HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - C3. Gran Cielo Subdivision Prelim Plat Findings of Fact
Commission Memorandum
REPORT TO: Mayor & City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Approval of the Gran Cielo Subdivision Preliminary Plat Findings of Fact and Order, Application 17522 MEETING DATE: July 16, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Gran Cielo Subdivision Preliminary Plat Application 17522.
BACKGROUND: On June 18, 2018, the City Commission reviewed the application for preliminary plat approval for the Gran Cielo Major Subdivision. The Commission voted unanimously 5:0 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.
The attached findings of fact revise Condition 21 and Code Requirement 1 to reflect the discussion between staff, applicant, and Commission regarding the construction of S. 27th Avenue and the scope and placement of the right of way and improvements.
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.
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Commission Memorandum
Attachments: Findings of Fact and Order
Report compiled on: June 19, 2018
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17522, Findings of Fact for the Gran Cielo Subdivision
Public Hearing Dates: Planning Board, June 5, 2018 at 7:00 pm in the City Commission Room
121 N. Rouse Avenue, Bozeman, Montana
City Commission, June 18, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
Project Description: A Preliminary Plat application for a proposed 48.754-acre major
subdivision to create 124 residential lots, 3 open space lots, 2 parks and the associated
right-of-way.
Project Location: The subject parcel is located northwest of the intersection of S. 27th Avenue
and Graf Street and legally described as Tracts 3&4 of Certificate of Survey 2725,
located in Section 23, Township 2 South Range 5 East.
Action: Approval with conditions and code requirements
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 17522 and move to recommend approval of the subdivision
with conditions and subject to all applicable code provisions.
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 17522 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Staff Contact: Chris Saunders, Community Development Manager
Shawn Kohtz, Interim Public Works Director
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1) This project depends on several easements for off-site installation of streets and water mains.
The general format of those easements has been agreed between the applicant and the City. The
completion of those easements between applicant and other land owners is needed in order to
meet all required standards. Conditions 20-22 address this issue. See additional discussion in
Section 6 of this report.
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Project Summary
The City of Bozeman Department of Community Development received a preliminary plat
application on October 25, 2017, requesting a major subdivision. The project was deemed
inadequate for review and review halted until revised materials were provided. Revised materials
were submitted on February 2, 2018 and March 15, 2018. The application was deemed adequate
on March 22, 2018 and review continued. The application was deemed to be adequate prior to
the effective date of the recently revised Chapter 38, Unified Development Code. Therefore, this
review is based on the regulations in effect on the date it was deemed adequate for review.
This subdivision proposes to meet its affordable housing requirement through payment of money
instead of construction of housing. This is an allowed alternative. The subdivision provides a mix
of lot types to support a variety of housing alternatives within the subdivision. A large central
park provides the required neighborhood center.
Planning Board
The Planning Board held its public hearing on June 5, 2018. Two members of the public offered
testimony. See Appendix B. The Planning Board recommended approval of the subdivision on a
vote of 7-0. A recording of the Planning Board is available at
https://www.bozeman.net/services/city-tv-and-streaming-audio.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Planning Board.................................................................................................................... 2
Alternatives ........................................................................ Error! Bookmark not defined.
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 14
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16
Preliminary Plat Supplements ........................................................................................... 19
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SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 22
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 24
APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................ 25
APPENDIX C - OWNER INFORMATION ................................................................................ 25
FISCAL EFFECTS ....................................................................................................................... 26
ATTACHMENTS ......................................................................................................................... 26
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SECTION 1 - MAP SERIES
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SECTION 2 – REQUESTED VARIANCES
There was one variance regarding block length requested with this subdivision application. In the
course of review and revisions, it was determined that the variance was not required. Therefore,
there is no material provided for the variance and no analysis of variance criteria.
SECTION 3 - CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
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 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 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. 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. Should the subdivider propose subdivision perimeter fencing or fencing adjacent to the
open space or public parks, 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
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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.
6. 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.
7. Property owner’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.
8. 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, and D. 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). 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: _____________________________
9. 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.
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10. The location of mailboxes must be coordinated with the City Engineering Department
prior to their installation. Locations must provide for accessible access.
11. 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.
12. A conditions of approval sheet must be added to the plat.
13. 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.
14. Covenants, Conditions, and Restrictions a) The property owners association shall be created for the entire property with the first platting so that all elements of common maintenance are included.
15. The special improvement lighting district for the entire subdivision shall be formed with
the initial final plat.
16. No basements or crawl spaces may be constructed within the subdivision. An advisory
note to this effect shall be added to the Conditions of Approval sheet.
17. The applicant must adjust the draft note to the plat indicating, “The Homeowner’s
Association (HOA) is responsible to maintain all stormwater facilities located in the
common open space.”
18. A signed waiver of right to protest a city-wide park maintenance district shall be
completed for filing with the final plat.
19. Any well, including the equipment and associated permitting, used for open space or park
irrigation must be transferred to the City or Home Owners Association as applicable.
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20. Easements meeting City standards must be provided to the City and executed prior to
commencement of infrastructure construction for Graf Street, S. 27th Avenue, Bennett
Boulevard, and South 29th Avenue.
21. The full street section for S. 27th Avenue must be constructed to the northern boundary
of phase 1 as shown on the preliminary plat prior to final plat approval for Phase 1.
22. The applicant must either construct the full section of S. 27th Avenue upon construction
of Phasing beyond Phase I on the applicant’s property, or, the subdivider must construct
half of the S.27th Avenue on the applicant’s property as indicated on the preliminary plat
and provide to the city a 45 foot-wide public street and utility easement from the adjacent
property owner that would allow S. 27th to be constructed 45 feet further to the east than
is shown on the preliminary plat providing a total width of 90 feet. The off-site 45-foot
wide public street and utility easement for S. 27th located north of Phase I must be
guaranteed to be provided upon sale or transfer of the adjacent property.
23. The applicant must construct a looped water system to provide redundant water
connection to the proposed project as well as increase the capacity of the existing water
mains to accommodate the proposed demands from the project. The proposed dead-end
water system with only one connection at the intersection of S. 27th Avenue and Graf
Street does not constitute a looped water system. The water main connection to Kurk
Drive proposed with the revised submittal is an acceptable alignment. Alternate
alignments may be accepted. An easement meeting City standards must be provided to
the City and executed prior to commencement of infrastructure construction for the
looped water main.
24. 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: a) Street improvements to W. Graf Street including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to S. 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage c) Street improvements to Stucky Road including paving, curb/gutter, sidewalk, and storm drainage d) Street improvements to Fowler Lane including paving, curb/gutter, sidewalk, and storm drainage e) Street improvements to S. 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage f) Intersection improvements to Graf Street and 27th Avenue g) Intersection improvements to 27th Avenue and Stucky Road
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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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. Bozeman Municipal Code (BMC) 38.24.010.A states: All streets shall be provided in
accordance with the adopted growth policy and/or transportation plan. The arrangement,
type, extent, width, grade and location of all streets shall be considered in their relation to
existing and planned streets, to topographical conditions, to public convenience and
safety, and to the proposed uses of the land to be served by such streets.
• The applicant’s proposed half street section for S. 27th Avenue does not include curb and gutter with installation of the half street. The applicant must construct curb and gutter on both sides of the half street section of S. 27th Avenue.
2. BMC Section 38.23.060.A states: Where determined to be necessary, public and/or
private easements shall be provided for private and public utilities, drainage, vehicular or
pedestrian access, etc.
The applicant must provide executed street and utility easements for all offsite streets prior to commencement of construction of any public infrastructure including the
following:
• Graf Street
• S. 27th Avenue
• S. 29th Avenue
• Bennett Boulevard
• Apex Drive
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3. 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
shall obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
The applicant must construct a looped water system to provide redundant water connection to the proposed project as well as increase capacity in the water system to accommodate the proposed demands from the project.
4. BMC Section 38.23.060.C.1 States: A public utility easement shall be granted for all
public utility mains not located within public street right-of-way. An easement shall be at
least 30 feet wide for either one or two utility mains. An additional ten feet of width is
required for each additional main that occupies the easement. Wider easements may be
required at the discretion of the city for large utility lines.
The applicant must provide any necessary, executed off-site utility easements for looping the water system prior to commencement of construction of any public infrastructure.
5. There are several minor grammatical errors in the certificate of dedication and certificate
of exclusion from DEQ review. Please correct the errors.
6. BMC 38.39 requires that any financial securities for improvement agreements must be
valid for longer than the period of the work.
7. BMC 38.43 requires provision of price limited affordable housing. The applicant has
proposed to meet this requirement with payment of money. Compliance is proposed to
occur coincident with phased final plat filings. Updated values shall be calculated at the
time of each 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 22, 2018.
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The Planning Board conducted a public hearing on the related subdivision and recommends
approval to the City Commission. Public hearing date for the Planning Board was June 5, 2018.
The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 7:00 pm.
Public hearing date for the City Commission was June 18, 2018. The hearing was held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm.
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 of Approval No. 1, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code. Condition of approval 12
requires addition of a conditions of approval sheet so that the required notations can be added as
required by conditions or 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. Staff recommends Conditions No. 2-4, 9, and code requirements 1-4 and 6-
7 to address necessary documentation and compliance with adopted standards. 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 October 25, 2017. The application was reviewed and found
inadequate for further review on November 18, 2017. Revised materials were submitted on
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February 2, 2018. The application was reviewed and found inadequate for further review on March
1, 2018. Revised materials were submitted on March 15, 2018. The application was found adequate
for review on March 22, 2018. Public hearings were scheduled on April 4, 2018.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board
forwards a recommendation of approval to the City Commission who will make 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 12, 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 B. Public comment received
as of the issuance of this staff report is summarized in Appendix B.
On May 30, 2018, this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the Planning Board. A revised staff
report was submitted to the City Commission on June 6, 2018. The required public hearing prior
to decision was held on June 18, 2018. After conducting the public hearing the Commission
approved the subdivision on a vote of 5-0.
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 if all code requirements are satisfied. Pertinent code provisions and
site specific requirements are included in this report for City Commission consideration in Sections
3 and 4.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, must 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. Code Requirements 1, 2, and 4 require performance of these
obligations as do Conditions 20-23.
There are several easements necessary to provide necessary connections to water and sewer
services and to meet the transportation connections required by Article 38.24, BMC. These include
easements for Graf Street extension to the west for the southern half of the street; a connection of
S. 27th to Stucky Road; and the creation of the western section of Bennett Boulevard. The required
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easements are located outside of the bounds of the area to be subdivided; and therefore cannot be
dedicated with the plat.
These easements are necessary to meet the requirements to extend streets to adjacent boundaries,
avoid half-streets, and provide emergency access as required in 38.24.010, BMC. These easements
must be provided prior to the City’s approval of any infrastructure construction or else this
application cannot meet the requirements of 38.23.060 and 38.23.070 of the municipal code and
the application cannot be approved. See conditions 20-23 for actions to meet these requirements.
The City has established minimum widths for streets of various classifications. The required
easements and streets must be of proportions and character to complete the widths established by
the long range transportation plan and municipal code as established in 38.24.050, BMC.
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 proposed public streets required to be constructed to City
standards per 38.24 and associated design standards. Construction of these streets relies upon off-
site easements for S. 27th, Graf Street, and Bennett Boulevard. If these easements are not provided,
then the requirements are not met and the application cannot be approved. 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. Conditions 20-22 require
provisions of the necessary off-site easements to meet the legal standard for legal and physical
access.
The construction of W. Graf will be a full cross section. The construction of S. 27th Avenue will
occur with differing cross sections. The southern portion adjacent to Phase 1 must be constructed
as a full width cross section to provide the necessary two way access to the site to meet City
standards. The portion adjacent to Phases 2 and 4 will be constructed on the western side of the
right of way. There is an existing home to the east of this area. The applicant is working to obtain
a necessary easement for the eastern width of the S. 27th Avenue right of way. If that easement is
not available the alignment of 27th will need to shift to the west. Proceeding north from the end of
Phase 4, s. 27th will follow the alignment of the existing utility easement. It will be paved for two
lane traffic but will not be developed as a full street with curb and gutter. This will provide that S.
27th will connect between Graf Street and Stucky Road which will provide the necessary secondary
access for emergency services.
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 annexed but
vacant since 2007. The soils are primarily Turner Loam.
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2) The effect on Agricultural water user facilities
Agricultural water user facilities are along the western edge of the subdivision. The ditch serves
properties to the north. The City of Bozeman Community Plan designates the subject property as
a residential area. The area is zoned for residential development, and has begun to develop in all
directions despite the adjacent County properties immediately to the west. The applicants have
contacted the beneficiaries of the ditch and the beneficiaries have no objection to the proposed
development. 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 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 to the
HOA so that the HOA can legally have the water resources necessary to maintain the open space.
Irrigation facilities to support the proposed parks must be transferred to the City. The application
includes correspondence from DNRC in Supplement C that the property has two authorized
wells existing on the property. Condition 19 requires the transfer of the well and equipment.
Conditions 22 and 23, and Code requirement 2 and 3 outline the required completion of
easements and physical installation of water and sewer mains. The applicant must construct a
looped water system to provide redundant water connection to the proposed project as well as
increase capacity in the water system to accommodate the proposed demands from the project.
The initial application showed a proposed dead-end water system with only one connection at the
intersection of S. 27th Avenue and Graf Street does not constitute a looped water system. The
revised application depicted a water main connection to Kurk Drive in an acceptable location
aligned with South 30th Avenue. At the Planning Board hearing, the applicant’s representative
shared that the South 30th alignment was no longer proposed as the landowner was not willing to
grant the easement for the water main. An alternate route is proposed to connect to the water
main in Enterprise Boulevard. The landowner of that property offered public testimony that they
supported the project. An Easement meeting City standards must be provided to the City and
executed prior to plan and specification approval and commencement of infrastructure
construction for the looped water main as the submitted materials shows the water main loop
constructed at least in part outside the bounds of the proposed subdivision.
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 extends Graf Street, Cielo Way, and Bennett Boulevard
to provide east to west connectivity. Several north to south streets, notably S. 27th Avenue are
provided. Example easements are provided for Graff, Bennett, and S 27th to place the streets in
locations serving both this development and adjacent properties. The project is well connected as
proposed. Conditions 20 -22 require provision of the necessary easements prior to approval of
plans and specifications and any commencement of construction as the submitted plat shows
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these streets being constructed least in part outside the bounds of the proposed subdivision and
secondary access to Stucky Road is proposed in the revised submittal materials.
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. The requirement for a single SILD will simplify long
term maintenance of the street lights and provide a cost that is more equitably shared.
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. The certificate of
dedication for the final plat will list specific duties for maintenance.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. The necessary addresses will be provided
to enable 911 response to individual homes prior to recording of the final plat.
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 is addressed in the covenants proposed with the subdivision.
Condition 17 ensures this will be carried through the final plat.
Parklands - The proposal meets the required park dedication and improvement standards. The
Recreation and Parks Advisory Board recommends approval of the park master plan and the
location and scope of improvements with minor adjustments. A final park plan will be completed
and approved with the initial final plat. The proposed park plan includes dedication of land with
additional improvements to meet the total obligation. Plans and specification review by the Parks
Department will occur before installation of any work. Preliminary Plat supplement P contains
the park plan and demand calculations.
The two park areas of 4.24 and 1.85 acres provide physical space for recreation. The additional
1.42 acres equivalent to be met with improvements in lieu of land will create more functional
parks immediately to provide improved recreation functions for the residents. Additional park
mitigation may be required as the multi-household parcels are developed. Should such occur,
there are additional items in the proposed park master plans that can further enhance the
dedicated land.
Section 38.27.100 authorizes the City to require waivers of right to protest creation of park
maintenance districts. The new development will create two new parks with associated
maintenance requirements. The residents will also be able to use other public parks throughout
the City. A park maintenance district facilitates maintenance in a manner that is proportionate to
demand. The state recently changed the laws regarding creation of special districts. A waiver
recorded with each phased final plat will ensure that the waiver is correctly drafted to meet state
law requirements.
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4) The effect on the Natural environment
Wetlands exist along the property boundary to the west which are related to the adjacent
irrigation ditch. Such wetlands are not protected by City of Bozeman regulations. There are small
areas of wetland onsite that will be impacted by street right-of-way and lot configuration. A 404
permit has been obtained for offsite mitigation in an approved wetland mitigation bank.
The City encourages use of wells or surface water rights to irrigate parks rather than municipal
water supply. There is a lesser energy and infrastructure cost to this approach. However, in order
for the City to rely on these sources to meet the code requirement there must be the rights to the
water. Condition 19 requires that necessary ownership and rights be transferred to the HOA or
City as appropriate.
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. Condition
16 prohibits use of basements or crawl spaces and requires addition of a notation of this
restriction on the condition of approvals sheet. This requirement will protect both individual
home owners from future hazards of flooding and lessen burden on the public from illicit
discharges.
5) The effect on Wildlife and wildlife habitat
The site has been substantially impacted already, which has reduced wildlife habitat. There are
no known endangered or threatened species on the property. Comment from state FWP found no
immediate negative effects but noted proximity (2 miles) to elk winter range and recommending
buffering from watercourses. No federal agencies comment was received with the exception of
the approval for wetland impact from the Army Corps of Engineers.
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. Conditions deemed necessary to
ensure compliance are noted throughout this staff report. All subdivisions must be reviewed
against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. 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 August 28, 2017. With
the pre-application plan review application, waivers were requested from the materials required
in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were
not waived and all required material has been addressed.
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
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38.41.060.A.1 Surface Water
There are irrigation ditches and wetlands on or adjacent to the property. The necessary approval
from the Army Corps of Engineers has been received to modify or remove the wetland and from
the ditch beneficiaries to pipe the ditch.
38.41.060.A.2 Floodplains
There are no designated floodplains on or immediately adjacent to the site. 38.41.060.A.3 Groundwater
The geotechnical investigation report is included in Appendix C of the application submittal. Groundwater was encountered in all test pit excavations. Groundwater depths ranged from 3-6 feet. Adjacent development has experienced very high groundwater with negative impacts on individual homes and the City and it is reasonable and probable that similar events would happen in this development. The geotechnical report from the Meadow Creek Subdivision also included
this area and concluded similar conditions existed here with depths as shallow as two feet. Condition 16 restricts basements and crawl spaces for this reason. 38.41.060.A.4 Geology, Soils and Slopes
A new report was not required. The area was considered as a possible phase on an earlier
development. Plat supplement D provides details. No substantial restrictions on development on
site are indicated.
38.41.060.A.5 Vegetation
No substantial native vegetation was identified. Some overstory is present along ditch corridor. The area has been substantially disturbed for agriculture which has displaced most original plants
38.41.060.A.6 Wildlife
See comments above under Criterion 5.
38.41.060.A.7 Historical Features
No notable features are on the site.
38.41.060.A.8 Agriculture
See discussion above under primary review criteria. 38.41.060.A.9 Agricultural Water User Facilities
See discussion above under primary review criteria.
38.41.060.A.10 Water and Sewer
See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat.
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38.41.060.A.11 Stormwater Management
See discussion above under primary review criteria. Permits from the state for stormwater
control will be required prior to any onsite construction. 38.41.060.A.12 Streets, Roads and Alleys
See discussion above under primary review criteria.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area.
38.41.060.A.14 Educational Facilities
Required materials are provided. Adequate capacity appears available. 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 above under primary review criteria.
38.41.060.A.17 Neighborhood Center Plan
Provided by creation of the central park. Additional features within the park are identified in
Supplement Q. 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 must use LED light heads and must conform to the City’s requirement for cut-off
shields as required by the City’s specifications. A Special Improvement Lighting District (SILD)
will be created prior to final plat application. 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 proposes to meet the requirements for price controlled affordable housing set by 38.43, BMC by payment of money. This is an allowed alternative for compliance.
The applicant proposes to make necessary payments with each phase of development. This is
acceptable.
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The City has recently updated its affordable housing pricing alternative. The result is a
substantial reduction in the cost to this project. A memo from the Affordable Housing Manager
was provided to the City Commission summarizing the current pricing structure and anticipated obligation from this development. As provided in the ordinance, each phase will recalculate costs at time of final plat for each phase and the then current amount will be due.
The ordinance allows several alternatives to meet the required outcome. The preliminary
approval of this plat does not bind the applicant to use or another alternative or combination of alternatives. The Affordable Housing Manager has considered the proposed project and provided an estimated amount needed for each phase. Compliance will be verified with each final plat. If phasing is changed then the proportion of affordable housing provided must adjust equally. Final
costs of the payment per affordable dwelling will be determined at the time of each final plat.
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 June 18, 2018 at which time the Department of Community Development
Staff reviewed the project and summarized the public comment submitted to the City prior to the
public hearing.
D. Greg Allen of Cadius Partners, LLC acknowledged understanding and agreement with
the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on June 18, 2018
and one member 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.
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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 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:
_________________________________
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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) and R-4 (Residential High 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. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two to
four household dwellings, and townhouses to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
Use of this zone is appropriate for areas with good access to parks, community services and/or
transit.
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 purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
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
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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 – 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.
Three written public comments were received before the Planning Board public hearing began.
Two were from the same person (Kerwick) and addressed the participation of Gran Cielo in
infrastructure funding in the area. At the public hearing, (Ullman) a representative of Kerwick
indicated that they had resolved their concerns with the project and no longer requested the
proposed changes to Condition 23. The other written comment was from Hill and addressed the
need for additional commercial services in the southwest quadrant of the community. All written
comments were provided to the Planning Board.
Two oral comments were offered at the Planning Board public hearing. Ullman spoke regarding
resolution of the Kerwick comment. Bennett, adjacent landowner, spoke in favor of the project.
One written comment was received after the Planning Board and before the City Commission
hearing. A copy was provided to the Commission and discussion of each raised issue was had
before the City Commission made their decision. One oral comment was provided at the City
Commission public hearing. The video of both public hearings is available at
https://www.bozeman.net/services/city-tv-and-streaming-audio.
APPENDIX C - OWNER INFORMATION
Owner: Bozeman Haus LLC, c/o CP Manage LLC 8401 Wagon Boss Road Bozeman MT
59715
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Applicant: Cadius Partners LLC 8401 Wagon Boss Road Bozeman MT 59715,
Representative: Madison Engineering 895 Technology Boulevard Suite 203 Bozeman MT
59718.
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential development.
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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