HomeMy WebLinkAbout001 PP NarrativeWest Park Neighborhood Subdivision
Preliminary Plat
May 2022
2 May 2022
Subdivision Preliminary Plat: West Park
Table of Contents
1. Application Forms & Checklists
2. Project Team
3. Narrative
I. Project Overview
II. Preliminary Plat Checklist Items
III. Response to Pre-Application Comments (21-7466)
IV. Response to Preliminary Plat Approval Criteria
V. Preliminary Plat Supplements
Appendices
Appendix A.1: Vicinity Map
Appendix A.2: Current Zoning Map
Appendix A.3: Future Land Use Map
Appendix A.4: Draft Community Design Framework Masterplan
Appendix A.5: Conceptual Green Plan
Appendix B: Draft Phasing Plan
Appendix C: Traffic Impact Study
Appendix D.1: Covenants
Appendix D.2: Bylaws
Appendix D.3: Condo Exhibits
Appendix D.4: Design Regulations
Appendix E: Parks Master Plan
Appendix F: Application (Letter) for Concurrent Construction
Appendix G: Reference Documents
G.1 - Norton Ranch Phase 5 Final Plat
3 May 2022
Subdivision Preliminary Plat: West Park
Appendix H: Norton Ranch Phase 5 Waiver of Right to Protest SID
Appendix I: Noxious Weed Inventory Map
Appendix J: DEQ Draft MFE Application
Appendix K: Groundwater Monitoring Info and Map
Appendix L: Geotech Report
Appendix M: Stormwater Design Report
Appendix N: Water Design Report
Appendix O: Sewer Design Report
Appendix P: Surface Water/Wetland Exhibits
Appendix Q: Floodplain Flood hazard evaluation
Appendix R: Vegetation Report
Appendix S: Agricultural Water Memo
Appendix T: Water Rights Memo
Appendix U: Non-municipal Utilities Letters
Appendix V: Cascade Easement Letter
4 May 2022
Subdivision Preliminary Plat: West Park
1. Application Forms & Fees
The required application forms for the West Park Subdivision Preliminary Plat have
been included in this submittal. The calculated fee totals are outlined below.
COMPONENT FEE (2021-22) QUANTITY TOTAL
Subdivision Pre-Application Base
Fee
$3,912 $3,912
Per Lot Fee $40 4 $160
TOTAL $ 4,072
5 May 2022
Subdivision Preliminary Plat: West Park
2. Project Team
OWNER & 8FC, LLC
APPLICANT Attn: Patrick Eibs
PO Box 11388
Bozeman, MT 59719
Ph. 406.539.1366
Email: peibsk9@yahoo.com
REPRESENTATIVE Kilday & Stratton
Attn: Greg Stratton
2880 Technology Boulevard W Suite 271
Bozeman, MT 59719
Ph. 406.599.5603
Email: Greg@Kildaystratton.com
PROJECT CONSULTANTS
PLANNING Intrinsik Architecture, Inc.
Attn: Tyler Steinway
106 East Babcock Street Suite 1A
Bozeman, MT 59715
Ph. 406.582.8988
Email: tsteinway@intrinsikarchitecture.com
ENGINEERING Morrison - Maierle
Attn: James Nickelson
2880 Technology Boulevard W
Bozeman, MT 59715
Ph. 406.922.6824
Email: jnickelson@m-m.net
LANDSCAPE Design 5
ARCHITECTURE Attn: Katie Sewell
111 North Tracy Avenue
Bozeman, MT 59715
Ph. 406.587.4873
Email: ksewell@design5la.com
6 May 2022
Subdivision Preliminary Plat: West Park
3. Narrative
I. Project Overview
West Park Neighborhood (“West Park” or the “Property”) is a 40.83 acre property that
is located south of The Lakes at Valley West and north and east of Norton (East) Ranch
(Appendix A.1). Directly to the east of the property lies significant linear parkland
including a perpetual wetland easement encompassing Baxter Creek, and creates the
extension of Broken Park to the north. West Park is envisioned as an active community
which should appeal to a diverse set of residents with a range of income and
demographics, and that also contributes to surrounding amenities that will be shared by
surrounding neighborhoods.
One of the biggest goals of West Park is expansion, protection and enhancement of
existing parks, open space and trails. One of the unique challenges and opportunities of
this property is a number of jurisdictional and non -jurisdictional wetlands. These
wetlands provide an amazing opportunity to create open space and expand an extensive
trail system connecting the surrounding neighborhoods with more multimodal
transportation options. The planned linear park expansions along the eastern edge of
the project is envisioned to be the focal point or center of the neighborhood. From this
park, residents will be able to travel both north and east to schools as well as south and
east to commercial amenities.
(PUD)
(PUD)
7 May 2022
Subdivision Preliminary Plat: West Park
During Phase 5 of Norton Ranch (west of the subject property), this area was
subdivided into 4 restricted lots. These 4 restricted lots require further subdivision
review or Master Site Plan review prior to any development occurring on them. The
intent of our project is to further subdivide these 4 lots into 7 lots which create one (1)
park lot, two (2) Public infrastructure open space lots, and four (4) buildable lots. These
4 buildable lots have been strategically drawn so that each lot can accommodate a
variety of multi-household options, thus the larger size of lot. Each lot acts as its own
block and it is envisioned that each one of these blocks will have a pedestrian rights of
way running through it to serve as a transportation corridor to allow residents to easily
move through the site. These R.O.W.s will be further developed during the Site
Planning Process.
Land Use Analysis
West Park neighborhood is to be developed under the existing Residential High Density
District (R-4). The intent of the R-4 district is to provide for high density residential
developments through a variety of housing types. Additionally, this property is
designated Urban Neighborhood by the Community Plan Future Land Use map, which
encourages urban density homes in a variety of types shapes and sizes. It is our intent
to create a residential neighborhood surrounded by parks and open space. Please see
Appendix A.5 for more details on the proposed land uses. Additionally, please narrative
section Alignment with Community Plan, below, for additional information on the
alignment of this proposal with the City ’s adopted Community Plan.
The neighborhood has been designed to be complimented by vibrant, urban and
pedestrian-oriented complete streets. The proposed street sections provides for safe
and broad connections across the whole neighborhood. The proposed on street and off
street connections encourage pedestrians and bicycle travel through the whole site.
Pedestrian block separators play a big role in the creation of this off street pedestrian
8 May 2022
Subdivision Preliminary Plat: West Park
network. Rather than building several streets, we prioritized the pedestrian connection
to move people in all directions. The natural spaces have been incorporated throughout
the development to serve the community need for both neighborhood residents and
visitors alike.
Per UDC 38.420.060, parkland, excluding linear trail corridors, must have frontage along
100% of its perimeter on public or private streets or roads. It is our intention to classify
the West Park Neighborhood Parkland as a linear trail corridor. Baxter Creek, existing
wetlands, connections to other intersections along West Babcock and other critical
features also constrain the ability for 100% street frontage, but the final layout will be
a unique and accessible park with significant street frontage. It is our intention to build
upon an existing linear park. Additionally, the Bronken Park soccer complex to the north
provides 127 parking spaces and is about ¼ mile from the site. This is ample parking for
anyone wishing to utilize the park features and trail system. Within the West Park
neighborhood, Vaughn Drive will provide street frontage and parking for the park area,
please see landscape plan set for more details.
The layout of West Park continues the theme of existing open space in the area: large
contiguous blocks of parkland with soft edges. This is present at the Valley West
subdivision, the neighborhoods to the north, and Bronken Park to the north. All provide
protection of Baxter Creek in a large scale corridor with a natural feel. The West Park
neighborhood will serve as an extension of these parks to the south, minimize impacts
to the stream and wetlands, and provide a north/south trail corridor as identified in the
PROST Plan. All community services within the area benefit from this added parkland,
including residents of Valley West, Springhill Presbyterian Church, and Petra Academy.
The interior layout of the neighborhood will provide residents with multiple east/west
trail connections over to these blocks of parks and existing natural amenities.
The community design intended for this neighborhood encourages thoughtful
development while providing for flexibility for future phases of the development to
respond to changing market conditions. The design standards and guidelines proposed
for West Park also include provisions that promote sustainability development.
Initial land use assumptions for West Park are laid out in the table below. Additional
details on precise parkland assumption, as well as discussion of CILP, can be found in
the Parks Master Plan (Appendix E). Precise building type and square footages will be
flushed out during the site planning process.
Use Proposed Land Area (Acres)
Developable Area* 21.51
Rights of Ways 3.34
Parkland 11.52
Open Spaces 4.46
TOTAL 40.83
* = Type of structures and number of units to be determined at site plan
9 May 2022
Subdivision Preliminary Plat: West Park
Alignment with 2020 Community Plan
The following additional goals and themes of the Community Plan have been
incorporated into the overall project design and demonstrate how the proposed
development aligns with this foundational community document. We have provided
examples to help illustrate how specific components of the project support the growth
policy.
Theme 2 – A city of unique neighborhoods
• Goal N-1: Support well-planned, walkable neighborhoods
• N-1.5 Encourage neighborhood focal point development with functions, activities,
and facilities that can be sustained over time. Maintain standards for placement of
community focal points and services within new development.
• N-1.7 Review and where appropriate, revise block and lot design standards, including
orientation for solar power generation throughout city neighborhoods.
• N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared
use paths
• N-1.9 Ensure multimodal connections between adjacent developments
• N-1.10 Increase connectivity between parks and neighborhoods through continued
trail and sidewalk development. Prioritize closing gaps within the network.
• N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority
• Goal N-4: Continue to encourage Bozeman’s sense of place.
• N-4.2 Incorporate features, in both public and private projects, to provide
organization, structure, and landmarks as Bozeman grows.
West Park is envisioned as a well planned walkable neighborhood. The site has been
designed to use the proposed park as a focal point for the development. Multi -modal
connections are envisioned through the project to connect back to this focal point. The
project will contribute to the sense of the place of this area of the community by
prioritizing and enhancing/expanding the outdoor recreation amenities that exist in this
area.
Theme 3 - A City Bolster by Downtown and Complimentary Districts
• Goal DCD-1: Support urban development within the City.
• DCD-1.2 Remove regulatory barriers to infill.
• DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible
development or redevelopment, including evaluating possible development
incentives.
• DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports
community values, addresses gaps in functionality and needs, and does not impede
development of the community
10 May 2022
Subdivision Preliminary Plat: West Park
• Goal DCD-3: Ensure multimodal connectivity within the City.
• DCD-3.1 Expand multimodal accessibility between districts and throughout the City
as a means of promoting personal and environmental health, as well as reducing
automobile dependency.
• DCD-3.2 Identify missing links in the multimodal system, prioritize those most
beneficial to complete, and pursue funding for completion of those links.
• DCD-3.3 Identify major existing and future destinations for biking and walking to aid
in prioritization of route planning and completion.
This project is an infill project located within the current city limits. The project
includes significant open space and parks to compliment the surrounding
neighborhoods and adjacent commercial centers. This site also prioritizes multimodal
connections enhancing the pedestrian connections to adjacent neighborhoods and
ultimately commercial districts near by,
Theme 4 - A City influenced by our Natural Environment, Park and Open Lands
• Goal EPO-2: Work to ensure that development is responsive to natural features.
• EPO-2.1 Where appropriate, activate connections to waterways by creating
locations, adjacent trails, and amenities encouraging people to access them.
The West Park Neighborhood has been carefully designed to protect the adjacent
wetland that exist to the east. Rather than looking at these wetlands as a challenge we
are choosing to enhance them, as well as activate portions of them. We believe that
this approach will tie in great to the adjacent Bronken Park and Baxter Creek wetlands.
Theme 5 - A City That Prioritizes Accessibility and Mobility Choices
• Goal M-1: Ensure multimodal accessibility.
• M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric
scooters, powered wheelchairs, etc.).
• M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas,
bike/scooter share, transit service, bike, and pedestrian connections).
• M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding
signage, connections, and enhancements with emphasis on completing network
connectivity.
• M-1.11 Prioritize and construct key sidewalk connections and enhancements.
• Goal M-2: Ensure multimodal safety.
• M-2.5 Develop safe crossings along priority and high utilization pedestrian and
biking corridors.
While the project has been designed with safe streets and access for pedestrians and
bikers, is also comprehensively planned for auto vehicles with sufficient parking
throughout. In addition, the Parks provide for easy and safe pedestrian and bike
connections throughout the project and to adjacent neighborhoods as well.
11 May 2022
Subdivision Preliminary Plat: West Park
Phasing
Common subdivision infrastructure improvements are critical to the projects utility,
transportation and parkland networks. Construction for these improvements will be
phased to provide the logical extension of facilities and recreational opportunities to
the project as it is developed. These common subdivision infrastructure improvements
will need to be installed or financially guaranteed prior to occupancy of any structures
within that phase. The applicant will be requesting to construct site improvements,
including residential structures, concurrently with these common subdivision
infrastructure improvements (Appendix F).
Common Subdivision Infrastructure Improvements are identified on the West Park
Phasing Plan. A list of the Common Subdivision Infrastructure Improvements by phase
is:
Phase 1
• Construct Vaughn Drive from Laurel Parkway to the east Phase 1 Boundary
including water, sewer, and drainage facilities.
• Construct the sewer line in the easement in the northern portion of Phase 1 from
Laurel Parkway to the future extension of Vaughn Drive.
• Relocate the existing drainage facilities draining Laurel Parkway.
• Construct the waterline through Phase 1 to provide a looped system and serve
the residential structures.
• Relocate and enhance the existing wetlands located along the east boundary of
Phase 1.
• Dedicate the Phase 1 Park Area.
• Site improvements will be phased according to the West Park Phasing Plan.
Phase 2
• Extend Vaughn Drive to its connection with the existing Vaugh Drive including
water, sewer, and drainage facilities.
• Begin construction of Park Improvements as Improvements In Lieu of Parkland.
• Site improvements will be phased according to the West Park Phasing Plan.
Phase 3
• Construct Pond Lily Drive from Vaughn Drive to West Babcock Street including
water, sewer, and drainage facilities.
• Continue Construction of Park Improvements as Improvements In Lieu of
Parkland.
• Site improvements will be phased according to the West Park Phasing Plan .
Phase 4
• Complete Park Improvements and Improvements In Lieu of Parkland.
Submitted concurrently with this Preliminary Plat Application is a Site Plan Application
12 May 2022
Subdivision Preliminary Plat: West Park
for Phase 1. All other phases will take the necessary entitlement step when they are
ready. We have included a request for concurrent construction with this application,
please see Appendix F.
II. Preliminary Plat Checklist Items 38.220.040
1. Pre-application information. All information required with the pre -application plan,
as outlined in section 38.220.030.
Response: Acknowledged. All information required with the Pre -Application as been
included in this application.
2.Subdivision information. Name and location of the subdivision, scale, scale bar, north
arrow, date of preparation, lots and blocks (designated by number), the dimensions and
area of each lot, and the use of each lot, if other than for single-household.
Response: Acknowledged. All plans will include the appropriate information listed
above.
3.Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant
information.
4.Streets, roads and grades. All streets, roads, alleys, avenues, highways and
easements; the width of the right-of-way, grades and curvature of each; existing and
proposed road and street names; and proposed location of intersections for any
subdivision requiring access to arterial or collector streets.
Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant
information.
5.Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant
information.
6.Adjoining owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed subdivision.
Response: Acknowledged. Please see the N1 and Adjoiners list included in this
application.
13 May 2022
Subdivision Preliminary Plat: West Park
7.Perimeter survey. A survey of the exterior boundaries of the platted tract with
bearings, distances, and curve data indicated outside of the boundary lines. When the
plat is bounded by an irregular shoreline or a body of water, the bearings and distances
of a closing meander traverse must be given.
Response: Please see the Preliminary Plat Sheets for all relevant information.
8.Section corner. The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
Response: Please see the Preliminary Plat Sheets for all relevant information.
9.Phased improvements. If the required improvements are to be completed in phases
after the final plat is filed, the approximate area of each phase must be shown on the
plat. If a phase depends on improvements not included within the geographic area of a
phase, or if timing of construction of improvements is separate from the timing of
construction of that phase, those improvements and associated phases must be
identified.
Response: Acknowledged. Please see the Phasing plan (Appendix B) indicating the
timing of each public improvement. It is the applicant’s intention to submit a
concurrent construction request to utilize 38.270.030.B.1.b.2. Please see Appendix F for
relevant information pertaining to that request.
10.Contours. Ground contours must be provided for the tract according to the following
requirements: Where the average slope is: Contour intervals must be: Under 10
percent—2 feet (if all lots are over one acre in size, five feet intervals may be used)
Between 10 and 15 percent—5 feet, Greater than 15 percent—10 feet.
Response: Acknowledged. Please see the Preliminary Plat Sheets for all relevant
information.
11.Waivers. List of waivers granted from the requirements of section 38.220.060 during
the pre-application process must be submitted with the preliminary plat application.
Response: Acknowledged. Please see the Preliminary Plat Supplements section below
for more information. The following waivers were granted in the Pre-Application:
Wildlife, Historical Features, and Agriculture.
12.Request for exemption from department of environmental quality review. If the
developer is proposing to request an exemption from the department of environmental
quality for infrastructure plan and specification review, the preliminary plat application
must include a written request from the developer's professional engineer, licensed in
14 May 2022
Subdivision Preliminary Plat: West Park
the state, that indicates the intent to request the exemption, and details the extent of
water, sewer and stormwater infrastructure that will be completed prior to final plat
approval. A detailed preliminary stormwater drainage plan must also be submitted with
the written request.
Response: The applicant proposes to request for exemption from DEQ review. A
written request is included as Appendix J per the submittal requirements.
13.Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.170 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Response: The applicant proposes to request for exemption from DEQ review. A
written request is included as Appendix J per the submittal requirements.
B. The following information must be submitted along with the preliminary plat.
1.Area map. A map showing all adjacent sections of land, subdivision, certificates of
survey, streets and roads.
Response: Acknowledged. Please see the Civil Plan Set as well as the Preliminary Plat
Plan Sheets.
2. Non-compliance with standards.
a. Variances. Provide a written statement describing any requested subdivision
variance and the facts of hardship upon which the request is based (refer to
division 38.250 of this chapter).
b. All others. Provide a written statement: describing any intended departure,
deviation, modification, non-compliance or alternative compliance to any
standard applicable to a subdivision review; providing a BMC citation to the
authority authorizing the non-compliance; and providing the applicable criteria
of review.
Response: The project has been reconfigured since the pre-application submittal and
we are not requesting any variances at this time.
3. Noticing materials required by section 38.220.420.
Response: Please see the N1 and Adjoiners list included in this application.
4.Documents and certificates. Draft copy of the following documents, and certificates
to be printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property
owners' association if covenants are proposed to ensure compliance with
15 May 2022
Subdivision Preliminary Plat: West Park
regulatory standards.
b. Encroachment permits or a letter indicating intention to issue a permit
where new streets, easements, rights -of-way or drive aisles intersect state,
county or city highways, streets or roads.
c. A draft of such other appropriate certificates.
d. Provision for maintenance of all streets (including emergency access), open
spaces to meet requirements of division 38.420 or section 38.410.040, storm
water facilities, and other improvements not dedicated to the public.
Response: Acknowledged. These items have been included in our submittal.
5. Street profile sheets. Profile sheets for street grades greater than five percent.
Response: Acknowledged. The street grades for West Park are under 5% and therefore
this item is not applicable.
6. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the
required review fee. If an authorized representative signs on behalf of an owner of
record, a copy of the authorization must be provided.
Response: Acknowledged. Please see the application forms included in the application.
III. Response to Pre-Application Comments (21-466)
Planning Comments
1. General Comments: The preliminary plat must conform to all requirements of the
Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform
Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM)
(i.e. all parcels created or retraced by the certificate of survey designated by number
or letter, and the bearings, distances, curve data, and area of each parcel).
Response: Understood. Please see the Preliminary Plat Sheets for more information.
2. BMC 38.220.060 - Preliminary plat additional supplements - Required materials for a
complete submission. Please provide the additional supplements not waived as
denoted within these comments per this section of the BMC.
Response: Acknowledged. Please see these supplements below in Section 5.
3. BMC 38.220.080 - Site Plan Submittal Requirements. Required Applications
• Form A1 - Development Review Application
16 May 2022
Subdivision Preliminary Plat: West Park
• Form PP Subdivision Preliminary Plat Required Materials
• Form N1 Noticing Materials
• Wetlands Review Checklist
Response: Acknowledged. All of these application forms have been included in our
submittal.
4. Section 38.220.010. Please ensure all plans are drawn to scale on paper not smaller
than 8 x 11 inches or larger than 24 x 36 inches. Plans must be properly oriented in
landscape mode. Please following digital submittal and naming protocol requirements
as denoted on the Subdivision Preliminary Plat Checklist (PP).
Response: Understood.
5. BMC 38.220.040 - Subdivision preliminary plat - Required submittal materials. Please
provide the requirements as denoted within this section of the BMC.
Response: Understood.
6. BMC 38.220.050 - Preliminary Plat required supplements - Information required for
complete submittal. Please provide the supplement requirements as denoted within
this section of the BMC.
Response: Acknowledged. Please see these supplements below in Section 5.
7. Section 38.220.130. - Section 38.640. Please provide a wetland and watercourse
delineation report and submit any additional information denoted within the wetlands
review checklist as a wetlands review will be applicable during the preliminary plat
process.
Response: Acknowledged. Please see the Wetland report included as Appendix P.
8. Section 38.220.160. - Section 38.250.080. Please provide necessary materials and
requirements for the submittal subdivision variances, if applicable.
Response: Acknowledged. The project has been reconfigured since the pre -application
submittal and we are not requesting any variances at this time.
9. Requested Variances & Determination: Variance 2. Sec 38.410.100 Watercourse
Setback Request variance to allow for Vaughn Drive to encroach into Zone 2 of the
watercourse setback to allow for the required street park frontage per Sec
38.420.060.The subdivision variance will not be supported at this time based on Staffs
comments regarding the street layout and internal connectivity. This subdivision
variance may also not be necessary based on Sec. 38.410.100.A.2.e (3). Please review
17 May 2022
Subdivision Preliminary Plat: West Park
the comments from all departments for more information as well as this section of the
BMC .
Response: Acknowledged. The project has been reconfigured since the pre -application
submittal and we are not requesting any variances at this time.
10. Requested Variances & Determination: Variance 1. Sec 38.400.050 Street and road
right-of-way construction standards. Request variance from City of Bozeman Design
Standards to allow for the radius of the curves on Vaughn Drive entering the project
from the north to be 50 feet which is less than the minimum standard. This subdivision
variance will not be supported at this time based on Staffs comments regarding the
street layout and internal connectivity. Please review the comments from all
departments for more information.
Response: Acknowledged. The project has been reconfigured since the pre -application
submittal and we are not requesting any variances at this time.
11. The supplemental documents outlined in BMC 38.220, part 2 are deemed required
with this application as there are common facilities including city parkland, open space
and the associated stormwater facilities, rights of ways for pedestrians and perimeter
street public lands landscaping required that is the responsibility of the property
owners association to own (open space) and maintain (all). The plat must clearly state
maintenance responsibilities for these facilities and the supplementary documents must
be provided in draft form with the preliminary plat application.
Response: The application includes draft documents for the creation of a property
owners’ association and maintenance responsibilities are identified in the documents
(Appendix D).
12. Section 38.220.310. All areas reserved for open space and other common areas
(i.e., storm water facilities) to be owned and maintained by the property owners
association will need to be identified on the preliminary plat as common open space,
not open space, and so noted accordingly in the property owners association
documents.
Response: Acknowledged. All references have been updated. It understood that all
common open spaces will be owned and maintained by the POA.
13. Section 38.220.320. Covenants, restrictions, and articles of incorporation for the
creation of a property owners association shall be submitted with the final plat
application for review and approval by the Department of Community Development and
shall contain, but not be limited to the following items: provisions for snow removal,
provisions for fences (if applicable), maintenance and upkeep of all common areas,
trails, open space, storm water runoff facilities, landscape details for detention ponds,
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Subdivision Preliminary Plat: West Park
outlet structures, boulevard trees, parkland, irrigation, etc., noxious weed control, and
any other applicable provisions. These documents shall be submitted to the city
attorney and shall not be accepted by the City until approved as to legal form and
effect. A draft of these documents must be submitted for review and approval by the
Community Development Department at least 30 working days prior to submitting a
final plat application. These documents shall be executed and submitted with the initial
final plat to be filed with the Gallatin County Clerk and Recorder at the time of final
plat recordation.
Response: Acknowledged. Please see Appendix D.1—D.3 for our proposed CCR’s, Bylaws
and Design Regulations.
14. Section 38.270.040, Special provisions for timing of certain improvements. Park,
pathway, boulevard, and neighborhood center improvements must be installed or
financially guaranteed prior to final plat approval.
Response: Acknowledged. Please see the Appendix B: Phasing plan indicating the timing
of each of these improvements. It is likely that portions of these improvements will be
financially guaranteed.
15. Section 38.270.030, Completion of Improvements. If it is the developers intent to
file the plat prior to the completion of all required improvements, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion
of all improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
Response: Understood. It is the applicants request to ask for concurrent construction
under 38.270.030.B.1.b.2 and financially guarantee any outstanding improvement to
allow for the concurrent vertical construction. Please see Appendix F for more
information about this request.
16. Section 38.240.050 Disposition of water rights, Sec. 38.410.130 Water adequacy -
Water rights, or cash -in-lieu thereof, as calculated by Griffin Nielsen, with the City of
Bozeman Engineering Department,, is due with the filing of the subdivision final plat.
Response: The West Park Subdivision property is not associated with any existing water
rights that have value to the development. A number of stock water rights are
associated with the property.
The applicant’s team has been in contact with DNRC to discuss the potential allocation
of exempt rights for the property prior to and subsequent to the recent rule
clarification. It is our understanding that the existing four lots of Phase 6 of the Norton
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Subdivision Preliminary Plat: West Park
East Ranch Subdivision are allowed a combined total of one 10 acre -feet exempt right.
A formal request has been made to DNRC and the team is awaiting a response. The
request email is included as Appendix U.
Please refer to the park and open space plan for a description of the location of
proposed wells and the proposed water use from the wells.
The applicant will work with Griffin to determine CILWR.
17. Section 38.240.110, A complete preliminary plat application shall be submitted to
the Community Development Department within one calendar year of the date the
Community Development Department dates, signs and places pre -application comments
within ProjectDox.
Response: Understood.
18. BMC 38.240 - Subdivision procedures Part 5 Subdivision certificates. Please ensure
all applicable subdivision certificates are shown on the preliminary plat accordingly.
Response: Acknowledged. Please see the Preliminary Plat sheets for all required
certificates.
19. Sec. 38.350.060.B. Relation to linear parks. Fences located in the rear or side
setback of properties adjoining any city linear park must have a maximum height of four
feet. (if applicable)
Response: Acknowledged. A statement is included in the Design Regulations limiting the
height of fences along the Linear Park.
20. Sec. 38.400.010. A. 1. Relation to undeveloped areas. When a proposed
development adjoins undeveloped land, and access to the undeveloped land would
reasonably pass through the new development, streets and alleys within the proposed
development must be arranged to allow the suitable development of the adjoining
undeveloped land. Streets and alleys within the proposed development must be
constructed to the boundary lines of the tract to be developed, unless prevented by
topography or other physical conditions. If the development being reviewed is a
subdivision, a request for an alteration of this standard must be processed as a
subdivision variance. If the development being reviewed is not a subdivision, a request
for an alteration of this standard must be reviewed against the criteria of section
38.250.080.B, but will not alter the review authority who would otherwise decide upon
the application .Please provide a street layout with connection to the eastern property
boundary to provide an east-west connection from Laurel Parkway to future connection
to North Cottonwood Road.
20 May 2022
Subdivision Preliminary Plat: West Park
Response: Acknowledged. An easement for a future extension of Cascade St. is
provided of the preliminary plat. This easement has been discussed with staff in some
detail. Email correspondence with Lance Lehigh is provided in Appendix V. Due to the
critical nature of the wetland area along the east boundary of the project the proposed
internal roadway network (Vaughn Dr.) extends along the wetland boundary. A public
street easement is provided over the wetlands to allow for the future extension of
Cascade St. from the east.
21. Sec. 38.400.080. Sidewalks. City standard sidewalks must be constructed in all
developments on all public and private street frontages. The requirements of the city
design standards and specifications policy and the city modifications to state public
works standard specifications and per the block frontage standards of division 38.510
apply. Additionally, the developer 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. Applicable sidewalks and development frontages adjacent
to public lands are subject to the provisions of section 38.510.030.I.
Response: Acknowledged. Sidewalks and trails will be installed in the appropriate
phase of construction.
22. Section 38.400.070 Street Lighting. Provide street lighting plans consistent with
Section 38.570.030 compliant with the City of Bozeman Design Standards and
Specifications Policy to be incorporated into an SILD to be reviewed by the City
Commission.
Response: Acknowledged. Please see the lighting plan set for all lighting information.
23. Section 38.400.110.B.1, Transportation Pathways. Developers must install
transportation pathways, to provide adequate multimodal transportation facilities
within the development, as part of the required development improvements.
Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and
include the following types of facilities:
a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the
applicable block frontage designation);
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
i. With the exception of trail corridors within required watercourse setbacks,
corridors for Class I trails must be dedicated to the city. The dedicated trail
corridor must be at least 25 feet in width to ensure adequate room for the
construction, maintenance and use of the trail. Transportation trail corridors
cannot be used to satisfy parkland dedication requirements; and
e. Pathways that connect community or neighborhood commercial nodes by a
21 May 2022
Subdivision Preliminary Plat: West Park
reasonably direct route; or
f. Pathways that connect major residential, employment, educational, or other
service nodes by a reasonably direct route.
Response: Acknowledged. All sidewalks will be ADA Accessible and our proposed PROST
trail is planned to be built zone 2 of the watercourse setback.
24. BMC 38.410.020 - Neighborhood Centers. All residential subdivisions or planned
unit developments that are ten net acres in size or greater, must have a neighborhood
center. Developments may be exempted from this requirement if every lot within the
development is within one-half mile of an existing neighborhood center. Generally, the
center must be no less than one acre in size. Please provide further clarification on the
location of the neighborhood center for the subdivision and ensure the provisions of
this section are met.
Response: Please see Section 5 below for more information about neighborhood
centers.
25. BMC 38.410.040 - Blocks. A north-south separation between Lot 1 and 2 is required
to meet block width requirements. Staff is sensitive to the constraints of the wetlands
areas within this area, however must ensure proper internal circulation via a street with
sidewalks or pedestrian facility running N-S.
Response: Acknowledged. Please see the updated site plan and Preliminary Plat sheets.
A North South block separator has been included. The easement is proposed to be 10’
wide with 10’ building setbacks.
26. Section 38.410.040.D - Rights-of-way for pedestrians. Landscape and irrigation plans
must be submitted with the preliminary plat application for the required landscaping in
these rights of ways with the preliminary plat. This area must provide trees at one per
every fifty feet in place of street trees. Utilize species recommendations for street
trees. Maintenance of these rights of ways is the responsibility of the property owners
association and must be represented in the POA documents required in BMC 38.220
part 2.
Response: Acknowledged. Please see the Landscape and Irrigation plan Set for more
information.
27. BMC 38.410.060 - Easements. In subdivisions, all easements must be described,
dimensioned and shown on the final plat in their true and correct location (i.e. utility
easements, a public access easement for any common open space lot, etc).
Response: Understood. Please see the appropriate Preliminary Plat sheets for all
relevant Easement information.
22 May 2022
Subdivision Preliminary Plat: West Park
28. BMC 38.410.080 - Grading and drainage. Stormwater facilities must be provided for
the public streets. All lots provided to accommodate stormwater from the public streets
must be titled common open space lots with the correct lot and block number
depending on location. The common open space lots must be maintained by the POA
and noted accordingly in the documents required in BMC 38.220 part 2 and on the
conditions of approval sheet of the plat. BMC 38.410.080.H. outlines the requirements
for stormwater drainage facilities including landscape design if stormwater surface
facility is proposed. Landscape and irrigation plans must be submitted with the
preliminary plat application for the required landscaping in all open space lots.
Response: Acknowledged. All stormwater from public right of ways will be located on a
common open space lot and will be maintained by the POA. Additionally, there will be a
note on the Preliminary Plat indicating the maintenance of these common open space
areas. Landscaping plans showing these open space areas have also been included in
the submittal.
29. Sec. 38.410.120 Mail delivery. If mail delivery will not be to each individual lot
within the development, the developer must provide an off -street area for mail delivery
within the development in cooperation with the United States Postal Service. The city
will not be responsible for maintaining or plowing any mail delivery area constructed
within a city right-of-way.
Response: Acknowledged. We will coordinate all mail delivery locations with USPS.
30. Sec. 38.420.060. - Frontage. Parkland, excluding linear trail corridors, must have
frontage along 100 percent of its perimeter on public or private streets or roads. Based
on the proposed street layout, the proposed parks do not meet this section of the BMC.
Please revise the street layout in order to provide 100% frontage of all proposed parks
perimeters.
Response: Acknowledged. Our park is proposed to be a linear park and is exempt from
this requirement.
31. Sec. 38.420.080. Park development. Please ensure the proposed parks are in
conformance with this section of the BMC.
Response: Acknowledged. Please see the Parks Master Plan included as Appendix E for
more information relating to the proposed parks.
32. Section 38.550.070 - All perimeter street boulevard, street trees and landscaping
must be installed within one year of final plat approval. Landscape plans for these
areas and all internal pathways by phase must be submitted with the preliminary plat
application. Perimeter streets for this subdivision include West Oak, Cottonwood Rd,
23 May 2022
Subdivision Preliminary Plat: West Park
Baxter Lane, and all internal pathways by phase. Provide provisions for phased
improvements as necessary.
Response: Understood. We are proposing street trees for Perimeter streets, Laurel
Parkway and West Babcock. Please see the Landscape plan set for more information.
33. General Comment: Please provide the A1 Development Form for any further
submittals.
Response: Understood.
34. General Comment: Please include the numbers of adjoining certificates of survey
along with adjacent lot and tract lines on preliminary plat.
Response: Understood. Please see the Preliminary Plat sheets for this information.
35. General Comment: Please include the owners of any existing or proposed streets,
roads, and easements within the proposed subdivision and adjacent subdivisions and
tracts.
Response: Understood. Please see the Preliminary Plat sheets for this information.
36. General Comment: Location of all existing structures, including buildings, railroads,
power lines towers, and improvements inside and within 100 feet of the proposed
subdivision.
Response: Understood. Please see the Civil Plan Set for this information.
37. General Comment: Please clarify the note denoted on the Preliminary Plat Map
which states all proposed public streets are to be 35 feet width as the streets within the
proposed subdivision are either 60 feet or 90 feet in width.
Response: Understood. Please see the Civil Plan Set for this information.
38. General Comment: Please provide justification for the lack of pedestrian or street
separation for lot 4.
Response: The programming for Lot 4 has not been sufficiently designed to accurately
depict where the pedestrian connectivity will occur. It is understood that this lot will
require a block separator to break up this block. It is our intention that this lot will
conform will all UDC requirements at the Site Plan review entitlement process.
39. General Comment: Grammatical Errors: page 6 of Narrative 1st paragraph 10 lots
should be 11 lots, page 7: Phase 2 Vaughn misspelled.
24 May 2022
Subdivision Preliminary Plat: West Park
Response: Understood.
40. Requested Waivers & Determination: Sec. 38.220.060.A.5. Vegetation - Staff is
unable to grant a waiver for the vegetation supplement based on the indication that
there is a lack of major vegetation types or critical plant species known to be present
on the subject property. Based on the wetlands located on the property, identifying
major vegetation and critical plat species must be indicated through a vegetation map
per this section of the BMC. If any of these species are identified, please describe
protective measures for preservation of these communities.
Response: Understood. Please see the Preliminary Plat Supplements section below for
more information.
41. Requested Waivers & Determination: Sec. 38.220.060.A.6. Wildlife- Staff grants a
waiver for the wildlife supplement based on the indication of no wildlife impacts from
the Montana Department of Fish, Wildlife, and Parks. Sec. 38.220.060.8. Agriculture -
Staff grants a waiver for the agriculture supplement based on the indication that the
subject property is not a viable farm unit. Sec. 38.220.060.7. Historical Features - Staff
grants a waiver for the historical features supplement based on the indication of no
historical features are present and no structures existing on the subject property. Sec.
38.220.060.9. Agricultural Water User Facilities - Staff grants a waiver for the
agricultural water user facilities supplement based on the indication of no active
agricultural water facilities located within this subject property.
Response: Acknowledged. Agricultural Water user Facilities wavier was not granted by
Engineering. Please see all relevant information on this topic in the Supplements to the
Preliminary Plat below.
42. Section 38.400.110.B.2, Recreation pathways. For the definition of recreation
pathways, please see section 38.420.110.B. Delineate recreation and transportation
pathways in the preliminary plat submittal.
Response: Acknowledged.
43. Section 38.400.110.F. Pathway maintenance. Trails within and adjacent to the
proposed development, as well as off-street pathways (i.e., sidewalks and boulevard
trails) along external development streets, must be maintained by the developer
(including snow removal) in accordance with an approved maintenance plan until 50
percent of the lots within the development are sold. Thereafter, the property owners'
association must be responsible for maintenance. The property owners' association may
establish an improvement district to collect assessments to pay for the maintenance.
Response: Acknowledged.
25 May 2022
Subdivision Preliminary Plat: West Park
44. Section 38.400.110.G. Pathway easements. Where pathways cross private land or
common open space, the proper public access easements must be provided. Public
access easements for pathways must be at least 25 feet wide. The director of public
works may accept an alternate easement width when said easement is parallel to a
road ROW. Please provide pathway easements for any proposed midblock crossings and
pedestrian pathways (i.e. east-west crossing through Phase 1 and Phase 2).
Response: These East/West Pedestrian easements are considered Rights-of-Ways for
Pedestrians (34.410.040). Outlined in that section, ROWs are required to be a minimum
of 10’ and also have a 10’ building setback off that easement. it is the applicants
intention to utilize this 10’ easement with the 10’ setback for all block separators.
Engineering Comments
1. The applicant has not provided adequate information demonstrating the need or
facts of hardship that prevent the applicant from complying with the design standards
and municipal code. BMC 38.250.080
Response: Acknowledged. The application now complies the design standards and city
code.
2. Engineering does not support the waiver of the requirements of BMC 38.220.060.A.9
Agricultural Water User Facilities. The applicant must submit the Agricultural Water
User Facilities supplement with the preliminary plat application.
Response: Acknowledged. Please see Preliminary Plat Supplements section below for
all information relating to this item.
3. The applicant is proposing building in the existing stormwater easement. This
easement must be released prior to site plan approval.
Response: It is the applicants intent to prepare the appropriate documents to release
the existing temporary stormwater easement concurrently with the filing of the final
plat.
4. The applicant must demonstrate that the proposed stormwater lots are large enough
to accommodate the required stormwater infrastructure.
Response: The stormwater ponds have been modified and additional design work has
been completed to confirm that the stormwater lots are adequately sized. The
detailed design will be submitted with the infrastructure submittal.
5. The City prefers not to have sanitary sewer mains route from a public right -of-way
across a private lot. Please consider other alignment options that wlll adequately serve
26 May 2022
Subdivision Preliminary Plat: West Park
the subdivision.
Response: The location proposed for the sanitary sewer is the only route available to
serve the property as the sewer needs to tie into the North Ranch Lift Station.
6. The applicant should consider how adequate maintenance access will be provided for
all of the stormwater infrastructure. As proposed, some of the storm infrastructure
maybe difficult to access for maintenance.
Response: The location of stormwater infrastructure has been modified and access will
be provided. The detailed design will be submitted with the infrastructure submittal.
7. The transportation layout presented does not demonstrate the connectivity within
the development or to adjacent developments that meets the goals of the Bozeman
Transportation Master Plan. The applicant is advised to consider and demonstrate how
all forms of transportation will move through the development and to adjacent
developments in a way that provides for increased performance, efficiency, and
connectivity.
Response: The project layout has been modified since the preapplication plan and
connectivity within the development to adjacent developments has been improved. The
park plan and road layout shown on the preliminary plat identify improved pedestrian
transportation routes compared to the preapplication plan. An easement is shown on
the preliminary plat to allow for the future extension of Cascade Street in the future if
needed or required at some point.
8. The extent of Cascade Street for Phase 1 is considered a dead -end and must comply
with City design specifications and standards, and with any city-adopted International
Fire Code. No dead-ends longer than 150 feet are permitted without an approved turn-
around. The applicant must provide an engineering approved turn around for
emergency vehicles. BMC 38.400.010 (A) (5)
Response: Acknowledged. The termination for Vaughn Drive in phase one is less than
150’ past the drive access onto that lot.
Parks Comments
1. Staff does not support residential lots in this location. Redesign Vaughn Drive to
have continuous frontage along the existing and proposed parks. BMC 38.420.060.
Response: Acknowledged. Vaughn Drive as been redesign to eliminate that lot. This
north area will be added to the park.
27 May 2022
Subdivision Preliminary Plat: West Park
Stormwater Comments
1. Watercourse setbacks must include adjacent wetlands. More information is needed
to determine if stormwater impoundment is located outside of Zone 1 of the setback as
described in BMC 38.410.100. Also consider that stormwater capacity must be provided
above the high groundwater level.
Response: The only watercourse on the property is Baxter Creek. The watercourse
setback extends past the adjacent wetlands which is all located in the proposed park
and no stormwater facilities are proposed in the park.
2. Per 38.220.030, topographic features and utilities need to be shown on and adjacent
to the property. Watercourses, drainage channels, areas of seasonal water ponding and
storm sewer infrastructure must be shown on the plan. How is drainage conveyed
across Babcock Street, through this property and across Laurel Parkway?
Response: The preliminary plat shows the utilities and topographic features adjacent to
the subdivision. Baxter Creek is the only watercourse on the property and that is
shown on the preliminary plat. There are no drainage channels on the
property. Stormwater infrastructure is shown on the preliminary plat. The stormwater
drainage for Babcock Street was completed as part of Phase 1 of Norton Ranch
Subdivision, on the far east side of the property drainage from Babcock flows to the
east and is eventually conveyed to Baxter Creek, the remainder of the stormwater from
Babcock flows to the west to two stormwater ponds that discharge into adjacent
wetlands and cross under Laurel Parkway and as such are directed away from the
proposed subdivision.
IV. Response to Preliminary Plat Approval Criteria
Response to Applicable Subdivision Review Criteria (BMC Sec. 38.240.130)
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act.
The Preliminary Plat demonstrates compliance with the survey requirements of Part 4
of the Montana Subdivision and Platting Act and has been prepared by a Professional
Engineer registered in the State of Montana. The subsequent Final Plat will comply with
State statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act.
This application is in compliance with the local subdivision regulations provided for in
Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the
standards identified and referenced in the Bozeman Municipal Code (BMC).
28 May 2022
Subdivision Preliminary Plat: West Park
3. Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act.
This Preliminary Plat is undergoing review according to the procedures provided for in
UDC Section 38.240.130 and Part 6 of the Montana Subdivision and Platting Act.
4. Compliance with Chapter 38, BMC and other relevant regulations.
The application is in compliance with Chapter 38, BMC and all other relevant
regulations, or, as stipulated in any unmet code provisions, will be in substantial
compliance prior to Preliminary Plat approval.
5. The provision of easements to and within the subdivision for the location and
installation of any necessary utilities.
All necessary utility easements have been provided for, both to and within the
subdivision, as shown on the Preliminary Plat.
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 subdivision parcels have been provided with legal and physical, as shown on the
Preliminary Plat, which includes the relevant instrument numbers as required.
Primary Subdivision Review Criteria, Section 76 -3-608
1. The effect on agriculture.
The subject property is designated as Urban Neighborhood according to the City of
Bozeman Community Plan. The area is zoned Residential High Density (R-4) and has
been annexed but is vacant. The buildable portion of the proposed subdivision is
residential. This site has been vacant and not farmed for several years. The subdivision
will not have adverse effects on surrounding agricultural operations.
2. The effect on Agricultural water user facilities.
All agricultural water uses facilities on and adjacent to this project will be protected.
The applicant has worked with the Ditch Company to ensure that all agricultural water
uses facilities will be protected and that access for maintenance is adequately provided.
3) The effect on Local services.
29 May 2022
Subdivision Preliminary Plat: West Park
Water/Sewer – Municipal water and sewer mains exist within the development and in
the adjacent street rights of way of to serve the development. The subdivider proposes
to extend water and sewer mains throughout the development and to the individual
lots within the subdivision. These internal water and sewer mains will be installed or
guaranteed prior to final plat approval.
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 utilizes Laurel Parkway (collector), and
West Babcock (collector) to provide primary site connectivity. Other internal local
streets provide access to all lots. The project is well connected and meets block length
requirements with the proposed streets and pedestrian midblock crossings.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified. The necessary
addresses will be provided to enable 911 response to individual buildings prior to
recording of the final plat.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that
standards have been met. Maintenance of the storm water facilities is an obligation of
the property owners’ association. This responsibility is addressed on the plat proposed
with the subdivision.
Parklands - The proposal meets the required park dedication and improvement
standards as described in Appendix E.
4) The effect on the Natural environment.
The subdivision will not have a significant effect on the Natural environment. West Park
was designed with a focus on preserving the natural elements that exist within the
property. Natural watercourse corridors are being maintained with 50 -ft wetland
setbacks provided along the existing wetland boundary. All required wetland permits
will be secured prior to any disturbance of wetlands on site.
The watercourse setback for the watercourse is located within the proposed parks
corridor, and this area is to be protected as part of the overall development of the
parks. The project proposes to use native and drought -tolerant plants where practical
(and allowed under City standards). Watercourse plantings along the site’s natural
watercourses will also be provided. Parks and open spaces will be irrigated with
exempt irrigation wells using efficient watering techniques and technologies to promote
water conservation. See Appendix E – Parks Master Plan for additional information on
the proposed plantings and irrigation plan.
30 May 2022
Subdivision Preliminary Plat: West Park
5) The effect on wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat at this
property. The Parks Master Plan (Appendix E) has demonstrated a dedication to
preservation and enhancement of the riparian corridors. There are no known
endangered or threatened species on the property.
6) The effect on Public Health and Safety
The proposed subdivision will not have a negative effect on public health and safety. All
infrastructure will meet or exceed City standards and will protect public health and
safety. The improvements to wetlands will not impact the project site.
The project will be further reviewed through future Final Plats and Site Plans to ensure
the intent of the regulations in Chapter 38 of the Bozeman Municipal Code is met.
Chapter 38 includes the protection of public health, safety, and general welfare as a
foundational tenet; therefore, the subdivision continues to be reviewed with this
expectation in mind. DRC review has shown that this submittal is in general compliance
with the Chapter 38, and conditions of approval are expected in response to this
submittal where additional information is required to ensure approval. All subdivisions
must be reviewed against the criteria listed in 76 -3-608.3.b-d, Mont Code Annotated,
and this narrative demonstrates compliance with the requirements as shown herein.
V. Preliminary Plat Supplements 38.220.060
1. Surface Water
Baxter Creek flows through the easterly portion of the proposed subdivision and is the
only natural surface water body on the property. The project will reclaim the borrow
pit in the southeast corner of the property and provide for an enhanced wetland in this
area. For additional information see the memorandum in Appendix P.
2. Flood Plains
Baxter Creek flows through the easterly portion of the proposed subdivision. There is
not a defined floodplain associated with Baxter Creek as it has not been mapped as part
of the FEMA process. The Baxter Creek corridor will be located in a proposed park as
part of the subdivision. As part of the original Norton East Ranch Annexation and Phase
1 of Norton East Ranch Subdivision, the owner of the property at that time placed a
covenant on the Baxter Creek corridor which limits almost all activity within the
corridor as such the floodplain impacts on the developable land within the proposed
subdivision will be limited.
A flood hazard study has been completed for Baxter Creek and the results of that study
are included in the Appendix Q. The conclusion of the study is Baxter Creek will be
contained within the watercourse setbacks. The width of the flood hazard area varies
31 May 2022
Subdivision Preliminary Plat: West Park
from approximately 40 feet to 130 feet. The flood hazard area will not impact any
aspects of the proposed development.
3. Groundwater
Groundwater at the site has been monitored at seven locations across the property
since March of 2021. The data indicates that the shallowest groundwater period is in
May with levels ranging from less than 1 foot to approximately 2.5 feet. The relatively
shallow groundwater is typical of the area and the project will be designed to account
for the shallow groundwater levels.
A memorandum with exhibits is included in Appendix K.
4. Geology; Soils; Slopes
Castle Rock Civil & Geotechnical Engineering conducted a field investigation of the site
in 2020 and developed recommendations for development of the site in a report dated
April 10, 2020. A copy of the report is included as Appendix L. The following section
respond to the requirements of BMC 38.220.060 A. 4.
Geologic Hazards
There are no known natural geologic hazards on the site. There was mining activity in
the southeast quadrant of the subdivision. Most of the mining activity was located on
what will be open parkland; however a portion of the mining activity was located on Lot
D and based on the Geotechnical Report it is recommended that a more detailed
geotechnical investigation be completed to determine the extents of the mining activity
and to develop recommendations for building on the mining disturbed area if any roads
or building are proposed for the disturbed area on Lot D.
Protective Measures
Refer to above paragraph.
Unusual Features
There are no unusual features on the site. The site has high groundwater but that is
typical of most areas being developed in Bozeman and as such is not unusual. There are
no slopes greater than 15% on the site.
Soils Map
A soils map and NRCS soil information is included in the Geotechnical Report.
Cuts and Fills
It is not anticipated that cuts or fills will exceed three feet on the project.
5. Vegetation
A memorandum and map regarding vegetation is included as Appendix R and the weed
management plan is included as Appendix I. All critical plant communities will be
protected as they reside within an area of the project that is protected by a restrictive
32 May 2022
Subdivision Preliminary Plat: West Park
wetland protection covenant.
6. Wildlife (Waiver Granted)
No additional impacts or hazards are anticipated.
7. Agriculture (Waiver Granted)
No additional impacts or hazards are anticipated.
8. Agricultural Water User Facilities
There are no active agricultural water user facilities on the property. Please refer to
Appendix S for all information and exhibits related to Agricultural Water User Facilities.
9. Water and Sewer
Please see the water and sewer design report included as Appendix P.
10. Stormwater Management
A stormwater management plan is included as Appendix M. Stormwater runoff from the
right of ways will be directed as street runoff to inlets and then conveyed to
stormwater retention ponds for storage and treatment. The stormwater from the
individual sites will be addressed with each individual site as part of the site plan
review process. For example the site plan for Lot A includes underground retention
facilities to address stormwater storage and treatment.
11. Streets, Roads & Alleys
A traffic study has been completed for the development by Abelin Traffic Services and is
included as Appendix C. The following text is provided in the order outlined in BMC
38.220.060 A. 11. to provide information not included in the traffic study and to
highlight conclusions of the traffic study.
Description
West Park Subdivision is bordered by Babcock Street on the south, Laurel Parkway on
the west, and has access to Vaughn Drive to the north. The internal subdivision roads
will consist of an extension of Vaughn Drive for its current terminus to Laurel Parkway
and an extension of Pond Lily Road from Babcock Street to its proposed connection to
Vaughn Drive. The proposed roads will be city standard local roads with a width of 35
feet based on top back of curb.
Phase 6 of Norton East Ranch included road easements that vary in location from the
proposed roads and as such will need to be vacated prior to filing of the final plat for
West Park Subdivision. Phase 6 of Norton East Ranch includes an easement to extend a
street to the east boundary of the property in line with an existing easement on the
adjacent property. The West Park Subdivision includes this easement in a slightly
different location but still in line with the existing easement to the east. It is noted
that there is a covenant placed on the property by the original developer in cooperation
33 May 2022
Subdivision Preliminary Plat: West Park
with the Army Corp of Engineers to protect wetlands which may make construction of
this future road problematic.
Bicycle and Pedestrian Pathways
West Park Subdivision is bordered on the south and west with streets that incorporate
bike lanes. No additional bike specific infrastructure is proposed for the property.
Pedestrian facilities will be provided as follows:
• Sidewalk (5’ wide) along Babcock Street frontage
• Sidewalk (5’ wide) along Laurel Parkway frontage
• Sidewalks (5’wide) along both sides of the proposed local streets
• Midblock pedestrian pathways are proposed through the middle of Lot A and Lot B
going east-west and in the open space between Lot A and Lot B going north -south.
Final location and configuration of these pathways will be completed as part of the
site plans for each lot. These pedestrian pathways will be 5 foot wide sidewalks
located in 30 foot wide easements.
• East-west and north-south pedestrian pathways will be provided on Lot C with the
final location and configuration determined during the site plan review process.
These pedestrian pathways will be 5 foot wide sidewalks located in 30 foot wide
easements.
• An east-west pedestrian pathway will be provided on Lot D with the final location
and configuration determined during the site plan review process. These pedestrian
pathways will be 5 foot wide sidewalks located in 30 foot wide easements.
• Refer to the park plan for additional pedestrian facilities located in the proposed
park.
Access to Arterials
There are no arterial streets located adjacent to the development.
Modification of Existing Streets
The only modification to an existing street is to modify Vaughn Drive at its current end
point.
Dust
No gravel alleys are proposed and as such no dust control provisions are provided.
Pollution and Erosion
Maintenance of the proposed streets will be completed by the City of Bozeman. The
applicant does not have detailed information on how the City maintains its streets to
meet the Department of Environmental Quality guidelines for the prevention of water
pollution and erosion.
Traffic Generation
As detailed in the traffic study, the project is anticipated to produce up to 2,376 new
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Subdivision Preliminary Plat: West Park
daily traffic trips when fully built out at 500 units. Additional detail can be found in
Appendix C: Traffic Impact Study.
Capacity
The traffic study evaluates the level of service of intersections before and after the
proposed development and identifies that future capacity problems will exist at the
intersections of Fallon/Cottonwood and Durston/Laurel Parkway if the capital
improvements listed in the City of Bozeman’s Capital Improvement Plan are not
implemented in a timely fashion.
Traffic Calming
Traffic calming curb bulbs are planned for the intersection of Vaughn Drive and Pond
Lily and on Vaughn Drive at the park pedestrian access at the future location of the
extension of Cascade Street. These traffic calming devices are shown on the
preliminary plat with additional detail provided with the infrastructure plan submittal.
Compliance with 38.270
The planned schedule is to proceed with infrastructure and site improvements on Site A
concurrently. Laurel Parkway provides direct access to Site A and will be constructed
by others prior to any work taking place on Site A. The improvements on Laurel Parkway
will provide adequate transportation access to Site A. All improvements will be secured
with an improvements agreement as required by the code.
12. Non-municipal Utilities
The following publicly and privately owned utilities have been notified and provided
copies of the Preliminary Plat and Phase A Site Plan for the West Park Neighborhood:
• Northwestern Energy (gas and electric)
• Lumen (communications)
• Charter (communications)
• Yellowstone Fiber (communications)
Copies of the letters to each of these utilities requesting design input are included,
along with any other correspondence.
Northwestern Energy will provide natural gas and electric service to the development.
These facilities will be located in public utility easements along the roadways within the
subdivision. New electric and natural gas lines will be placed underground.
Lumen and/or Charter Communications and/or Yellowstone Fiber will provide cable,
telephone and fiber service to the development. These facilities will be located in
public utility easements along the roadways within the subdivision. New lines will be
placed underground.
The Preliminary Plat illustrates the existing water, sewer, storm and dry utilities
present on the site and adjacent to the site.
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Subdivision Preliminary Plat: West Park
13. Land Use.
Please see a detailed analysis of the proposed land uses in Section 1 above.
14. Parks and Recreation Facilities
Please refer to the Parks Master Plan in Appendix E for all details on the proposed Parks
and Recreation Facilities.
15. Neighborhood Center Plan
While the West Park Neighborhood is greater than 10acres it is across the street from
the existing Norton East Phase 1 Park/Neighborhood Center and therefore is exempt
providing one on site.
West Park has prioritized parks and open space and as a result we are also providing a
qualifying neighborhood center meeting the requirements of 38.410.020 on site as well.
it is our intention that the east side park serves as the neighborhood center. The park
will be constructed in two phases but there will be significant improvements installed in
both phase. Please see the Parks Master Plan Appendix E for more information about
the phasing of improvements. The qualifying criteria for these location are described
below:
• 38.410.020.A.1 - The proposed neighborhood center is within 600’ of the
geographical center of the site.
• 38.410.020.A.2 - While this is one park it is proposed that the improvements will be
constructed in 2 phases. Both phases contain significant park features and
amenities.
• 38.410.020.A.3&4 - This neighborhood center has less than 100% frontage but more
than 50%. Maintenance of this neighborhood center is further described in the Parks
Master Plan Appendix E.
• 38.410.020.A.5&6 - this neighborhood center is also being use to meet our parkland
requirements for the project. There is significant area in land used as open space
with enhanced natural features and a nice gathering space in the middle. These
natural amenities and trails will link into the trails at the Lakes at Valley West
creating a much larger network of trails.
16. Lighting Plan
Per BMC 38.220.060 A. 16. a lighting plan is only required where lights are proposed
other than within the street right-of-way. There are no subdivision lights proposed
outside of the street right-of-way. The proposed location of lights within the right -of-
way are shown on the preliminary plat drawing.
17. Miscellaneous.
Public Lands
There are public lands adjacent to or within 200 feet of all sides of the subdivision. All
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Subdivision Preliminary Plat: West Park
such public land is City parkland. The subdivision will not have any negative effect on
access to this public land. The proposed development will provide additional access to
the Baxter Creek corridor park through the construction of trails within the proposed
park and a connecting trail to the Baxter Creek corridor park.
Hazards
There is no current mining on the site, no high pressure gas lines, no structures and no
high voltage power lines on the property. As noted in the soils section of the narrative
the mining that has occurred on the southeast corner of the site presents a potential
hazard for construction of buildings or roads if the mined area is not remediated prior
to such construction. This concern is only associated with a portion of Lot D.
Wildlands-Urban-Interface
The proposed development is located a significant distance away from wildlands and
surrounded by urban development. It is not anticipated that any extraordinary
provisions are required to reduce structure ignitability for the development.
18. Affordable Housing
The State of Montana has limited Municipalities ability to enact Inclusionary Zoning and
require affordable housing. It is the applicants intent to study the affordability and to
provide affordable housing where reasonable.
19. proposed subdivision advances the adopted growth policy.
Please see a detailed analysis of the proposed land uses in Section 1 above.