HomeMy WebLinkAbout11-19-07_Authorize Mayor to sign the Findings of Fact 25432_6
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: West Winds PUD Phases 4-8 Major Subdivision Findings of Fact, #P-07028
Consent Agenda
MEETING DATE: November 19, 2007
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of West Winds PUD Phases 4-8 Major Subdivision.
BACKGROUND: On October 1, 2007, the City Commission held a public hearing on an application
for preliminary approval of the West Winds PUD Phases 4-8 Major Subdivision. The Commission
approved the proposed subdivision, subject to conditions to ensure the final plat would comply with all
applicable regulations and all required criteria. State law provides that the governing body shall
“provide a written statement to the applicant detailing the circumstances of the condition imposition.”
The statement must include 1) the reason for the condition imposition; 2) the evidence that justifies the
condition imposition; and 3) information regarding the appeal process for the condition imposition.
Lanette Windemaker, Contract Planner, presented the subdivision application on behalf of the City of
Bozeman. She has prepared the Findings of Fact and Order to serve as the Commission’s statutorily
required written statement.
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
Commission Memorandum
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF CASCADE
DEVELOPMENT INC., OWNERS, FOR PRELIMINARY
APPROVAL OF THE PLAT OF WEST WINDS PUD PHASES 4-8
SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on October 1, 2007, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 85 acres as single- and multi-household lots with a church lot, streets, park and open
space areas, as submitted in its original form on May 7, 2007, (#P-07028). The Commission held a
public hearing on the preliminary plat and considered all relevant evidence relating to the public
health, safety, and welfare, including the recommendation of the planning board, to determine
whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On May 7, 2007, the applicant / owner, Cascade Development Inc. (John Dunlap), 1627 West
Main Street, #223, Bozeman, MT 59715., submitted an application for approval to subdivide the
West Winds PUD Phases 4-8 Subdivision, a major subdivision to develop up to 220 single- and multi-
household lots with a church lot, streets, park and open space areas, on ~ 85 acres of property zoned
R-3 (Residential Medium Density District). The property is legally described as a portion of the NW
¼, Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The letter of extension
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 2 of 16
of Section 18.06.040, BMC from Cascade Development Inc. was received on May 25, 2007. The
required acceptability letter was sent on June 20, 2007. The required adequacy letter was mailed on
August 3, 2007.
II.
The preliminary plat was reviewed by the DRC on June 27, July 11 and 18, and August 15,
2007. The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site. The notice was
mailed to all adjoining property owners by certified mail on August 17, 2007. Notice of the time and
date of the public hearings was published in the Bozeman Daily Chronicle on August 19 and 26,
2007. Said notice also served to inform interested persons that materials were available for review at
the Bozeman Planning & Community Development Department.
The Bozeman Planning Board considered the application at its regular meeting on September
5, 2007. The Planning Board found that the application was properly submitted and reviewed under
the procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public hearing. No members of the public were present
speaking in favor of or opposition to said Major Subdivision Preliminary Plat. The Board closed the
public hearing. The Board discussed the fire station requirement, street lights, affordable housing,
layout, and the requested height relaxation. The Planning Board then voted on a motion regarding the
subdivision. The motion, to recommend approval of the subdivision with the conditions as
recommended by Staff, passed on a vote of 5 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
October 1, 2007, at which time the recommendation of the Planning Board, presented in Planning
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 3 of 16
Board Resolution # P-07028, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and indicated
agreement with the proposed conditions.
There was no comment from the general public.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
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 no agricultural water user facilities or neighboring agricultural
uses will be impacted by this development.
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,
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 4 of 16
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 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.
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 5 of 16
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 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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 6 of 16
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.
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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 7 of 16
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 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.
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 8 of 16
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 to the dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Montana Subdivision and Platting Act, and Title 18 of the Bozeman Municipal
Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of
Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies
with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the West
Winds PUD Phases 4-8 Subdivision, for Cascade Development Inc., be approved subject to the
following conditions:
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.
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 9 of 16
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 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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 10 of 16
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.
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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 11 of 16
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:
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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 12 of 16
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.
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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 13 of 16
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:
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.
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 14 of 16
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
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
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 15 of 16
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.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section
18.06.040.D.6 of the Bozeman Municipal Code, 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 effective from the date of adoption
of these Findings by the City Commission. At the end of this period the City Commission may, at the
written request of the subdivider, extend its approval as provided for in Title 18 of the Bozeman
Municipal Code.
DATED this day of , 2007.
BOZEMAN CITY COMMISSION
By:
Jeff Krauss, Mayor
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West Winds PUD Phases 4-8 Subdivision: Findings of Fact 16 of 16
ATTEST:
Stacy Ulmen
City Clerk
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