HomeMy WebLinkAboutC6. West Winds FOF
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Findings of Fact and Order for the West Winds Ph. 2A&B
Subsequent Minor Subdivision Preliminary Plat, Application No.
P15006. MEETING DATE: April 6, 2015 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the West Winds Ph. 2A&B Minor Subdivision Preliminary Plat Application No. P15006.
BACKGROUND: On March 16, 2015, the City Commission held a public meeting for an
application for preliminary plat approval of the West Winds Ph. 2A&B Subsequent Minor
Subdivision. The Commission unanimously (4:0) approved the proposed subdivision application subject to conditions and code provisions 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. To proceed with submitting a final plat application for the initial
phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and
Order. The Findings of Fact and Order can be found in Section 7 of the attachment.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission.
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. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: March 30, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230 Page 1 of 21
City Commission Findings of Fact and Order for West Winds Ph.2A&B
Minor Subdivision Preliminary Plat, Application No. P15006
Public Hearing Date: City Commission meeting on March 16, 2015
Project Description: A preliminary plat application for a second or subsequent minor
subdivision from a tract of record (4.623 acres) to create two lots restricted to affordable
housing.
Project Location: The property is zoned R-3 (Residential Medium Density District). The
property is generally located at Turbulence Lane and North 27th Avenue and is legally
described as Lot 5, Block 8 of West Winds Subdivision Phase 2A & 2B, Northwest ¼ of
Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
Action: Approved with conditions.
Report Date: Wednesday, April 01, 2015
Staff Contact: Allyson Brekke, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Project Summary
The property owner and applicant, Summit Management Group, Inc., represented by Madison
Engineering, Inc., submitted a preliminary plat application to further subdivide one existing lot
within the West Winds Subdivision (a Planned Unit Development) to create two lots restricted to
affordable housing. The existing lot was originally contemplated as a multi-housing lot
restricted to affordable housing. There is no change in the originally planned density of the
property which is 69 units. No additional street or parkland dedication is required for this
subdivision. No subdivision or zoning variances are requested with this application.
Alternatives Considered by the Commission:
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Project Summary ................................................................................................................. 2
Alternatives Considered by the Commission:..................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 5 - RECOMMENDATION AND actions ................................................................... 10
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 11
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 14
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20
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APPENDIX b– DETAILED PROJECT DESCRIPTION AND BACKGROUND ..................... 20
APPENDIX c – NOTICING AND PUBLIC COMMENT .......................................................... 21
APPENDIX d – OWNER INFORMATION AND REVIEWING STAFF .................................. 21
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SECTION 1 - MAP SERIES
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Figure 1: West Winds Ph. 2A&B Minor Subdivision (plat portion)
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SECTION 2 – REQUESTED VARIANCES
No variances were requested with this preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval:
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 a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with
up to 11x17 exhibits.
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 final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on 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.
4. 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.
5. 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 as approved and allocated in the West Winds Planned Unit Development.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. 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.
B. 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.
SECTION 5 - RECOMMENDATION AND ACTIONS
Project Name: West Winds Ph. 2A&B Minor Subdivision Preliminary Plat
File: P5006
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
February 25 and March 4, 2015. On March 4, 2015, the DRC determined the application
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision; and as a result, finds that the application, with the recommended
conditions of approval, is in compliance with the adopted growth policy, the Montana
Subdivision and Platting Act and the Unified Development Code.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations were based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The advisory boards and City Commission considered the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was 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,
Administrative Rules of Montana, and the Bozeman Municipal Code.
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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearing before the City Commission was properly noticed as required by the Bozeman
UDC. Based on the recommendation of the Development Review Committee (DRC) and other
applicable review agencies, as well as the public testimony received on the matter, the City
Commission made a final decision on the applicant’s request on March 16, 2015.
A preliminary plat application was submitted to the Department of Community Development on
February 11, 2015 and was deemed acceptable for initial review on February 18, 2015. The
preliminary plat was reviewed by the DRC on February 25 and March 4, 2015. The DRC and
Staff determined the submittal contained detailed, supporting information that is sufficient to
allow for the review of the proposed subdivision on March 4, 2015.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March
1, 2015. The site was posted with a public notice on February 27, 2015. Public notice was sent
to physically 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 26, 2015. Three
members of the public presented public comment at the City Commission meeting on March 16,
2015.
On March 9, 2015 this minor subdivision preliminary plat application staff report was drafted
and forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission which made their final decision at their
March 16, 2015 public hearing. The final decision for a Subsequent Minor Subdivision
Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in
this case by June 4, 2015.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Some conditions of approval and code corrections are noted to
complete the application processing as the project proceeds to final plat. 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
As noted under Staff Finding no. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
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 public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The property is zoned for residential development and is within a developed
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neighborhood that has previously undergone subdivision review and approval. Therefore, this
subsequent subdivision will have no adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. The property is
designated as a residential area according to the City of Bozeman Community Plan. The area is
zoned for residential development, has previously undergone subdivision review and approval,
and has begun to be developed. Therefore, this subsequent subdivision will have no adverse
effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. No
additional water and sewer mains are required to service the proposed subdivision. Each lot will
connect to the constructed water and sewer mains designed to the appropriate design standard
and shall be located in the standard location as approved by the water/sewer superintendent. The
proposed density is identical to that previously approved for the site therefore; little if any
additional impacts on local services will be caused by this subdivision.
Streets – The DRC determined that the adjacent streets have capacity to accommodate this
development. Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards
including curb, gutter, pavement, boulevard sidewalks and storm water facilities.
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 Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - 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.
Parklands – A waiver was requested and granted for Parks and Recreation Facilities Supplement
information as the site is within an existing subdivision and planned to allow up to 69 affordable
housing units. Park dedication already occurred for these affordable housing units to meet
Section 38.27, BMC. The development is still planned for affordable housing and no additional
density is proposed, therefore, additional parkland is not required.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions were made with the
original subdivision for the control of noxious weeds and maintenance of the property.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lot will have little to no impacts on wildlife and wildlife
habitat. The impacts to the more important habitat areas were addressed and mitigated during
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the review of the original subdivision and are preserved as open space and/or parklands. Further,
the project is in an area identified for development.
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, Mont. Code Ann. and
as a result, the Department of Community Development has 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 was completed by the DRC on January 14, 2015.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The DRC granted waivers to the supplemental information under 38.41.060, BMC
with the pre-application plan review application for: 1) groundwater 2) geology-soils-slopes, 3)
surface water, 4) floodplains, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9)
agricultural water user facilities, 10) educational facilities, 11) land use, 12) neighborhood center
13) miscellaneous, 15) affordable housing, 16) stormwater management, 17) street, roads and
alleys, 18) utilities, 19) parks and recreational facilities, and 20) lighting plan. A waiver to the
supplemental information for 1) water and sewer was not granted. Staff offers the following
summary comments on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information was waived by the DRC. The subject property has previously
undergone subdivision review where surface water was considered. Cattail Creek and two
irrigation ditches are located within the West Winds Subdivision and located outside of and to
the west of the subject property.
38.41.060.A.2 Floodplains
Supplemental information was waived by the DRC. The subject property has previously
undergone subdivision review where floodplains and wetlands were considered. Cattail Creek
that bisects the West Winds Subdivision south to north has fostered the growth of wetland
species creating a jurisdictional wetland corridor through the subdivision. Wetland delineation
for the entire West Winds Subdivision occurred in July 2003.
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38.41.060.A.3 Groundwater
Supplemental information was waived by the DRC. The subject property has previously
undergone subdivision review where groundwater was considered. With the original West
Winds Subdivision, crawl spaces were recommended for new construction.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information was waived by the DRC. The subject property has previously
undergone subdivision review. The property is relatively flat and the existing Cattail Creek and
Farmers Canal lateral that bisect the West Winds Subdivision is located further west of the
property.
38.41.060.A.5 Vegetation
Supplemental information was waived by the DRC. The subject property has previously
undergone subdivision review. No significant or critical vegetation exists on the subject property
with exception to what is occurring and is preserved in the wetland areas. Noxious weeds are
being controlled by the required Noxious Weed Management Plan. In addition, there are
ongoing performance measures required with the Weed Management Plan to ensure control of
noxious weeds on site.
38.41.060.A.6 Wildlife
Supplemental information was waived by the DRC. This is a developing urban area. According
to the West Winds Subdivision submittal there are no known species of concern within the
proposed subdivision area.
38.41.060.A.7 Historical Features
Supplemental information was waived by the DRC. This is a developing urban area. According
to the West Winds Subdivision submittal there was no indication of any prehistoric or historic
cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information was waived by the DRC. This is a developing area and this property is
not currently being used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information was waived by the DRC. This is a developing area and there no
agricultural water user facilities on or adjacent to the site.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. Public infrastructure improvements adjacent to the property (roads, water, and
sewer) have been constructed to City of Bozeman standards around the perimeter of the property.
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Additional water and sewer lines will be constructed to serve each individual lot. The north-
south division of the existing lot will allow easier connections to water and sewer.
38.41.060.A.11 Stormwater Management
Supplemental information was waived by the DRC. This is in a developed urban area with on
site storm water control.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information was waived by the DRC. This is in a developed urban area with all
streets constructed to City standards. Sidewalk improvements along Turbulence and Tschache
will either need to be financially guaranteed with the filing of the final plat.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide the location of all public utility easements
along all front, side and rear lot lines as required by Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information was waived by the DRC. No additional density is being proposed
with this subdivision. The issue was previously addressed with the West Winds Subdivision.
38.41.060.A.15 Land Use
Supplemental information was waived by the DRC. The two proposed lots comply with the
existing zoning designation of R-3.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information was waived by the DRC. Required parkland and recreation facilities
were dedicated with the original subdivision. The subject property was planned to allow up to
69 affordable housing units. Park dedication already occurred for these affordable housing units
to meet Section 38.27, BMC. The development is still planned for affordable housing and no
additional density is proposed, therefore, additional parkland is not required.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC. A neighborhood center is not included or
required with this subdivision. The subdivision does not meet the requirements to require a
neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting
is being proposed with this subdivision.
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38.41.060.A.19 Miscellaneous
Supplemental information was waived by the DRC. The subdivision will not impact access to
any public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information was waived by the DRC. The Workforce Housing requirements,
Article 10.8, BMC, have been suspended by the City Commission.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a subsequent minor
subdivision of a tract of record (4.623 acres) to create two lots restricted to affordable
housing.
B. The purpose of the preliminary plat review was to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application for West Winds Ph.2A&B Subsequent Minor
Subdivision was considered by the City Commission at a public hearing on March 16, 2015
at which time the Department of Community Development Staff reviewed the project and
reported that no public comment had been received prior to the hearing in response to the
noticing on the matter of this preliminary plat application.
D. Chris Budeski from Madison Engineering, representing the applicant/property owner,
discussed the design of the subdivision and indicated the applicant’s agreement with the
recommended conditions of approval.
E. The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Three members of the public commented on the application and
spoke about the following issues: 1) concern about the density of apartment buildings in the
surrounding subdivision, 2) concern about the possibility of decreased property values with
the construction of apartment buildings and affordable housing, 3) concern about mixed use
buildings in the surrounding subdivision, 4) concern about growth, and 5) question how the
subdivision into lots will affect what is developed/built on the lots. All of the public
comment is included in the full video record of the meeting as archived at the City of
Bozeman Clerk’s Office. After receiving all public testimony, the City Commission then
closed the public comment portion on the matter of the preliminary plat application.
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F. It then appeared to the City Commission that all parties and the public wishing to examine
the proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found the proposed preliminary plat would comply with the requirements of the Bozeman
Municipal Code if certain conditions were imposed. Therefore, being fully advised of all
matters having come before them regarding this application, the City Commission makes the
following decision:
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC. Additionally, the Commission
found that the restriction of affordable housing for the property was a part of the original
West Winds Subdivision, which was approved as a planned unit development.
H. 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 this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
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DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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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.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings
per net acre. A minimum is required to support efficiency in use of land and provision of
municipal services, and to advance the purposes and goals of this chapter and the adopted growth
policy. The existing lot was originally intended to accommodate 69 multi-household, affordable
housing dwelling units. The proposed subdivision is intended to maintain the same density as
originally planned.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category 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.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner and applicant, Summit Management Group, Inc., represented by Madison
Engineering, Inc., submitted a preliminary plat application to further subdivide one existing lot
within the West Winds Subdivision (a Planned Unit Development) to create two lots restricted to
affordable housing. The existing lot was originally contemplated as a multi-housing lot
restricted to affordable housing. There is no change in the originally planned density of the
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P-15006, Findings of Fact and Order for WEST WINDS PH2A&B MINOR SUBDIVISION
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property which is 69 units. No additional street or parkland dedication is required for this
subdivision. No subdivision or zoning variances are requested with this application.
Parkland is provided by existing park areas dedicated with the original West Winds Subdivision
Planned Unit Development.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on December 18, 2014. The pre-application was
reviewed by the Development Review Committee (DRC) on January 7 and 14, 2015 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application and granted numerous supplemental information waivers under 38.41.060, BMC.
A preliminary plat application was submitted on February 11, 2015 and was deemed acceptable
for initial review on February 18, 2015. The preliminary plat was reviewed by the DRC on
February 25 and March 4, 2015. The DRC and Staff determined the submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision on
March 4, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March
1, 2015. The site was posted with a public notice on February 27, 2015. Public notice was sent
to physically 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 26, 2015.
On March 9, 2015 this subsequent minor subdivision staff report was drafted and forwarded with
a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission. The City Commission made a final decision at their
March 16, 2015 public hearing. A subsequent minor subdivision is subject to the review time of
a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made
within 60 working days of the date it was deemed adequate; or in this case by June 4, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Summit Management Group, Inc., 283 West Front Street, Suite 1, Missoula, MT 59802
Applicant: Same as owner.
Representative: Madison Engineering, Inc., Attn: Chris Budeski, 895 Technology Boulevard,
Suite 203, Bozeman, MT 59715
Report By: Allyson Brekke, Associate Planner
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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