HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - C2. Approval of West Winds SW Subdivision Preliminary Plat
Commission Memorandum
REPORT TO: Mayor & City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Approval of the West Winds SW Subdivision Preliminary Plat Findings of Fact and
Order, Application 17583
MEETING DATE: June 18, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the West Winds SW Subdivision Preliminary Plat Application 17583. BACKGROUND: On May 21, 2018, the City Commission reviewed the application for preliminary plat
approval for the West Winds SW Major Subdivision. The Commission voted unanimously 3:0 to approve
the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria.
State law provides that the governing body shall “provide a written statement to the applicant detailing the
circumstances of the condition imposition.” The statement must include: 1) the reason for the condition
imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property. Impact fees will be collected at the time of issuance of building permits for individual lots
along with City sewer and water connection fees. Attachments: Findings of Fact and Order
Report compiled on: June 6, 2018
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17583, Findings of Fact for the West Winds SW Subdivision
Date: Planning Board, Tuesday April 17, 2018 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana
City Commission, Monday May 21, 2018 at 6:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana (continued from February 12, 2018)
Project Description: A Preliminary Plat application for a major subdivision to create 72
residential lots, 1 open space lot and the associated right-of-way. The subdivision is
associated with an existing and amended Preliminary Planned Unit Development (PUD)
application requesting three additional relaxations regarding street standards.
Project Location: The property is legally described as Lots 1 & 2 of Block 1 and Lot 1 of Block
4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds
Subdivision Ph. 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Subdivision
Ph. 5, NW4 of Sec. 2, T2S, R5E,P.M. and is addressed as 3270 Breeze Lane, and 1345
and 1553 Windward Avenue.
Action: Approval with conditions
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 17583 and move to approval the subdivision with conditions
and subject to all applicable code provisions.
Commission Recommended 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 17583 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Findings Date: June 18, 2018
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on December 20, 2017, requesting a major subdivision on three tracts of record
totaling 10.98-acres. As part of the associated PUD, an alternate alley standard is proposed to
provide access and required frontage to several sections of lots. The property will be divided into
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72 lots for residential use. There is a blend of detached home, townhome, and attached two
dwelling lots. The mix of uses is desirable.
Parkland for the subdivision was provided in part with earlier phases of West Winds. Additional
parkland to complete the required dedication is proposed to be met with improvements to the
existing dedicated park.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
TABLE OF CONTENTS ................................................................................................................ 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES, INCENTIVES AND RELAXATIONS ................. 5
SECTION 3 - CONDITIONS OF APPROVAL ............................................................................. 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATIONS AND ACTIONS ........................................................... 13
SECTION 6 - ANALYSIS AND FINDINGS .............................................................................. 13
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 18
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 21
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 22
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 24
FISCAL EFFECTS ....................................................................................................................... 24
ATTACHMENTS ......................................................................................................................... 24
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17583, Findings of Fact for the West Winds SW Subdivision Preliminary Plat
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SECTION 1 - MAP SERIES
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Growth Policy Vicinity Map
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Project Boundary and Zoning Map
Excerpt from Preliminary Plat
SECTION 2 – REQUESTED VARIANCES, INCENTIVES AND
RELAXATIONS
There are no variances requested with this subdivision application. Three relaxations are
requested as part of the associated PUD. These are all connected to the alternate alley standard.
Summary List of PUD Relaxations:
Code Section Summary of Section
1. Section 38.24.050 To provide a right of way width of 45 feet for three named alleys
in a non-standard cross section.
2. Section 38.24.080 To provide sidewalks on only one side of three alleys.
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3. Section 38.24.090.B To provide non-standard lot frontage and drive access to lots
adjacent to three alleys with non-standard cross sections.
No action by the Planning Board is required on the requested relaxations.
SECTION 3 - CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Additional conditions
may apply to the planned unit development being processed concurrently.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1)
PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
2. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. The final plat and all associated improvements must be completed consistent
with the application as submitted except where required to be changed by the
City of Bozeman.
4. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer
to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
5. The affordable housing plan obligating the subdivider to meet the requirements of Article
43 of the Unified Development Code must be approved by the Director of Community
Development prior to final plat approval and recorded with the Gallatin County Clerk and
Recorder’s Office. If the affordable housing plan is not approved, the final plat cannot be
approved.
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6. The affordable housing plan and document number must be referenced on the final plat
conditions of approval sheet.
7. The Planned Unit Development Final Plan shall be completed and approved by the City of
Bozeman before the approval of the final plat.
8. A notice prepared by the City shall be filed concurrently with the final plat so that it
will appear on title reports. It shall read substantially as follows: Lots within the West
Winds SW Subdivision are subject to specific design standards, unique building
setbacks from property lines, and additional covenants to manage impacts to the
adjacent wetlands. These standards may be found in [insert correct reference to design
standard location]. Lot owners are advised that these are specific to the West Winds
Subdivision and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the
approval documents the general standards of the City apply. Modification of the
special standards would require an amendment to the West Winds Planned Unit
Development. Modifications are strongly discouraged. It is the obligation of the lot
owner to be fully informed as to these standards before beginning any home or site
design process. Approval by the design review entity established in the covenants of
the development does not bind the City of Bozeman to approve a construction plan.
9. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the owner of the property being subdivided shall transfer ownership to the
property owner’s association of any open space proposed to be conveyed to the property
owner’s association and all its right, title, and interest in any improvements made to such
parkland or open space.
For the transfer of real property, the owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney and
associated realty transfer certificate transferring fee simple ownership to the property
owner’s association and associated realty transfer certificate. The owner of the property
must record the deed or instrument at the time of recording of the final plat. For personal
property installed upon open space owned by the property owner’s association, the owner
shall provide an instrument acceptable to the City Attorney transferring all its rights, title
and interest in such improvements including all applicable warranties to such
improvements.
10. A public access easement for the common open space must be provided as a separate
document describing the scope of the grant of easement and naming a custodian of the
public’s interest in the easement.
11. The final plat shall contain the following notation on the conditions of approval sheet:
“Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands shall be that of the
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property owners’ association. Maintenance responsibility shall include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter
development streets, i.e. Davis Lane and Oak Street, and as adjacent to public parks or
other common open space areas. All areas within the subdivision that are designated herein
as common open space including trails are for the use and enjoyment by residents of the
development and the general public. The property owners’ association shall be responsible
for levying annual assessments to provide for the maintenance, repair, and upkeep of all
common open space areas and trails.”
12. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet. Any unmet obligation shall be
satisfied as a cash-in-lieu of park payment.
13. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
14. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat application will not
be deemed complete until the resolution to create the SILD has been approved by the City
Commission.
16. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two-year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
17. The applicant must include the snow storage plan in the Homeowner’s Association
documents and demonstrate the inclusion prior to final plat approval.
18. The applicant must pay the Far West Sewer Payback for the property prior to final plat
approval. The applicant must submit payment at the City Engineering Division.
19. If not already filed for the subject site, 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:
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a. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and
storm drainage
c. Intersection improvements to Davis Lane and Oak Street
d. Intersection improvements to Baxter Lane and Davis Lane
e. Intersection improvements to N. 27th Avenue and Oak Street
f. Intersection improvements to Oak Street and Ferguson Avenue
The document filed must 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 square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
20. The applicant must submit 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, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana Department
of Environmental Quality. The applicant must 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.
21. All irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City with the final plat
submittal. Ownership of any well and associated water right within common open space
owned by the property owner’s association shall be transferred to the property owner’s
association in conjunction with the final plat. All wells shall include a meter or other device
to determine consumption.
22. The applicant must revise the Conditions and Notes sheet of the final plat shall contain the
following language that is readily visible with lettering, at a minimum size of 12 point type,
placing future landowners of individual lots on notice. The applicant must also adjust the
wording on the draft plat regarding City Policy by removing the wording, “…unless capacity
is designed into the drainage system to accept the pumped water…” Capacity has not been
designed into the drainage system to accept groundwater from sump pumps.
23. Building finished floor grades must be at a higher finished grade calculated by a minimum
of 2% slope above the adjacent curb and gutter to allow drainage and avoid placement of
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spoil materials onto adjacent lots as homes are constructed. Lots may not be constructed at
significantly higher grades than the adjacent lots, which subsequently creates a drainage
issue from one lot to another.
24. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
25. The final plat shall 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 parcel 1. 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 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 OR STATE NONE).
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: _____________________________
26. A cost-sharing agreement for park maintenance shall be included with the final plat.
27. The Planned Unit Development Final Plan shall be completed and approved by the City of
Bozeman before the approval of the final plat.
28. The applicant must add a note to the Conditions sheet of the plat to the effect City standard
sidewalks (including a concrete sidewalk section through all private drive approaches) shall
be constructed on all public and private street frontages prior to occupancy of any structure
on individual lots. Upon a third anniversary of the plat recordation of any phase of the
subdivision, any lot owner who has not constructed the required sidewalk shall, without
further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether
other improvements have been made on upon the lot.
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29. Maintenance of Zephyr Way, Bora Way, and Mistral Way is the responsibility of the
property owners association. This maintenance obligation shall be included in the
Certificate of Dedication.
30. The Conditions and Notes sheet of the final plat shall contain the following language that is
readily visible with lettering, at a minimum size of 12 point type, placing future landowners
of individual lots on notice of the presence of high groundwater in the area of the
subdivision:
"Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or other structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of
Montana and qualified in the certification of residential and commercial construction."
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
A. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector
streets and intersections with arterial and collector streets shall operate at a minimum
level of service "C" unless specifically exempted by this subsection. Level of service
(LOS) values shall be determined by using the methods defined by the most recent
edition of the Highway Capacity Manual. A development shall be approved only if the
LOS requirements are met in the design year, which shall be a minimum of 15 years
following the development application review or construction of mitigation measures if
mitigation measures are required to maintain LOS. Intersections shall have a minimum
acceptable LOS of "C" for the intersection as a whole.
The intersection of Davis Lane and Baxter Lane operates at a LOS “F” and LOS “D” for the AM
Peak Hour and PM Peak Hour conditions, respectively. The proposed project may not receive
final plat approval until the intersection of Baxter Lane and Davis Lane is upgraded or a waiver
is granted per BMC 38.24.060.B.4.b.
B. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and
sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be
required by the city to install municipal storm sewer system facilities. These systems
shall be installed in accordance with the requirements of the state department of
environmental quality and the city, and shall conform with any applicable facilities plan.
The city's requirements are contained in the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and made a
part of these regulations. The developer shall submit plans and specifications for the
proposed facilities to the city and to the state department of environmental quality and
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shall obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
Building permits will not be issued prior to City acceptance of the site infrastructure
improvements unless all provisions set forth in Section 38.39.030.D of the Bozeman Municipal
Code are met to allow for concurrent construction. Although many of the infrastructure
drawings were submitted with the subdivision application, those plans are not considered final
and will not be reviewed as the infrastructure submittal. The applicant must provide a separate
infrastructure submittal to the City Engineering Division after preliminary plat approval.
C. Building permits will not be issued prior to City acceptance of the site infrastructure
improvements per BMC Section 38.39.030.B and 38.39.030.D as applicable.
The applicant must submit 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, which must be provided to and approved by the City Engineer. Water
and sewer plans must also be approved by the Montana Department of Environmental Quality.
The applicant must 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.
D. BMC 38.23.150.C states: Street lighting consists of street lighting and pathway
intersection lighting, and shall comply with the City of Bozeman Design Standards and
Specifications Policy (DSSP).
The applicant must install street lighting per the DSSP prior to final plat approval.
E. Bozeman Municipal Code (BMC) Section 38.23.030.A states: The developer shall install
complete drainage facilities in accordance with the requirements of the state department
of environmental quality and the city, and shall conform to any applicable facilities plan
and the terms of any approved site specific stormwater control plan. The city's
requirements are contained in the design standards and specifications policy and the city
modifications to state public works standard specifications, and by this reference these
standards are incorporated into and made a part of these regulations.
F. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided.
G. The applicant must contact the City Engineering Department for an analysis of CIL of
water rights and pay CIL of water rights due prior to final plat approval.
H. Section 38.23.060, requires the provision of public and/or private easements for private
and public utilities, drainage, vehicular or pedestrian access, etc.
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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.
I. Section 38.06.020, requires that all plats of subdivisions must contain a certificate of
dedication or certificate of consent.
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 and those which will be
maintained by the Home Owners Association.
J. Sec. 38.27.090. - Waiver of park maintenance district. When required, the developer
shall sign, and file at the county clerk and recorder's office, a waiver of right to protest
the creation of park maintenance district.
The waiver is required and must be filed with the final subdivision plat.
K. Sections 38.38.020 and 38.38.030, discuss the requirements for supplementary
documents including property owners’ association documents and covenants.
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.
SECTION 5 - RECOMMENDATIONS AND ACTIONS
The DRC determined that the applications are adequate for continued review and recommended
approval with conditions on March 14, 2018.
The Planning Board conducted a public hearing on April 17, 2018. The hearing was held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm. The Planning Board recommended
approval with conditions as recommended by Staff.
The City Commission considered the application on May 21, 2018. Their action is the subject of
these findings of fact. The Commission approved the application on a vote of 3:0.
SECTION 6 - 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 considered the following:
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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 Condition of Approval 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. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
regulatory standards. The proposed lot layout relies upon relaxations requested in the associated
PUD application, 17-584. Staff recommends Conditions No. 5 and 6 to require approval and
documentation of an affordable housing plan, which will be a binding agreement. Also Condition
of Approval 7 ensures passage of the PUD prior to approval of the Final Plat. Therefore, upon
satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on December 20, 2017. The application was reviewed and found
inadequate for further review on January 16, 2018. Additional materials were provided in response.
The application was found adequate for review on March 14, 2018.
The hearings before the Planning Board and City Commission were properly noticed as required
by Chapter 38 of the Bozeman Municipal Code known as the Unified Development Code. Based
on the recommendation of the DRC, Planning Board and other applicable review agencies, as well
as any public testimony received on the matter, the City Commission made the final decision on
the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made
within 80 working days of the date it was deemed adequate. Pursuant to Section
38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the
subdivision application by July 5, 2018, unless there is a written extension from the developer, not
to exceed one year.
Public notice for this application was given as described in Appendix C. The subdivision relies
upon the associated PUD to meet the required zoning standards. The final plan for the planned unit
development must be finished and receive final approval before the final plat is approved.
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Therefore, Condition 7 ensures that the final timing of the two applications will be properly
coordinated.
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 in Sections 3 and 4. Three PUD relaxations
regarding a non-standard alley configuration were proposed and preliminarily approved. If the
PUD is approved then the plat conforms. Final approval of the PUD must be completed prior to
final approval of the plat.
Advisory note: The City recently adopted revised land use regulations including altered
standards for townhome and detached home design. All future development within the proposed
subdivision will be subject to the new standards. All lot purchasers and building designers are
advised to carefully consider the new standards before finalizing purchases or designs.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
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. All public utilities will be located within
dedicated street right of way. There is one identified location where an existing utility is outside
of proposed easement locations which must be corrected. Conditions 13, 14, 20 and Code
Requirements B, C, and G require performance of these obligations.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards or to the non-
standard alley proposed and approved as part of the PUD. If the PUD is finalized with its associated
relaxations this standard will be met. 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 has been vacant for over 10
years. Property to the north, south and east has been developed for residential uses and the
adjacent properties to the west is a public park. Therefore, this subdivision will not have adverse
effects on agriculture.
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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 is developed in all directions. Therefore, the
proposed subdivision will have no impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site. Internal water and sewer
mains will be installed prior to final plat approval. Water for irrigation of open spaces is required
and proposed to be provided by a well. The applicant must provide transfer of ownership of the
well to the HOA so that the HOA can legally have the water resources necessary to maintain the
open space. Conditions 21 and 25 require this action. Condition 13 ensures that adequate width
utility easements are provided to enable safe installation of water and sewer mains. Condition 16
requires that an adequate warranty is provided and secured to ensure that installed infrastructure
is serviceable. Inoperable infrastructure is a hazard and inhibits development of the site.
Condition 20 coordinates between private and public utility locations and avoid conflicts
between utilities and other objects. Water rights or cash-in-lieu are required to be provided per
municipal code and noted by Code Requirement F.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout connects the proposed non-standard alleys to existing
standard design streets of Breeze Lane, New Holland, and Windward Avenue. Condition of
approval 19 requires the subdivider to file SID waivers for street improvements to streets which
may be impacted by the proposed subdivision.
The proposed project is within ½ mile of the Baxter-Davis intersection with a Level of Service
rating less than C. The applicants have requested a waiver from Level of Service requirements.
The necessary conditions exist for approval of a waiver. Code Requirement A requires that a
waiver be issued prior to final plat application.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities. Condition 15 ensures that the SILD will
be formed and effective before final plat and Code Requirement D ensures that the lighting will
be LED which will reduce long term costs and improve reliability for the residents.
The City will be responsible to maintain New Holland. Maintenance of Zephyr Way, Bora Way,
and Mistral Way will be the responsibility of the land owners. Maintenance and use of public
streets is subject to the terms of the municipal code. It is important to have clear responsibilities
for access and use by the public. Condition 29 and Code Requirement J establish the responsible
parties.
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Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Condition 24 requires that the necessary
addresses are provided to enable 911 response to individual homes.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that standards have
been met. Maintenance of the storm water facilities is an obligation of the home owners
association. This responsibility must be included in the covenants proposed with the subdivision.
Conditions 11 and 17 and Code Requirements C, E, H, and J ensure that the stormwater system
will be integrated with the individual developed lots to prevent flooding and stagnant water.
Applicants have been in conversation with DRC staff to resolve any issues prior to submittal of
final infrastructure plans and specifications.
Parklands – There are existing park facilities near this subdivision. The Gallatin County regional
park is immediately to the west and the West Winds park is about one block to the east. The
previous phases of West Winds Subdivision dedicated excess park land which included the area
of land now considered for subdivision. A portion of that excess was assigned to the earlier
phases 4 and 5 which are being resubdivided to create the current proposal. There is additional
park dedication of .03 acres per dwelling required for 30 dwellings (0.9 acres) as the number of
homes proposed exceeds the credits from prior dedication.
The applicant proposes to meet the additional requirement by installing additional improvements
within the existing West Winds park. The West Winds park was created with the original PUD
and is intended to provide the primary recreation facility for the entire West Winds development.
The original master plan for the West Winds park was approved by the City Commission and has
not yet been fully constructed.
Condition of approval 12 requires an updated parkland calculation to be provided on the final
plat. Condition of approval 26 requires a cost sharing agreement for park maintenance prior to
final plat. Participation in the West Winds master owners association will demonstrate
compliance with Condition 26.
The Recreation and Parks Advisory Board (RPAB) considered this issue on April 12th. The
Parks Division provided comments on April 16th including prioritized improvements in lieu to
meet the required mitigation of recreational impacts. The RPAB prioritized completion of the
trail network followed by installation of play equipment. Various additional improvements such
as benches and trees were also included as lower priorities. This approach provides flexibility in
meeting the requirement while not demanding more than is appropriate for mitigation of impacts
on the recreation system. Final verification of costs and compliance will occur as the Parks
Division reviews plans and specifications prior to construction of any improvements.
The property was annexed December 1, 1997 by Resolution 3216. At that time, there was not a
standard requirement for annexations to waive right to protest maintenance of parks. The City
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Commission has since amended the municipal code to require such a waiver. The waiver is
required to be filed with the final subdivision plat.
4) The effect on the Natural environment
The site is in an area of high groundwater which may negatively impact future homes or cause
illicit discharges into the sanitary sewer and over burden the surface drainage system. Conditions
22, 23, and 30 require notification of owners of potential hazard of groundwater, restrict
placement of discharges from sump pumps and put a procedure in place to avoid inappropriate
grade changes. There are no wetlands or water courses on the site. Development within the City
and with access to centralized water and sewer lessens impact on the environment compared with
rural development.
5) The effect on Wildlife and wildlife habitat
The site has been substantially impacted already which has removed almost all wildlife habitat.
There are no known species of concern in the vicinity.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on March 8, 2017. The
application has responded to the comments offered at that time. With the pre-application plan
review application, waivers were requested from the materials required in Section 38.41.060
“Additional Subdivision Preliminary Plat Supplements.” The waiver requests from
Groundwater; Streets, roads and alleys; Parks and recreational facilities; and Affordable Housing were not granted.
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no watercourses on or immediately adjacent to this site.
38.41.060.A.2 Floodplains
There are no designated floodplains on or immediately adjacent to the site.
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38.41.060.A.3 Groundwater
The geotechnical investigation report is included in Appendix H of the application submittal.
Due to the high level of ground water, conditions are recommended to inform potential buyers,
to restrict sump pump discharge and to ensure appropriate site drainage during construction.
38.41.060.A.4 Geology, Soils and Slopes
Appendix H of the application material addresses this issue. The site is generally flat, there are
areas of potentially unstable fill and further investigation is required at time of building permit.
38.41.060.A.5 Vegetation
Material waived.
38.41.060.A.6 Wildlife
Material waived.
38.41.060.A.7 Historical Features
Material waived.
38.41.060.A.8 Agriculture
Material waived.
38.41.060.A.9 Agricultural Water User Facilities
Material waived.
38.41.060.A.10 Water and Sewer
The site will be served with municipal services as discussed under Criteria 3 of the Primary
Review Criteria. Sanitary sewer service will be provided through connection to the City of
Bozeman’s existing sanitary sewer collection system. Adequate information was provided with
the application to facilitate review. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction.
38.41.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite. See Appendix B of the submittal for
details. Further analysis will occur during the plans and specifications review by the Engineering Division.
The application acknowledges that a Stormwater Pollution Prevention Plan (SWPPP) will be
submitted to the Montana Department of Environmental Quality prior to construction. There are
local regulations for stormwater control that will apply with construction on each lot.
38.41.060.A.12 Streets, Roads and Alleys
This proposed development is within one half mile radius of an intersection operating at a level
of service less than C; however, waiver conditions were met prior to preliminary plat approval.
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Code correction A. in Section 4 of the staff report and Conditions 19 in Section 3 will ensure
adequate capacity within and maintenance of the nearby street grid to accommodate this project.
Appendix E of the submittal is a traffic impact study.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The project
representatives have been working with the DRC and local review agencies. Copies of
correspondence are included in Appendix J of the submittal.
38.41.060.A.14 Educational Facilities
Material waived.
38.41.060.A.15 Land Use
The use proposed is exclusively residential which conforms to the future land use designation
and zoning purposes.
38.41.060.A.16 Parks and Recreation Facilities
See discussion under primary review criteria 6. Appendix I of the submittal provides details of
the proposed improvements to West Winds Park.
38.41.060.A.17 Neighborhood Center Plan
Material waived. Neighborhood Center is met by West Winds Park.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. All street lights
installed shall use LED light heads lights and shall conform to the City’s requirement for cut-off
shields. A Special Improvement Lighting District (SILD) will be created prior to final plat
application. The SILD will provide for payment of operational expenses of the street lights. 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
The subdivision application is subject to the requirement to provide price controlled housing of
10% of the total dwellings in the development. The applicant is proposing 8 price controlled
homes. More information is available in the application’s Affordable Housing Plan. Conditions
of Approval 5 and 6 ensure compliance with the requirements of Article 43 of the UDC prior to
final plat approval and notification of potential future property owners. The affordable housing program manager is reviewing the proposal and working with the applicant to clarify any
outstanding issues. Final documentation for individual dwelling sales is addressed after the final
plat is filed and the homes are constructed.
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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 these findings of fact was conducted.
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. The matter of the preliminary plat application was considered by the City Commission at a
public hearing on May 21, 2018 at which time the Department of Community Development
Staff reviewed the project and stated that no public comment was submitted to the City prior
to the public hearing.
D. Trever McSpadden of Haystack Development acknowledged agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on May 21, 2018 and
no members of the public offered testimony for or against the subdivision.
F. 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.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period, the City may, at the request of
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the subdivider, grant an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2018
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium
Density District). The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. It should provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
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Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Residential.” The “Residential”
classification 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. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features, such as floodplains, may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints, such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
The subject area was annexed to the City in 1997. At the time of annexation, it was determined
that the property was a suitable candidate for the expansion of urban land uses and that
development that is consistent with that objective was appropriate. The West Winds PUD and
Subdivision were approved in 2004. It has been amended several times. The current development
is located in the original phases 4 and 5 of the West Winds subdivision and are the last portion of
the development to be completed. The original development pattern created the large central park
area.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the
notice contained all elements required by Article 38.40, BMC.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: SID716 LLC, 20 W. Haley Springs Rd. Bozeman, MT 59718
Applicant: Islands LLC, PO Box 12037 Bozeman, MT 59719
Representative: Haystack Development, Inc. PO Box 1793 Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential development. No
specific funds are budgeted for this project.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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