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19373, Planning Board Staff Report for The Nest Major Subdivision
Public Hearing Date: Planning Board, January 21, 2020 at 7:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana
City Commission, February 24, 2020 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
Project Description: A Major Subdivision Application to subdivide 13 lot residential subdivision on
5.411 acres. Four relaxations are requested with the PUD associated with this application.
Project Location: Lot R1, Westbrook Subdivision, Phase 2, 3, 4, S04, T02 S, Block 5, P.M.M.,
Bozeman, Gallatin County, Montana.
Recommendation: The application conforms to standards and is sufficient for approval with conditions
and code provisions.
Planning Board 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 19373 and move to recommend approval of the subdivision with
conditions and subject to all applicable code provisions.
Report Date: January 16, 2020
Staff Contact: Sarah Rosenberg, AICP, Associate Planner
Anna Russell, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
If the Planned Unit Development (PUD) and associated relaxations are not approved, then the conditions
and findings of this report will need to be modified. The analysis summarized in this report assumed
approval of the requested relaxations. Staff has recommended approval of the PUD and associated
relaxations.
Project Summary
This report is based on the application materials submitted and any public comment received to date.
This subdivision is associated with a separate PUD application. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The outcome will be a higher density residential infill project containing 13 lots with 45 residential dwelling units. There are four types of condo buildings in a mix of two, three, and four unit clusters. The property is zoned R-3 Residential Medium Density and is currently vacant. The lot to be platted for residential development is surrounded by residential subdivisions to the north, east, and south, and open space to the west. The site is accessed from Annie Street, Durston Road, and
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Glenwood Avenue. An alternative street standard (woonerf) is proposed throughout the development.
Approval for the non-standard street and a total of 4 relaxations from the City of Bozeman standards have been requested through the associated PUD.
There will also be two common open space lots totaling 1.805 acres, one which will adjoin the
neighboring open space to the west that is part of the Westbrook Subdivision. A portion of the subject property is within the watercourse setback. Parkland dedication is not required with this application as the platting of the Westbrook Subdivision satisfied Parkland requirements.
The Development Review Committee determined the application adequate for continued review.
No public comment has been received.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval of the application with modifications to the recommended conditions;
3. Recommend denial of the application based on the Board’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items. This alternative is requested if
the Board wishes to amend or add conditions of approval.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................................................................... 1
Unresolved Issues ............................................................................................................................ 1
Project Summary .............................................................................................................................. 1
Alternatives ...................................................................................................................................... 2
SECTION 1 - MAP SERIES ........................................................................................................................ 4
SECTION 2 – REQUESTED VARIANCES ................................................................................................ 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................... 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS .................................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ........................................................ 14
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................................... 14
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. ................................. 15
Primary Subdivision Review Criteria, Section 76-3-608 ............................................................... 16
Preliminary Plat Supplements ........................................................................................................ 18
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY .................................................... 20
APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................................ 21
APPENDIX C – PROJECT BACKGROUND ........................................................................................... 21
APPENDIX D - OWNER INFORMATION .............................................................................................. 21
ATTACHMENTS ....................................................................................................................................... 21
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SECTION 1 - MAP SERIES
Zoning classification
Growth Policy Designation
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Current Land Use
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The Nest Preliminary Plat
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Landscape Plan
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application. The associated PUD has requested four relaxations. Analysis of the requested relaxations is provided under the PUD staff report. TO enable understanding of why the proposed plat does not comply with typical standards, the relaxations are listed here:
1. BMC 38.320.050 Form and Intensity Standards. The application proposes to decrease the required minimum lot size for R-3 from 3000 square feet for Block 1, Lot 1 & 2, Block 2, Lot 1, 2, & 3, Block 3, Lot 2 & 3, Block 4, Lot 2 & 3.
2. BMC 38.320.050 Form and Intensity Standards. The application proposes encroachment into the rear setback to allow porches and/or carports to project 5 feet facing the woonerf.
3. BMC 38.400.090.D Access Standards. The application proposes an allowance to the access separation at Durston Road from Rosa Way.
4. BMC 38.400.060.B. Alternate Access Standards. The application proposes an alternate access section to allow for a woonerf.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats
(24.183.1104 ARM) and shall be accompanied by all required documents, including certification
from the City Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected certificates. The Final Plat application shall include three
(3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2)
digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s
office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of
Approval sheet as 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 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.
5. The final plat must contain the following notation on the conditions of approval sheet of the final plat:
“The responsibility for the maintenance of the stormwater facilities and associated landscaping in the open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include the functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-
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way boulevard strips along all external perimeter development streets and any vegetative ground
cover and landscaping on the open space lots. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and open space lots and stormwater facilities. The perimeter streets of this
subdivision include Annie Street, Durston Road, Glenwood Drive.”
6. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location.
7. 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.
8. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owner’s association of all 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 subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument
acceptable to the City Attorney transferring fee simple ownership to the property owner’s association and associated realty transfer certificate. The subdivider or 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 subdivider 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.
9. The location of mailboxes must be coordinated with the City Engineering Department prior to their
installation.
10. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat.
11. Public access easements must be provided for the common open spaces and trails as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement.
12. Final design of the trail on the subject property that will be constructed with permeable pavers must be approved by the Engineering Division.
13. All stormwater facilities not on property dedicated to the City of Bozeman require public utility
easements for storm water facility maintenance.
14. The subdivision improvements shown on the subdivision improvements plan, sheets, C1.0, C1.1, C4.1 and C42. must be installed prior to final plat approval or guaranteed and installed within 1 year
of final plat approval per BMC 38.270.030.B.
15. If not already filed, 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 Durston Road including paving, curb/gutter, sidewalk, and storm drainage
b. Street improvements to Annie Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to N Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage d. Street improvements to N Cottonwood Road including paving, curb/gutter, sidewalk, and
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storm drainage
e. Intersection improvements to Annie Street and N Cottonwood Road f. Intersection improvements to W Oak Street and N Laurel Parkway
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 site plan approval.
16. 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.
The initial adoption of the special improvement lighting district shall include the entire area of the
preliminary plat for the Nest Subdivision.
17. Any public street lighting installed by this development shall be LED.
18. The boundary between Westbrook Subdivision Phase 2 Open Space and the Nest Subdivision shall be clearly delineated by installing a corner monument of a 6-inch diameter concrete cylinder copped with a brass survey cap at each point where the property line changes direction.
19. Trail totems shall be installed at the entrances of the trail on Annie Street and Durston Road. Final
design of the trail totem must be approved by the Parks Department.
20. A letter is required from the owner of Lakes at Valley West stating the remaining unused 10 units of sewer capacity will be transferred to the Nest prior to Final Plat approval. If an agreement is not
reached, a building restriction needs to be placed on the final plat.
21. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications.
22. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy.
23. 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.
24. 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 Nest Subdivision Phase are subject
to specific design standards and unique building setbacks from property lines. These standards may
be found in The Nest Planned Unit Development Design Guidelines. Lot owners are advised that
these are specific to the Nest 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 Nest
Subdivision approval documents the general standards of the City apply. Modification of the special
standards would require an amendment to the Nest 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.
25. The applicant must add a note to the Conditions sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association.
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26. 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.”
27. The applicant must add a note to the Conditions sheet of the plat to the effect that this development falls within a known area of high groundwater. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharge onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.
28. The applicant must add a note to the Conditions sheet of the plat to the effect that due to the potential for high groundwater 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.
29. 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.
30. The applicant must indicate the proposed snow storage areas for all woonerf alleys on the Conditions sheet of the plat. The applicant must also add a note to the Conditions sheet of the plat to the effect that snow removed from the woonerf alleys must either be placed in the snow storage areas or hauled offsite to an approved location. Snow may not be deposited on public right of way or in street vision triangles.
31. The applicant must construct no parking signs and paint curbs 20-feet from intersections of woonerf alleys with local streets. City solid waste trucks are not able to turn onto local streets from woonerf alleys in prior phases when cars are parked on the local street too close to the intersections. The applicant must demonstrate this item prior to approval of engineering plans and specifications and prior to final plat approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the
final plat. All references are to the Bozeman Municipal Code (BMC).
1. BMC 38.220.300 and 310. The POA documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320.
2. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements.
3. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal
property, improvements and water rights; documents required.
(1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider
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or owner of the property must submit with the application for final plat a warranty deed or other
instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA.
(2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument
acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument transferring
ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable.
(4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization.
4. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street and open space lot landscaping and irrigation must be provided on the final plat.
5. BMC 38.240.530 When irrigation of public facilities are to be installed prior to final plat approval, the
final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate
must be provided on the final plat. 6. BMC 38.270.030.B.2.a and b. Completion of Improvements, Sidewalks.
a. The subdivider must install sidewalks adjacent to public lands, including but not limited to, parks,
open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas must be installed prior to final plat approval, or must be subject to an approved improvements agreement and financially guaranteed.
b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This must be provided as a note on the conditions of approval sheet of the final plat.
7. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the 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.
8. BMC 38.550.070. Perimeter street landscaping. In accordance with the requirements of this section,
installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to public parks or other open space areas is required prior to final plat approval.
32. BMC 38.420.080.B. The open space boundary bordering all private lots must be delineated at the
common private/public corner pins in accordance with this section. Delineation is required between
the Westbrook Subdivision Phase 2 Open Space and private lots within the Nest prior to final plat
approval.
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33. BMC 38.420.080.B. The trail totems at the entrances of the trail on Annie Street and Durston Road
shall be delineated on the final plat.
34. BMC 38.410.070. 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 to 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. 35. BMC 38.410.080 Grading and Drainage. 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. A new drainage easement must be created around the proposed pond on the
southern end of the lot prior to Final Plat approval. The applicant must provide a stormwater maintenance plan prior to final plat approval. The applicant must also incorporate that stormwater maintenance plan in the property owner’s
association documents and demonstrate incorporation of the maintenance plan in those documents prior to final plat approval.
36. BMC 38.410.130 Water Rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment must be made to the city of a payment-in-lieu of water rights (CIL), calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or other option allowed by code. The applicant must contact the City Engineering Department for an analysis of CIL of water rights for the proposed project and pay any cash-in-lieu of water rights due prior to final plat approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application was adequate for continued review on December 31, 2019.
The Planning Board will conduct a public hearing on the related subdivision and make a recommendation
to the City Commission. Public hearing date for the Planning Board is January 21, 2020. The hearing will
be held in the City Commission chamber, 121 N Rouse Avenue at 7 pm.
Public hearing date for the City Commission is February 24, 2020. The hearing will be 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.
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Collectively this information is the record of the review. The analysis is a summary of the completed
review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, 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 2, the final plat must comply with State statute, Administrative Rules
of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and
updated with 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 must comply with the standards identified and referenced in the BMC. 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. 2-5, 12, and code
requirements 1-9 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
A subdivision pre-application plan was reviewed by the City and the City issued comments on that
application on November 28, 2018.
The initial preliminary plat application was received on August 13, 2019 and was deemed inadequate for
further review on October 2, 2019. A revised application was submitted on October 29, 2019. The City
reviewed the application through the Development Review Committee and on December 6, 2019 the
application was deemed inadequate for review. Revised materials were received on December 12, 2019 and
the City deemed the revised materials acceptable for review. The Development Review Committee
reviewed the application materials and deemed the application adequate for review on December 31, 2019.
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 must forward a recommendation
in a report 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 less than 50 lots must be made within 60
working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall
approve, conditionally approve or deny the subdivision application by February 28, 2019, unless there is a
written extension from the developer, not to exceed one year.
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Public notice for this application was given as described in Appendix C and no comment has been received
as of the issuance of this staff report.
On January 16, 2020, this major subdivision staff report was completed and forwarded with a
recommendation for consideration by the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community Development
all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site
specific requirements are included in this report for 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
The final plat will provide and depict all necessary utilities and required utility easements. Condition of
approval 6 requires that all easements, existing and proposed, must be accurately depicted and addressed
on the final plat and in the final plat application. Public utilities will be located within dedicated street right
of ways.
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 an approved
alternative with lot frontage as shown on the preliminary plat. In addition, pursuant to Section
38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard
contained in this section, the city design standards and specifications policy, and the city modifications to
state public works standard specifications.
The applicant has proposed use of an alternative “woonerfs” standard to provide legal and physical access
to some of the lots. A woonerf is a narrower street with a greater degree of sharing of use of the same
space by multiple types of users. Approval for the woonerf section has been requested through the
associated PUD which is the correct method. If the request is not approved, then this criterion has not
been met.
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. There is no adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review.
3) The effect on Local services
Water/Sewer –Municipal water and sewer mains exist in the adjacent street rights of way. Internal water
and sewer mains will be installed prior to final plat approval. The proposed water mains will connect to
the existing water mains in Durston Road, Glenwood Drive, and Annie Street. Transfer of water rights or
cash in lieu of water rights must be provided per code provision in order to provide a long term water
supply for the project. Sewer will be provided through connection to the existing sanitary sewer collection
system. The sewer system capacity for this subdivision is allocated for 35 units out of the 45 units.
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Condition 19 ensures that the remaining ten units will either receive proper sewer or a building restriction
will be placed on them.
Streets – The proposed subdivision has legal access onto Annie Street, Glenwood Drive, and Durston
Road. The proposed woonerf runs north-south through the property and will complement the existing
street grid structure. The woonerf’s right of way width is 34’ and is made up of a 5’ mountable concrete
border, 17’ asphalt section, and a 2’ mountable concrete border for a full width of 24’. There is an 8’
parking lane adjacent to the 2’ mountable concrete border that will be utilized for parallel parking. Street
lighting is a component of the required street improvements. Road maintenance will be provided by the
Westbrook Subdivision Homeowner’s Association.
Street lighting is a component of the required street improvements. The applicant has proposed a lighting
plan to meet the requirement. A special improvement lighting district is proposed to maintain these
facilities. Conditions 16 and 17 ensures that the SILD will be formed and effective before final plat and
that the lighting will be LED which will reduce long term costs and improve reliability for the residents.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to municipal code.
Stormwater will be conveyed via surface flow to storm inlets, then underground via storm drain piping to
an existing stormwater pond in the northwest corner of the site. 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 which were previously recorded and are applied to this development. Conditions 4
and 6 ensure that the stormwater system is integrated with the individual developed lots to prevent
flooding and stagnant water.
Parklands – All parkland has been provided with the underlying subdivision.
4) The effect on the Natural environment
The subdivision has considerable wetlands and surface waters. An existing wetland associated with
Baxter Creek exists in the Common Open Space E of the Westbrook Subdivision directly west of the
Nest. A 30’ and 50’ watercourse setback encroaches onto the subject property. A wetland delineation
report was provided with the application. An additional 404 permit was not required as the original 404
permit from 2008 still applies. No structures are to be constructed within the watercourse setback and
portions of the trail and sidewalk that connect to the proposed houses will be permeable pavers. Condition
12 requires approval by the Engineering Department of the final design of the permeable pavers.
Appropriate watercourse setback plantings will be established.
The site is in an area of high groundwater which may negatively impact future homes. Adequate drainage
plans are necessary to prevent the inappropriate transfer of stormwater runoff onto adjacent private
property. Condition 26 notifies owners of potential hazard of groundwater and put a procedure in place to
avoid in appropriate grade changes.
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5) The effect on Wildlife and wildlife habitat
No critical wildlife species of habitats are known to be found on this property. The site has been
substantially impacted already which has reduced wildlife habitat. The approved and constructed 404
permit created additional wetlands which provide small animal and bird habitat.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will not
significantly impact 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 with conditions
and code provisions. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report. Condition of approval 1 requires full compliance with all applicable code
requirements.
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 in November 2018. With the pre-
application plan review application, waivers were requested from the materials required in Section
38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were not waived and all
required materials have been addressed.
Staff offers the following summary comments on the supplemental information required with Article
38.220.060, BMC.
38.220.060.A.1 Surface Water
The subdivision will not significantly impact surface water. Baxter Creek is located on the existing open space lot part of the Westbrook Subdivision to the west of the Nest. Wetlands exist on the open space lot and a 30’ and 50’ watercourse setback encroach into the property. A wetland delineation report was performed in Winter 2018. A 404 permit was approved in 2008 and no updated permit was required. There is an existing stormwater pond in the northwest corner of the site that is to remain with the development. 38.220.060.A.2 Floodplains
The DRC waived this supplement. No mapped 100-year floodplains impact the subject property.
38.220.060.A.3 Groundwater
Groundwater or seepage was observed in all fifteen exploratory test pits excavated during the site visit. Groundwater was encountered at depts. Varying from 3.5 to 7.5 feet bgs. The proposed woonerf section will be installed at ~18” above existing grade to help mitigate the presence of groundwater on site. Due to the comparatively high level of ground water, Condition 26 requires that a note be placed on the plat advising future lot purchasers of the high groundwater.
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38.220.060.A.4 Geology, Soils and Slopes
The subdivision will not significantly impact the geology, soils or slopes. The soil constraints are typical of Bozeman and no unusual geological features are present on the subdivision site.
38.220.060.A.5 Vegetation
The DRC waived this supplement. The subdivision will not significantly impact vegetation. No
substantial native vegetation was identified. 38.220.060.A.6 Wildlife
The DRC waived this supplement. The subdivision will not significantly impact wildlife. See comments under primary subdivision criteria #5 above.
38.220.060.A.7 Historical Features
The DRC waived this supplement.
38.220.060.A.8 Agriculture
The DRC waived this supplement. The subdivision will not significantly impact agriculture. See comments under primary subdivision criteria #1 above.
38.220.060.A.9 Agricultural Water User Facilities
The DRC waived this supplement. The subdivision will not significantly impact agricultural water user facilities. See comments under primary subdivision criteria #1 above.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. The required design reports have been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat.
38.220.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite. The required stormwater design report was
provided. See discussion above under primary review criteria. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide adequate
improvements to support the development. See discussion above under primary review criteria. In addition to the dedicated and constructed streets in the subdivision, the applicant will will dedicate new public street easements through the property. The proposed street sections are requested
as a relaxation with the supplemental PUD. A traffic impact study was conducted for the proposed development and reviewed by the Engineering Division.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local review
agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision.
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38.220.060.A.14 Educational Facilities
A letter from the district was included in the submittal materials. Facilities are adequate. 38.220.060.A.15 Land Use
The associated planned unit development is the vehicle to modify form and intensity standards and alternative access standards. If the PUD is approved then the subdivision will be in conformance with required land use regulations. The use proposed is exclusively residential which conforms to the future land use designation and zoning purposes.
38.220.060.A.16 Parks and Recreation Facilities
All parkland has been provided with the underlying Westbrook Subdivision.
38.220.060.A.17 Neighborhood Center Plan
The DRC waived this supplement.
38.220.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. 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. Three standard 25’ street lights are proposed within the subdivision. 38.220.060.A.19 Miscellaneous
The subdivision will improve the access to public lands. No know hazardous conditions exist on the property.
38.220.060.A.20 Affordable Housing
The subdivision does not meet the thresholds for requiring an affordable housing plan per BMC
38.380.030.A.1. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The 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. This purpose is accomplished by,
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,
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 non-residential uses. Use of this zone is appropriate for areas with good
access to parks, community services and/or transit.
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
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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 – 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. BMC 38.220.420, 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 on
January 17, 2020, and by legal advertisement publication in the Bozeman Daily Chronicle on January 19
and February 23, 2020. Content of the notice contained all elements required by Article 38.220., BMC.
No public comment has been received.
APPENDIX C – PROJECT BACKGROUND
The Nest Subdivision has been submitted in conjunction with a Planned Unit Development. The
subdivision of the property is proposed with 45 dwellings on 13 lots, common open space lots, and a
woonerf which are multi-user streets with narrow character. The property is adjacent to existing open
space part of the Westbrook Subdivision.
APPENDIX D - OWNER INFORMATION
Owner: Center Arrow Partners, LLC, PO Box 1633, Bozeman, MT 59771
Applicant: Kilday & Stratton, Inc., 2880 Technology Blvd, Suite 271, Bozeman, MT 59718
Representatives: Kilday & Stratton, Inc., 2880 Technology Blvd, Suite 271, Bozeman, MT 59718
Report By: Sarah Rosenberg, AICP, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department at 20 E.
Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials.
Public Comment: None to date