HomeMy WebLinkAbout16- Findings of Fact and Order - Pine Meadow Major Subdivision Preliminary Plat Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-123 0
BOZEMAN CITY COMMISISON FINDINGS OF FACT AND ORDER FOR
THE PINE MEADOWMAJOR SUBDIVISION PRELIMINARYPLAT,
APPLICATION 16041
Public Hearing Dates: Planning Board meeting was on April 5, 2016
City Commission meeting was on April 18, 2016
Project Description: A Preliminary Plat Application to subdivide 4.104 acres into 18 single
household residential lots, one (1) common open space lot, and one (1) park with the extension
of West Villard Street and improvements to Valley Drive.
Project Location: The subject property is addressed at 310 Valley Drive, described as
Remainder of Tract 7, Smith's Subdivision, located in the Northeast One-Quarter (NE 1/4) of
Section 11, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County,
Montana.
Recommendation: Approval with conditions
Recommended Motions:
Parkland: Having reviewed and considered the application materials, public comment, and all
the information presented, I hereby adopt the findings presented in the staff report for
application 16041 and move to approve the Pine Meadow Park Plan, improvements in-
lieu with conditions and subject to all applicable code provisions.
Main Motion: Having reviewed and considered the application materials, public comment, and
all the information presented, I hereby adopt the findings presented in the staff report for
application 16041 and move to approve the Pine Meadow Major Subdivision with
conditions and subject to all applicable code provisions.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 2 of 33
Please note that if the Commission does not accept the proposed hybrid improvements-in-lieu of
parkland proposal the subdivision will require modifications requiring material changes and
cannot be approved as submitted.
Report Date: Wednesday, May 11, 2016
Staff Contacts: Tom Rogers, Senior Planner
Shawn Kohtz,Development Review Engineer
Agenda Item Type: Action(Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner and applicant JJVM Properties, LLC, PO Box 1441, Belgrade, MT 59714,
represented by TD&H Engineering, 234 East Babcock, Suite 3, Bozeman, MT 59718 have
submitted an application to subdivide approximately 4.104 acres into 18 single household
residential lots, with a park, and a open space lot. If approved, the Pine Meadow subdivision
will result in a net density of 5.24 dwelling unit per acre. Pursuant to Section 38.08.080.A,BMC
the minimum residential density in an R-1 district is five (5) dwelling units per net acre.
Parkland requirements are proposed to be met through a combination of land and park
improvements in-lieu of parkland dedication. A complete parkland discussion can be found in
Section 6, effects on local services under primary subdivision review criteria of this report.
Valley Drive will be partially improved to meet minimum City standards by constructing a paved
drive aisle 31 feet wide and curb and side walk only on the east half of the street. West Villard
Street will be extended through the site to the west property boundary.
The subject property was recently annexed into the City and zoned R-1 (Residential Single
Household District). The annexation agreement allows the existing home on the property to
continue to utilize on-site water and wastewater systems until further development occurs.
The Pine Meadows project is adjacent to and to the west of the recently approved Valley
Meadows subdiviosn. Valley Meadows created 62 townhome lots with parkland and
improvements-in-liu of parkland.
April S, 2016 Planning Board Meeting Supplement
The Plannng Board held a public hearing on this preliminary plat on April 5, 2016. Considerable
public comment was heard on the proposed subdivision. In addition, written comment was
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 3 of 33
received by the Community Development Department. Draft Planning Board minutes are
aatched to this report.
The Board heard the staff presentation, applicant presentation, and public comment. The Board
ended the public meeting and entered Board discussion. Public comment lettera re attached to
their report.
Primary public comment issues:
■ Enforecement of the Smith Subdivision convenants
■ Density
■ Stormwater management as a result of the improved road
■ Access during construction of Valley Drive
■ Smith Subdivision covenanats
■ Neighborhood character with greater density
IN aconslusion the Planning Board voted 7:1 to recommend the City Commisiosn adopt the
prposed park plan. The Planning Board continued by voting 7:1 to reccoemend approval of the
subdiviosn as presented.
A link to the Planning Board meeting can be found HERE.
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.
Table of Contents
EXECUTIVE SUMMARY............................................................................................................ 2
UnresolvedIssues ............................................................................................................... 2
ProjectSummary.................................................................................................................2
Alternatives......................................................................................................................... 3
SECTIONI -MAP SERIES .......................................................................................................... 5
SECTION 2 -RECOMMENDED CONDITIONS OF APPROVAL .......................................... I I
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 16
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 16
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 4 of 33
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 17
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19
Preliminary Plat Supplements........................................................................................... 24
SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 29
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 31
APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 31
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 32
APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 33
FISCALEFFECTS....................................................................................................................... 33
ATTACHMENTS......................................................................................................................... 33
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 5 of 33
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SECTION 2 -RECOMMENDED CONDITIONS OFAPPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. The plat must 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 must 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 must 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 1%2" 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 must 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 must include a digital copy (pdf) of the
entire Final Plat submittal. This narrative must in sufficient detail to direct the reviewer to the
appropriate plat,plan, sheet, note, covenant, etc. in the submittal.
3. 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.
4. Phasing for the major subdivision must be clearly delineated using phase letters, in-lieu of
numbers (i.e., Phase 2A, 2B, 2C and 21)), if proposed.
5. The final plat must provide all necessary utility easements and must 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 provide will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
6. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes
plans and specifications to fence the perimeter of the project must be provided for review and
approval prior to final plat approval. Fences located in the front, side or rear yard setback of
properties adjacent to any park or open space must not exceed a maximum height of 4 feet,
and must be of an open construction designed in a manner to be consistent along all park land
and open space areas. This requirement with appropriate exhibits of fence types must be
addressed and illustrated in the home owner's association documents.
7. Trees may not be located within 10 feet of sewer and water services. Sewer and water
services must be shown on the landscaping plan of the park and open space plan, and
approved by the Water/Sewer Superintendent.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 12 of 33
8. Homeowner's association documents must address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation
begins in the City of Bozeman right-of-way. The covenants must include a planting note
stating that the planting hole must 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.
9. Street lighting, including pathway intersection lighting, must be installed by the subdivider.
Light locations and specifications must be provided to the City Engineer for review and
approval with the public improvements plans and specifications. All street light poles must
be installed a minimum of 10' from any water or sewer main or appurtenance.
10. Any public street lighting installed by this development must be LED.
11. Subdivision lighting SILD information must be submitted to the Clerk of Commission 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.
12. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC must be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication must be
included on the final plat conditions of approval sheet, or other recordable document
acceptable to the City of Bozeman. This table must 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 must provide a minimum of
0.51 acres of dedicated parkland or equivalent thereof with the major subdivision. This
amount is calculated based on 17 additional single household residential lots at 0.03 acres per
dwelling of dedicated parkland. The final plat, property owner's 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.
13. The final plat must include a transfer of private improvements certificate to read substantially
as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: Common Open Space parcels designated with letters
A, B, C, D, E, F, G and H. Unless specifically listed in the Certificate of Dedication, the
city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further
certify that the following non-public improvements, required to meet the requirements of
Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the
subdivision plotted herewith, have been installed in conformance with any approved
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 13 of 33
plans and specifications prepared in accordance with the standards of Chapter 38 or other
City design standards, or have been financially guaranteed and are covered by the
subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure improvements to
the property owners association created by Document Number
(To be filled in when recorded)
By: (Subdivider)Date:
14. The final plat must contain the following notation on its face or in a document to be recorded
with the final plat pursuant to the Pine Meadows Annexation Agreement (Resolution 4501):
"The existing structure may continue to utilize the on-site groundwater well for
domestic use until: a) the existing well fails to the point it needs to be drilled
deeper or replaced; b) the existing structure is converted to any use other than a
residence; c) the existing structure is removed or destroyed, beyond 50 percent of
the market value, or d) when water mains are constructed within 200 feet of the
structure. "
15. The final plat must contain the following notation on its face or in a document to be recorded
with the final plat pursuant to the Pine Meadows Annexation Agreement(Resolution 4501):
"The existing structure may continue to utilize the on-site sewer system until: a)
the existing on-site sewer system fails; b) the existing residential structure is
converted to any use other than a residence; c) the existing residential structure is
removed or destroyed, by whatever means, beyond 50 percent of the market value,
or d) when water mains are constructed within 200 feet of the structure. If the
existing on-site sewer system fails, the existing structure must connect to the
public sanitary sewer main. A replacement on-site sanitary sewer system cannot
be utilized. At the time the existing on-site sewer system is disconnected, the on-
site system must be properly vacated and removed, which at a minimum entails
the septic to be pumped and filled in with gravel/dirt, or the tank totally removed,
as required by the Gallatin County Health Department. "
16. The location of mailboxes must be coordinated with the City Engineering Department prior
to their installation.
17. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the
following, if not done with annexation:
a. Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance
District.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 14 of 33
18. All streets contained within the subdivision must be within dedicated public right of way and
built to city standard,unless approved as allowed by City Code.
19. A one foot no access strip must be recorded on the final plat restricting access for any lots
fronting onto Durston Road.
20. The sidewalks on Durston must be 6' wide and 6"thick.
21. The necessary right of way must be dedicated with the final plat for the following streets:
a. West Villard Street(local street)—60 feet.
b. Durston Road(Minor Arterial)—45 feet south of center line.
22. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not the
subdivider) must 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 parkland or open space. For the transfer of real property, the subdivider or
owner of the property must submit with the application for final plat a warranty deed and
associated realty transfer certificate 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 must 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.
23. The final plat must 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 must
be that of the property owners' association. Maintenance responsibility must 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 must 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 the subdivision, the subdivider must transfer
ownership of all common open space to the property owners' association created by the
subdivider to maintain all common open space areas within the Pine Meadow Subdivision.
24. The certificate of dedication on the final plat must include the specific names of the streets
dedicated to the public for which the City accepts responsibility.
25. The subdivider must provide the necessary declaration and recitals to facilitate the property
owners' association bylaws and/or declaration of covenants, conditions and restrictions. Any
cost sharing agreements for maintenance must be included with the final plat.
26. Drainage plans must be required for each lot as part of the building permit application.
16041,Findings of Fact and Order for the Pine Meadow Major Subdivision Page 15 of 33
27. The transfer of water rights or the payment of cash in lieu (CIL) of water rights shall be
provided in accordance to BMC Section 38.23.180. The applicant shall contact Brian
Heaston with the City Engineering Department for a determination of CIL requirements.
28. Plans and Specifications for water and sewer main extensions, streets, and storm water
improvements, prepared and signed by a professional engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by the Montana Department of Environmental Quality. The applicant
shall also provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction shall not
be initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted.
29. The applicant shall obtain permitting from the City Stormwater Program Coordinator
associated with construction management of stormwater runoff. Permit requirements are
located on the City's web page (http://www.bozeman.net/Departments-(1)/Public-
Works/Stormwater/Forms-and-Permits). Required permitting shall be obtained prior to
construction and shall be demonstrated at the preconstruction conference.
30. The property is located within the following payback districts:
Meadow Creek Sewer(Zone 7), Parcel 107= $769.16
Far West Sewer Payback=$467.18/acre X 4.104 acres =$1,917.31
Durston Road Payback=$0.186164 per square foot of newly created lots X 178,770.96
square feet=$33,280.72
If these paybacks were not paid upon annexation,they must be paid prior to final plat
approval. The applicant shall contact Katherine Maines with the City Engineering
Department to determine if prior payment has been made.
31. Upon connection to the City water and sewer system, the existing on-site sewage treatment
system must be properly abandoned and certification provided that the abandonment
occurred. Upon disconnection of existing services, the applicant shall contact the Water and
Sewer Superintendent (John Alston) to inspect the disconnected services. Any wells
presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping. The applicant shall provide certification that there is no
physical connection between an on-site well and the domestic water piping upon connection
to the public water system.
32. If not already filed,the applicant shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts
(SID's) for the following prior to final plat approval:
1. Intersection improvements to Ferguson Avenue and West Babcock Street
2. Intersection improvements to Ferguson Avenue and Durston Road
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 16 of 33
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
33. The proposed development falls within a known area of high groundwater. No crawl
spaces or basements should be constructed such that sump pumps are required to pump
water from these spaces. Sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are also not allowed to be connected to the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and gutters
where they may create a safety hazard for pedestrians and vehicles. A note shall be
included on the plat indicating high groundwater conditions and that no sump pumps
will be allowed.
34. The subdivision bylaws must include language regarding homeowner's association
maintenance of the detention pond. A maintenance plan shall be submitted prior to final
plat approval and included in the bylaws document.
35. The street design for Valley Drive shall not contribute additional runoff to the properties
on the west side of the street beyond the historic conditions of runoff to the property
from the existing gravel road surface.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 4 -RECOMMENDA TION A" FUTURE ACTIONS
Project Name: Pine Meadow Major Subdivision preliminary plat
File: 16041
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on
February 17 and March 2, 2016; and as a result, found 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. On March 2, 2016 the DRC recommended conditional
approval of the preliminary plat application.
Recreation and Parks Advisory Board
The Recreation and Parks Advisory Board reviewed the proposed subdivision on February 11,
2016. The applicant requested consideration of a combination of land and improvements in- lieu
of parkland dedication to meet parkland requirements. The RPAB recommended the City
Commission approve the proposed park plan with dedicated land (16,360 sq/ft) adjacent to the
previously approved Valley Meadow subdivision park area and improvements in-lieu of
dedication of land. The RPAB comments and recommendations are attached to this report.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 17 of 33
Planning Board
The Planning Board conducted a public hearing on April 5, 2016 on the subdivision to make a
recommendation on the proposed subdivision. The Planning Board forwared a recommendation
to the City Commisiosn to approve the subdiviiosn(7:1).
City Commission
The City Commission held a public hearing on April 18, 2016 to consider the preliminary plat
and made a final decision.
SECTION 6-STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are 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.
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,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.
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, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 18 of 33
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant's request.
A preliminary plat application was submitted on January 26, 2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On
February 2, 2016 the application was deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on February 17 and March 2, 2016. The DRC and Staff determined
the submittal contained detailed, supporting information that is sufficient to allow for the review
of the proposed subdivision on February 17, 2016. Pursuant to Section 38.03.040.A.5.a(4),
BMC the city commission shall approve, conditionally approve or deny the subdivision
application by May 11, 2016, unless there is a written extension fiom the developer, not to
exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March
20, 2016. The site was posted with a public notice on March 16, 2016. 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 March 16, 2016. Public comment
has been received on this project and is attached to this report.
On March 30, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on April 5, 2016 and the City Commission is scheduled to make a final
decision at their April 18, 2016 public hearing. The final decision for a Major Subdivision
Preliminary Plat with fewer than 50 lots must be made within 60 working days of the date it was
deemed adequate; or in this case by May 11, 2016.
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. 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
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 19 of 33
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting the 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 area is zoned for residential development and is surrounded by residential
development. Therefore,this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and has begun to develop. Therefore,the proposed
subdivision will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer — Municipal water and sewer service will be provided by the construction of new
service lines within the street rights of way. Each lot will connect to the constructed water and
sewer mains designed to the appropriate design standard shall be located in the standard location
as approved by the water/sewer superintendent. The existing home will be required to abandon
the well and on site waste water system once City services are constructed.
Streets—Valley Drive will be improved with an asphalt surface and curb, gutter and sidewalk on
the east side of the street. Villard Street will be extended to Valley Drive providing alternate
access to the development. Following new water and service line installations to accommodate
the new lots/development, all street improvements will be constructed to acceptable City
standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities.
Bozeman's land development regulations place high value on an interconnected street system.
This subdivision executes that purpose and design.
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. Specific locations for storm water areas
are show on the face of the plat. Condition 23 requires maintenance provisions for the
stormwater treatment area to enable adequate public oversight of the facilities.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 20 of 33
Parklands — The Applicant proposes creation of 17 additional single household residential lots
on 3.435 acres of land which equates to 5.24 dwelling units per acre. The requirement to
dedicate parkland is enabled through Section 76-3-621(2), Mont. Code Ann. and implemented
pursuant to Section 38.27.020.A.1, BMC. There are both minimum and maximum dedication
requirements.
The parkland dedication for initial subdivision when net density is known at the time of
preliminary plat of 0.03 acre per dwelling unit of land shall be provided. The applicant proposed
a hybrid of parkland dedication of 0.3756 acres (16,360 square feet) and improvements in-lieu of
parkland to meet minimum parkland requirements to meet Section 38.27, BMC. The proposed
subdivision includes 17 additional single-households which equates to the equivalent of 0.51
acres of parkland.
In addition, the specific preference of the developer (Section 38.27.030.A.2, BMC) is to improve
the dedicated parkland above minimum standards to offset the requirements of Section
38.27.080, BMC. Minimum park development standards include leveling the ground, amending
the soil, planting and establishing ground cover, and installation of irrigation which includes a
water supply well.
Section 38.27.060, BMC details park frontage requirements. The City requires dedicated
parkland to have frontage along 100 percent of its perimeter on public or private streets or roads.
The city may consider and approve the installation of streets along less than 100 percent, but not
less than 50 percent, of the perimeter when:
1. Necessary due to topography,the presence of critical lands, or similar site constraints;
and
2. When direct pedestrian access is provided to the perimeters without street frontage; and
3. When additional land area is provided in the park to accommodate the off-street parking
which would have otherwise been provided by the additional length of perimeter streets
and the additional land is developed as a parking area; or
4. When additional land area is provided in the park to accommodate the off-street parking
which would have been provided by the additional length of perimeter streets and, in lieu
of the constructed parking area, an equivalent dollar value of non-parking improvements
within the park are provided according to the individual park plan.
The proposed park has 50 percent frontage. The subject property is geographically constrained
by the existing street layout. The proposed park adjoins the existing park area dedicated with the
Valley Meadows subdivision to the east. Together the public park area front public streets on
three sides.
In addition, as elaborated below under the preliminary plat supplement Street, Road, and Alleys
section, due to the linear configuration of the property park frontage greater than 50 percent
would create a non-functioning street network system and seriously compromise development of
the property. The City of Bozeman on-street parking design standards requires 24 linear feet of
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 21 of 33
curb per parking space. Excluding vision triangles and adding the park frontage factor 8
vehicular parking spaces are lost due to the 50% park frontage condition. The Recreation and
Parks Department estimates the value of each parking space at $1,166. Therefore, the required
area for six parking spaces is valued at$6,996.
Detailed Park Plan:
61 L12 a - -
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16041, Findings of Fact and Order for the Pine Meadow Major Stthdivision Page 22 of 33
_ EAD TO HEAD COVERAGE.
W.V I LLA R D ST. , TREES TO RECEIVE BUBBLER
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SPACED AT HEAD TO HEAD_ — 1 .+ ,'—'CT t�yy� SUPPLY POWER FOR
COVERAGE.TREES TO RECEIVE I 1 I ° WELL AND
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The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. When making this determination,
the review authority shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
The Recreation and Parks Advisory Board (RPAB) subdivision reviewed the proposal on
February 11, 2016. Based on site specific considerations the RPAB recommended the City
Commission adopt the proposed park plan with improvements-in-lieu. Park staff, RPAB, and
Planning staff find the proposed package of improvements consistent with the Park Recreation
Open Space and Trails plan, the letter and intent of Article 38.27, BMC, and the Montana
Subdivision and Platting Act. The RPAB provided the following comments on the proposal:
1. Given the small number of developable lots for this infill project, and given that the
proposed parkland is sited adjacent to the previously platted Valley Meadows Park, and
that the developer is proposing to provide additional improvements beyond the code
required minimum,we find the acreage provided acceptable.
2. The petitioner has proposed to provide a basketball court in addition to the required
standard park improvements. We feel this will provide a good compliment to the
proposed park improvements for the Valley Meadows Subdivision, but would like to see
at least one park bench provided. We also feel one park sign should be provided the park
properties, with a single name for them in aggregate. Director Overton indicated that if
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 23 of 33
the park sign is installed, the department would install the signage graphic. (Note: Given
that North Meadows Park is only a few blocks to the east and Valley Unit Park is a few
blocks to the east, a name that will not be confused with the other parks that is acceptable
to the City should be selected—cp.)
3. The Committee feels that the shortage of street frontage is not a serious detriment to the
proposed park given the context and that we have been more flexible with other infill
projects in the past.
PARK VALUE CALCULATION FOR PINE MEADOW SUBDIVISION
Net developable area 3.917 AC 170625 SF
Total residential units proposed 18 units
Park dedication acreage requirement(17 x.03) 0.51 22216 SF
Park dedication provided 0.375 16335 SF
Difference -park land not provided 0.135 5881 SF
Min. value of park land not provided: .135 acre @$45,000/
acre $6,075
Cost of 6 parking spaces not provided @$1166/space $6,996
TOTAL VALUE OF PARK NOT PROVIDED $13,071
DEVELOPER PROPOSAL FOR ADDITIONAL PARK IMPROVEMENTS
Basketball court $22,000
NET DIFFERENCE $8,929
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 will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval. Infill development with municipal services has fewer impacts on the natural
environment than development on urban fringes or in rural areas.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development has been used for residential
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 24 of 33
purposes. Although there are incidental small animals residing on this and adjacent property,
infill development within the City limits will occur.
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 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. The Department
of Community Development has reviewed this application against the listed criteria and provides
the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on December 23, 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 the property. The DRC granted a
partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for:
1) Surface Water, 8)Agriculture,
2)Floodplains, 9) Agricultural Water User Facilities,
5)Vegetation, and
6) Wildlife, 17)Neighborhood center plan.
7)Historical Features,
Waivers to the supplemental information for the following were not granted:
3) Groundwater, and 14)Educational Facilities,
4) Geology-soils-slopes, 15) Land use,
10)Water and Sewer, 16)Parks and recreational facilities,
11) Stormwater management, 18)Lighting plan,
12) Streets,roads and alleys, 19)Miscellaneous, and
13)Utilities, 20)Affordable Housing,
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 25 of 33
38.41.060.A.2 Floodplains
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
38.41.060.A.3 Groundwater
Groundwater tends to be moderately high in the area. Ground Water Information Center well
logs indicate static water levels range from six to eight feet below ground surface. City sanitary
sewer and water are proposed for the development. Surface runoff will be controlled by
channeling flows into a retention basin designed to filter sediments and oil, which will reduce the
potential for contamination.
Mitigation for potential high groundwater includes home construction limitations in the
covenants and connection to central sewer and water connection to the City of Bozeman (see
Condition 34.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. There are no known geologic hazards associated
with the site. The property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. 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 insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. The subject
properly is designated as a residential area according to the City of Bozeman Community Plan.
The area is zoned for residential development has been used for residential purposes. Although
there are incidental small animals residing on this and adjacent property infill development
within the City limits will occur.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. There are no
known cultural resources or historical structures existing on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 26 of 33
Supplemental information waived by the DRC. There are no agricultural water user facilities on
or adjacent to the subject property.
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. Water for domestic use and fire protection will be provided by connections to the
City of Bozeman water system. The proposed water mains will connect to existing water mains
in Durston Road, Villard Street, and Meriwether Avenue. Water rights or cash-in-lieu thereof
will be transferred with final plat.
Sanitary sewer service will be provided through connection to the City of Bozeman's existing
sanitary sewer collection system. The proposed sewer collection system will connect to existing
pipe located under Meriwether Avenue and connect the existing system within the Durston Road
right of way.
Additional water and sewer lines will be constructed to serve each individual lot. The City
Engineering Department has reviewed the plans. City Engineering conditioned the subdivision
that all water and sewer service lines shall be located in the standard location as approved by the
water/sewer superintendent.
38.41.060.A.11 Stormwater Management
Storm water facilities will be located within Common Open Space located in the north end of the
subject property. Stormwater facilities will be sized appropriately to meet minimum capacity
standards. The location will be identified as "common areas" on the final plat that are owned
and maintained by the homeowner's association. All storm water facility outlet structures will
be properly landscaped and a minimum distance of not less than ten (10) feet from any
watercourse high water mark will be required. Placement and design of the facilities will be
approved by both the City Engineer's Office and Planning Office.
38.41.060.A.12 Streets,Roads and Alleys
Primary access will be provided by Durston Road, which is defined as minor arterial according
to the Greater Bozeman Area Transportation Plan, 2007 Update. This section of Durston Road
has been constructed to a minor arterial standard. Secondary access will be provided by an
extension of Villard Street from the east which is being constructed by the Valley Meadows
development.
Durston Road's current classification requires 100 feet of right of way (or 50 feet on each side of
center line). In previous transportation plans minor arterials only required 90 feet of dedicated
right of way (or 45 feet on each side of center line). During the Pre-App phase of the subdivision
the applicant requested that the subdivision only dedicate 45 feet in order to match the dedication
of the surrounding development. The City Engineer reviewed this request, and per BMC section
38.34.010.D allowed 45 feet of dedicated right of way for Durston Road
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 27 of 33
Valley Drive is currently constructed to an unknown County gravel standard. Pine Meadows is
required to improve Valley Drive adjacent to their property boundary. These improvements
include a 31 foot wide asphalt surface with side walk, curb and gutter on the east side of the
street. No additional road improvements will be completed on the west side of the street.
Additionally, no improvements will take place outside the existing road right-of-way. All
improvements will be constructed in one phase prior to final plat approval. To mitigate impacts
caused by the development on adjacent properties the City is requiring that the street section not
increase runoff to the County properties. See Condition No. 36.
Section 38.23.040.B, BMC states that "Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can
be longer than 400 feet if necessary due to topography, the presence of critical lands, access
control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet
in length." Measuring from north to south, block lengths are 636 and 582 feet respectively.
Considering the site boundaries, layout of adjacent subdivisions, and existing infrastructure, it is
impractical to provide block length less than 400 feet. The east/west transportation network is
established with Durston Road to the north, West Villard Street bisecting the property, and West
Babcock Street further to the south. Due to the incremental annexation of the area and historical
development of the neighborhood the criteria set forth under Section 38.23.040.B, are met to
allow block length to exceed 400 feet.
As part of the street infrastructure lighting must be installed. The physical installation of the
lights is done by the developer. A special improvement lighting district is formed to provide for
the maintenance and operation of the lights over time. Condition 15 requires the use of LED
lighting fixtures. This does not modify the pole heights or similar physical performance features.
LED street light fixtures have been tested by the City and found to have better performance with
lower power consumption and less frequent failures and required maintenance than the standard
lights. Therefore, as the residents of the subdivision will be responsible for paying for the
ongoing expenses of the lighting, it is appropriate for the City to ensure that the most efficient
and best performing lighting is installed to reduce ongoing costs and ensure that the level of
service is maintained.
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 public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
However, in the event front and/or rear yard utility easements are used, side yard easements must
still be provided on the plat unless written confirmation is submitted to the Planning Office from
all utility companies and Director of Public Works indicating that front and rear yard 10-foot
wide easements are adequate to service said subdivision lots.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 28 of 33
38.41.060.A.14 Educational Facilities
The Valley Meadows subdivision is within the Bozeman School District. A written request for
comment was sent to the Bozeman school District. No response was provided.
38.41.060.A.15 Land Use
The 18 proposed lots comply with the existing zoning designation of R-1. All lots are proposed
as single household residential lots. Open Space is provided at the northern edge of the site
around the stormwater retention pond, which is provided for drainage from the public street right
of ways. Pine Meadow is a low density infill development converting vacant land with one
existing single household on 4.104 acres into 18 residential lots.
38.41.060.A.16 Parks and Recreation Facilities
The Applicant proposed a hybrid of parkland dedication and improvements in-lieu of parkland
dedication for the development. Pursuant to Section 38.27.020, BMC 0.03 acres per dwelling
unit shall be required. The subdivision consists of 17 additional lots which require 0.51 acres of
parkland dedication. Comments from the Recreation and Parks Advisory Board (RPAB) based
on the pre-application review suggested numerous revisions to the proposed park plan. The
applicant revised their parkland proposal with the preliminary plat application. The RPAB
supports the hybrid approach of meeting the required parkland dedication including dedicated
parkland and improvement-in-lieu of parkland on February 11, 2016. The PRAB report is
attached to this report.
A full analysis and discussion can be found under the Local Services primary criteria evaluation
above.
The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. When making this determination,
the review authority shall consider the following:
3. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape,location or other circumstances; and
4. The expressed preference of the developer.
Also see primary review criteria for parklands discussion above for additional discussion.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC during the pre-application process. A
neighborhood center is not required for this development. Pursuant to Section 38.23.020.A,
BMC, only residential developments that are ten net acres in size or greater, shall have a
neighborhood center. The proposed park would meet many of the performance standards for a
neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan
will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 29 of 33
and installation of lights (Condition 11). The plan shall include a pole light detail with spacing
based on high pedestrian conflict, a local street pole light at one per local street intersection, and
a bollard light detail for placement at pathway/street intersections. All street lights installed shall
use LED light heads lights, including bollard light, and shall conform to the City's requirement
for cut-off shields.
38.41.060.A.19 Miscellaneous
Supplemental information 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 waived by the DRC. The Workforce Housing Ordinance (Ordinance
1710) had been suspended by the City Commission. Subsequently, the City has adopted an
inclusionary housing ordinance. This project does not count towards the City's affordable
housing goals.
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 major subdivision for
the subdivision of approximately 4.104 acres into 18 single-household residential lots, one
(1) open space lot, one (1)Park, and with the remaining area as street right of ways.
B. The purposes of the preliminary plat review were 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. It 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 that 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 her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 3 8,BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 30 of 33
Section 3 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.
E. 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.
DATED this +w day of , 2016.
BOZEMAN CITY COMMISSION
C,,,,--- '�> 4�'k
CARSON TAYLOR
Mayor
ATTEST: '`p�,B OZ
City Clerk DTI , CO �ti°
APPROVED AS TO FORM:
GIUG SULLIVAN
City Attorney
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 31 of 33
APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1 (Residential Single Household District).
The intent of the R-1 residential single-household low density district is to provide for primarily
single-household residential development and related uses within the city at urban densities, and
to provide for such community facilities and services as will serve the area's residents while
respecting the residential character and quality of the area.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-1 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 development proposes creating 18 single household lots on 3.435 net acres or a net
density of 5.24 units per acres. The elimination of one lot would result in a density below the
minimum requirement.
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 DESCRIP TION AND BACKGROUND
Project Description
A preliminary plat for a major subdivision to create 18 single household residential lots, one (1)
common open space lot, and one (1) park with the extension of West Villard Street and
improvements to Valley Drive on 4.104 acres.
The property owner and applicant JJVM Properties, LLC, PO Box 1441, Belgrade, MT 59714
and represented by TD&H Engineering, 234 East Babcock, Suite 3, Bozeman, MT 59718
16041, Findings of Fact and Order for the Pine Meadofv Major Subdivision Page 32 of 33
submitted application to subdivide an existing parcel to create 18 single-household residential
lots with park, open space, and right-of-ways. Parkland will be provided by parkland dedication
and improvements in-lieu of parkland dedication.
Project Background
The subject properties were annexed into the City of Bozeman (Resolution No. 4501) as the Pine
Meadows Annexation Agreement(Document No. 2440460) dated February 12, 2013.
A pre-application was submitted on December 2, 2015. Based on comments received from the
Development Review Committee and the Recreation and Parks Advisory Board, and Planning
the Applicant made appropriate modification to the proposed subdivision and submitted a
Preliminary Plat Application on January 26, 2016.
APPENDIX C—NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on December 2, 2015. The pre-application was
reviewed by the DRC on December 16 and 23, 2015 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application and granted
numerous supplemental information waivers under 3 8.41.060,BMC.
A preliminary plat application was submitted on January 26, 2016. The application was not
acceptable for initial review. After the receipt of additional information required by Title 38 of
the Bozeman Municipal Code (BMC) on February 5, 2016 the application was deemed
acceptable for initial review on February 5, 2016. The preliminary plat was reviewed by the
DRC on February 17 and March 2, 2016. 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 2, 2016. Both the RPAB and the DRC provided favorable
recommendation was forwarded for consideration by the City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, March
20, 2016. The site was posted with a public notice on March 16, 2016. 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 March 16, 2016.
On March 30, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on April 5, 2016 at 7:00 pm. On April 18, 2016 at 6:00 pm the City
Commission will hold a public hearing and make the final decision the application. 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 May 25, 2016.
16041, Findings of Fact and Order for the Pine Meadow Major Subdivision Page 33 of 33
APPENDIX D- OWNER INFORMA TION AND REVIEWING STAFF
Owner: JJVM Properties, LLC, PO Box 1441, Belgrade, MT 59714
Applicant: JJVM Properties, LLC, PO Box 1441, Belgrade, MT 59714
Representative: TD&H Engineering, 234 East Babcock, Suite 3, Bozeman, MT 59718
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.