HomeMy WebLinkAbout10-01-07_West Winds Planned Unit Development Phases 4-8 Sub_12
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: West Winds PUD Phases 4-8 Major Subdivision, #P-07028
MEETING DATE: Monday, October 1, 2007
RECOMMENDATION: The City Commission approves application #P-07028 subject to the
conditions of approval and code provisions outlined in the Staff Report, with Condition #14 as
amended below.
BACKGROUND: This is a preliminary plat application to subdivide ~ 85 acres into up to 220
single- and multi-household lots with an optional church lot, streets, park and open space areas.
This request is for eight phases. The project will have access from Oak Street, Davis Lane, Baxter
Lane, Hunters Way, 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). The remaining unsubdivided portion of
the West Winds PUD project is generally located northeast of the intersection of Oak Street and
Davis Lane.
UNRESOLVED ISSUES: Fire Station Site.
14. Final plat approval for West Winds Phases 4-8 Major Subdivision shall not be granted until an
appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master
Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and
Baxter Lane) has been secured.
Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall
plat and dedicate the park land with an easement, of an adequate size to be determined by the City
Fire Department but not to exceed 1.5 acres, for the fire station site; design, construct, and
warranty, the full design section of Hunters Way, Trade Wind Lane and Baxter Lane including
temporary cul-de-sac(s) if needed, and the sewer and water main extensions adjacent to and along
the frontages of the proposed fire station site, located at the intersection of Hunters Way and Baxter
Lane in the West Winds Park. The main extensions shall include service stubs to the site as directed
by the City Engineering Department. Infrastructure plans for the first of the remaining phases shall
include these improvements. The subdivision dedication and extensions will be made upon
receiving a written request from the City Fire Department.
Subdivider shall be responsible for amendments to the approved PUD Final Plan and Park Master
Plan to include the fire station site, and if needed, for an appraisal of the fair market value in
accordance with Section 18.50.030, BMC.
If the initial subdivision of West Winds Phases 4-8 Major Subdivision requires park land in excess
of the total net park land dedicated less the acreage of the fire station site, then the City Fire
Department shall be responsible for payment of cash-in-lieu of park land for site acreage over the
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difference established by the West Wind Planned Unit Development Project Park Calculation –
Revised 8/14/2007 between the Park Area Required Senior Living Option of 18.59 acres from the
Total Net Park Land Provided. Based on the 8/14/2007 calculation of the Total Net Park Land
Provided in Amended PUD at 19.563 acres, the City Fire Department cash-in-lieu of park land
payment would be for fire station site acreage over 0.973 acres.
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
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PLANNING DEPARTMENT STAFF REPORT
WEST WINDS PUD PHASES 4-8 SUBDIVISION PRELIMINARY PLAT #P-07028
Item: Subdivision Preliminary Plat Application #P-07028, to subdivide ~ 85
acres as single-, multi-household lots with a church lot, streets, park and
open space areas on property legally described as a portion of the NW ¼,
Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
Applicant/Owner: Cascade Development Inc. (John Dunlap), 1627 West Main St., Ste 223,
Bozeman, MT 58715.
Representative: HKM Engineering Inc. (Clint Litle), 920 Technology Blvd., Ste A,
Bozeman, MT 59718.
Date/Time: Before the Planning Board on Wednesday, September 5, 2007 at 7:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana, and
Before the City Commission on Monday, October 1, 2007 at 6:00 p.m., in
the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is ~ 85 acres of land located northeast of the intersection of Oak Street and
Davis Lane, is legally described as a portion of the NW 1/4, Section 2, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana. The property is zoned R-3 (Residential Medium Density
District). Please refer to the vicinity map on the following page.
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PROPOSAL
The applicant is requesting Subdivision Preliminary Plat approval to subdivide ~ 85 acres into up to
220 single- and multi-household lots with a church lot, streets, park and open space areas. This
request is for eight phases. The project will have access from Oak Street, Davis Lane, Baxter Lane,
Hunters Way, North 27th Avenue, and internal streets.
In conjunction with this subdivision preliminary plat, application has been made to modify the
approved Conditional Use Permit (CUP) for the West Winds Planned Unit Development (PUD)
Final Plan. The modification requested would eliminate townhouse lots, allow a church lot, and
change the allowable height. About half of the original development has received final plat approval
and is under construction. The applicant is requesting relaxation of standards in the Bozeman
Municipal Code from the following:
• 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.
BACKGROUND
West Winds Subdivision Phase 1 was granted preliminary approval on May 24, 2004, with final
approval on September 19, 2005, for the subdivision of 31 acres of the original 160 acre parcel, into
39 single-household, 38 townhouse and 3 multi-household lots.
The City Commission approved the following relaxations with the original West Winds Planned
Unit Development:
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
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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.
The Final Park Plan was approved by the City Commission on May 16, 2005. On October 17, 2005,
Phase 2 of the West Winds Subdivision was granted preliminary approval for the subdivision of 34
acres into 25 single-household, 86 townhouse lots and 1 multi-household (affordable) lot with final
plat occurring on October 16, 2006. Phase 3 of the West Winds Subdivision was granted preliminary
approval on July 24, 2006, to subdivide 12 acres into 9 single-household and 2 multi-household lots,
and the final plat was approved on February 26, 2007.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
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 property is vacant. 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
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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
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.
PRELIMINARY PLAT SUPPLEMENTS
The West Winds PUD Preliminary Plan for the entire development and the Phase 1 Preliminary Plat
addressed all of the supplemental review criteria. Updates of the utility plans and traffic study were
required for this application.
A. Surface Water:
Harmon Ditch, aka Cattail Creek, flows north-south through the park land located in the center of
the West Winds PUD project, generally separating Phases 1 and 2 from Phases 3 thru 8. There is a
50 foot watercourse setback. All lots have been platted outside of the watercourse setback area. Any
activity within the identified watercourse and/or wetlands area (i.e., road construction) will require
all applicable permits (i.e., 310, 404, Turbidity exemption, etc.).
B. Floodplains:
The floodplain study for Harmon Ditch, aka Cattail Creek, was completed in December, 2004.
C. Groundwater:
Depth to groundwater was measured in different locations on the property on April 9, 2003, July 1,
2003 and February 4, 2004. The depth to groundwater was between 1.7 feet and 10.4 feet from the
surface. As discussed in the report the fluctuations of groundwater depth are also due to the season,
irrigation and land use. A note will be required on the final plat that due to high ground water
conditions in the area full or partial basements are not recommended. Buildings proposed for
construction with crawl spaces or basements shall include Engineer Certification regarding depth of
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ground water and soil conditions and proposed mitigation methods to be submitted with each
Building Permit. Installation of municipal water and sanitary sewer services will greatly reduce any
concerns regarding the potential of groundwater degradation.
D. Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade
are evident.
Other than the need to dewater areas for utility installation there does not appear to be anything in
the geotechnical report that indicates any geologic hazards. The Building Department will require a
soils report for each lot prior to approving a building permit.
E. Vegetation:
The property has been historically used for agricultural purposes. Therefore, a majority of the
existing vegetation is alfalfa, grasses and some noxious weeds. A Memorandum of Understanding
for a weed control plan with the Weed District is required with the Final Plat.
F. Wildlife:
Due to the agricultural history of the property and limited mature vegetation in the area, any
potential impacts to wildlife and wildlife habitat are limited to small mammals and ground nesting
birds, but also larger mammals such as deer frequent the property. No known endangered species or
critical game ranges have been identified in the area. The 50-foot watercourse setback along the
existing watercourse will protect any riparian environment already established on the property.
G. Historical Features:
The State Historic Preservation Office required a cultural resource inventory which was conducted
and submitted with the Final PUD Plan and the Final Plat for Phase 1.
H. Agriculture:
The adopted Growth Policy identifies this property as Residential. The City Commission approved
the residential zoning on the property with the annexation. The zoning designations and adopted
Growth Policy do not contemplate agricultural uses for this property.
I. Agricultural Water User Facilities:
The applicant must ensure that no agricultural water user facilities or neighboring agricultural uses
will be impacted by this development.
J. Water and Sewer:
The Annexation Agreement for the property allowed a reserve capacity in the Main Mall sewer main
for 960 dwelling units in return for allowing the main to be constructed across the undeveloped
property. An extension of municipal water mains in the area will provide water for domestic and
fire protection services. An extension of municipal sewage lines will provide for sewage collection
and disposal. Final approval of the water distribution system and sewage collection and disposal
system for this subdivision proposal will be obtained through the normal approval procedures of
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preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and
Montana Department of Environmental Quality.
K. Stormwater Management:
Detention ponds located within the open space areas of the subdivision will provide stormwater
management. The standard requirement for a Stormwater Master Plan applies to this project. The
standard code requirements apply, including the requirements for plans and specifications, detailed
design reports, and engineering services for construction inspection, post-construction certification
and preparation of mylar record drawings applies. No building permits will be issued prior
substantial completion and City acceptance of required stormwater infrastructure improvements.
Stormwater improvements must be completed or financially guaranteed prior to final plat approval.
L. Streets, Roads, and Alleys:
Access: Access to the subdivision will be from Oak Street, Davis Lane, Baxter Lane, Hunters Way,
and North 27th Avenue. Based on adequate access separation distances on the arterial streets, there is
a one (1) foot wide “No Access” strip is required for all lots fronting onto Oak Street, Davis Lane
and Baxter Lane.
Capacity: Oak Street is designated as a Major Arterial, and both Baxter Lane and Davis Lane are
designated as Minor Arterials. These streets will have to be improved to arterial standards.
Traffic Generation: An updated detailed Traffic Impact Study for the entire West Winds
Development has been provided to and reviewed by the City Engineer’s office. The Executive
Summary of the update is included in Appendix 10 of the submittal, and the full study is available
for review at the Planning Department. Based on the study this subdivision at build out will generate
as many as 4,897 average weekday trips.
Trails: There is a future trail corridor bisecting the West Winds PUD from the south side to the north
side along the Harmon Ditch, aka Cattail Creek, stream corridor, and a second trail corridor
bisecting the West Winds PUD from the east side to the west side in general alignment from
Tschache Street to Vaquero Street. GVLT has recommended that the east-west greenway corridor be
located on the south side of Winter Park. While this might reduce the number of street crossings to
the Regional Park, for the foreseeable future it does not reduce the number of street crossings to the
new Chief Joseph Middle School and in fact would end up on the side of Vaquero Street that does
not have a sidewalk.
Bicycle and Pedestrian Pathways, Lanes and Routes: According to Bike Route Network of the
Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-4) and the Recommended Street
Standards of the Greater Bozeman Area Transportation Plan (Figures 11-3 and 11-4), bike and
pedestrian facilities are required along Oak Street, Baxter Lane and Davis Lane. In addition, the
bike route on Hunters Way will have to be continued.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services. All utility easements shall be noted on the final plat.
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N. Educational Facilities:
Bozeman School District #7 has previously indicated that the bus system will accommodate the
additional students.
O. Land Use:
The growth policy designates the area as Residential. West Winds Phases 4-8 Subdivision contains
up to 220 lots including single-household, townhouse, multi-household lots and a church lot. Both
DRB and CAHAB have expressed concerns about the loss of the majority of townhouse lots
resulting in a lack of diversity and affordability.
Density: This project has an approved net density of ~ 9.8 dwelling units per acre with a maximum
of 687 dwelling units not including congregate care. The modifications requested would put the net
density of the project in a range of ~ 9.15 to ~ 10.08 dwelling units per acre. Based on the PUD
performance points, for the provision of 69 affordable housing units, the density cap may be up to
690 dwelling units excluding the congregate care units (assisted living). In addition, there was a
density cap of 687 dwelling units in the subdivision based on the park land dedication which would
also exclude the congregate care units.
RSLs: For affordable housing, the applicant has provided some detached single-household lots at
5,000 square feet in area which may be designated as Restricted Size Lots. The RSL requirements
must be met for each phase of the subdivision. Any multi-household complexes will have to provide
restricted dwelling units of 909 square feet in accordance with Section 18.42.180.C.5 of the
Bozeman Municipal Code.
The Community Affordable Housing Advisory Board had the following comments in support of
affordable housing:
a. Would prefer not to see a decrease in the number of units.
b. Would prefer townhouses to condos. Condos are hard to sell as homes or resell as homes if
the some of the units convert to rentals.
c. For attached units having a FHA inspection will allow more types of affordable financing.
Urge builders to have FHA inspect.
d. Concerns were voiced about loss of connectivity with the Park due to re-routing of streets.
Relaxations: The applicant has requested the following relaxation:
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. This relaxation is addressed by PUD Preliminary Plan condition #1
which 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. All projects utilizing this relaxation are subject to site plan review under
Chapter 18.34, BMC.”
Building Permits: The applicant has indicated a desire to submit a Concurrent Construction Plan
under Section 18.74.030.D. 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. Unless such plan is approved and executed, building permits will not
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be issued for any lot in this subdivision until all required on and off-site improvements are
completed and accepted by the City of Bozeman.
P. Parks and Recreation Facilities:
The developer was granted a PUD relaxation that was reviewed concurrently with West Winds
Phase 1 Subdivision to allow the park area requirement to be based on 11% net buildable area
instead of 0.03 acres per dwelling unit for the affordable housing lot. The property owner also
agreed to a density cap or the option to provide additional parkland or cash in lieu of parkland for
future increases to the overall density. Since the dedicated park cannot include the east-west
transportation trail, watercourse, wetlands and associated setback and since the Home Owners
Association is required to maintain those areas in perpetuity the final plats will need to differentiate
between the public Common Open Space with a public access easement from the dedicated
parkland. The final park plan was approved on May 16, 2005. The park plan will need to be
amended before any additional phases are granted final plat approval.
Q. Neighborhood Center Plan:
The park is the neighborhood center for this subdivision. It is located within 600 feet of the
geographic center of the subdivision.
R. Lighting Plan.
The amended lighting plan in found in Appendix 9, and is subject to final review and approval. A
Special Improvement Lighting District is intended to be formed for the subdivision street lighting.
S. Miscellaneous:
West Winds was approved as a Planned Unit Development and therefore must comply with the
approved final PUD Plan, development guidelines and all conditions of approval for the Conditional
Use Permit.
The proposed subdivision is adjacent to the regional park on the west. However, no direct impacts
to the regional park, or other public lands, have been identified with this subdivision proposal.
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity and the effect on the local fire service area discussed below.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrates that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and
other adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the
following primary review criteria for the governing body to consider when evaluating subdivisions.
Planning Staff, the DRC, the WRB, the R&PAB Subdivision Review Committee and other
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reviewing agencies have made comments in relation to those and other criteria as described below,
and have recommended conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
The property is annexed, and has been zoned and master planned for residential development
for many years.
2. Effects on Agricultural Water User Facilities.
The applicant must ensure that agricultural water levels will be maintained. In addition, the
Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality,
and Army Corps of Engineer's must be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final
plat approval.
3. Effects on Local Services.
Water/Sewer: The standard code requirements apply, including the requirements for plans
and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required water and sewer infrastructure improvements, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior
to final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu
must be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineering Division prior
to filing of the final plat to facilitate fire and police response to the site.
In November 2006, the City Commission adopted the Bozeman Fire Protection Master Plan.
The Fire Master Plan identified current and future service delivery deficiencies and outlined
timetables for future facilities and staffing to address the growing community. The plan
strongly identified the immediate need for an additional fire station in the northwest quadrant
of the city (between Flanders Mill and 27th and between Durston and Baxter). To this end,
the Fire Department has chosen an architect, added additional firefighting personnel and is
actively pursuing long term funding for personnel and equipment. We have, however, been
unable to find a suitable location for Fire Station 3. West Winds Subdivision Phases 4-8 is
central in the service area of the new fire station and is outside of the service area of the
City’s existing fire stations. Until such a time as we are able to secure an appropriate fire
station site within the area defined in the Master Plan, we are unable to approve any
additional development in this area. Accordingly, we request that the following condition of
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preliminary plat approval be applied to West Winds Subdivision Phases 4-8:
Plat #14. Final plat approval for West Winds Phases 4-8 shall not be granted, nor
shall any preconstruction meetings be held or construction of any subdivision-related
infrastructure commence, until an appropriate fire station site within the area defined
in the Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and
between Durston Road and Baxter Lane) has been secured.
Streets: Access to the subdivision will be from Oak Street, Baxter Lane, Davis Lane, Hunters
Way, North 27th Avenue and proposed interior streets. The standard code requirements
apply, including the requirements for plans and specifications, detailed design reports, and
engineering services for construction inspection, post-construction certification and
preparation of mylar record drawings applies. No building permits will be issued prior
substantial completion and City acceptance of required street infrastructure improvements,
unless otherwise permitted under the BMC. Street improvements, including lighting, must
be completed or financially guaranteed prior to final plat approval.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat.
Based on the geotechnical information provided, staff is recommending that the following
note shall be included on the final plat: “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. The Final Plat shall include a notation that due to high ground water conditions full
or partial basements are not recommended.”
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands, no significant adverse
effects on wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service future development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and
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general welfare. The subdivision has been reviewed and determined to be in general
compliance with the title. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat 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. The following requirements are standards of the Bozeman Municipal Code and
shall be addressed on the final plat:
a. Pursuant to Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet
wide, shall be required to ensure that no blocks exceed 600 feet. Unless the pedestrian
right-of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum
of 15 feet. These rights-of-way and a note shall be on the final plat denoting specific
locations, subject to review and approval of the Planning Department.
b. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and
shall always be provided unless written confirmation is submitted to the Planning
Department from ALL utility companies providing service indicating that front yard
easements are not needed.
c. Pursuant to Section 18.42.150, street lighting, including pathway intersection lighting,
shall be provided.
d. Section 18.42.180 requires 10% of the net buildable area to be devoted towards
Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the
RSL requirement. The RSL designation shall be recorded on the individual lots in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180. Notes describing RSLs shall indicate the correct section of the code.
e. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plan.
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f. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’
association shall be submitted with the final plat application for review and approval by
the Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public pathway/trails, snow removal, and other
areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal
Code.
g. Prior to final plan approval, a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Municipal Code. The same shall be submitted to the city attorney and shall not
be accepted by the city until approved as to legal form and effect. A draft of these
documents must be submitted for review and approval by the Planning Department at
least 30 days prior to filing and recordation with the Gallatin County Clerk and
Recorder.
h. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior
to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
i. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies;
one (1) PDF copy; and five (5) paper prints.
j. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the subdivider may submit a letter of request for the extension of the
period to the Planning Director for the City Commission’s consideration. The City
Commission may, at the written request of the subdivider, extend its approval for no
more than one calendar year, except that the City Commission may extend its approval
for a period of more than one year if that approval period is included as a specific
condition of a written subdivision improvements agreement between the City
Commission and the subdivider, provided for in §18.74.060, BMC.
k. If it is the subdivider’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion
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of all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. If the Final Plat is filed prior to the installation of all
improvements, the subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
l. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has
been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final
Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
A preliminary plat application was submitted on May 7, 2007. The letter of extension of
Section 18.06.040, BMC was received on May 25, 2007. The required acceptability letter
was sent on June 20, 2007. The preliminary plat was reviewed by the DRC on June 27, July
11 and 18, 2007. The required adequacy letter was mailed on August 3, 2007. On August
15, 2007, the fourth and final week of DRC review, a conditional recommendation was
forwarded for consideration by the Planning Board and City Commission.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Municipal Code. Public notice for this application was
placed in the Bozeman Daily Chronicle on Sunday, August 19 and 26, 2007. The site was
posted with a public notice on August 17, 2007. Finally, notice was sent to adjacent
property owners via certified mail, and to other property owners of record within 200 feet of
the subject property via first class mail, on August 17, 2007.
The subdivision staff report was drafted and forwarded with a recommendation of
conditional approval to the Planning Board for consideration at its September 5, 2007, public
hearing. The City Commission will make a final decision at the October 1, 2007 public
hearing. A final decision for a major subdivision from a tract of record must be made within
60 working days of the date it was deemed adequate or in this case by October 30, 2007.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall
always be provided unless written confirmation is submitted to the Planning Department
from ALL utility companies providing service indicating that front yard easements are not
needed.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access from dedicated public streets.
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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
1. With a proposed block length of ~ 1,080 feet from Breeze Lane to Tschache Lane, 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.
2. With a proposed block length of ~ 975 feet from Oak Street to Vaquero Street, the street pattern
in West Winds shall be designed to provide a street connection of Breeze Lane extended to a
partial access intersection at Davis Lane, final location subject to Engineering and Planning
Department review and approval.
3. Due to topography, the presence of critical lands, access control, and adjacency to open space,
block lengths may exceed 400 feet but may not exceed 1, 087 feet. Block lengths shall not
exceed 600 feet without a public right of way with pedestrian walkway.
4. Due to separation of residential development from traffic arterials and to overcome specific
disadvantages of topography and orientation, block widths may be less than 200 feet or more
than 400 feet in width. Block widths shall not exceed 600 feet without a public right of way with
pedestrian walkway.
5. The remainder of the original tract of record (and of each phase of the subdivision)) shall be
platted as an undevelopable lot in accordance with §18.74.080.B.6, BMC, with the following
language placed on each undevelopable lot of the final plat “Lot development subject to further
subdivision review.” No public improvements shall be required for the undevelopable lot until it
is subdivided as a lot which is not subject to this restriction. The following language shall either
be placed on the face of the plat or in a separate executed document to be recorded with the final
plat.
NOTICE IS HEREBY GIVEN to all potential purchasers of Lot X, of XXXXX Subdivision,
City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was
approved by the Bozeman City Commission without completion of on and off-site
improvements required under the Bozeman Municipal Code, as is allowed in Chapter 18.74
of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off-
site improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot of XXXXX
Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off-site
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improvements are completed and accepted by the City of Bozeman. No building or structure
requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted.
This restriction runs with the land and is revocable only by further subdivision or the written
consent of the City of Bozeman.”
6. The approved park master plan shall be amended to address any additions, revisions or changes
from the previous approval as well as the relocation of the trail corridor, locations of sewer
mains, stormwater facilities and all easements, and shall be approved by the Park and Recreation
Superintendent, prior to Final Plat approval. In addition, the park master plan shall document the
current status of the park areas, phasing and number of dwelling units.
7. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
8. Note 6 on Phase 6 shall be removed or corrected – a church is not limited commercial, it is a
community center.
9. All subdivision final plats shall comply with the final approved PUD plan and Development
Guidelines for the West Winds Planned Unit Development.
10. A note shall be included on the plat for all multi family lots describing park dedication
allowances; e.g. park dedication requirements for Lot 12, Block 7 have been met for 48 dwelling
units, at the time of subsequent development, when net residential density becomes known, cash-
in-lieu of park dedication requirements shall be met by the property owner for any additional
density in accordance with the BMC. This note shall be recorded on the individual lots in a
manner that will appear on a title search.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public
Access”. Notes shall be included on the plat describing ownership and maintenance
responsibility for all parks, open space and/or other common facilities and areas, e.g.: public
park, dedicated to the city and maintained by the property owners association; and open space,
public access, owned by the property owners, maintained by the property owners association,
etc. Park land, open space areas and storm water facilities shall not be titled as lots or tracts but
shall be numbered.
12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval
with the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
13. Street lighting SILD information for operation and/or maintenance shall be submitted to the
Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The
final plat will not be deemed complete until the resolution to create the SILD has been approved
by the City Commission.
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14. Final plat approval for West Winds Phases 4-8 shall not be granted, nor shall any
preconstruction meetings be held or construction of any subdivision-related infrastructure
commence, until an appropriate fire station site within the area defined in the Master Plan (i.e.,
between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter
Lane) has been secured.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat.
16. 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. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
18. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
19. The final plat 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.
20. To support the affordability of housing:
a. 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.
b. The minimum density of the West Winds PUD shall not be less than six dwelling units per
acre.
c. The number of townhouse lots may be increased at the time of final plat to comply with any
increase in the number of townhouse lots on the approved final PUD plan.
d. Townhouses are preferable to condos. Condos are hard to sell as homes or resell as homes if
some of the units convert to rentals.
e. Builders of attached units shall have a FHA inspection to allow for more types of affordable
financing.
f. Encourage connectivity with the Park.
21. Stormwater Master Plan:
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A Stormwater Master Plan for these phases of the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized detention/retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin sites, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
space, parks, etc.) shall not be located in easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm 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 FSP for each lot.
22. Plans and specifications and a detailed design report for water and sewer main extensions, streets
and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of
Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The Applicant shall
also provide Professional Engineering services for Construction Inspection, Post-construction
Certification, and preparation of mylar Record Drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference has been conducted. All
plans and specification shall comply with the current version (including all addenda) of the City
of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications
to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the
time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless all of the requirements of Section
18.74.030.D of the Bozeman Municipal Code are met to allow for concurrent construction.
23. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
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plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
24. Project phasing shall be clearly defined including installation of infrastructure.
25. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure
plans and specifications.
26. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans, as well as all nearby fire
hydrants and proposed fire hydrants.
27. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width with the utility located in the center of the easement. In no case shall the utility be less
than 10 feet from the edge of the easement. All necessary easements shall be provided prior to
final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not
located under or accessed from improved streets, a 12 foot wide all weather access drive shall be
constructed above the utilities to provide necessary access.
28. Street names must be approved by the Gallatin County GIS office and City Engineering office
prior to final plat approval.
29. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
30. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained
prior to plan and specification approval.
32. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
33. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the
Bozeman Municipal Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
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34. All construction activities shall comply with Section 18.74.020.A.2 of the Bozeman Municipal
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it
becomes necessary for the City to correct any problems that are identified.
35. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall
be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
36. In locations where Baxter Lane and Davis Lane 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. The plan for the irrigation ditches shall be reviewed
and approved by the ditch owner.
37. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation
facility.
38. Any public street rights of way for which easements have been provided (i.e. Oak Street) shall
be dedicated to the City on the Final Plat for this subdivision. The applicant shall also dedicate
an additional 5 ft for the south half of Baxter Lane.
39. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6
foot wide sidewalk will be required in the standard location on the development’s side of West
Oak Street, Davis Lane, and Baxter Lane.
40. 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.
41. A schematic signage plan for the subdivision, noting any proposed traffic calming measures,
shall be provided with the design report for review and approval by the City Engineer.
42. Parking will not be allowed on West Oak Street, Baxter Lane, or Davis Lane.
43. If approved for concurrent construction, detailed review and approval of the concurrent
construction plans will be part of the infrastructure plan and specification review process.
Building permits may not be issued until the plans are approved.
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44. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West
Oak Street, Baxter Lane, and Davis Lane.
45. The Traffic Impact Study, 2007 Update, indicates that the North 27th Avenue intersections with
West Oak Street and Durston Road will have level of service (LOS) at D or below prior to final
build-out of the subdivision. Bozeman Municipal Code section 18.44.060.D states “All arterial
and collector streets, and movements on intersection approach legs designated as arterial or
collector streets, shall operate at a minimum level of service C.” The improvements necessary
for each phase to raise the level of service at these intersections to Level of Service C must be
installed and accepted by the City of Bozeman prior to the issuance of building permits, unless
approved for concurrent construction. To determine the timing of the improvements, an update
to the Traffic Impact Study shall be provided with the design report for each phase. Also, the
update shall identify when the exclusive westbound left turn lane at West Oak Street and N 27th
Avenue shall be installed.
46. Baxter Lane and Davis Lane, 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 sections built by Baxter Meadows. Where
one half of a standard 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.
47. The east half of Davis Lane from West Oak Street to Baxter Lane must be constructed and
accepted by the City prior to filing the Final Plat for any phase along Davis Lane, or financially
guaranteed and completed prior to issuance of building permits, unless approved for concurrent
construction. The design of Davis Lane is also to address the existing irrigation ditch and
provide a median. The south half of Baxter Lane, from Buckrake Avenue to Davis Lane must be
constructed and accepted by the City prior to filing the Final Plat for any phase along Baxter
Lane, or financially guaranteed and completed prior to issuance of building permits, unless
approved for concurrent construction. The infrastructure improvements shall include
improvements to the intersections of Davis Lane at Baxter Lane and West Oak Street.
48. Each phase of the subdivision shall have a second means access.
49. Per the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Municipal Code,
the intersections of Windward Ave at Baxter Lane and Breeze Lane at Davis Lane will be partial
access.
50. Ensure the sanitary sewer manhole spacing provided does not exceed the maximum manhole
spacing, per the COB Design Standards and Specifications Policy.
51. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single
source loops created by phasing will not be allowed.
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52. 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.
CONCLUSION / RECOMMENDATION
Pursuant to Section 18.06.040.D of the Bozeman Municipal Code, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in
compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to
recommend approval, conditional approval or denial of the preliminary plat application. The Board
shall then provide advice and comments to the Bozeman City Commission for its consideration at its
Monday, October 1, 2007, hearing which begins at 6:00 p.m. The Planning Board Resolution #P-
07028 and minutes from the Planning Board’s September 5, 2007, meeting will be forwarded to the
City Commission and made a part of the Commission’s record.
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN
PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY
COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE
APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE
BOZEMAN MUNICIPAL CODE.
Cc: Cascade Development Inc., 1627 West Main Street, #223, Bozeman, MT 59715
HKM Engineering Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718
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West Winds PUD Phases 4-8 Subdivision Preliminary Plat # P07028
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RESOLUTION #P-07028
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A SUBDIVISION PRELIMINARY PLAT APPLICATION
ON ~ 85 ACRES TO BE SUBDIVIDED INTO AS MANY AS 220 SINGLE- AND MULTI-
HOUSEHOLD LOTS WITH AN OPTIONAL CHURCH LOT, STREETS, PARK AND OPEN
SPACE AREAS. THE PROPERTY IS ZONED R-3 (RESIDENTIAL MEDIUM DENSITY
DISTRICT), AND IS GENERALLY LOCATED EAST OF DAVIS LANE AND NORTH OF
OAK STREET. THE PROPERTY IS LEGALLY DESCRIBED AS A PORTION OF THE
NW ¼, SECTION 2, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the applicant/owner, Cascade Development Inc. (John Dunlap), 1627 West
Main St., Ste 223, Bozeman, MT 58715; represented by HKM Engineering Inc. (Clint Litle), 920
Technology Blvd., Ste A, Bozeman, MT 59718, submitted a Subdivision Preliminary Plat
Application on ~ 85 acres to be subdivide into as many as 220 single- and multi-household lots with
an optional church lot, streets, park and open space areas on property legally described as a portion
of NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant is requesting the following PUD relaxation;
1. 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.
WHEREAS, the proposed Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Municipal Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Wednesday,
September 5, 2007, to receive and review all written and oral testimony on the request for said
Subdivision Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for
said Subdivision Preliminary Plat Application; and
WHEREAS, relaxation #1 is addressed by Plan Condition #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; and
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WHEREAS, the applicant described the application, expressed concerns with two
recommended conditions of approval forwarded by various reviewing agencies and the Development
Review Committee; and
WHEREAS, the applicant expressed concern with recommended condition of approval #14,
explaining that it was a hardship to have to comply with the Fire Department’s condition; and
WHEREAS, the applicant expressed concern with recommended condition of approval #20f,
explaining that the CAHAB condition needed to be clarified, and #20c, explaining that there are too
many townhouse lots in West Winds already on the market; and
WHEREAS, no members of the public were present speaking in favor of or opposition to
said Subdivision Preliminary Plat; and
WHEREAS, members of the City of Bozeman Planning Board discussed 310 and 404
permits, and the section line ditch in the Davis Lane right-of-way; and
WHEREAS, members of the City of Bozeman Planning Board discussed street lights on
these arterials versus the street lights on South 19th Avenue (a State secondary highway); and
WHEREAS, members of the City of Bozeman Planning Board discussed access proximity,
block length and pedestrian walkways, the height request, and the updated traffic impact study; and
WHEREAS, members of the City of Bozeman Planning Board discussed condition of
approval #20 as recommended by CAHAB; and
WHEREAS, members of the City of Bozeman Planning Board discussed condition of
approval #14 as recommended by the Fire Department, the need for a fire station, the location of a
fire station, and if a subdivision should be required to provide for public safety before they should be
able to proceed; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a
vote of 5 to 0, recommends to the Bozeman City Commission that the Commission consider moving
forward on acquisition of the fire station site, that condition of approval 20f be amended, and the ~
85 acres to be subdivide into as many as 220 single- and multi-household lots with an optional
church lot, streets, park and open space areas, on property zoned R-3 (Residential Medium Density
District), which is generally located east of Davis Lane and north of Oak Street, on property legally
described as a portion of NW 1/4, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana, be approved with the 52 conditions which follow; and
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1. With a proposed block length of ~ 1,080 feet from Breeze Lane to Tschache Lane, 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.
2. With a proposed block length of ~ 975 feet from Oak Street to Vaquero Street, the street pattern
in West Winds shall be designed to provide a street connection of Breeze Lane extended to a
partial access intersection at Davis Lane, final location subject to Engineering and Planning
Department review and approval.
3. Due to topography, the presence of critical lands, access control, and adjacency to open space,
block lengths may exceed 400 feet but may not exceed 1, 087 feet. Block lengths shall not
exceed 600 feet without a public right of way with pedestrian walkway.
4. Due to separation of residential development from traffic arterials and to overcome specific
disadvantages of topography and orientation, block widths may be less than 200 feet or more
than 400 feet in width. Block widths shall not exceed 600 feet without a public right of way with
pedestrian walkway.
5. The remainder of the original tract of record (and of each phase of the subdivision)) shall be
platted as an undevelopable lot in accordance with §18.74.080.B.6, BMC, with the following
language placed on each undevelopable lot of the final plat “Lot development subject to further
subdivision review.” No public improvements shall be required for the undevelopable lot until it
is subdivided as a lot which is not subject to this restriction. The following language shall either
be placed on the face of the plat or in a separate executed document to be recorded with the final
plat.
NOTICE IS HEREBY GIVEN to all potential purchasers of Lot X, of XXXXX Subdivision,
City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was
approved by the Bozeman City Commission without completion of on and off-site
improvements required under the Bozeman Municipal Code, as is allowed in Chapter 18.74
of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off-
site improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot of XXXXX
Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off-site
improvements are completed and accepted by the City of Bozeman. No building or structure
requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted.
This restriction runs with the land and is revocable only by further subdivision or the written
consent of the City of Bozeman.”
6. The approved park master plan shall be amended to address any additions, revisions or changes
from the previous approval as well as the relocation of the trail corridor, locations of sewer
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mains, stormwater facilities and all easements, and shall be approved by the Park and Recreation
Superintendent, prior to Final Plat approval.
7. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
8. Note 6 on Phase 6 shall be removed or corrected – a church is not limited commercial, it is a
community center.
9. All subdivision final plats shall comply with the final approved PUD plan and Development
Guidelines for the West Winds Planned Unit Development.
10. A note shall be included on the plat for all multi family lots describing park dedication
allowances; e.g. park dedication requirements for Lot 12, Block 7 have been met for 48 dwelling
units, at the time of subsequent development, when net residential density becomes known, park
dedication requirements shall be met for any additional density in accordance with the BMC.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public
Access”. Notes shall be included on the plat describing ownership and maintenance
responsibility for all parks, open space and/or other common facilities and areas, e.g.: public
park, dedicated to the city and maintained by the property owners association; and open space,
public access, owned by the property owners, maintained by the property owners association,
etc. Park land, open space areas and storm water facilities shall not be titled as lots or tracts but
shall be numbered.
12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval
with the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
13. Street lighting SILD information for operation and/or maintenance shall be submitted to the
Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The
final plat will not be deemed complete until the resolution to create the SILD has been approved
by the City Commission.
14. Final plat approval for West Winds Phases 4-8 shall not be granted, nor shall any
preconstruction meetings be held or construction of any subdivision-related infrastructure
commence, until an appropriate fire station site within the area defined in the Master Plan (i.e.,
between Flanders Mill Road and North 27th Avenue, and between Durston Road and Baxter
Lane) has been secured.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat.
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16. 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. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
18. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
19. The final plat 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.
20. To support the affordability of housing:
a. 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.
b. The minimum density of the West Winds PUD shall not be less than six dwelling units per
acre.
c. The number of townhouse lots may be increased at the time of final plat to comply with any
increase in the number of townhouse lots on the approved final PUD plan.
d. Townhouses are preferable to condos. Condos are hard to sell as homes or resell as homes if
some of the units convert to rentals.
e. Builders of attached units shall have a FHA inspection to allow for more types of affordable
financing.
f. Encourage connectivity with the Park. Connectivity with the Park shall be provided. (As
amended by Planning Board)
21. Stormwater Master Plan:
A Stormwater Master Plan for these phases of the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized detention/retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin sites, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
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calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
space, parks, etc.) shall not be located in easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm 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 FSP for each lot.
22. Plans and specifications and a detailed design report for water and sewer main extensions, streets
and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of
Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The Applicant shall
also provide Professional Engineering services for Construction Inspection, Post-construction
Certification, and preparation of mylar Record Drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference has been conducted. All
plans and specification shall comply with the current version (including all addenda) of the City
of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications
to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the
time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless all of the requirements of Section
18.74.030.D of the Bozeman Municipal Code are met to allow for concurrent construction.
23. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
24. Project phasing shall be clearly defined including installation of infrastructure.
25. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure
plans and specifications.
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26. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans, as well as all nearby fire
hydrants and proposed fire hydrants.
27. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width with the utility located in the center of the easement. In no case shall the utility be less
than 10 feet from the edge of the easement. All necessary easements shall be provided prior to
final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not
located under or accessed from improved streets, a 12 foot wide all weather access drive shall be
constructed above the utilities to provide necessary access.
28. Street names must be approved by the Gallatin County GIS office and City Engineering office
prior to final plat approval.
29. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
30. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained
prior to plan and specification approval.
32. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
33. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the
Bozeman Municipal Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
34. All construction activities shall comply with Section 18.74.020.A.2 of the Bozeman Municipal
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it
becomes necessary for the City to correct any problems that are identified.
35. Ditch relocation:
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a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall
be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
36. In locations where Baxter Lane and Davis Lane 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. The plan for the irrigation ditches shall be reviewed
and approved by the ditch owner.
37. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation
facility.
38. Any public street rights of way for which easements have been provided (i.e. Oak Street) shall
be dedicated to the City on the Final Plat for this subdivision. The applicant shall also dedicate
an additional 5 ft for the south half of Baxter Lane.
39. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6
foot wide sidewalk will be required in the standard location on the development’s side of West
Oak Street, Davis Lane, and Baxter Lane.
40. 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.
41. A schematic signage plan for the subdivision, noting any proposed traffic calming measures,
shall be provided with the design report for review and approval by the City Engineer.
42. Parking will not be allowed on West Oak Street, Baxter Lane, or Davis Lane.
43. If approved for concurrent construction, detailed review and approval of the concurrent
construction plans will be part of the infrastructure plan and specification review process.
Building permits may not be issued until the plans are approved.
44. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West
Oak Street, Baxter Lane, and Davis Lane.
45. The Traffic Impact Study, 2007 Update, indicates that the North 27th Avenue intersections with
West Oak Street and Durston Road will have level of service (LOS) at D or below prior to final
build-out of the subdivision. Bozeman Municipal Code section 18.44.060.D states “All arterial
and collector streets, and movements on intersection approach legs designated as arterial or
collector streets, shall operate at a minimum level of service C.” The improvements necessary
for each phase to raise the level of service at these intersections to Level of Service C must be
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installed and accepted by the City of Bozeman prior to the issuance of building permits, unless
approved for concurrent construction. To determine the timing of the improvements, an update
to the Traffic Impact Study shall be provided with the design report for each phase. Also, the
update shall identify when the exclusive westbound left turn lane at West Oak Street and N 27th
Avenue shall be installed.
46. Baxter Lane and Davis Lane, 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 sections built by Baxter Meadows. Where
one half of a standard 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.
47. The east half of Davis Lane from West Oak Street to Baxter Lane must be constructed and
accepted by the City prior to filing the Final Plat for any phase along Davis Lane, or financially
guaranteed and completed prior to issuance of building permits, unless approved for concurrent
construction. The design of Davis Lane is also to address the existing irrigation ditch and
provide a median. The south half of Baxter Lane, from Buckrake Avenue to Davis Lane must be
constructed and accepted by the City prior to filing the Final Plat for any phase along Baxter
Lane, or financially guaranteed and completed prior to issuance of building permits, unless
approved for concurrent construction. The infrastructure improvements shall include
improvements to the intersections of Davis Lane at Baxter Lane and West Oak Street.
48. Each phase of the subdivision shall have a second means access.
49. Per the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Municipal Code,
the intersections of Windward Ave at Baxter Lane and Breeze Lane at Davis Lane will be partial
access.
50. Ensure the sanitary sewer manhole spacing provided does not exceed the maximum manhole
spacing, per the COB Design Standards and Specifications Policy.
51. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single
source loops created by phasing will not be allowed.
52. 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.
DATED THIS 5th DAY OF SEPTEMBER, 2007 Resolution #P-07028
_____________________________ ____________________________
Andrew C. Epple, Planning Director Eric Henyon, Acting Chairperson
Planning & Community Development Dept. City of Bozeman Planning Board
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*** MINUTES ***
CITY OF BOZEMAN PLANNING BOARD
WEDNESDAY, SEPTEMBER 5, 2007
7:30 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Acting Chair Erik Henyon called the regular meeting of the City Planning Board to order at 7:30 p.m.
and directed the secretary to record the attendance.
Members Present:
Erik Henyon, Acting Chair
Caren Roberty
Randy Carpenter
Ed Sypinski
Brian Caldwell
Members Absent:
JP Pomnichowski (excused)
Eric Roset
Bill Quinn (excused)
Kaaren Jacobsen (excused)
Staff Present:
Martin Knight, Planner
Lanette Windemaker, Contract Planner
Robin Sullivan, Recording Secretary
Guests Present:
Priscilla Walcheck, 5551 Cottonwood Road
Rob Pertzborn, Intrinsik
John Dunlap
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there were no members of the public wishing to give any comment, Acting Chair Henyon closed
this portion of the meeting.
ITEM 3. MINUTES OF AUGUST 21, 2007
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Seeing there were no corrections, changes or additions to the minutes, it was moved by Caren Roberty,
seconded by Ed Sypinski, that the minutes of the regular meeting of August 21, 2007, be approved as
submitted. The motion carried on a 5-0 vote.
ITEM 4. PROJECT REVIEW
Subdivision Preliminary Plat #P-07028 (West Winds Phases 4-8) - A Major
Subdivision Preliminary Plat Application on behalf of the owners, Cascade
Development, and the representatives, HKM Engineering, to allow the subdivision
of ~ 85 acres into 220 lots in the West Winds Planned Unit Development, zoned R-3
(Residential Medium Density District). The property is legally described as NW ¼,
Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
(Windemaker)
Staff Report:
Contract Planner Lanette Windemaker briefly reviewed this application for preliminary plat for Phases
4 through 8 of West Winds Subdivision, noting that the plats for Phases 1 through 3 have been
finalized. The property is generally bounded by Baxter Lane, West Oak Street, North 27th Avenue and
Davis Lane. The application for preliminary plat includes a variety of lots, including single-family,
single-family townhouse, multi-family, and a church lot, up to a potential of 220 lots. She stated the
applicant wants to retain the idea of the two planned unit development options like was previously
approved and has submitted two options for some of the phases. She noted that, in conjunction with
this application, the applicant is seeking a modification to amend the building height; and that is an
issue to be addressed by the City Commission.
Contract Planner Windemaker noted that two options have been provided for Phases 4 and 5, one being
a multi-family option and the other being a single-family townhouse option. Phase 6 includes the
church block and single-family residential; Phase 7 is single-family residential with the remaining one-
third of parkland dedication; and Phase 8 is residential located in the northwest corner of the project.
The Contract Planner stated that the Gallatin Valley Land Trust has submitted a letter expressing
concern about the location of the east/west linear green space with trail across the top of Phase 5 and
suggesting that it be relocated to the south side of Winter Park. She then forwarded staff’s position that
the present location is preferable, particularly since there is no certainty that sidewalks will be installed
adjacent to the parkland.
Contract Planner Windemaker stated that staff has reviewed this application in light of the applicable
criteria, and staff’s comprehensive findings are contained in the written staff report. Based on those
findings, staff has forwarded a recommendation for approval subject to several conditions. She
indicated that, while none of the conditions are unusual, the applicant has voiced concern about
Condition Nos. 14 and 20. She noted Condition No. 14 is the standard condition that the Fire
Department is recommending for any development in this quadrant of the community; and Condition
No. 20 has been forwarded by the Community Affordable Housing Advisory Board.
Questions for Staff:
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Responding to questions from Brian Caldwell, Contract Planner Windemaker stated that parks do not
have to be physically attached; rather, sidewalks and trails can provide connectivity. In this instance
she finds there is not a lack of connectivity.
Further responding to Brian Caldwell, Contract Planner Lanette Windemaker stated that the street
lighting required is dependent on the type of street, its design and the speed limit. She noted that South
19th Avenue, which was the subject of a lighting discussion at the last Planning Board meeting, is
designated as a state highway with a speed limit of 60 miles per hour; and the lighting standards for that
roadway are substantially different from those for a local major arterial with a speed limit of 25 miles
per hour.
Responding to Ed Sypinski, Contract Planner Windemaker confirmed the only formalized trail corridor
that goes through all phases of the subdivision is the one on the north side of Winter Park. She noted
that where block lengths exceed 600 feet, mid-block pedestrian crossings will be provided, and there
will be short pedestrian trails through various blocks within the subdivision.
Responding to Erik Henyon, the Contract Planner stated that Project Engineer Sue Stodola has worked
with the applicant to ensure that the streets meet spacing requirements.
Further responding to Erik Henyon, the Contract Planner stated that parking requirements must be met
for all phases, no matter which option is selected. She noted that the assisted living component will
have a lower parking requirement and then indicated that some on-street parking may be counted
toward meeting parking requirements, except there is no parking along an arterial.
Responding to Erik Henyon, Contract Planner Windemaker stated that the fire service overlay and map
in the Bozeman 2020 Community Plan has been superseded by the new fire master plan that was
adopted in November 2006.
Responding to additional questions from Erik Henyon, Contract Planner Windemaker confirmed that
this subdivision is exempt from the new work force housing ordinance. She then addressed the building
height relaxation being sought, noting that the maximum height for the steepest pitch roof in the R-3
zone is 42 feet; and the applicant is requesting a relaxation to allow a 42-foot height with a lower pitch
roof.
Applicant Presentation:
Clint Litle, HKM Engineering, voiced concurrence with the staff report as presented by Contract
Planner Windemaker. He stated that the preliminary plat before the Board is in compliance with the
planned unit development for West Winds and meets the Engineering Department’s requirements. He
indicated that all street lighting will be in compliance with the Unified Development Ordinance, and
parking will also meet code requirements. He stated that The Village is a senior housing development,
with independent living homes next to the large building. He noted that a traffic impact study was done
with the original planned unit development for this subdivision, and the Engineering Department has
determined it does not need to require renewing of that study because of recent work completed on
North 19th Avenue and West Oak Street.
Mr. John Dunlap, applicant, noted that modifications and adjustments have been made to the original
conceptual plans for this subdivision to ensure that connectivity with neighboring developments works
well. He then turned his attention to Condition No. 14, which requires that an appropriate fire station
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site be secured prior to final plat approval and construction of any infrastructure improvements. He
noted that when he went through the planned unit development process for this subdivision, he had to
make sure that the development matched with the fire overlay and that public safety could be
satisfactorily provided. He is now caught in the middle of a change because a revised fire master plan
has been adopted. He stressed that he embraces health and safety issues, but Condition No. 14 as
written presents a significant hardship for him and asked that the condition be stricken or that, at a
minimum, he be granted the same standards as the neighboring Baxter Meadows Subdivision. He then
turned his attention to Condition No. 20, noting that connectivity has been provided throughout the
subdivision, including connections to the park as referenced in No. 20.f. He noted that Item No. 20.c.
encourages townhouse lots, but cautioned that the West Winds community is already overloaded on
townhouse lots. He noted that the RSL lots include a restriction on the size of dwelling units and
directly ties to the affordable housing issue. He concluded by stating he agrees with the remainder of
the conditions and will comply with them.
Questions for Applicant:
Responding to Caren Roberty, Mr. Dunlap stated the requested building height relaxation is to allow a
three-story building with a 5:12 pitch at the maximum height allowed in an R-3 zone. He stated the
building is to be located in the northern two blocks of Phase 3, along Breeze Lane.
Responding to Erik Henyon, Clint Litle stated that Lynn Bacon has been retained by the applicant, and
she is applying for the 310 and 404 permits that are needed under the planned unit development.
Responding to Brian Caldwell, Clint Litle stated that the watercourse along Davis Lane and any
wetland mitigation will be done in conjunction with the planned unit development. He assured the
Board that they will work closely with the irrigation ditch company and will ensure the ditch remains
open and free of any obstruction. He stated that the roadway is to be located in its current alignment
with the irrigation ditch located in the center median, similar to the North 27th Avenue alignment where
the power poles are located in the center median.
Public Testimony:
Seeing there were no members of the public wishing to comment on this matter, Acting Chair Henyon
closed this portion of the meeting.
Discussion:
Responding to questions from Brian Caldwell, Contract Planner Lanette Windemaker stated she has
heard the site for the new fire station is near resolution; however, she cautioned that under the condition
as written, it must be finalized before this subdivision can move forward.
Ed Sypinski stated he will weigh in on the side of public safety. He voiced his concern about this
quadrant of the community, noting that with all of the development in this area, a fire station is needed.
As a result, he feels Condition No. 14 should be retained.
Randy Carpenter voiced his agreement, stating he has heard no good argument to strike Condition No.
14.
Brian Caldwell suggested that the issue of the fire station location should be addressed separate from
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any specific application, noting that it could then be the subject of a more direct discussion.
Caren Roberty addressed the various elements in Condition No. 20, noting these were recommendations
from the Community Affordable Housing Advisory Board. She noted that when this application was
presented to the CAHAB, they viewed the large church parcel as a significant loss of townhouses,
which they felt was the best affordability option. She stated the CAHAB has been told repeatedly that
RSLs are not affordable, so the CAHAB is trying to encourage more attached units because they find
unattached units are not affordable. She proposed that Item 20.f. could be stricken, stating that she feels
the issue of connectivity has already been addressed. She then turned her attention to Condition No. 14,
stating she supports retaining the condition as written. She suggested that the developers in this area
should become actively involved in trying to find a site for the new fire station, although she recognizes
that the City and the County need to get that process moving.
Erik Henyon asked about the condition that was negotiated with Baxter Meadows. He suggested
another option would be to allow installation of the subdivision infrastructure and tie the fire station site
to the issuance of building permits.
Brian Caldwell suggested that the Board forward a second recommendation to the Commission instead
of conditioning projects in this manner. He then noted he is not sure the Board should wordsmith a
condition that has been written by the Fire Marshal.
Randy Carpenter stated he does not want to make any changes to the conditions, noting that the
Commission may have better information on which to make its decision.
Ed Sypinski reiterated his support for Condition No. 14, noting he will always weigh in on the side of
public health and safety.
Erik Henyon suggested that the motion could include the conditions as proposed, with a
recommendation that the Commission look at Condition No. 14; the language in the conditions of
approval for Baxter Meadows Subdivision, Phase 4; and the option of tying the fire station site to the
issuance of building permits rather than installation of the subdivision infrastructure.
Responding to Erik Henyon, Caren Roberty confirmed that she feels Item No. 20.f. should be stricken.
Following a brief discussion, it was determined the condition should be changed to read “Encourage
connectivity with the park shall be provided.”
In response to comments from other Board members, Caren Roberty stated the CAHAB’s experience is
that it is almost impossible to finance a condominium because such a large percentage of them become
rentals and the values then drop.
Motion and Vote:
It was moved by Caren Roberty, seconded by Ed Sypinski, that the Planning Board recommend
approval of the preliminary plat for West Winds Subdivision, Phases 4 through 8, under Application
No. P-07028 as conditioned by staff, with Condition No. 20.f. amended to read “Encourage
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connectivity with the park shall be provided.”; and encourage the City and County to begin the process
of taking action on getting the site for the new fire station selected. The motion carried on a 5-0 vote.
Growth Policy Amendment #P-07036 (Cottonwood Crossing) – A Growth Policy
Amendment Application on behalf of the owners, Betty Madill Trustee of B. Madill
Inter Vivos Trust, and the representatives, Intrinsik Architecture, to amend the
Land Use Designation on 6.6 acres from “Residential” to “Business Park”. The
property is legally described as Ne¼, Section 16, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana. (Knight)
Staff Report:
Assistant Planner Martin Knight noted this application is for a growth policy from “Residential” to
“Business Park” on 6.6 acres at the southwest corner of the intersection of Huffine Lane and
Cottonwood Road. He referenced two previous applications for this property, noting that in the Spring
and Fall of 2005, applications were submitted to amend the land use designation in the growth policy to
“Neighborhood Commercial”. He stated that, at that time, neither the staff nor the City Commission
was supportive of the request, determining that commercial development along Huffine Lane west of
Cottonwood Road was not appropriate.
Assistant Planner Knight stated that staff has reviewed this application in light of the applicable criteria,
and staff’s findings are contained in the written staff report. He noted that staff is not supportive of the
requested amendment as they found it does not satisfy all of the review criteria. He cautioned that
approval would set a precedent for extending commercial uses along the south side of Huffine Lane
further west than had been anticipated.
Assistant Planner Martin Knight reminded the Board that the Bozeman 2020 Community Plan is
currently undergoing an update; and one of the recommendations being considered is the elimination of
the “Business Park” land use designation because it focuses on a single land use pattern, is land
consumptive, and does not reflect current market trends toward mixed use.
The Assistant Planner concluded by stating that this application will be heard before the City
Commission at its September 17 meeting.
Applicant Presentation:
Rob Pertzborn, Intrinsik, representing Covenant Investments LLC and the Madill family, distributed
copies of his speech outline, noting it includes his key points. He characterized this as a simple change,
stressing that he is not asking for a zone change but is asking for a different percentage of the allowed
uses. He noted that the subject parcel has 440 feet of frontage at the intersection of two arterials, with
the traffic on Huffine Lane approaching 20,000 average daily trips. He stated this type of location does
not lend itself well to residential development. He noted that, as a result, he is requesting the change in
land use designation to allow a greater percentage of office space, and stressed that no retail space is
being proposed.
Rob Pertzborn noted that the property across Huffine Lane has an underlying land use designation of
“Business Park”. He stated that allowing the same land use designation for this site, when combined
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with the existing “R-O” zoning, the entryway corridor guidelines, and the development manual for
Loyal Garden, will ensure compatibility with the area while allowing a more appropriate mix of office
and residential uses.
Questions for Staff and Applicant:
Responding to questions from Brian Caldwell, Assistant Planner Martin Knight cautioned that approval
of this application cannot be based on a specific site plan; rather, development of the site will be done
through a separate application. He noted that, if this application were being reviewed in conjunction
with a site plan application, then that information could be taken into consideration but that is not the
case in this instance. Further responding to Mr. Caldwell, the Assistant Planner confirmed that it would
be possible to change the percentages between office and residential development on the subject
property through the planned unit development process.
Responding to Erik Henyon, Rob Pertzborn confirmed that under the current “Residential Office” land
use designation, a minimum of 51 percent must be residential while up to 49 percent can be office
development. Under the requested “Business Park” land use designation and the existing “Residential
Office” zoning designation, up to 100 percent of the site could be office development.
Further responding to Erik Henyon, Rob Pertzborn stated he is not sure what percentages of residential
and office uses will be proposed; however, he stressed this is not the place for residential development.
He noted it would be good to do a nice grouping of offices on the two lots fronting on Huffine Lane,
with a look at the market helping to identify the mix of residential uses that could be incorporated on
the third lot, which fronts along Cottonwood Road.
Public Comment:
Priscilla Walcheck, 5551 Cottonwood Road, noted she lives just south of this property. She stated that,
while she has no problem with changing the land use designation for the two lots fronting on Huffine
Lane, she does object to allowing offices or businesses along Cottonwood Road.
Discussion:
Brian Caldwell stated he feels the Planning Board should try to plan development along Huffine Lane,
rather than fearing what changes might be proposed. He acknowledged that the Board is unable to
consider massing, design and architecture at this time, which is where the fear arises. He noted,
however, that he supports modifying the land use designation for the two lots fronting on Huffine Lane,
while leaving the designation for the lot fronting on Cottonwood Road the same.
Ed Sypinski stated that he agrees in principle; however, he cannot support the change without seeing
specific development plans for the site.
Caren Roberty stated she is skeptical of approving a “Business Park” land use designation when it may
be eliminated in the growth policy update and noted that, ideally, she would like to see a reasonable
amount of neighborhood commercial allowed for this corner. In the alternative, however, she finds
Brian Caldwell’s proposal to modify the land use designation for the two lots fronting on Huffine Lane
would be appropriate while leaving the land use designation for the lot fronting on Cottonwood Road as
residential.
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Randy Carpenter stated he is surprised that this application has been submitted at a time when the
growth policy is being updated and this area is so uncertain and controversial. He agrees that a mix of
office and residential use makes more sense than residential development. He concluded by stating that
he is inclined not to support this application, remaining consistent with previous decisions, and to wait
for the update of the growth policy.
Caren Roberty suggested that, if the Board chooses not to recommend approval of this amendment, it
should make a fairly strong statement of how it feels this corner should be developed so it can be
considered in the growth policy update.
Erik Henyon stated that residential development on this corner is not appropriate. He agrees that
neighborhood commercial would be a better use of this site, particularly with the growth that is
occurring in this area; however, he recognized that type of use has been consistently denied. He stated
that amending the land use designation to “Business Park” on the two lots fronting on Huffine Lane
while leaving the land use designation for the lot fronting on Cottonwood Road as “Residential” would
allow for a true mixed use development. He does feels it would be appropriate to partially approve this
amendment in that manner, stating he feels that the growth policy update would allow for that type of
use anyway. He concluded by noting the applicant has a proven track record of providing quality
development, and the Board must rely on the process to ensure that development of the site is done
appropriately.
Randy Carpenter expressed his concern that this is an important intersection in the community, and that
the Board is being asked to make a change without any community discussion. He then reiterated his
position that the land use designation for this corner should be determined through the growth policy
update process.
In light of additional discussion, the Board members all agreed that residential development fronting on
Huffine Lane is not appropriate and that a good mix of office and residential development would be
acceptable; however, some of the members continued to voice concerns about considering this
amendment when the growth policy update process is underway.
Motion and Vote:
It was moved by Ed Sypinski, seconded by Randy Carpenter, that the Planning Board recommend to the
Commission approval of the growth policy amendment land use designation from “Residential” to
“Business Park” on the two lots adjacent to Huffine Lane but not on the lot adjacent to Cottonwood
Road, requested under Application No. P-07036, with the conditions recommended by staff. The
motion carried on a 3-2 vote, with Caren Roberty, Brian Caldwell and Erik Henyon voting Aye and Ed
Sypinski and Randy Carpenter voting No. Because less than five members voted to approve the
requested amendment, this is an unofficial recommendation to the City Commission.
ITEM 5. NEW BUSINESS
September 18 meeting. Caren Roberty asked if there will be a quorum for the September 18 meeting.
Randy Carpenter indicated that he will be present, although previous e-mails might have suggested
otherwise.
Vice Chair. Responding to Brian Caldwell, Erik Henyon stated that selection of a new Vice Chair is
scheduled for the next meeting.
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Invitations to meetings. Randy Carpenter invited interested Planning Board members to attend a
meeting on subdivision design in small towns, to be held on September 25 and 26 in Three Forks. He
also invited members to attend the panel discussion sponsored by the Gallatin Grassroots Forum and
NewWest.com on September 12 at the Museum of the Rockies.
Topics for upcoming meetings. The Board members requested that they be given updates on certain
topics as soon as possible, before delving into the master plan update. They include: (1) presentation
from Chuck Winn on the fire service areas and new master plan, (2) presentation from the Police
Department, (3) discussion with the School Board on upcoming needs, and (4) a presentation from
Chris Saunders on the maps for the sewer and water services for the next twenty years. They
recognized that the information garnered from these presentations will be beneficial background
information for updating the City’s growth policy.
ITEM 6. ADJOURNMENT
There being no further business to come before the Planning Board at this time, Acting Chair Erik
Henyon adjourned the meeting at 9:14 p.m.
______________________________________ ______________________________________
Erik Henyon, Acting Chair Andrew C. Epple, Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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Phases IV, V, VI, VII, & VIII
Preliminary Plat &
Subdivision Application
West Winds Planned Community
Prepared for:
Cascade Development Inc
1627 West Main
Street, Suite 223
Bozeman, MT 59715
Prepared by:
May 2007
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•P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
July 17, 2007
From: Ted Lange, GVLT Community Trails Program
To: Lanette Windemaker, Bozeman Planning Department
Subject: West Winds Phases 4-8 Mods to PUD #Z-07141
GVLT strongly recommends keeping the greenway trail corridor on the south side of Winter Park.
This greeway will provide an important east-west connection from the Regional Park, to the West
Winds park, to Rose Park to 19th. Keeping the greenway on the south side of Winter Park will allow
bicyclists and pedestrians to access the Regional Park with the least possible number of street
crossings. It is important to keep in mind that this greenway will also be part of a bicycle-pedestrian
route to the new Chief Joseph Middle School. It will therefore be particularly important to ensure
that the intersection of Vaquero, Davis and Winter Park is designed to be as safe as possible.
Thank you for your consideration.
Sincerely,
Ted Lange, GVLT Community Trails Planner
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