he agreed with Staff conditions regarding the roof pitch. Mr. Tubbs agreed
that the roof pitch would be modified per Staff conditions.
Ms. Zavora stated she thought the proposal would look better if the buildings were aligned.
Mr. Rea stated he did not support the roof pitch as he was fond of a 6:12 roof pitch and the 5:12
would be way too big. He stated he was not bothered by the height limitation; adding that one
piece of affordable housing should not shadow another piece of affordable housing. He
suggested leaving the thin veneer brick off altogether and using seamless steel; adding that a
different siding or color could be used. He stated he did not support the proposal as presented
due to the requested height. He stated he was supportive of an aggressive interpretation of the
City’s color requirements; adding that he would like to see more accent colors.
Vice Chairperson Pentecost stated he did not support the project as the Lerner Building as it
would be inappropriate to the surrounding neighborhood. He stated he saw nothing different
from the original proposal and it held the same standard for Entryway Corridor design. He
suggested designing architecture for North 19th Avenue as the DRB had been charged with the
review and approval of proposals within that corridor. He stated the applicant had stayed within
the requirements of the UDO and he would not comment on the requested height, but would
suggest the architecture would need to be reworked to provide for the Entryway Corridor.
Chairperson Livingston stated he had reviewed past minutes from the previous DRB review of
the proposal and had noticed that the proposal had not changed from what had been presented
before. He stated the proposed design had had not been viewed favorably in an informal review
before and he would be inclined to deny it as his problem with it was that the proposed structures
would remove most of the natural light from neighboring buildings. He stated that he thought
there was a point where diminishing the scale of the structures would made them look better. He
stated the market that the proposal had been developed for would be different than the market for
the current proposal.
He stated lowering the roofs and diminishing the scale of the structures would be appropriate for
the site. He suggested the institution of landscaping in some areas and reducing the scale and
height of the proposed structures. He added he would have a hard time approving a project that
99
Design Review Board Minutes – July 11, 2007 6
he couldn’t see (the proposal hadn’t been modified from the previous approval).
Ms. Zavora asked if she would see the proposed structures from North 19th Avenue as the office
building would be blocking that view. Vice Chairperson Pentecost responded they would be
seen. Planner Knight added that from some view sheds the structures would be seen, but the
office building would be the primary focus from North 19th Avenue.
MOTION: Vice Chairperson Pentecost moved, Mr. Howe seconded, to forward a
recommendation of approval to the Planning Director for Boshaw Condos SP/COA #Z-07131
with the deletion of Staff conditions 1, 2, 3, & 5 and the modification of condition #4 to read that
the applicant must provide for the unity of design and building materials within the development.
The motion died.
AMENDED MOTION: Vice Chairperson Pentecost moved, Mr. Howe seconded, to forward a
recommendation of approval to the Planning Director for Boshaw Condos SP/COA #Z-07131
with the deletion of Staff conditions 1, 2, 3, & 5 and the modification of condition #4 to read that
the applicant must provide for the unity of design and building materials with the Lerner and
Homesite development. The motion died.
Mr. Moran asked for a continuance to the next meeting of the DRB.
MOTION: Mr. Banziger moved, Mr. Rea seconded to continue Boshaw Condos SP/COA #Z-
07131 to the next meeting of the DRB. The motion carried 6-0.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public available for comment at this time.
ITEM 6. ADJOURNMENT
There being no further comments from the DRB, the meeting was adjourned at 7:53 p.m.
________________________________
Christopher Livingston, Chairperson
City of Bozeman Design Review Board
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133