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P14063, Staff Report for the West Winds Major Subdivision, Phases 7 and 8
Preliminary Plat
Public Hearing Dates: Planning Board meeting is on March 3, 2015
City Commission meeting is on March 23, 2015
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Item: The West Winds Major Subdivision Phase 7 and 8, Preliminary Plat would allow the
subdivision of an existing lot of approximately 17.53 acres into 60 lots for residential
development with associated open spaces in two phases.
Project Location: The site is generally located southeast of the intersection of Davis Lane and
Baxter Lane. The parcel is legally described as Lot R3 of the West Winds Major Subdivision
Phase 6, located in the NW ¼ of Section 2, Township 2 South, Range 5 East, PMM, City of
Bozeman, Gallatin County, Montana and is known commonly as the West Winds Major
Subdivision PUD.
Recommendation: Approval with conditions
Recommended Motion:
Recommended Motion for Preliminary Plat: “Having reviewed the application materials,
considered public comment, and the staff analysis, I hereby adopt the findings presented in the
staff report for P14063 and move to recommend approval the preliminary plat for the West
Winds Major Subdivision, Phases 7 and 8 requested in application P14063 authorizing to
subdivide approximately 17.53 acres into 60 lots with the remaining area as streets and common
open space.”
Report Date: Wednesday, March 18, 2015
Staff Contacts: Brian Krueger, Development Review Manager
Bob Murray, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner, Mahar Montana, LLC, Joe Mahar, 13447 HWY 238 Jacksonville, OR 9753,
and representative Dowl HKM, Clint Litle, 2090 Stadium Drive, Bozeman, MT 59715 have
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submitted an application to subdivide an existing lot of 17.53 acres into 60 lots with the
remaining area as streets and common open space in two phases. These are the two final phases
to be developed of the West Winds Planned Unit Development. Parkland requirements are met
through previously dedicated parkland provided in Phase 6. The proposed subdivision layout is
in compliance with the Planned Unit Development master plan.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
January 6, 2015 Planning Board Meeting Supplement
The Planning Board held a public hearing on this preliminary plat on March 3, 2015. No public
comment was heard on the proposed subdivision. The following discussion is a brief synopsis of
the deliberations:
Applicant stated they are agreeable with all conditions of approval
Encouraged another portion of Baxter Lane will be improved and that the intersection
Davis and Baxter will be improved concomitant with the development of Baxter Lane.
That the proposed subdivision met the criteria outlined in the staff report.
A motion to approve the subdivision was made and seconded. In conclusion the Planning Board
voted unanimously (8:0) to recommend the City Commission approve West Winds Phase 7 & 8
subdivision and recommended approval subject to conditions and code provisions outlined in the
staff report. Draft minutes have not been prepared at the time of publishing this report. The
meeting can be viewed here starting at time stamp 0:25:00.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 5 - STAFF ANALYSIS............................................................................................... 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 11
Preliminary Plat Supplements ........................................................................................... 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 18
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 19
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 19
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute
conditions of approval. The conditions of approval may require compliance with more than the
minimum standards in order to conform to the physical and economic development of the City,
and to the safety and general welfare of the future lot owners and of the community at large. The
applicant must comply with all provisions of the Bozeman Municipal Code which are applicable
to this project.
Recommended Conditions of Approval:
Community Development Department:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) 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 three (3) 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. The Gallatin County Clerk & Recorder’s office has elected to continue the
existing medium requirements of 2 mylars with a 1½” binding margin on one side for both
plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as
the last same sized mylar sheet in the plat set.
2. 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.
3. 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 and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration and recitals to facilitate the property
owners’ association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing West Winds Subdivision property owners’ association. Any cost
sharing agreements for maintenance shall be included with the final plat.
5. Prior to final plat approval, in conjunction with required or offered dedications, the
subdivider (or owner of the property being subdivided if the owner is not the subdivider)
shall transfer ownership to the City of all dedicated parkland and any open space proposed to
be conveyed to the City and all its right, title, and interest in any improvements made to such
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parkland or open space. For the transfer of real property, the subdivider or owner of the
property shall submit with the application for final plat a warranty deed or other instrument
acceptable to the City Attorney transferring fee simple ownership to the City. The subdivider
or owner of the property must record the deed or instrument at the time of recording of the
final plat with the original of such deed returned to the City. For personal property installed
upon dedicated parkland or City owned open space, the subdivider shall provide the City an
instrument acceptable to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
6. Prior to final plat approval, in conjunction with required or offered dedications the subdivider
(or owner of the property being subdivided if the owner is not the subdivider) shall transfer
ownership to the property owners’ association of any open space proposed to be conveyed to
the property owners’ association and all its right, title, and interest in any improvements
made to such open space. For the transfer of real property, the subdivider or owner of the
property shall submit with the application for final plat a quit claim deed or other instrument
acceptable to the City Attorney transferring fee simple ownership to the property owners’
association. The subdivider or owner of the property must record the deed or instrument at
the time of recording of the final plat with the original of such deed returned to the City. For
personal property installed upon owned open space, the subdivider shall provide the property
owners’ association an instrument acceptable to the City Attorney transferring all its rights,
title and interest in such improvements including all applicable warranties to such
improvements.
7. The final plat shall contain the following notation on the conditions of approval sheet in the
final plat: “Ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space lands shall
be that of the property owners’ association. Maintenance responsibility shall include, in
addition to the common open space and trails, all vegetative ground cover, boulevard trees
and irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas. All
areas within the subdivision that are designated herein as common open space including trails
are for the use and enjoyment by residents of the development and the general public. The
property owners’ association shall be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat for each phase of the subdivision the subdivider shall
transfer ownership of all common open space areas within each phase to the property
owners’ association created by the subdivider to maintain all common open space areas
within West Winds Phases 7 and 8.”
8. The landscape plans for the open space areas shall be revised to remove any reference to ash
tree species. Other species acceptable to the City Forestry Division shall be provided in
place of ash species.
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9. The certificate of dedication on the final plat shall include the specific names of the streets
dedicated to the public for which the City accepts responsibility for which will include
Spring View Court, Trade Wind Lane, Davis Lane, Baxter Lane, Hunters Way, Windward
Avenue and Flurry Lane. The final plat for each phase shall only reference those streets
within that phase.
10. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat conditions of approval sheet. The table shall explicitly state how
much parkland credit was allocated for each lot within each phase. This table shall include
but not be limited to listing all dedicated parkland requirements, parkland or parkland credits
and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks,
wetlands, common open space, parking facilities) and the total area of each. The applicant
shall provide a minimum of 1.8 acres of dedicated parkland or equivalent thereof with this
major subdivision. This amount is calculated based on 60 single household residential lots at
0.03 acres per dwelling of dedicated parkland. The final plat, property owners’ association
documents (POA), and park master plan may not include any reference to “dedicated” open
space and Public Park; rather if the areas designated as such on the preliminary plat are to be
common open space owned by the POA or a park owned by the POA, or a combination
thereof the plat, POA documents and park master plan must specifically designate them as
common open space owned by the POA, etc. unless the applicant intends to dedicate public
parkland within the subdivision.
11. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
12. All Irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates shall be provided to the City with the final plat submittal. All
wells shall include a meter or other devise to determine consumption.
Engineering Department:
13. 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.
14. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
15. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
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16. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
17. The south half of Baxter Lane shall be constructed to the 2 lane option minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan from the end of the
widening completed with Phase 6 to the end of the improvements to be completed by the
City to the intersection of Baxter and Davis. The improvements shall be installed or
financially guaranteed prior to final plat approval. All improvements shall be complete prior
to issuance of a building permit.
18. The necessary right of way shall be granted for the City to complete the intersection
improvements at Baxter and Davis. The required right of way shall be dedicated with the
final plat for each phase if the amount necessary to complete the improvements is known. If
the limits are not known at the time the plat(s) are filed, the developer shall agree to transfer
the required property to the City by deed or other mutually acceptable method. Under this
scenario, the City will prepare all necessary documents to complete the transfer, but there
will be no other compensation for the property.
19. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot
deep that is created by phasing.
20. If phase 8 is platted prior to phase 7, Windward Avenue shall be constructed to provide a
secondary access to the subdivision.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: West Winds Major Subdivision Phase 7 and 8 Preliminary Plat
File: P14063
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
January 14, 21 and 28 2015 and as a result, finds that the application, with conditions, is in
general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act
and the Unified Development Code. The DRC recommended conditional approval of the
preliminary plat application.
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Recreation and Parks Advisory Board, Subdivision Committee
The Recreation and Parks Advisory Board (RPAB) Subdivision Committee did not review the
proposed preliminary plat as no parkland is proposed with Phases 7 and 8. All the parkland
required for Phases 7 and 8 was dedicated with Phase 6. Improvements to Phase 6 parkland have
been financially guaranteed and are expected to be installed spring/summer of 2015.
Planning Board
The Planning Board is scheduled to hold a public hearing and review the preliminary plat on
March 3, 2015.
The Planning Board held its public hearing on January 6, 2015. No public comment was
received. The Planning Board voted not to recommend the variance from minimum level of
service standards with amended Condition No. 33. The Board voted to recommend the block
length variance request. In conclusion the Planning Board voted to recommend approval of the
preliminary plat with the conditions and code provisions as noted in this staff report.
City Commission
The City Commission is scheduled to hold a public hearing and review the preliminary plat on
March 23, 2015.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project, prior to receiving final plat approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or State law.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition no. 1, the final plat must comply with State statute
and the Bozeman Municipal Code including the newly adopted ARM’s from the State.
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2) Compliance with 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 Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition 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 advisory code citations (standards) of the UDC that are listed in Appendix A shall
be addressed with the final plat application.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board shall
forward a recommendation in a Resolution to the City Commission who will make the final
decision on the applicant’s request.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based upon the review of the DRC, all applicable regulations appear to be met. Pertinent code
provisions and site specific requirements are included in this report for City Commission
consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
Easements are shown on the preliminary plat in conformance with requirements. As required
under Section 38.23.060.A BMC, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via curb cuts to perimeter streets.
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following
primary review criteria for the governing body to consider when evaluating subdivisions. Staff,
the DRC and other applicable review agencies have made comments in relation to those and
other criteria as described below, and have recommended conditions of approval as outlined at
the beginning of this staff report.
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1) The effect on agriculture
The subject property is designated as Residential according to the City of Bozeman Community
Plan. The subject property is zoned for residential development and is not in agricultural
production. Therefore, this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There are no changes or impacts are identified to agricultural water user facilities located on the
subject property.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. The
applicant has provided the necessary water and sewer design report for review by the City
Water/Sewer and Engineering Departments.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the City
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. The proposed subdivision is bound by Baxter Lane (arterial) to the north, Davis
Lane (arterial) to the west, Flurry Lane (local) to the south and common open space/City
Parkland to the east. Davis has been previously improved to the City’s street standards (with the
exception of sidewalks), whereas Baxter is currently constructed to a county road standard. The
proposed subdivision improvements will include the installation of six local streets: Flurry Lane,
Windward Avenue, Spring View Court, Trade Wind Lane, and Hunters Way constructed to
current City design standards. The southern half of Baxter Lane will be constructed to a minor
arterial standard adjacent to the subdivision.
The existing intersection at Davis Lane and Baxter Lane is operating at a Level of Service below
that allowed in the code. The City has funded the improvement of that intersection in the Capital
Improvement Plan and construction of improvement sto the intersection are scheduled for
summer of 2015. The ownership and maintenance of the subdivision streets will be accepted by
the City of Bozeman.
Stormwater – The applicant submitted a preliminary design report for stormwater management
for review by the City Engineering Department. The standard requirement for a detailed review
of the final grading and drainage plan, and approval by the City Engineer, will be required as
part of the infrastructure plan and specification review process prior to final plat approval.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Department
prior to filing the final plat to facilitate emergency response to the site.
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Parklands – Dedicated parkland is required and has been previously provided in the West Winds
subdivision for Phases 7 and 8. The application proposes to utilize 1.8 acres of acres of parkland
previously provided in compliance with code requirements.
4) The effect on the Natural environment
This property is located in an area of the City which has been identified and developed for residential uses at urban density and no changes are proposed that would impact the natural environment. No significant physical or topographical features have been identified, (e.g.,
outcroppings, geological formations, steep slopes), on the subject property. The applicant has
entered into an agreement for a Noxious Weed Management and Revegetation Plan with the
Gallatin County Weed Control District. The plat notes that due to high groundwater full or partial basements are not recommended.
5) The effect on Wildlife and wildlife habitat
No known endangered species or critical game ranges have been identified on the subject
property. This area of the City has been identified and developed for urban purposes in a
location of the City where no physical features, established vegetation, or habitat exist, which
reduces the potential for development of any wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
result, the DRC and Department of Community Development have reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review for Phase 7 was completed by the DRC on February 5,
2014. A subdivision pre-application plan review for Phase 8 was completed by the DRC on April
23, 2014. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Farmers Canal/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 required. 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.).
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38.41.060.A.2 Floodplains
The floodplain study for Farmers Canal/Harmon Ditch, aka Cattail Creek, was completed in
December, 2004 and that report found n that the 100 year water surface boundary was largely
contained well within the 50 foot required watercourse setback from Cattail Creek. The report
recommended culvert sizing for the east/west street crossings that have been implemented in the
infrastructure approvals for the subdivision. The culverts for all street crossing are in place.
38.41.060.A.3 Groundwater
Depth to groundwater was measured in different locations on the property on April 9, 2003, July
1, 2003 and February 4, 2004 with the original preliminary plat application. 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 is
proposed to be included 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 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.
38.41.060.A.4 Geology, Soils and 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.
38.41.060.A.5 Vegetation
No significant or critical vegetation exists on the subject property.
38.41.060.A.6 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. Montana Fish Wildlife and Parks was contacted regarding the
subdivision and that they had no comment on the subdivision.
38.41.060.A.7 Historical Features
The State Historic Preservation Office has determined that no historical features exist on the
subject property.
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38.41.060.A.8 Agriculture
This is a developing area and this property is not used for 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.
38.41.060.A.9 Agricultural Water User Facilities
Farmers Canal/Harmon Ditch aka Cattail Creek bisects the West Winds Subdivision. There are
no agricultural water user facilities on the subject property. No realignment or relocation of
active irrigation ditches or pipelines is proposed. If an irrigation facility or points of diversions
thereon are proposed to be realigned or relocated, the developer's professional engineer shall
certify, prior to final plat or final plan approval, that the water entering and exiting the realigned
or relocated irrigation facility is the same quality and amount of water that entered or exited the
facility prior to realignment or relocation.
38.41.060.A.10 Water and Sewer
Adequate capacity exists to service the subdivision. Municipal water and sewer mains exist in
the adjacent street right-of-ways. The applicant has provided the necessary water and sewer
design report for review by the City Water/Sewer and Engineering Departments. Final approval
of the water distribution system and sewage collection/disposal system will be obtained through
normal approval procedures of preliminary and final plat review by the City Engineer’s Office,
Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
As this property generally slopes from south to north, drainage swales will convey stormwater
from the ends of the proposed streets to an existing detention pond on the northern portion of the
property adjacent to Baxter Lane. Final approval of the stormwater system will be obtained
through the City Engineering Department.
38.41.060.A.12 Streets, Roads and Alleys
The proposed subdivision is bound by Baxter Lane (arterial) to the north, Davis Lane (arterial) to
the west, Flurry Lane (local) to the south and common open space/City Parkland to the east.
Davis has been previously improved to the City’s street standards (with the exception of
sidewalks), whereas Baxter is currently constructed to a county road standard. The proposed
subdivision improvements will include the installation of six local streets: Flurry Lane,
Windward Avenue, Spring View Court, Trade Wind Lane, and Hunters Way constructed to
current City design standards. The southern half of Baxter Lane will be constructed to a minor
arterial standard adjacent to the subdivision.
The existing intersection at Davis Lane and Baxter Lane is operating at a Level of Service below
that allowed in the code. The City has funded the improvement of that intersection in the Capital
Improvement Plan and construction of improvements to the intersection is scheduled for summer
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of 2015. The ownership and maintenance of the subdivision streets will be accepted by the City
of Bozeman.
A traffic impact study was completed by Dowl HHM and was included in the applicant’s
submittal materials.
A combination of five and six foot sidewalks are proposed within the development and around
the perimeter of the subdivision. All sidewalks adjacent to parks and arterial streets will be six
foot wide, while all other sidewalks will be five foot wide. Final approval of the sidewalk
improvement plans will be obtained through the City Engineering Department.
38.41.060.A.13 Utilities
The gas, electric, phone and fiber optic services will be extended into the subdivision from the
existing internal and perimeter streets. All private utilities servicing the subdivision will be
installed underground. The standard utility easements have been provided with the preliminary
plat. The final plat includes the easement notation required with the Certificate of Dedication as
set forth in the Unified Development Code. All utilities will be required to coordinate their
installation and location with the installation of the infrastructure. The DRC and local review
agencies did not identify any potential impacts and/or concerns with providing private utilities to
the subdivision.
38.41.060.A.14 Educational Facilities
The applicant solicited comments from the Bozeman School District and received a letter
confirming that the Bozeman school District could accommodate the new students anticipated to
come from this subdivision. The subdivision is in the Emily Dickinson Elementary School,
Chief Joseph Middle School, and Bozeman High School attendance areas. The letter indicated
that the existing bus system can accommodate the estimated number of additional students.
38.41.060.A.15 Land Use
The 60 lot subdivision is planned for single household residential uses as allowed in the
underlying R-3 (Medium Density Residential) zoning district and as approved through the West
Winds Planned Unit Development.
38.41.060.A.16 Parks and Recreation Facilities
The parkland dedication requirements for this subdivision will be satisfied with public parklands
dedicated with previous phases. At 0.03 acres of dedicated parkland per dwelling unit the
calculated parkland dedication with this preliminary plat application would be 1.8 acres.. A
master parks plan was approved by the City Commission on May 16, 2005. The Wet Winds The
final park area within West Winds is in phase 6 dues east of this subdivision. The improvements
are financially guaranteed and are expected to be constructed in spring/summer 2015.
38.41.060.A.17 Neighborhood Center Plan
The dedicated parkland situated north to south along Farmers Canal/Harmon Ditch aka Cattail Creek is identified as satisfying the requirements of a neighborhood center for the West Winds
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Major Subdivision. The dedicated park is of a size and layout that allows for both passive and
active recreation, and includes a trail along the Cattail Creek watercourse. The platted location
of the park generally does meet the following criteria detailed in Section 38.23.020.A: the
geographic center point of the neighborhood center shall be no further than 600 feet from the geographic center of the development and the neighborhood center shall have frontage along
100% of its perimeter. The neighborhood center has been developed according to the approved
West Winds Planned Unit Development and parks master plan.
38.41.060.A.18 Lighting Plan
Street lights are proposed around the perimeter of the subdivision and at all intersections in
accordance with the City of Bozeman Design Standards and Specifications Policy. Final
approval of the lighting system will be obtained through the City Engineering Department.
38.41.060.A.19 Miscellaneous
There are no public lands other than parkland within 200 feet of the subdivision or any health or
hazards on site or adjacent to the subject property.
38.41.060.A.20 Affordable Housing
The West Winds Planned Unit Development provided a deed restricted lot for affordable housing
as part of the performance points required for the planned unit development. The Workforce
Housing Ordinance (Ordinance 1710) has been suspended by the City Commission.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and 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.
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. This designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.
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The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are 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 category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The application proposes the subdivision of an existing lot of approximately 17.53 acres into 60
lots for residential development with associated open spaces in two phases. This is the final two
phases in the West Winds Planned Unit Development. All parkland has been dedicated and the
final parkland improvements are anticipated to be installed spring/summer of 2015.
Project Background
The City Commission has approved the following relaxations for the 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 adjacent to the arterial and collector streets;
d) Section 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
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access separation distance between the proposed local streets onto Oak Street, an arterial
street, to be separated less than 660 feet.
h) 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 for multi-household dwellings.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application for phase 7 was submitted on January 21, 2014. A subdivision
pre-application for phase 8 was submitted on March 31, 2014. A subdivision pre-application plan
review for Phase 7 was completed by the DRC on February 5, 2014. A subdivision pre-
application plan review for Phase 8 was completed by the DRC on April 23, 2014. Summary
review comments were forwarded to the applicant in preparation of the preliminary plat
applications.
A complete preliminary plat application was submitted on December 31, 2014 and deemed
acceptable for initial review on January 8, 2015. The preliminary plat was reviewed by the DRC
on January 14, 21 and 28, 2015. On October 2, 2013 the DRC reviewed the revised materials and
provided a favorable recommendation on the application to the Planning Board and City
Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 8, 2015. The site was posted with a public notice on February 13, 2015. Public notice
was sent to adjacent property owners via certified mail, and to all other property owners of
record within 200 feet of the subject property via first class mail, on February 11, 2015. No
written public comment has been received on the application as of the writing of this staff report.
On February 26, 2015 this major subdivision staff report was drafted and forwarded to the
Planning Board with a recommendation of conditional approval. The Planning Board is
scheduled to hold a public hearing on the application on March 3, 2015.
The City Commission is scheduled to review the preliminary plat and make a decision at their
March 23, 2015 public hearing. The final decision for a Major Subdivision must be made within
80 working days of the date it was deemed adequate or in this case by May 21, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Joe Mahar, 13447 HWY 238 Jacksonville, OR 97530
Representative: Clint Litle, Dowl HKM 2090 Stadium Drive, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
West Winds Phase 7 & 8 Subdivisions
Mahar Montana LLC joe@maharhomesmt.com
13447 Hwy 238, Jacksonville, OR 97530
541-261-3031
same as owner
Clint Litle, P.E., DOWL HKM clitle@dowlhkm.com
2090 Stadium Drive, Bozeman, MT 59715
406-586-8834 406-586-1730
NW 1/4, Section 2, T2S R5E
Intersection Davis and Tschache Lanes
Phase 7: 43 Lot Single Family Residential Development
Phase 8: 17 Lot Single Family Residential Development
R3 Vacant
Residential
26.69 17.11
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