HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C6. FOF for Cottonwood Major Subdiv App 19410
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Brian Krueger, Development Review Manager SUBJECT: Cottonwood Major Subdivision Findings of Fact and Order, Application 19410 MEETING DATE: March 23, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Cottonwood Major Subdivision Application 19410. BACKGROUND: On February 10, 2020, the City Commission held a public hearing on an application for preliminary plat approval for the Cottonwood Major Subdivision.
The Commission voted 5:0 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 the review and Commission action.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: March 9, 2020
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Cottonwood
Major Subdivision 19410
Public Hearing Dates: Planning Board January 7, 2020 at 7:00 pm in the City Commission
Room 121 N. Rouse Avenue, Bozeman, Montana
City Commission, February 10, 2020 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana
Project Description: A major subdivision application requesting permission for the subdivision
of 28.08 acres into seventeen lots: eight residential multi-household, four city parkland
lots, three pedestrian open space lots, two stormwater open space lots, and streets and
rights of way.
Project Location: 5500 S. Cottonwood Road. The parcels are legally described Lot 3A-1 of
Minor Subdivision 454C, S15, T02 S, R05, City of Bozeman, Gallatin County, MT.
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Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Parks Plan Recommended Motion: Having reviewed and considered the parks master plan, I
hereby adopt the findings presented in the staff report for application 19401 and move to
approve the parks master plan for the Cottonwood Subdivision with conditions and
subject to all applicable code provisions.
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 19401 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: January 31, 2020
Staff Contact: Brian Krueger, Development Review Manager
Anna Russell, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant made application to develop the vacant property on the east
side of Cottonwood Road, south of property owned by Town Pump and east of the Loyal Garden
Subdivision. The application proposes the subdivision of 28.08 acres into seventeen lots: eight
residential multi-household, four city parkland lots, three pedestrian open space lots, two
stormwater open space lots, and streets and rights of way.
The subject property was annexed to the City in October of 2017 and is zoned R-5, Residential
Mixed Use High Density District. The property is currently utilized for grazing and includes
limited natural features. A limited length of irrigation ditches and wetlands are proposed to be
filled and mitigated on site. Farmers Canal, a major regional irrigation facility, exists off site to
the south of the subdivision.
This subdivision is not required to provide affordable housing as no lots for market rate homes
are proposed. All developable lots within this subdivision will require further development
review and public notice prior to building permit issuance. It is anticipated to be primarily multi-
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household development with limited mixed uses. The subdivision provides a mix of uses in
compliance with R-5 zoning.
The subdivision proposes 4.28 acres of city park lots which provides the required neighborhood
center. The Recreation and Parks Advisory Board has recommended approval of the subdivision
and the parks master plan for the development with recommended conditions of approval.
The subdivision is proposed as two phases with the majority of the development occurring in
phase 1 including six lots for multi-household development and a 2.64 acre park. Phase 2
includes two multi-household lots, a linear park and a .69 acre park.
The Planning Board held a public hearing on the application on January 7, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. No public comment was received. The Planning Board proceedings may be
viewed here under the date January 7, 2020: https://www.bozeman.net/services/city-tv-and-
streaming-audio
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. The Development Review
Committee (DRC) deemed the application adequate for continued review on December 11, 2019.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by February 11, 2020, unless there is a written extension from the
developer, not to exceed one year.
No public comment was received.
The public hearing date for the City Commission was February 10, 2020. The hearing was held
in the City Commission chamber, 121 N Rouse Avenue at 6 pm.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 28.08 acres into seventeen lots: eight residential multi-household, four city parkland lots, three
pedestrian open space lots, two stormwater open space lots, and streets and rights of way. No
members of the public spoke at the hearing.
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.
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 February 10,
2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
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Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’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 Commission wishes to amend or add conditions of approval.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 14
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 16
Preliminary Plat Supplements ........................................................................................... 19
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 21
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 23
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 24
APPENDIX C – PROJECT BACKGROUND ............................................................................. 24
APPENDIX D - OWNER INFORMATION ................................................................................ 24
ATTACHMENTS ......................................................................................................................... 24
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SECTION 1 - MAP SERIES
Zoning classification
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Growth policy designation
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Current land use
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Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
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. Additional conditions
may apply to the planned unit development being processed concurrently.
Recommended Conditions of Approval:
1. 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.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all
required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates.
3. The final plat must contain the following notation on the conditions of approval sheet in the final plat: “The responsibility of maintenance for the stormwater facilities, stormwater open
space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. 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 stormwater facilities and all open space landscaping.”
4. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication must be included on the final
plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within each phase. This table must include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each.
5. 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.
6. The existing 20’ wide utility easement per Minor subdivision Number 454 along the east property boundary of the subdivision must receive approval from affected utilities for
abandonment prior to final plat approval.
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7. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
8. A 1 foot no access strip shall be placed along all lots fronting on Cottonwood Road.
9. If not already provided 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) on all parcels within the project for the following:
a. Street improvements to Alpha Drive including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Stafford Drive including paving, curb/gutter, sidewalk, and storm drainage
c. Street improvements to Garfield Street including paving, curb/gutter, sidewalk,
and storm drainage d. Intersection improvements to Garfield Street and Cottonwood Road
The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final site plan approval.
10. The forty foot street and utility easement for Stafford Avenue extending north of the
subdivision must be executed and recorded prior to final plat approval.
11. The local street section for Stafford Drive must be constructed or financially guaranteed prior to final plat approval. The portion required to be improved or guaranteed is Stafford Drive extending north to the northern limit of the alley north of Lot 1, Block 2 of the subdivision.
12. The applicant must pay the Loyal Gardens Subdivision Sewer Payback for the subject
property prior to final plat approval. The applicant must contact the City Engineering
Division for an analysis of the payback amount.
13. No crawl spaces or basements may be constructed. 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 discharged onto streets, such as into the
curb and gutters where they may create a safety hazard for pedestrians and vehicles. This note must appear on the final plat.
14. Park improvements required by BMC 38.420.080 and the PROST Plan must be completed prior to final plat approval or an improvements agreement is required. Applicants may not
financially guarantee the requirements from BMC 38.420.080.A.1 and 2.
15. Perimeter fencing of the park at boundary with land outside the subdivision must be installed prior to final plat approval.
16. The drive access serving the pavilion on City Park Lot 1, Block 4 must be signed as a loading zone and requires the approval by the Engineering Division for separation from the
intersection.
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17. Any significant changes to the park plan must be reviewed by the Subdivision Review
Committee prior to final plat approval.
18. The parks must use City standard signage in all development and must be reflected in the final park plan.
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.
1. BMC 38.220.300 and 310. The Property Owners’ Association (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 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. (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. b. (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. c. (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.
d. (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.
3. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements.
4. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed
improvements.
5. 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 landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation. must
be provided on the final plat.
6. 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-
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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 and city parkland. This certificate must be provided on 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 38.270.090 Waiver of Park Maintenance District. Executed waivers of right to protest
the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation or prior development.
9. BMC 38.400.010.A.7. A half street is proposed along a portion of Lot 1, Block 2. Half
streets are prohibited except when they are essential to the development, are beneficial to the
city, or when the review authority is satisfied that the half street will be dedicated to the public after the adjoining property is developed. When an existing half street is adjacent to a tract to be developed, the undeveloped half of the street must be provided with the new development. No half streets will be accepted with this subdivision. Provide through access
via a public street for this situation or consider restricted development lots until such time
that a street extension can be coordinated. The forty foot easement must be recorded and the street constructed to be equal to the north property boundary of alley north of Lot 1, Block 2.
10. BMC 38.410.040.D and 38.410.060.E. The pedestrian rights of way in lieu of streets through Blocks 1, 2, and 3 are required to be public access and must be shown and noted on
the final plat.
11. BMC 38.410.060.B.1.c. A City alley, park and right of way is proposed overtop of an existing utility easement. If a utility easement is placed in a city right-of-way, easement must be in a location required by and agreed upon in writing by all of the appropriate utility companies and the review authority. This approval must be provided prior to final plat approval.
12. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with the final plat application and infrastructure plans.
13. BMC 38.410.130. The transfer of water rights or the payment of cash-in-lieu (CILWR) of water rights shall be provided. The applicate must contact the Engineering Division, for a determination of payment. The payment of CILWR is required prior to final plat approval.
14. BMC 38.420.030.C. The currently adopted fair market value of cash in-lieu of land dedication for parkland is $1.60 per square foot. The park plan must be updated to reflect the fair market value at the time of final plat approval. The next appraisal is scheduled for March 2020.
15. BMC 38.420.030.D. Where a cash donation has been accepted in-lieu of land dedication for
parkland, the amount of cash donation must be paid prior to final plat approval and stated on the final plat or plan as appropriate.
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16. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the
common private/public corner pins in accordance with this section. Delineation is required between linear parks and private lots prior to final plat approval.
17. BMC 38.550.070. 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 City park lots and
all open space lots is required prior to final plat approval.
18. BMC 38.570.030. The applicant must construct street lights per the DSSP and setup a special improvement lighting district (SILD) for maintenance of the lights with the City Finance Department prior to final plat approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the applications are adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on December 11, 2019.
The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed
subdivision and parks master plan as outlined in the application and with the conditions and code
provisions in this report.
The Planning Board held a public hearing on the application on January 7, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. No public comment was received. The Planning Board proceedings may be
viewed here under the date January 7, 2020: https://www.bozeman.net/services/city-tv-and-
streaming-audio.
The public hearing date for the City Commission was February 10, 2020. The hearing was held
in the City Commission chamber, 121 N Rouse Avenue at 6 pm.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 28.08 acres into seventeen lots: eight residential multi-household, four city parkland lots, three
pedestrian open space lots, two stormwater open space lots, and streets and rights of way. No
members of the public spoke at the hearing.
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.
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 February 10,
2020:
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https://www.bozeman.net/services/city-tv-and-streaming-audio
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. 1-5, 8, and code requirements 1-7 to address necessary documentation and
compliance with adopted standards. Therefore, upon satisfaction of all conditions and code
corrections the subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on August 28, 2019 and was deemed inadequate for further review
on September 25, 2019. Revised application materials were received on November 4, 2019 and
December 4, 2019. The City deemed the application acceptable for review on December 11, 2019.
Public hearings were scheduled for January 7, 2020 and February 10, 2020.
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
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forward a recommendation in a report to the City Commission who will make the final decision
on the applicant’s request.
The Planning Board held a public hearing on the application on January 7, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. No public comment was received. The Planning Board proceedings may be
viewed here under the date January 7, 2020: https://www.bozeman.net/services/city-tv-and-
streaming-audio
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
11, 2020, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix B and no comment was
received as of the issuance of this staff report.
On January 31, 2020 this major subdivision staff report was completed and forwarded with a
recommendation for consideration by the City Commission.
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 City Commission
consideration in Sections 3 and 4.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 5 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. Condition of approval 6 requires that an existing
easement be receive approval to be abandoned prior to final plat approval in order for the
subdivision to be in compliance with BMC 38.410.060.b.1.c.
Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be
granted with the final plat in accordance with standards.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
The final plat will provide legal and physical access to each parcel within the subdivision. Local
streets (Stafford Avenue, Park Boulevard, Loyal Drive, and Resort Drive) and collector streets
(West Garfield Street) are proposed to provide access to all lots within the subdivision. South
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Cottonwood Road, an arterial, provides access to the subdivision from Huffine Lane. All of the
proposed lots have frontage to a public street. Physical access to each lot is proposed via public
streets and/or a city alley located adjacent to Lot 1 and Lot 2, Block 2. The final plat musts contain
a statement requiring lot accesses to be built to the standards contained in this section, the city
design standards and specifications policy, and the city modifications to state public works
standard specifications per BMC requirements.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The subject property is designated as a residential
according to the City of Bozeman Community Plan. The area is zoned for residential mixed use
high density development. The site is currently used for grazing during the summer months. The
forage quality is low.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. Two irrigation facilities exist
on the site. There are two existing ditches that come from the Farmers Canal located off site of
the property. The ditches only serve this property and no other downstream users exist. The
ditches are proposed to be abandoned and filled with this subdivision. A wetland exists adjacent
to one of the ditch facilities and is jurisdictional according to the Army Corps of Engineers. The
City of Bozeman wetland regulations do not identify wetlands related to manmade irrigation
facilities as requiring additional mitigation or subject to other regulatory restrictions beyond
Army Corps of Engineers requirements. The Army Corps of Engineers has approved the
facilities to be filled including the wetlands with the mitigation for the wetland fill occurring
offsite.
3) The effect on Local services
Water/Sewer – Water and sewer capacity exists to serve the subdivision. Municipal water and
sewer mains must be extended south down Cottonwood Road in order to provide service into the
subdivision. The subdivider proposes to extend water and sewer mains within all local and
collector streets within the subdivision. In order to meet water system requirements a water main
loop must be constructed to connect to a water main to the north in the Stafford Avenue
alignment. The existing water system and downstream sanitary sewer mains have adequate
capacity to serve the subdivision. No water rights exist for the subject property. Cash in lieu of
water rights is proposed and must be provided per code provision in order to provide a long term
water supply for the project. The site lies within a sewer payback district for infrastructure
already constructed and the development must pay its proportionate share of the costs at the time
of final plat. Condition of approval 12 and Code provision 12 are related to this issue.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout extends local streets (Stafford Avenue, Park Boulevard,
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Loyal Drive, and Resort Drive) throughout the subdivision in accordance with block length
standards and provisions to extend streets to undeveloped land. A small portion of Garfield
Street, a collector street, is extended east/west through the subdivision to provide a future
connection to Garfield Street construction from the Fowler Avenue intersection east to South 19th
Avenue. South Cottonwood Road has been upgraded to full arterial standards adjacent to the
western project boundary. The certificate of dedication for the final plat will list specific duties
for maintenance. All streets are proposed to be constructed to city standards and the City accepts
maintenance for all streets.
Three blocks, Blocks 1, 2, and 3, are bisected by pedestrian rights of way in lieu of streets. The
corridors are proposed as open space lots including a five foot wide concrete sidewalk and
landscaping. The open space lots are to be owned and maintained by the property owners’
association, but must be provided with a public access easement per BMC 38.410.040.D.
No intersections within the required analysis distance to this subdivision are operating under a
level of service required by the code. No intersection improvements are required with the
subdivision.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities.
Conditions of approval 3 and 8-11 are related to these findings. Code provisions 1-6, 8, 9, and 16
apply to this issue.
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. Surface stormwater facilities are proposed on open space lots and within city
parkland. 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 property owners’
association. This responsibility is addressed in the covenants proposed with the subdivision.
Conditions 3 and 7 and code provisions 1-5 ensure this will be satisfied according to standards
with the final plat.
Parklands - The proposal meets the required park dedication and improvement standards if the
parks master plan is approved by the Commission. The parkland required at the time of
subdivision for the development at the required eight dwelling units to the acre is 4.05 acres. The
subdivision proposes 4.28 acres of city parkland within four separate lots which will result in a
positive balance for the subdivision of .23 acres. Two lots are proposed as parkland with street
frontage. The City Park Lot 1 in Block 4 is 2.644 acres and will be developed with phase 1 of the
subdivision. Two lots are proposed as a linear park on the north side of the Farmers Canal. The
linear park is proposed to include a ten foot wide shared use pathway within the park that will
provide a future transportation pathway that can be continued to the east and to the west along
Farmers Canal to provide off street east/west bicycle and pedestrian infrastructure within the
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City. The current eastern terminus of Farmers Canal before it becomes mostly piped through the
City is at the intersection of Technology Boulevard and Fowler Avenue at the west side of the
Bozeman Gateway development. A final park plan will be completed and approved with the
final plat. The proposed park plan includes dedication of land with improvements to meet the
obligation for the subdivision. Future development will be required to pay cash in lieu of
parkland once the density is known on the multi-household lots with further development. Plan
and specification review by the Parks Department will occur before construction of parkland.
The Recreation and Parks Advisory Board reviewed the subdivision parks proposal and parks
master plan and recommends approval with conditions of approval 14-18 and code provisions 1-
5 and 13-15 are related to this issue.
BMC 38.270.090 authorizes the City to require waivers of right to protest creation of park
maintenance districts. The new development will create two new parks and open spaces with
public access with associated maintenance requirements. The residents will also be able to use
other public parks throughout the City. A park maintenance district facilitates maintenance in a
manner that is proportionate to demand. The state recently changed the laws regarding creation
of special districts. A waiver recorded with the final plat will ensure that the waiver is correctly
drafted to meet state law requirements. Code provision 7 is related to this issue.
4) The effect on the Natural environment
The subdivision will not significantly impact the natural environment. Manmade wetlands exist
as part of a ditch within the property and are proposed to be filled and mitigated for offsite per
Army Corps of Engineers approval. No other impacts to the natural environment are identified.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application will irrigate parkland, open space or other
public lands landscaping with a well.
The site is in an area of high groundwater which may negatively impact future structures or
cause illicit discharges into the sanitary sewer and over burden the surface drainage system.
Condition 13 prohibits use of basements or crawl spaces and requires addition of a notation of
this restriction on the condition of approvals sheet. This requirement will protect both future
structure owners from future hazards of flooding and lessen burden on the public from illicit
discharges.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has been
substantially impacted by grazing which has reduced wildlife habitat. There are no known
endangered or threatened species on the property. Comment from state Montana Fish Wildlife
and Parks found no immediate negative effects.
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
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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 on November 1, 2017.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
This subdivision will not significantly impact surface water. No naturally flowing surface water
is on site. Two irrigation facilities that do not serve any other properties are proposed to be
abandoned and filled with the development of the infrastructure of the subdivision. Manmade wetlands exist as part of a ditch within the property. The Army Corps of Engineers has approved the filling of these wetlands with mitigation to be provided off site.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. There are no designated floodplains on the site.
38.220.060.A.3 Groundwater
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact groundwater. The geotechnical investigation report is included in the
application submittal. Groundwater was encountered in all test pit excavations. Groundwater depth minimum depth shown in test pits ranges between 1 to 5 feet. Condition 13 is proposed to restrict basements and crawl spaces due to high groundwater.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with a well per code requirements. 38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The site is a majority
loam with slopes ranging from 0-4%. There are no hazardous features associated with this soil type, however it is recommended that a geotechnical engineer certify any foundation design prior to construction. Additionally, due to high groundwater levels in the area it is advised against
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constructing buildings with full or partial basements A condition of approval is recommended to
address this issue.
38.220.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. No substantial native vegetation was identified. Comment from state Montana Fish Wildlife and Parks found no immediate negative
effects. The area has been substantially disturbed by animals and grazing which has displaced most original plants. 38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. See comments above under primary review criteria 5.
38.220.060.A.7 Historical Features
No notable features are on the site. 38.220.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. See discussion above under primary
review criteria. 38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
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 report has 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 subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction.
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.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area.
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38.220.060.A.14 Educational Facilities
Required materials are provided. The Bozeman School District has identified that adequate capacity is available. 38.220.060.A.15 Land Use
The use proposed is mixed use residential which conforms to the future land use designation and zoning purposes. The property has a future land use designation of Residential and is zoned R-5, Residential Mixed Use High Density. Table C-16 of the Bozeman Community Plan shows R-5 zoning as implementing districts of the Residential land use designation.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
Provided by the proposed parkland within the development including the new City Park lots with street frontage, the linear park north of the Farmers Canal and the publicly accessible open space
mid block crossings provided by this development.
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. Code provision 16 is related to this issue. 38.220.060.A.19 Miscellaneous
The proposed subdivision will improve the access to public lands by including additional City
parkland. No known potential hazards are related to this subdivision. The proposed subdivision
is outside of the Wildland Urban Interface (WUI). 38.220.060.A.20 Affordable Housing
The subdivision application is not subject to affordable housing requirement as no market rate homes are proposed.
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.
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C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on February 10, 2020 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing.
D. The applicant, Madison Engineering, acknowledged understanding and agreement with
the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on February 10, 2020 and no members of the public offered testimony on 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, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 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 plan and subsequent construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2020
BOZEMAN CITY COMMISSION
_________________________________ CHRIS MEHL Mayor
ATTEST:
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_______________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned R-5, Residential Mixed Use High
Density District. The intent of the R-5 residential mixed-use high density district is to provide for
high-density residential development through a variety of compatible housing types and
residentially supportive commercial uses in a geographically compact, walkable area to serve the
varying needs of the community's residents. These purposes are accomplished by: 1. Providing for
a mixture of housing types, including single and multi-household dwellings to serve the varying
needs of the community's residents. 2. Allowing offices and small scale retail and restaurants as
secondary uses provided special standards are met. Use of this zone is appropriate for areas
adjacent to mixed-use districts and/or served by transit to accommodate a higher density of
residents in close proximity to jobs and services.
Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman
Community Plan. 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
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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 December 20, 2019. The site was posted with a notice on December 22, 2019, and a
legal advertisement was published in the Bozeman Daily Chronicle on December 22, 2019.
Content of the notice contained all elements required by Article 38.220., BMC. No public
comment has been received.
APPENDIX C – PROJECT BACKGROUND
The subject property was annexed to the City in October of 2017 and is zoned R-5, Residential
Mixed Use High Density District. A subdivision pre-application plan was reviewed by the
Development Review Committee in November of 2017. This subdivision application began its
review process on August 28, 2019.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: Cottonwood Project LLC, 1109 Main St. Suite 670 Boise, ID 83702
Representatives: Madison Engineering, 895 Technology Blvd. Suite 203 Bozeman, MT 59718
Report By: Brian Krueger, Development Review Manager
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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