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17266, Staff Report for the Flanders Mill Phase 7 Modification Subdivision
Public Hearing Date: Planning Board meeting is on July 18, 2017.
City Commission hearing is on August 7, 2017.
Project Description: A preliminary plat for a major subdivision to modify an existing
preliminary plat. The purpose of the modification is to subdivide 25.27 acres into 26
residential lots, a park and two open space lots and to amend a condition of approval.
Project Location: The property is located east of Flanders Mill Road and north of the alignment
of Oak Street and is legally described as a portion of Lot 1R-3, Flanders Mill Subdivision
phase 3, located in the E ½ of the W ½ of Section 3, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana
Recommendation: Approval with conditions
Recommended Planning Board 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 17266 and move to recommend approval of
the preliminary plat with conditions and subject to all applicable code provisions.
Recommended City Commission 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 17266 and move to approve the preliminary
plat with conditions and subject to all applicable code provisions.
Report Date: July 12, 2017
Staff Contact: Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
A revision to an existing subdivision(P14024) to remove a condition and aggregate approved
lots. The initial subdivision was approved in 2014. This revision is to the seventh phase of the
subdivision. No changes are proposed to the other six phases or the approved parks. The revised
plat aggregates 18 lots into a single lot shown as Block 25.
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Alternatives
Approve as submitted.
Approved with conditions as recommended by staff.
Make alternative findings and recommend alternate conditions.
Make alternative findings and deny the subdivision.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS .................................................. 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 8
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 8
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................... 9
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 9
Primary Subdivision Review Criteria, Section 76-3-608 (omit for minor subdivisions) . 10
Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ..................................... 14
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .................... 15
APPENDIX D - NOTICING AND PUBLIC COMMENT .......................................................... 15
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 16
FISCAL EFFECTS ....................................................................................................................... 16
ATTACHMENTS ......................................................................................................................... 16
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SECTION 1 - MAP SERIES
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Original Plat Layout
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New plat with phase boundaries
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SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS
No variances are requested with this application. Several variances were granted with the
original application. The proposed revisions with this plat do not affect conditions related to the
variances.
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 this project.
Recommended Conditions of Approval:
1. The conditions contained in the findings of fact dated September 8, 2014 for the Flanders
Mill subdivision (P14024) remain in effect unless explicitly changed with this application.
2. 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 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. 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.
4. 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.
5. Deeds and realty transfer certificates must be provided for transfer of any platted tract
to the City or other entity in association with filing of the final plat.
6. The location of mailboxes must be coordinated with the City Engineering Department
prior to their installation.
7. 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
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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.
8. 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.
9. An east to west pedestrian/vehicle connection approximately midway north to south on
block 25 and connecting with Ryun Sun Way and a second access onto Window Drive will
be required with site design to meet block length standards.
10. Condition 49 contained in the findings of fact dated September 8, 2014 for the Flanders
Mill subdivision (P14024) is revised to read:
A note on the Conditions and Notes sheet of the plat shall state:
“Water rights for Lots 1 and 2 of Block 25 in phase 7 have been deferred. not adequately
addressed cash in lieu of water rights. Cash in lieu of water rights or the equivalent water
rights must be transferred to City of Bozeman prior to or at the time of final site plan
approval.”
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on June 21, 2017. The
DRC did not identify any infrastructure or regulatory constraints that would impede the approval
of the application.
The Planning Board will conduct a public hearing on the related subdivision and make a
recommendation to the City Commission. The hearing will be held at 121 N. Rouse Avenue,
Bozeman. The meeting will begin at 6 p.m. Hearing date for the Planning Board is July 18, 2017.
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The City Commission will hold a public hearing on the subdivision on August 7, 2017. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
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 required plat has been provided. The provided plat appears to conform to all
requirements. A final plat will be provided for review prior to approval of the final project.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The application complies with all required submittal materials, has been reviewed and deemed
adequate for review and is now prepared for public hearing. Two public hearings will be held as
described on the title page. Conditions 1-4 in Section 3 will ensure completion of all remaining
steps if the plat is approved.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The required application and submittal materials were provided. The required public notice
was issued. Public hearings will be held before the planning board and city commission as
required by state law. Upon action by the city commission a formal findings of fact will be
prepared.
4) Compliance with Chapter 38, BMC and other relevant regulations
Section 38.23.040 sets standards for block length and width and rights of way for pedestrians are
required when those block standards exceed certain minimums. Blocks 24 and 25 exceed the
block length normally allowed. To the east and west are a watercourse and wetlands which limit
the ability to connect east to west as would normally be required.
The property of Block 25 is zoned primarily R-4. The remaining area is zoned R-3 but a zone
map amendment has been submitted to change the remaining area to R-4. The proposed change
in lot configuration is allowed under either district.
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38.24.010 requires a second access to development and limits cul-de-sacs. Overall Phase 7 has
access from Harvest Parkway and Oak Street. Block 25 will require additional internal
circulation at time of development. Condition 9 addresses the balance of issues between access
spacing, pedestrian access, secondary access with the present uncertainty of final design for
Block 25. The condition requires with future development that a pedestrian and vehicular
connection be provided to meet the intent and purposes of the two sections.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
Standard front yard easements are provided for utilities. The future development of Block 25 will
likely require internal extensions of water and sewer mains. Review of those extensions will
occur during site development.
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
The revised plat has frontage which provides legal and physical access from Harvest Parkway,
Broken Spur Drive, and Windrow Drive. Harvest Parkway is part of phase six. Access to the
property overall is provided by Oak Street and Flanders Mill Road.
Primary Subdivision Review Criteria, Section 76-3-608 (omit for minor subdivisions)
1) Effect on agriculture
None, the property has previously been approved for urban density residential use.
2) Effect on agricultural water user facilities
No water user facilities are located within phase 7. The removal of condition 19 will allow a
continuation of existing water discharge to a stormwater and irrigation facility. The ditch
discharges to Baxter Creek further north. Phase 7 has historically drained to the same facility. No
material change to the ditch is expected.
3) Effect on local services
Water/Sewer - Municipal water and sewer capacity exists and was evaluated during the original
subdivision. The revised plat will require extension of future water and sewer mains within
easements with site development of Block 25. Block 24 will be serviced from Windrow Drive.
Streets - The changed plat will not change location or size of arterial or collector streets. All
required intersections are presently being upgraded. The revised plat will remove a segment of
Ryun Sun Way. Condition 9 provides for required future street connectivity through Block 25.
Police/Fire - The area is within the City’s emergency services area. No change in demand is
expected from this subdivision compared to the previously approved design.
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Parklands – This issue was addressed with the original plat. No changes to park locations or size
are proposed. When Block 25 is developed, a second evaluation for park needs will be
conducted. If required, additional park mitigation will be provided.
4) Effect on the natural environment
No negative effects have been identified. The proposed removal of Condition 19 with facilitate
compliance with the approved 404 permit for wetland modification to open space U depicted on
the plat. The wetland will provide some habitat for small animals and fowls.
5) Effect on wildlife and wildlife habitat
No negative effects have been identified. The proposed removal of Condition 19 with facilitate
compliance with the approved 404 permit for wetland modification to open space U depicted on
the plat. The wetland will provide some habitat for small animals and fowls.
6) Effect on public health and safety
No negative effects on public health and safety have been identified.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC prior to the original
preliminary plat on January 8, 2014. 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 following summary comments on the
supplemental information required with Article 38.41, BMC are primarily a repeat from the
original. Updates are clearly identified.
38.41.060.A.1 Surface Water
As described above, the proposed subdivision modifies two surface water elements. These are
the unnamed tributary to Baxter Creek and the irrigation facilities along Baxter Lane and
Flanders Mill Road. The existing and proposed locations have been identified and incorporated
within the subdivision design. Any piping of surface water will be sized as necessary to carry
flood flows.
Update: The removal of Condition 19 will allow water to cross from the site to the drainage ditch
west of Flanders Mill Road through a culvert. During initial review of the plat it was expected
that the amount of flow from Open Space U (along the west side of phase 7) could be adequately
managed on-site. Further investigation during the 404 permitting process for wetland
modification it has been determined that the open space is not adequate to contain the water and
overflow is needed. The ditch is the historic discharge from the site. The crossing point under the
road will be slightly modified and a new, adequately sized culvert, will be installed to carry the
flows. Culvert sizing will occur during plan and specification review for the road plans.
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38.41.060.A.2 Floodplains
No floodplains have been mapped. The required and depicted setback from the unnamed
tributary will provide adequate area to carry any floodwaters.
38.41.060.A.3 Groundwater
It is known that there is high ground water underneath the site. Some of the on-site wetlands are
fed by the groundwater which is recharged by adjacent irrigation facilities. It is expected that the
piping of the irrigation return flow ditch along Flanders Mill may slightly lower the groundwater
levels. Even so, they are expected to remain high. Condition 31of the original approval requires
that an advisory note be included on the Conditions and Notes sheet of the final plat so that
purchasers are made aware of this limitation. Due to the high ground water a soils report will be
required with building permits to ensure that foundations are adequate to support the proposed
structure.
38.41.060.A.4 Geology, Soils and Slopes
The site is mildly sloping to the north. The soils are of mixed character given the size of the site.
The proposed realignment of the unnamed tributary to Baxter Creek is placed such that the new
location aligns with the existing hydric soils. This should aid in establishment of the proposed
wetland enhancements. No unusual topographic features exist and no unusually cuts or fills are
proposed. All of the Bozeman area is in an active earthquake zone and building codes are
implemented accordingly which lessens the related risks.
38.41.060.A.5 Vegetation
Addressed under the primary review criteria.
38.41.060.A.6 Wildlife
Addressed under the primary review criteria.
38.41.060.A.7 Historical Features
There are no known historical features on the site.
38.41.060.A.8 Agriculture
Addressed under the primary review criteria.
38.41.060.A.9 Agricultural Water User Facilities
Addressed under the primary review criteria.
38.41.060.A.10 Water and Sewer
Addressed under the primary review criteria.
38.41.060.A.11 Stormwater Management
A stormwater control plan was included with the application. A formal SWIPP will be required
by the state due to the size of the disturbance. This will be coordinated with the relocation of the
watercourse and the permitting necessary for that work. Stormwater ponds are depicted with the
correct sizes and locations. A final plat and details will be reviewed and approved with the plans
and specifications for the infrastructure.
38.41.060.A.12 Streets, Roads and Alleys
Addressed under the primary review criteria.
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38.41.060.A.13 Utilities
The site includes an existing electrical substation. The subdivision creates an independent lot for
this facility. No changes to the substation are proposed as part of this subdivision. A large high
voltage power line connects to this substation. The power line generally follows the alignment of
Oak Street which has a slightly wider right of way to accommodate the large power poles. A
second above ground facility of lesser size parallels Flanders Mill Road. The applicant is
working with Northwestern Energy to relocate some poles which would conflict with street
intersections.
Water and sewer extensions will be placed within future dedicated public streets. The lots depict
easements for placement of Essential Services Type I to service each lot. The easements will be
granted with the Certificate of Dedication on each final plat.
38.41.060.A.14 Educational Facilities
The Bozeman School District’s review comments indicate they can accommodate the additional
students expected from this development. The site is adjacent to the Meadowlark Elementary
School and the purchased site for the second high school The site is within .75 miles of the Chief
Joseph Middle School. Pedestrian facilities connecting to the schools will be installed with
development of the subdivision.
Update: The school district has purchased a site for a second high school immediately to the SW
of the intersection of Oak Street and Flanders Mill Road. The extension to Oak Street will
facilitate travel to the school. The pedestrian trails in the development and sidewalks will provide
a convenient link for walking and biking.
38.41.060.A.15 Land Use
The proposal is to develop residences, open spaces and parks consistent with the approved
zoning. The application as proposed meets the required residential density of Section 38.08.080.
The existing substation is properly located within the Public Lands and Institutions zoning
district.
38.41.060.A.16 Parks and Recreation Facilities
See discussion above under Local Services.
38.41.060.A.17 Neighborhood Center Plan
The two dedicated interior parks One and Two satisfy the requirements for neighborhood
centers.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required as part of minimum improvements. Conditions 26-29
address the issue. See Appendix H of the application for the lighting plan. See discussion under
the primary review criteria.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article
10.08, BMC, has been suspended by the City Commission.
Update: The affordable housing regulations have been revised and are now incorporated as
article 38.43, BMC. This application was deemed to be acceptable for review prior to the
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effective date of the new regulations and is not required to provide affordable housing with this
plat. Future development of Block 25 may individually trigger affordable housing inclusion
depending on how it is developed.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The project site is designated as R-3, R-4 and PLI zones. The intent of each of these zones is
established in Chapter 38, Unified Development Code, BMC and is excerpted below. An
application is pending to rezone portions of the property from R-3 to R-4. The proposed
subdivision complies with either zoning district at this time.
From Section 38.08.010, BMC
A. The intent and purpose of the residential zoning districts is to establish areas within the
city that are primarily residential in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one residential district is to
provide opportunities for a variety of housing types and arrangements within the community
while providing a basic level of predictability. There is a rebuttable presumption that the uses set
forth for each district will be compatible with each other when the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts. All development is subject to section 38.01.050.
Residential density is correlated with many community goals and objectives that are contained in
the city's adopted growth policy, as well as many standards and purposes of this chapter. Section
38.08.090 sets standards for minimum densities in residential districts which will advance these
goals, objectives, and purposes.
4. 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.
5. The intent of the R-4 residential high density district is to provide for high-density
residential development through a variety of housing types within the city with associated
service functions. This will provide for a variety of compatible housing types to serve the
varying needs of the community's residents. Although some office use is permitted, it shall
remain as a secondary use to residential development. Secondary status shall be as measured by
percentage of total building area.
Section 38.13.010. Intent.
The intent of the PLI public lands and institutions district is to provide for major public and
quasi-public uses outside of other districts. Not all public and quasi-public uses need to be
classified PLI. Some may fit within another district; however larger areas will be designated PLI.
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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 original subdivision was of 136.75 acres into 295 lots. One PLI lot for
an existing electrical substation, 2 multi-household lots, and 292 single household lots including
16 lots for accessory dwelling units. The property is bounded by Baxter Lane on the north,
Flanders Mill Road on the west, and Ferguson Avenue/Gallatin County Regional Park on the
east. The application included a mix of single detached, single attached, and multi-household
development with a majority being for single detached style development.
The application to revise the plat will consolidate 18 lots into a single larger lot which will make
up all of Block 25. Phase 7 includes this enlarged lot as well as townhome and detached home
lots.
Project Background: The northern portion of the property was annexed and given municipal
zoning in the fall of 2013. There area south of Oak Street extended was annexed and given
preliminary plat approval as a portion of the Diamond Estates 2 and 3 projects in the mid 2000’s.
Those subdivision approvals expired. No entitlements from the prior development remain.
A preliminary plat for the entire subdivision was approved. The findings of fact were signed on
September 8, 2014. Three phases of the subdivision have been completed and final plats have
been filed. A fourth phase is presently being constructed.
APPENDIX D - NOTICING AND PUBLIC COMMENT
Notice was provided by posting a notice onsite, mailing by certified and first class mail to
persons within 200 feet of the site, and publication of a notice in the legal advertisements in the
Bozeman Daily Chronicle. Notice was provided at least 15 and not more than 45 days prior to
any public hearing. No public comments have been received as of the writing of this report.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner and Applicant: Flanders Mill LLC, 235 Green Hills Ranch Road, Bozeman MT 59718
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT
59718
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this proposed preliminary plat.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials