HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C5. FOF for Nest Prelim Plat App 19373
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Sarah Rosenberg, Associate Planner
SUBJECT: Authorize Mayor to sign the Nest Preliminary Plat Findings of Fact and Order,
Application 19373.
STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches to issues
such as multimodal transportation, infill, density, connected trails and parks, and walkable
neighborhoods.
MEETING DATE: March 23, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Mayor to sign the Nest Preliminary Plat Findings of Fact and
Order, Application 19373.
BACKGROUND: On February 24, 2020, the City Commission held a public hearing on an
application for a preliminary approval for the Nest preliminary plat.
The Commission voted unanimously to approve the application subject to conditions and code
provisions to ensure the final plan would comply with all applicable regulations and all required
criteria. These findings of fact provide a record of review and Commission action.
UNRESOLVED ISSUES: None identified.
1) Approval of the Findings of Fact and Order with modifications.
2) 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.
Report compiled on: February 25, 2020
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Attachments: Findings of Fact and Order
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19373 Findings of Fact for the Nest Major Subdivision
Public Hearing Date: Planning Board, February 18, 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.
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 19373 and move to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Report Date: February 12, 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
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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 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.
The Planning Board held a public hearing on the application on February 18, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board recommended approval 7:0 of the project with the conditions and code provisions
outlined in this staff report. No public comment was received.
Viewing of the Planning Board meeting can be found
here: https://media.avcaptureall.com/session.html?sessionid=662d47d5-ac83-44ee-a08f-
579975763f53&prefilter=654,3835
The City Commission held a public hearing on the application on February 24, 2020. After the
City Commission reviewed and considered the application materials, staff report, advisory
review board recommendations, public comment, and all the information presented, they
made individual findings and voted 5:0 to approve the motion to approve the application. The
Commission agreed that the application met the criteria established by the Bozeman Municipal
Code. Therefore, the application was approved with conditions and applicable code provisions
outlined in these findings.
Two public comments were received at the City Commission hearing. The City Commission’s
review, deliberation and findings may be found under the linked minutes and recorded video of
the meetings located at this web page filed under the date 2/24/2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED RELAXATIONS ............................................................................ 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 13
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 15
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 16
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 23
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 25
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 25
APPENDIX C – PROJECT BACKGROUND ............................................................................. 26
APPENDIX D - OWNER INFORMATION and reviewing staff ................................................ 26
ATTACHMENTS ......................................................................................................................... 26
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SECTION 1 - MAP SERIES
Zoning Classification Map
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Future Land Use Map
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Current Land Use Map
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The Nest Preliminary Plat
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Landscape Plan
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SECTION 2 – REQUESTED RELAXATIONS
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.
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
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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-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.
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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 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.
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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.
26. 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.
27. 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
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further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether
other improvements have been made on upon the lot.
28. 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.
29. 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 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.
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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.
9. 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.
10. 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.
11. 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.
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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.
12. 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.
13. 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 held a public hearing on the related subdivision on February 18, 2020. The
Planning Board recommended approval 7:0 of the project with the conditions and code
provisions outlined in this staff report. No public comment was received.
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.
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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 38.240.130.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.
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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.
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.
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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. 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.
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Police/Fire – The area of the subdivision is within the service area of both these departments.
No concerns on service availability have been identified.
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.
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
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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.
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.
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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 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.
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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.
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.
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SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, 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 February 24, 2020 at which time the Department of Community Development Staff reviewed the project and stated that no written public comment was submitted to the City prior to the public hearing. D. Greg Stratton with Kilday and Stratton acknowledged agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on February 24, 2020 and no members of the public offered testimony for or against the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 210, 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 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 them regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plat 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.
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19373 The Nest Preliminary Plat Major Subdivision Page 24 of 26 DATED this ________ day of _____________________, 2020 BOZEMAN CITY COMMISSION _________________________________
Chris Mehl Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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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 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 31, 2020, and by legal advertisement publication in the Bozeman Daily
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Chronicle on February 16 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 AND REVIEWING STAFF
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
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