HomeMy WebLinkAbout22178_West_Park_Neighborhood_Preliminary_Plat_Findings_of_Fact_and_Order DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6
22178 Findings of Fact and Order for the West Park Neighborhood
Subdivision Preliminary Plat and Variances
Public Hearing Date: Community Development Board acting as the Planning Board met on
Monday, February 6, 2023 at 6:00 pm.
View the Community Development Board MeetingVideo.
ideo.
City Commission met on Tuesday, February 28, 2023 at 6:00 pm.
View the City Commission Meetin_. Video.
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Project Description: A major preliminary plat subdivision application requesting permission for
the division of 40.83 acres into four(4) developable lots zoned R-4, one (1) city park
lot, and two (2) open space lots, easements, and associated rights of way. The site is
located south of Vaughn Dr., east of Laurel Pkwy., and north of W. Babcock St.
Additionally, the applicant is requesting four subdivision variances related to the
following code sections: BMC 38.400.010.A.I - Relation to undeveloped areas, BMC
38.400.010.A.2 - Relation to developed areas, and BMC 38.400.010. -Block
Length. These subdivision variances are in regards to the extension of Cascade St. to the
eastern boundary of the subject property, the extension of Water Lily Dr. to W. Babcock
St. on the southern boundary of the subject property, and block length between the
existing Cottonwood Rd. and the proposed Pond Lily Dr. along W. Babcock St.
Project Location: The property is legally described as Lots RIA, RIB, RIC, and RID of
Norton East Ranch Subdivision Phase 6, 509, T02 S, R05 E, Acres 6.63, P.M.M., City of
Bozeman, Gallatin County, Montana, according to the official plat J-694 thereof on file
and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. The legal description will changed upon approval and recordation of the
associated West Park Subdivision Final Plat Application.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions, code provisions, and variances.
Community Development Board (CDB) acting as the Planning Board Motion: Having
reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 22178 and move for the Community Development Board in its capacity as the
Planning Board to recommend approval of the subdivision with conditions and subject to
all applicable code provisions and subdivision variances.
City Commission Motion: Having reviewed and considered the application materials,public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 22178 and move to approve the subdivision variance to BMC
38.400.010.A.1. related to the extension of Cascade Street to the east property line
subject to conditions and all applicable code provisions.
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City Commission Motion: Having reviewed and considered the application materials,public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 22178 and move to approve the subdivision variance to BMC
38.400.010.A.2. related to the extension of Cascade Street to the east property line
subject to conditions and all applicable code provisions.
City Commission Motion: Having reviewed and considered the application materials,public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 22178 and move to approve the subdivision variance to BMC
38.400.010.A.2. related to the extension of Water Lily Drive to the south property line
subject to conditions and all applicable code provisions.
City Commission Motion: Having reviewed and considered the application materials,public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 22178 and move to approve the subdivision variance to BMC
38.410.040.B. related to the block length between Cottonwood Road and Pond Lily Drive
subject to conditions and all applicable code provisions.
City Commission Motion: Having reviewed and considered the application materials,public
comment, and all the information presented, I hereby accept the findings presented in the
staff report for application 22178 and move to recommend approval of the subdivision
with conditions and subject to all applicable code provisions and subdivision variances.
City Commission Recommended Motion: Having reviewed and considered the application
materials,public comment, and all the information presented, I hereby adopt the findings
presented in Section 7 of this staff report for application 22178 and move to authorize the
Mayor to sign the Findings of Fact and Order on behalf of the City Commission,
approving the West Park Neighborhood Subdivision Preliminary Plat.
Report Date: March 27, 2023
Staff Contact: Nakeisha Lyon, AICP, Associate Planner
Simon Lindsey, Project Engineer
Agenda Item Type: Consent(Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City's Laserfiche archive and may be accessed
through the Community Development viewer as well. Two written public comments have been
received as of the writing of this report. All public comments are included in the City's
Laserfiche archive and available to the public.
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Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on May
25, 2022 requesting permission to subdivide 40.83 acres into four(4) developable lots, one (1)
city park lot, and two (2) open space lots, easements and associated rights of way. The site is
located south of Vaughn Drive, East of Laurel Parkway, and North of West Babcock Street as
Phase 6 of the Norton East Ranch Subdivision. The existing four(4) restricted development lots
were previously approved by the City Commission on March 9, 2021 with the Findings of Fact
and Order signed on March 23, 2021 (Project No. 21024) as a component of Phase 5 of the
Norton East Ranch Subdivision. These restricted lots require further subdivision review or site
plan review prior to any development. The intention of this proposed amended plat is to further
subdivide the existing lots to adequately accommodate multi-household development options
through larger lot sizes and pedestrian rights of way in lieu of streets to serve as transportation
corridors. The property is currently vacant and zoned R-4, Residential High Density District.
Access is provided through the extension of Vaughn Drive from Laurel Parkway and the
extension of Pond Lily Drive from West Babcock Street. Based on site constraints and critical
conditions located along the eastern boundary of the subject property, the applicant has
submitted two variances requesting that the continuation of Cascade Street not be provided in
accordance with Sec. 38.400.100.A.I and Sec. 38.400.100.A.2, BMC. If the extension of
Cascade Street is necessary in the future, the applicant has included an east-west right of way
easement connecting Vaughn Drive to the eastern property boundary.
Baxter Creek runs along the eastern boundary of the subject property and is surrounded by
jurisdictional wetlands which are restricted through a covenant of dedication between the
applicant and the Army Corp of Engineers. Based on the proposed subdivision layout and
variance requests, this area will not be impacted by the proposed development of the subdivision.
Additionally, this area is proposed as a City Park serving as an extension of the Adam Bronken
Park to the north. The southwest corner of the proposed subdivision contains non jurisdictional
wetlands proposed to be an undeveloped open space area (Block 2, Open Space 1) which is also
protected by a covenant of dedication restriction. Non jurisdictional wetlands are located in the
north central portion of the subject property,bordering Block 1, Lot 1, and Block 1, Lot 2 and
portions of the proposed extension to Vaughn Drive. The applicant proposes to fill this area
during future development of these lots and provides mitigation on the southeastern portion of
the subject property by expanding the existing borrow pit area located in the City Park.
The subdivision proposes 11.24 acres of city park lots which comprises the portion of Baxter
Creek that runs along the eastern boundary of the property, surrounding jurisdictional wetlands,
an existing borrow pit, and mitigated wetlands created from impacts to non jurisdictional
wetlands located central to the property. The park is divided into 2 separate park parcels to
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accommodate a phased development approach, each spanning the long eastern blocks of the
development,providing long segments of trail, a bridge connection to the north for the existing
Bronken Park, the conversion of an existing borrow pit and mitigated wetlands into an enhanced
pond,playground area, and various site furnishings. Together the park parcels meets the required
minimum frontage for dedicated parkland. Based on the proposed residential density, a
combination of land dedication and improvements-in-lieu of parkland are required as detailed in
the Parks Master Plan.
The applicant has submitted four(4) subdivision variance requests in conformance with Sec.
38.250.080 of the Bozeman Municipal Code (BMC). Variance requests 1 and 2 are related to the
extension of Cascade Street to the east boundary of the subject property. Sec. 38.400.100.A.1
and Sec. 38.400.100.A.2 requires that proposed streets within the development must be
constructed to the boundary lines for the continuation of streets to adjacent developed and
undeveloped properties for the convenient movement of traffic, effective provision of emergency
services and efficient provision of utilities. Due to the location of the Baxter Creek corridor and
jurisdictional wetlands along the eastern boundary of the subject property, the applicant has
requested these variances in order to not extend Cascade Street as required in Division 38.400.
Additionally, a covenant of dedication with the Army Corps of Engineers is located along the
Baxter Creek corridor. This covenant restricts construction activities within its boundaries to
protect critical lands from future development.
Variance request 3 is related to the extension of Water Lily Drive to West Babcock Street to the
southern boundary. As Sec. 38.400.100.A.2 requires the continuation of streets between adjacent
developed properties, the applicant has requested this variance due to the existing borrow pit
located directly south of the intersection. Existing geotechnical investigations show that this
location is not conducive for the construction of roads and foundations. The applicant will be
enhancing the borrow pit into a pond with mitigated wetlands based on their proposed impact to
non jurisdictional wetlands located central to the property.
Variance request 4 is related to block length requirements denoted in Sec. 38.410.040.B. which
requires blocks to not be more than 400 feet in length or less than 300 feet in length unless
longer lengths are necessary due to critical lands, topography, access control, and adjacent to
existing parks or open spaces. This provision denotes that in no case may a block exceed the
1,320 feet in length. In relation to Variance 3, without the extension of Water Lily Drive to West
Babcock Street, the block length between Pond Lily Drive and Cottonwood Road is
approximately 2000 feet in length. As the location is not conducive for the development of a
roadway, the applicant is unable to meet the block length requirements of the BMC.
Additionally, adjacent properties to the east include the Springhill Presbyterian Church and an
undeveloped commercial node at the intersection of West Babcock St. and Cottonwood Road.
Future redevelopment of the Springhill Presbyterian Church property would allow for additions
to the road network access to reduce the block length in this location in the future. The
Engineering Department supports these variance requests.
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The applicant has concurrently submitted for review and approval a site plan application for the
development of Phase I of the West Park Neighborhood which proposes seven(7)three story
apartment buildings containing 102 dwelling units. The development application also includes
associated vehicular and bicycle parking,pedestrian pathways, open space, stormwater
infrastructure, landscaping, irrigation, and lighting.
On December 9, 2022, the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report. The final decision for a Major Subdivision(6 to 50 lots) subject to 76-3-616 MCA
must be made within 60 working days of the date it was deemed adequate, or in this case,by
March 9, 2023.
Community Development Board acting as the Planning Board
The Community Development Board acting in their capacity as the Planning Board considered
compliance of the application with the growth policy on February 6, 2023 and recommended
approval unanimously 5-0 of the consent agenda item.
Video of the Community Development Board proceedings.
City Commission Action
The public hearing date for the City Commission was February 28, 2023. The hearing was held
in the City Commission Meeting Room at 121 North Rouse Avenue, Bozeman, MT. The City
Commission met to consider the application for a major subdivision preliminary plat requesting
permission for the division of 40.83 acres into four(4) developable lots zoned R-4, one (1) city
park lot, and two (2) open space lots, easements, and associated rights of way. Additionally, the
applicant is requested four subdivision variances related to the following code sections: BMC
38.400.010.A.1 - Relation to undeveloped areas, BMC 38.400.010.A.2 - Relation to developed
areas, and BMC 38.400.010. -Block Length. These subdivision variances are in regards to the
extension of Cascade St. to the eastern boundary of the subject property, the extension of Water
Lily Dr. to W. Babcock St. on the southern boundary of the subject property, and block length
between the existing Cottonwood Rd. and the proposed Pond Lily Dr. along W. Babcock St.
Nakeisha Lyon, Associate Planner presented the preliminary plat staff report, application, and
public comments. Following the presentation, questions to staff from the Commissioners were
related to the process of extending Cascade Street, requirements for addressing block lengths, the
types of wetlands on the subject property and mitigation occurring on the subject property,
access for emergency services, urban neighborhood growth policy characteristics and net benefit
of density and housing diversity, form and intensity standards, and parking and accessibility for
the proposed parklands. The applicant, Greg Stratton with Kilday& Stratton, had several
representatives at the meeting including Tyler Steinway with Intrinsik Architecture, Katie Sewell
with Design 5, James Nickelson with Morrison-Maierle, and property owner, Patrick Eibs from
8FC, LLC. The applicant provided additional clarification regarding the Commissioners
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questions to Staff including the necessity to previously plat this subject project for financial
reasons to now amend the plat to further define the layout and dedicate parklands, open spaces,
and rights of way as well as a brief explanation of the variance requests, the covenant of
dedication of the critical lands, block length, and parking and access to the dedicated parklands.
No member of the public spoke at the hearing. The applicant, Greg Stratton stated that their team
has read the staff report and are in agreement with the findings, conditions, and code provisions.
The applicant stated their goal was to provide the most attainable single family housing in
Bozeman. The Commissioners had additional questions on the pedestrian trails, types of housing
within the subdivision, and the development timeline of the first phase.
The Commission moved to approve each variance individually, and the subdivision overall with
the applicable subdivision variances, conditions, and subject to all applicable code provisions.
The motions are located starting on page 1 of this report. Commissioners voted unanimously 5-0
to approve each subdivision variance and the preliminary plat application. Discussion included
support for the proposed subdivision design and density integration with existing lower density
development to the north, subdivision variances in order to conserve and mitigate wetlands along
Baxter Creek and within the proposed parklands, the inclusion of missing middle housing.
Video of the City Commission proceedings.
A summary of the Commission's findings for each variance can be found below in Section 7—
Findings of Fact, Order of Appeal and Provisions.
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.
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TABLE OF CONTENTS
EXECUTIVESUMMARY............................................................................................................ 2
UnresolvedIssues. .............................................................................................................. 3
ProjectSummary................................................................................................................. 3
Alternatives......................................................................................................................... 6
SECTION 1 —MAP SERIES.......................................................................................................... 8
SECTION 2—REQUESTED VARIANCES ............................................................................... 13
SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL.......................................... 20
SECTION 4—CODE REQUIREMENTS.................................................................................... 24
SECTION 5 —RECOMMENDATION AND FUTURE ACTIONS............................................ 27
SECTION 6—STAFF ANALYSIS AND FINDINGS ................................................................27
Applicable Subdivision Review Criteria, Section 38.240.150, BMC............................... 27
38.220.060 Documentation of compliance with adopted standards................................. 32
SECTION 7—FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS...................... 38
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 41
APPENDIX B—DETAILED PROJECT DESCRIPTION .......................................................... 44
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 44
APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 45
FISCALEFFECTS....................................................................................................................... 45
ATTACHMENTS......................................................................................................................... 46
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SECTION 1 —MAP SERIES
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DocuSign Envelope ID: D653A548-870A-4878-82D5-CBB8EC3CD8B6
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22178 Findings of Fact and Order for the West Park Neighborhood Preliminary Plat Page 11 of'46
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22178 Findings of Fact and Order for the West Park Neighborhood Preliminary Plat Page 12 of 46
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Page 13 of 46
SECTION 2 -REQUESTED VARIANCES
The subdivider has requested four subdivision variances with this preliminary plat application as
denoted below:
Variance Request 1 —Extension of Cascade Street to the east property line. The applicant is
requesting a variance from Sec. 38.400.010.A.1 —Relation to undeveloped areas which denotes
that 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.
Applicant Justification- Supporting Evidence for Variance
Previous Norton Ranch planning efforts. During the early stages of Norton Ranch planning,
the Baxter Creek corridor was envisioned as a passive wetland area bordered by trails to provide
a pedestrian corridor connecting West Babcock Street to the north boundary of the project and, in
cooperation with Valley West Subdivision to the north, eventually to Durston Road. This
corridor was intended to provide important pedestrian and bicycle connectivity in the area. As
such a Covenant of Dedication restricting the use of this corridor has been entered into with the
Army Corps of Engineers restricting activities and the use of this area.
Covenant of Dedication. In May of 2008 Norton Ranch entered into a Covenant of Dedication
with the Army Corps of Engineers. During the development of the beginning phases of Norton
Ranch it was necessary to fill some low quality wetlands to construct the Norton Ranch road
system. As mitigation for the filling of these wetlands Norton Ranch placed the Covenant of
Dedication,basically a deed restriction, over some of the higher quality wetlands within the
Norton Ranch boundary including the Baxter Creek corridor. This Covenant of Dedication
restricts all construction activities within its boundary and protects these critical lands from
future development. Norton Ranch agreed to the conditions of this document based on
the planning efforts during the early phases of the project. A copy of the Covenant of Dedication
is included with the preliminary plat application. We draw attention to the following items
in the Deed and Use Restrictions:
Item 2. - "There shall be no filling, draining, excavating, dredging, mining, drilling or removal of
topsoil, loam, peat, sand gravel, rock, minerals or other materials".
Item 3. - "There shall be no building or roads or paths nor any change in the topography of the
land".
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22178 Findings of Fact and Order for the West Park Neighborhood Preliminary Plat Page 14 of 46
Item 5. - "There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles or any
type of motorized vehicles on the Land".
These items specifically restrict the extension of Cascade Street. The construction of a road
across the area covered by the Covenant of Dedication would require that the document be
modified and that an Individual 404 Permit be obtained as the impact would be greater than 0.5
acre. A requirement of the Army Corp of Engineers of authorizing an individual permit is that a
LEDPA (Least Environmentally Damaging Practicable Alternative) analysis be completed. It is
probable that Army Corp of Engineers would determine that the existing road networks provide
access to the various parcels in the vicinity and that not building a road would be the Least
Environmentally Damaging Practicable Alternative.
During the planning stages of the West Park Neighborhood, the Army Corps of Engineers
was contacted to consider the construction of some trails and a footbridge across Baxter
Creek. The response from the corps was not favorable. We have included a copy of this
email correspondence between our wetland consultant Christine Pearcy and Tim McNew,
Senior Project Manager with the Army Corps of Engineers relating to this issue within the
preliminary plat submittal.
Protection of Critical Lands. BMC 38.400.010.A.I states: "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". We believe the critical lands
associated with the Baxter Creek corridor in conjunction the associated Covenant of Dedication
provides topographic and physical conditions restricting the construction of streets and alleys to
the boundary line of the tract. This corridor is now a feature of this area providing a north-
south pedestrian and bicycle transportation corridor along a pristine wetlands corridor
and providing vital connections to the area trails.
Variance Review Criteria—Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant's response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. The
surrounding road network provides access by West Babcock Street and Durston Road via Laurel
Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel Parkway,
and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the future
extension Cascade Street will be provided on the final plat if the connection of Cascade Street
becomes necessary in the future. Due to the presence of critical land, it would be detrimental to
the general welfare of the community to require a road to be constructed across that wetland.
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22178 Findings of Fact and Order for the West Park Neighborhood Preliminary Plat Page 15 of'46
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant's response, an undue hardship has been placed upon this
property by the topographical critical lands and also the covenant of dedication to the Army
Corps of Engineering along this wetland corridor. The covenant was placed on the property to
mitigate the filling of wetlands in the early phases and was a result of the overall master planning
of the project. The Army Corps of Engineers was contacted in the planning stages of this process
to consider the construction of a road across the Baxter Creek corridor as well as a trail and
pedestrian foot bridge. The response from those conversations was not favorable.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant's response, if the City follows the requirements of
the approved Covenant of Dedication with the Army Corps of Engineers the extension of
Cascade Street will not be necessary and the requested allowance to not build Cascade Street will
not impact public costs. An easement is provided if the future connection becomes necessary. If
required the Applicant is willing to include Cascade Street in the Waiver of the Right to Protest
the Creation of Special Improvement Districts for this project to fund the connection at a future
date.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant's response, outside of the requested variances, the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Cascade Street to the eastern property line which creates non-compliance with
BMC 38.400.010.A.1. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application,the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 2—Extension of Cascade Street to the east property line. The applicant is
requesting a variance from Sec. 38.400.010.A.2—Relation to developed areas which denotes
that the developer must arrange the streets and alleys to provide for the continuation of streets
and alleys between adjacent developed properties when such continuation is necessary for the
convenient movement of traffic, effective provision of emergency services and efficient
provision of utilities.
Applicant Justification- Supporting Evidence for Variance
See applicant justification—supporting evidence for Variance Request 1 above.
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Variance Review Criteria—Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant's response, this requested variance will not have an impact to
the public health, safety, and general welfare or be injurious to other adjoining properties. The
presence of critical lands alongside a covenant of dedication provides topographic and physical
conditions restricting the ability to construct a street to the boundary of the property.
Additionally, an extensive Geotechnical Study included in the preliminary plat application shows
that the remnants of a gravel pit have created a soil condition that is not conducive to foundations
or roads. Furthermore, when looking at the two master planned communities surrounding this
critical land, neither of them contemplated crossing this land with a road throughout their
history.
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the
future extension of Cascade Street will be provided on the final plat if the connection of Cascade
Street becomes necessary in the future. Due to the presence of critical land, it would be
detrimental to the general welfare of the community to require a road to be constructed across
that wetland.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant's response, an undue hardship has been placed upon this
property by the topographical critical lands and also the covenant of dedication to the Army
Corps of Engineering along this wetland corridor. The Army Corps of Engineers was contacted
in the planning stages of this process to consider the construction of a road across the Baxter
Creek corridor as well as a trail and pedestrian foot bridge. The response from those
conversations was not favorable.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant's response, if the City follows the requirements of the approved
Covenant of Dedication with the Army Corps of Engineers the extension of Cascade Street will
not be necessary and the requested allowance to not build Cascade Street will not impact public
costs. An easement is provided if the future connection becomes necessary. If required the
Applicant is willing to include Cascade Street in the Waiver of Right to Protest the Creation of
Special Improvement Districts for this project to fund the connection at a future date.
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4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant's response, outside of the requested variances, the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Cascade Street to the eastern property line which creates non-compliance with
BMC 38.400.010.A.2. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application,the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 3—Extension of Water Lily Drive to the southern property line. The
applicant is requesting a variance from Sec. 38.400.010.A.2—Relation to developed areas
which denotes that the developer must arrange the streets and alleys to provide for the
continuation of streets and alleys between adjacent developed properties when such continuation
is necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
Applicant Justification- Supporting Evidence for Variance
Existing Gravel Pit. The intersection of Water Lily Drive and West Babcock Street is located
directly south of an existing gravel pitiborrow area that was excavated by the previous
developer. During the planning of this project, extensive geotechnical investigations were
completed to consider the construction of building foundations and the extension of Water Lily
Drive to the north. These investigations show that this area is not conducive to the construction
of foundations or roads. These results are documented in the Geotechnical Study performed as
part of, and included with this preliminary plat submittal (reference test pits 10, 11, and 12). As
the remnants of the gravel pit still exist we propose an enhanced constructed wetland for this
area. Based on the underlying soils in this area, we feel the constructed wetland is the best use
for this portion of the project. It will enhance the existing Baxter Creek Corridor provided and
the critical park corridor connecting Durston Road to West Babcock Street. A letter, from Andy
Pilskalns of Castlerock Engineering, specifically addressing this issue is included with this
preliminary plat application.
Variance Review Criteria—Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
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Criteria is met. Per the applicant's response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. The
presence of the gravel pit in the southwest corner of the property provides topographic and
physical conditions restricting the ability to construct a street to the boundary of the property. An
extensive Geotechnical Study included in the preliminary plat application shows that the
remnants of a gravel pit have created a soil condition that is not conducive to foundations or
roads
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant's response, the presence of the gravel pit in the southwest
corner of the property provides topographic and physical conditions restricting the ability to
construct a street to the boundary of the property creating a hardship to the construction of Water
Lily Drive to West Babcock Street. An extensive Geotechnical Study included in the preliminary
plat application shows that the remnants of a gravel pit have created a soil condition that is not
conducive to foundations or roads.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant's response, the request to not extend Water Lily Drive to West
Babcock Street will not impact public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant's response, outside of the requested variances, the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Water Lily Drive to the southern property line which creates non-compliance with
BMC 38.400.010.A.2. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application,the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 4—Extension of Water Lily Drive to the southern property line. The
applicant is requesting a variance from Sec. 38.410.040.B—Block length which denotes that a
block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due
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to topography, the presence of critical lands, access control, or adjacency to existing parks or
open space. In no case may a block exceed 1,320 feet in length.
Applicant Justification- Supporting Evidence for Variance
See applicant justification—supporting evidence for Variance Request 3 above in addition to:
Existing Development East of Baxter Creek Corridor.Another consideration is the area to
the east of the Baxter Creek corridor is currently occupied by the Springhill Presbyterian Church
and an undeveloped commercial node at the intersection of West Babcock Street and
Cottonwood Road. As the property develops there will be opportunities to add to the road
network between the two parcels helping to reduce the block length. It needs to be considered
that over 1300' of the separation is adjacent to this property.
Protection of Critical Lands. BMC 38.410.040.13 states: "Block lengths may be longer than
400 feet if necessary due to topography, the presence of critical lands, access control, or
adjacency to existing parks or open space."We believe the critical lands associated with the
Baxter Creek corridor provide topographic and physical conditions restricting the construction of
Water Lily Drive. This corridor is now a feature of this area providing a north-south pedestrian
and bicycle transportation corridor along a pristine wetlands corridor and providing vital
connections to the area trails. It needs to be considered that only 325' of the separation is
adjacent to this property.
Variance Review Criteria—Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant's response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. An
extensive Geotechnical Study included in the preliminary plat application shows that the
remnants of a gravel pit have created a soil condition that is not conducive to foundations or
roads. Furthermore, when looking at the two master planned communities surrounding this
critical land, neither of them contemplated crossing this land with a road throughout their
history.
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the
future extension of Cascade Street will be provided on the final plat if the connection of Cascade
Street becomes necessary in the future. Access to the existing Church is provided via
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Cottonwood Road and West Babcock Street. If and when development continues on the east side
of the Baxter Creek corridor further access to that area can be considered.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant's response, an undue hardship has been placed upon this
property by the soil conditions associated with the existing gravel pit located directly north and
directly in conflict with the extension of Water Lily Drive.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant's response, the request to increase the block length between
Cottonwood Road and Pond Lily Drive does not impact public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant's response, outside of the requested variances, the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Water Lily Drive to the southern property line which creates non-compliance with
BMC 38.410.040.B. The applicant has satisfied the variance criteria in BMC 38.250.080.13 and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application, the Director of Transportation and Engineering and
City staff support the subdivision variance request.
SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL
The following conditions of approval and code provisions satisfy City and relevant State
requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to the
required code provisions identified in this report. The conditions are specific to the preliminary
plat application. Staff has considered the impacts as identified in the staff analysis and
application materials and finds that the conditions of approval are deemed reasonably related and
roughly proportionate to the development of this subdivision.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats 24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
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certificates. The Final Plat application shall include one (1) signed reproducible copy on a
3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy in PDF
format. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized Mylar sheet in the plat set.
2. The developer must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer
to the appropriate plat,plan, sheet, note, covenant, etc. in the submittal.
3. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider(or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners' association of any open
space proposed to be conveyed to the property owners' association and all its right, title,
and interest in any improvements made to such parkland or open space. For the transfer
of real property, the subdivider or owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners' association and associated
realty transfer certificate. The subdivider or owner of the property must record the deed
or instrument at the time of recording the final plat. For personal property installed upon
open space owned by the property owners' association, the subdivider shall provide an
instrument acceptable to the City Attorney transferring all its rights, title and interest in
such improvements including all applicable warranties to such improvements.
4. The applicant is responsible for completing all required documents within the West Park
design guidelines and CC&Rs including providing all definitions, exhibits, and
appendixes during the final plat application submittal.
5. Pedestrian walks must be maintained by the adjacent property owner or by the property
owners' association. The party responsible for the maintenance of pedestrian walks must
be identified in the preliminary plat application. Please include this information in the
CC&Rs for future pedestrian walks within the West Park Phase 1 Site Plan and future
subsequent site plans or subdivisions to ensure these will be maintained accordingly.
6. This notation must be included on the conditions of approval sheet of the final plat: This
is a known area of high groundwater. No crawl spaces or basements may be constructed.
Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps
are not allowed to be connected to the drainage system. Water from sump pumps may not
be discharged onto streets, such as into the curb and gutters where they create a safety
hazard for pedestrians and vehicles.
7. This notation must be included on the conditions of approval sheet of the final plat:
Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands shall be that of
the property owners association. Maintenance responsibility shall include, in addition to
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the common open space and trails, all vegetative ground cover,boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas.
All areas within the subdivision that are designated herein as common open space
including trails are for the use and enjoyment by residents of the development and the
general public. The property owners association shall be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all common open
space areas and trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within each phase to
the property owners association created by the subdivider to maintain all common open
space areas within the West Park Subdivision.
8. This notation must be included on the conditions of approval sheet of the final plat: In
accordance with Section 38.410.040.D BMC, as no continuous length of block may
exceed 600 feet without intersecting a street or pedestrian walk, all subsequent site plans
or subdivisions for Lots I and 2, Block 1; Lot 1, Block 2 and Lot I Block 3 of the West
Park Major Subdivision (Amended Plat of Lots RIA, RIB, RIC, and RID, of Norton
East Ranch Subdivision Phase 6)must be reviewed and found to be in conformance with
this provision.
9. This notation must be included on the conditions of approval sheet of the final plat: If
individual lots deviate from the subdivision phasing plan, the City reserves the right to
require alternative timing to the installation of all applicable subdivision infrastructure
improvements at the time of plan review for development on the phased lots and will be
based upon the utility and transportation infrastructure required to support the proposed
intensity of development at the time of plan review.
10. This notation must be included on the conditions of approval sheet of the final plat: The
maintenance of all stormwater facilities is the responsibility of the property owners
association(POA).
11. This notation must be included on the conditions of approval sheet of the final plat if
parkland has not been fully accepted by the Parks Department prior to final plat approval:
Although an easement or parkland dedication is required at the time of Final Plat, the
Parks and Recreation Department does not assume maintenance responsibility for
parkland and improvements until the following have been completed after Final Plat: 1)
the constructed park meets requirements of 38.420.080 and the approved park master
plan, 2) all conditions of approval for the subdivision or park master plan are completed,
and 3)written acknowledgement of final acceptance has been provided by the City.
12. This notation must be included on the conditions of approval sheet of the final plat:
Private utilities are not allowed within parkland unless otherwise approved by the
Director of Parks and Recreation.
13. A preconstruction meeting with the Parks Division is required prior to any site work
within the park area. The applicant must provide final park plans with all parkland
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improvements proposed and schedule a preconstruction meeting at least 30 days prior to
planned commencement of parkland construction.
14. Per Sec. 38.220.020.A, the applicant must contact the Gallatin County Conservation
District, Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.). Any required permits must be obtained by the applicant and
provided to the Community Development Department prior to the commencement of any
work on the phase being constructed.
15. The applicant must ensure that the Conservation Easement between Norton Ranch
Properties, LLC and the US Army Corps of Engineers within the City park parcel is
transferred to the City of Bozeman with the final plat.
16. The proposed project is located within the service area of the Norton Ranch Lift Station.
The capacity of the station is currently fully dedicated. The West Park Neighborhood
Subdivision may not exceed the lift station capacity reserved for the subject property
(300 units)without an upgrade to the existing lift station and associated force main.
17. The proposed project is located within one-half mile of the intersection of Durston Road
and Laurel Parkway. The full West Park Neighborhood Subdivision Traffic Impact Study
indicates the subject intersection will not meet the City's level of service standard at full
buildout in the design year required per BMC 38.400.060.B.4. The supplemental West
Park Neighborhood traffic impact study proposes a phasing plan to satisfy BMC
38.400.060.B.4 during phase 1 and phase 2, and re-evaluate the intersection of Durston
Road and Laurel Parkway during phase 3. The West Park Neighborhood Subdivision
may not exceed the reserved intersection capacity for the subject property(252 units), or
proceed with phase 3 without re-evaluating the subject intersection. The following
capacities will be reserved for the first two phases.
a. Phase 1: 102 dwelling units
b. Phase 2: 120-150 dwelling units
18. If well/irrigation improvements are accepted by Parks Department prior to final plat
approval by City Commission, then follow these steps: 1) Complete 602 Form—Notice
of completion of exempt groundwater development. The form is completed by
developer, then reviewed by the City for completeness/accuracy, and 2) File final plat
and warranty deed transferring fee title to parkland. If well/irrigation improvements are
financially guaranteed under an IA prior to final plat approval by the City Commission,
then follow these steps: 1) File final plat and warranty deed transferring fee title to
parkland. 2) Complete well/irrigation improvements. Prior to release of financial security
and closeout of IA, developer to complete 602 Form for review by city.
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SECTION 4— CODE REQUIREMENTS
The following are procedural requirements not yet demonstrated by the preliminary plat and
must be satisfied at the final plat. Without these corrections the application does not meet
required standards.
I. Sec. 38.100.080.A. Compliance with regulations required. 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. Sec. 38.220.060.A.14.b—Irrigation information. The applicant must provide park
irrigation information meeting the site plan requirements at whichever comes first: either
30 days prior to the preconstruction meeting, or with an Improvements Agreement
proposal.
3. Sec. 38.220.310.C.1 & E. Property owners association. The property owners'
association must be formed before any properties are sold. For a multiphase project, the
property owners' association must be created for the entire project with the first phase.
Please provide the recorded covenants, conditions, and restrictions for West Park
Neighborhood Condominiums prior to final plat approval.
4. Sec. 38.270.030. Completion of improvements. Please provide the following condition
of approval related to notice of restrictions due to uninstalled infrastructure to read as
follows on the final plat: NOTICE IS HEREBY GIVEN to all potential purchasers of
Lots 1 and 2, Block 1; Lot 1, Block 2 and Lot I Block 3 of the West Park Major
Subdivision(Amended Plat of Lots R I A, R I B, R I C, and R I D, of Norton East Ranch
Subdivision Phase 6) City of Bozeman, Gallatin County, Montana, that the final plat of
the subdivision was approved by the Bozeman City Commission without completion of
certain on and off site improvements required under the Bozeman Municipal Code, as is
allowed in Chapter 38.270 of the Bozeman Municipal code. As such, this Restriction is
filed with the final plat that stipulates that any use of these lots is subject to further
subsequent subdivision or site plan review, and no certificate of occupancy shall be
granted for these lots until all on and off site improvements are completed as required
under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Certificates of
Occupancy will not be issued for Lots I and 2, Block 1; Lot 1, Block 2 and Lot I Block 3
of the West Park Major Subdivision(Amended Plat of Lots RIA, RIB, RIC, and RID,
of Norton East Ranch Subdivision Phase 6), City of Bozeman, Gallatin County, Montana
until all required on and off site improvements for the West Park Major Subdivision are
completed and accepted by the City of Bozeman in accordance with the accepted Phasing
Improvements Plan for West Park Major Subdivision. No building structure requiring
water or sewer facilities shall be granted a certificate of occupancy for these lots until the
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision, site plan review, or the written consent of the City of Bozeman.
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5. Sec. 38.270.030.D. Exception for concurrent construction. In certain circumstances,
the issuance of a building permit may be allowed prior to completion of the public
infrastructure,provided that the criteria listed in this section are met. Prior to final plat, a
concurrent construction plan, addressing all requirements of this section, must be
submitted for review and approval of the community development director in
consultation with the city engineer and with a recommendation from the development
review committee. Additional code provisions applicable to concurrent construction
approval are as follows:
a. The property owner must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be
secured by any security or securities found in section 38.270.080. If a financial
security is used, the amount will be determined by the city and in an amount not
less than 150 percent of the cost of the improvements verified against city
publicly bid unit prices, where such are available. If no publicly bid unit prices are
available, any cost estimate acceptable to the city may be used. The security must
be in the name of the city and must be at least six months longer than the time of
performance required by the improvements agreement.
b. The approval of the final engineering design, including location and grade, for
any public infrastructure must be obtained from the Montana Department of
Environmental Quality prior to issuance of any building permit for the
development.
c. The developer must provide and maintain hazard and commercial general liability
insurance. Insurance policies must not be cancelled without at least 45 days prior
notice to the city. The commercial general liability policy must name the city as
an additional insured. The developer must furnish evidence, satisfactory to the
city, of all such policies and the effective dates thereof.
d. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising out of the issuance of a building
permit under this section.
6. Sec. 38.320.030.A. Maximum Lot Area (Net Acres)- The maximum lot area(net acres)
for lots in R-4 is 2.5 net acres. Departures from the maximum lot size requirements may
be allowed where the planned development fits into the context of the neighborhood and
proposed pedestrian and vehicular circulation measures meet community objectives.
a. The applicant has submitted a departure from this provision to accommodate
greater block and lot sizes within the proposed subdivision. Staff finds the street
and pedestrian pathway layout of the proposed subdivision creates corridors with
the intention to avoid critical lands and incorporate greater pedestrian access
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through pathways to be dedicated to the City in subsequent site plan submittals
for each phase of development.
7. Sec. 38.400.040.A.2. - Street Names. Street names must be reviewed and approved by
the County's Geographic Information Systems (GIS) and City's Engineering Department
prior to final plat approval. The applicant must submit written approval from both entities
with the final plat application. The applicant is advised to contact Jenny Connelly with
the City's Engineering Department to discuss street naming. As briefly discussed in our
meeting on July 14, 2022, Vaughn Drive may need a different street name south of the
midblock crossing since it loops back on itself.
8. Sec. 38.410.060. -Easements.
a. List all easements and recorded document numbers on the Conditions of Approval
Sheet.
b. Easements for storm water facilities, water mains and sanitary sewer mains, as
shown on the preliminary plat, shall be submitted for review and filed prior to the
commencement of any work on the site and/or concurrently with the final plat
approval, whichever is sooner.
c. Drafts must be prepared for review and approval by the city. Executed and signed
hard copies of the easements must be submitted to the review engineer for City
Commission approval and filing with the county clerk prior to final plat approval.
The applicant may contact the review engineer to receive standard templates.
9. Sec. 38.410.130.C.2. Water Adequacy.Water rights or cash-in-lieu of water rights must
be provided with any future site plan development or applicable development application.
A note must be included in the conditions of approval sheet indicating this information.
10. Sec. 38.550.070. Landscaping of public lands. In accordance with the requirements of
BMC 38.550.070, 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 or subject to an improvements agreement. Boulevard improvements
are not required until the development of the adjacent lot.
11. Sec. 38.610.090. Wetland permit conditions. Please ensure the requirements for
maintenance and monitoring of wetlands on the subject property are provided in
conformance to the standards and regulations of the BMC. The City's Wetlands Review
Consultant has provided comments date January 27, 2023 that must be addressed prior to
final plat approval.
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SECTION S—RECOMMENDA TION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions and code provisions on December
9, 2022 based on staff analysis and findings as described below in Section 6 of this report.
The Community Development Board acting in its capacity as the Planning Board held a public
meeting to consider compliance of the application with the growth policy on February 6, 2023,
and recommended approval unanimously 5-0 via a consent agenda item. The Community
Development Board recommended approval of the subdivision preliminary plat subject to the
requested subdivision variances, staff-recommended conditions of approval and all applicable
code provisions. There was no discussion by the Board. No public comment was received at the
meeting regarding the proposed subdivision.
Video of the Community Development Board proceedings.
The public hearing date for the City Commission's consideration of this application was held
Tuesday, February 28, 2023. The City Commission made five (5) motions to unanimously
approve (5-0)to approve the four(4) requested subdivision variances and the preliminary plat
application.
Discussion included support for the proposed subdivision design and density integration with
existing lower density development to the north, subdivision variances in order to conserve and
mitigate wetlands along Baxter Creek and within the proposed parklands, the inclusion of
missing middle housing.
Video of the City Commission proceedings.
SECTION 6—STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards,plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150, 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 was prepared in accordance with the surveying and documentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements and Condition 1 and 2, the final plat
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must 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
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law as denoted in
Code Requirement 1. Sections 3 and 4 of this report identify conditions and code provisions
necessary to meet all municipal standards. The listed code requirements address necessary
documentation and compliance with standards. Therefore,upon satisfaction of all conditions and
code corrections the subdivision will comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider's request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-616 may include
variances or other instances of lack of compliance to standards and procedures to be granted per
approval of the City Commission or addressed per code provisions and conditions of approval.
The Department of Community Development received a preliminary plat application on May 25,
2022. The DRC reviewed the preliminary plat application and determined the submittal did not
contain detailed, supporting information that was sufficient to allow for the continued review of
the proposed subdivision on July 5, 2022.
A revised application was received on September 2, 2022. The DRC determined the applicant
was still not adequate for continued review on October 14, 2022.
A revised application was received on November 16, 2022. The DRC determined the application
was adequate for continued review on December 9, 2022 and recommended conditions of
approval and code corrections for the staff report.
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The City scheduled public notice for this application from January 20, 2023 to February 28,
2023. The applicant posted public notice on the subject property on January 20, 2023. The
applicant sent public notice to landowners of record within 200-feet of the subject property via
first class mail, on January 18, 2023. Two written public comments have been received as of the
writing of this report. All public comments are included in the City's Laserfiche archive and
available to the public. Staff s analysis and findings related to the submitted public comments are
included in Appendix A below.
On February 2, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. The
Community Development Board acting in its capacity as the Planning Board considered
compliance of the application with the growth policy on February 6, 2023 and recommended
approval unanimously 5-0 of the consent agenda item. On February 21, 2023, this staff report
was updated and forwarded for review by the City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer- The subdivision will not significantly burden city water and sewer infrastructure
with the recommended conditions of approval and code provisions. The required design report
has been provided. Formal plans and specifications have been prepared and reviewed within this
preliminary plat submittal. According to the Montana Department of Natural Resources &
Conservation(DNRC), existing water rights are associated with the subject property. The
proposed subdivision would eliminate the irrigated pasture and no longer require the water rights
for this use. However, there will be no impact or alteration of the sources of any water rights.
The applicant intends to pay cash-in-lieu of water rights at the time of site plan approval for each
lot per code provision 9. The proposed project is located within the service area of the Norton
Ranch Lift Station and its capacity is fully dedication. Per condition 16, this proposed
subdivision may not exceed the lift station capacity reserved for the subject property(300 units)
without an upgrade to the existing lift station and associated force main.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 8 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. Additional required easements include storm drain,
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sanitary sewer, and pedestrian pathways to ensure public safety over the course of the full build
out. All easements must be provided using the City's standard language.
Parks—The proposed subdivision will be meeting their required parkland through a combination
of land dedication and cash-in-lieu of parkland. 4.51 acres of dedicated parkland is being
proposed, which leaves a shortage of 0.56 acres. The remaining 0.56 acres will be provided as
improvements-in-lieu of parkland. Additionally, 6.99 acres of wetlands,ponds, or streams will
be preserved on site and within the parkland network. There are several parks within a 10 minute
walk from the proposed development and a few of the largest include: the Lakes at Valley West,
Valley West Park,Norton East Park, and Bronken Park. The proposed park is located adjacent to
Bronken Park and the Lakes at Valley West to create a continuous parkland experience and
recreation trail network.
Subsequent development will come in as 2 phases that will provide improvements-in-lieu to the
proposed parkland. These improvements include a north/south Class II trail along Baxter Creek
that connects to the existing Bronken Park trail network; a central node comprised of seating, a
shade structure, children's playground,picnic area, and climbing feature; and a reconstructed
wetland with trails, native plantings, and seating that will expand the greater Baxter Creek. Phase
I is proposed as concurrent construction with this proposed development, so the proposed
parkland will include Phase I improvements. Phase I improvements are comprised of enhancing
the reconstructed wetland and providing a Class II north/south trail.
There are five conditions and code provisions related to park area requirements, cash donation
and infrastructure donation in lieu of land dedication, and park development. Condition I I
requires a note on the final plat if the proposed parkland has not been fully accepted by the Parks
Department prior to its approval to ensure that the developer completes the requirements of the
code and the City's design standards prior to our assumption of maintenance on the parkland.
Condition 12 requires a note on the final plat regarding the allowance of private utilities within
parkland to ensure private utilities may not be on public land unless otherwise approved by the
City. Condition 13 requires a preconstruction meeting with the Parks Division prior to
commencement of parkland construction. This provision will help the applicant to follow the
correct construction process with the City. Condition 18 provides the processing for well and
irrigation improvements dependent on if installed by the developer and accepted by the Parks
Department or if guaranteed by the developer prior to final plat approval by the City
Commission to ensure the appropriate forms are filed with the DNRC. Lastly, code provision 2
denotes that park irrigation information must be provide prior to the preconstruction meeting or
with an improvements agreements to ensure it meets the site plan requirements and is acceptable
by the Parks Department. The proposal meets the required park dedication and improvement
standards with conditions and code provisions. The parklands must be approved through a
parkland master plan. In addition, amendments to the existing Adam Bronken Park and the Lakes
at Valley West Parklands Master Plan must occur to allow for this proposed park to serve as an
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extension of both of these existing parks and allow for Vaughn Drive to encroach into the Lakes
at Valley West and their proposed parklands
Stormwater- The subdivision will construct storm water control facilities to conform to
municipal code and design standards. A stormwater management plan was submitted and
reviewed by the Engineering Division with this preliminary plat. 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. The maintenance of
stormwater facilities is the responsibility of the property owner's association as denoted in
Condition 10.
Agricultural water user facility- There are no active agricultural water user facilities on the
subject property. An abandon"agricultural drain/man-made canal"runs along the west side of
Baxter Creek. This relic irrigation feature was previously investigated last year and there is no
source of flow to the ditch on the south side and no outflow on the north side of the canal. A
headgate and culvert pipe are located in the mid-section of the ditch and are non-operational. A
small "private" irrigation ditch is in proximity to the subject property. Based on the "private"
status, there is no irrigation ditch company to provide discontinuance information.
Concurrent construction- The applicant requested concurrent construction per BMC
38.270.030.D. Code provision 5 requires the applicant to provide concurrent construction
approval prior to final plat approval as well as appropriate improvements agreement applications
for required infrastructure and landscaping. An approved concurrent construction plan from the
DRC will allow the applicant to complete the required improvements with an improvements
agreement within two years of the date of final plat approval. Condition 9 is provided to allow
for the City to require alternative timing for the installation of subdivision infrastructure
improvements if there are changes to the subdivision phasing or intensity of development. Code
provision 10 requires that landscaping for boulevard strips and open space lots are guaranteed or
installed prior to final plat approval. The installation of boulevard trees and landscaping will be
phased based on the proposed phasing plan to allow for flexibility in the development proposal.
Per code provision 4, the lots are restricted until all on and off site improvements are completed
and accepted by the City of Bozeman in accordance with the accepted Phasing Improvements
Plan for the proposed subdivision.
Police/Fire—The City of Bozeman's Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City's ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual homes prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
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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. Code
requirement No. 8, 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 are
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on February 10, 2021 and four subdivision variances were requested as denoted here. The
applicant requested and was granted waivers for Wildlife, and Agriculture.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 —Surface water
This subdivision will not significantly impact surface water. Baxter Creek flows through the
eastern portion of the proposed subdivision and is the only natural surface water located on the
subject property. A total of five wetlands are located on the property and delineated Wetland 4,
located adjacent to Baxter Creek, is the only one of jurisdictional status. An abandon irrigation
ditch also runs along a portion of Baxter Creek and the fringe wetlands in this area. A covenant
of dedication for a wetland conservation easement was previously established between Norton
Properties LLC and the US Army Corps of Engineers to protect this watercourse and restrict this
area from certain development. Where intact wetlands and watercourses are present setbacks
have been delineated and identified pursuant to BMC 38.410.100. Watercourse setback plantings
are included in the landscaping plans for the proposed park. Plantings are required to be installed
or financially guaranteed with final plat. The applicant has also requested two subdivision
variances in order to conform to the provisions of the conservation easement and avoid
impacting the area.
One of the non jurisdictional wetlands, Wetlands 3, is located north central to the subject
property and will be impacted by the construction of Block 1, Lot 1, and Block 1, Lot 2. Due to
dewatering from the borrow pit located on the southeast portion of the property, this wetland
artificially expanded from 1.25 acres to 2.49 acres from its original delineation in 2006 to 2021.
The applicant is proposing to recreate the 2.49 acres of wetlands near the borrow pit in the
southeast corner of the subject property and provide for an enhanced pond feature as a
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component of the dedicated parklands. The proposed mitigated wetlands and enhancements to
the borrow pit will continue as a wildlife habitat and offer a biological connection to the
Wetlands 4 located near this area.
Additionally, this will provide recreation opportunities to the community. The remainder of the
proposed West Park Subdivision would be designed to avoid impacts to all other delineated
features on the subject property. This includes Wetlands 1 and Wetlands 5 which are located in a
proposed open space lot(Block 2, Open Space 1) and a portion of which is also under the same
wetlands conservation easement previously mentioned. This easement must be transferred to the
City of Bozeman with the final plat per code provision 15 to ensure the City has to ability to
consent to any changes in this area with the dedication of the parklands. Additionally, code
provision 11 requires the applicant to address wetlands monitoring and maintenance for existing
wetlands and mitigated wetlands on the subject property in conformance with Division 38.610 of
the BMC. Applicable permits required must be submitted prior to any site work for the phase
being constructed on the subject property, per Condition 14.
38.220.060.A.2 - Floodplains
The applicant submitted a flood hazard analysis report with this proposed preliminary plat which
was evaluated by the Engineering Division and found to be in conformance with Division
38.600. This report indicated that there is no defined floodplain associated with Baxter Creek or
any other components of the subject property as mapped by FEMA. As previously denoted, The
Baxter Creek corridor is located in a wetland conservation easement which limits certain
development activity along this corridor which would avoid floodplain impacts to the
developable land within the proposed subdivision. The width of the flood hazard area varies
between 40 to 130 feet and in fully contained within the conservation easement and watercourse
setbacks denoted in Sec. 38.410.100.A.2. The flood hazard area will not impact any aspects of
the proposed development.
38.220.060.A.3—Groundwater
A geotechnical site evaluation was completed in March 2021 and included seven test pits across
the entire West Park development. A memo detailing groundwater flow modeling was completed
in April 2022 with updates in August 2022 and October 2022. Across the seven monitoring
wells, the depth to groundwater was generally at its shallowest in late May and ranged from 0.33
feet to 2.64 feet below ground surface. Groundwater was generally at its deepest level in late
September/early October with groundwater levels between 1.69 feet and 3.54 feet below ground
surface. With the limited data provided for the subject property, it appears groundwater levels
fluctuate at or less than approximately two feet throughout the calendar year. The Engineering
Division has determined that 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 6 on the plat prohibits use of basements or crawl spaces
unless a professional engineer certifies that the structure has been designed in such a way to
accommodate seasonal high groundwater. This requirement will protect both future structure
owners from future hazards of flooding and lessen burden on the public from illicit discharges.
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38.220.060.A.4 - Geology, Soils and Slopes
A field investigation of the subject property was conducted in 2020 and recommendations for the
development of the subject property were included in the report. Based on the investigation,
there are no known natural geologic hazards on the site. The report denotes that there was
previous mining activity in the southeast quadrant of the proposed subdivision, the majority of
which is located within the proposed park, while a portion is within Block 3, Lot 1. The report
recommends further geotechnical investigation be completed to determine the extent of
the mining activity and to develop recommendations for building on the mining disturbed area if
any roads or buildings are proposed for the disturbed area on Block 3, Lot 1. 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. Condition 6 as previously mentioned will
address concerns with seasonal high groundwater. There are no slopes greater than 15% on the
site. A soil map and NRCS soil information was included in the submitted geotechnical report.
Due to the known high groundwater and soil conditions within the proposed area of
development, an increased rate of corrosion has been observed with ductile iron water mains,
thus decreasing the longevity of publicly owned and maintained infrastructure. The Engineering
Department has provided informational comments to the applicant regarding corrosion protection
required for future water mains within the development. Corrosion protection must be addressed
prior to the infrastructure approval associated with this development. It is not anticipated that
cuts or fills will exceed three feet on the subject property.
38.220.060.A.5 -Vegetation
The applicant provided a memorandum and map regarding vegetation. All critical plant
communities will be protected as they reside within an area of the proposed subdivision that is
protected by a restrictive wetland protection covenants. A noxious weed management and
revegetation plan was approved by the Gallatin County Weed District in accordance with the
Montana County Noxious Weed Control Act(MCA 7-22- 21) for the control of noxious weeds
and was submitted with the preliminary plat application.
38.220.060.A.6 -Wildlife
This subdivision will not significantly impact wildlife as no critical wildlife species or habitats
are known to be found on the subject property. A waiver for wildlife was granted during the Pre-
Application process.
38.220.060.A.7-Agriculture
This subdivision will not impact agriculture as the subject property has been found to not be a
viable farm unit. A waiver for agriculture was granted during the Pre-Application process.
38.220.060.A.8 -Agricultural Water User Facilities
See discussion above.
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38.220.060.A.9 -Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. See discussion above under primary
review criteria for further details.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets,Roads and Alleys
The subdivision will not significantly impact the City's street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area with conditions, code provisions, and subdivision variances.
The proposed subdivision is bordered by West Babcock Street to the south, Laurel Parkway to
the west, and has access to Vaughn Drive to the north. The internal subdivision roads will consist
of the extension of Vaughn Drive from Laurel Parkway to the end of Block 1, Lot 1 (Phase 1),
the remaining portion of Vaughn Drive from its current terminus connecting to Laurel Parkway
(Phase 2) and the extension of Pond Lily Road from West Babcock Street to its proposed
connection to Vaughn Drive (Phase 3). This proposed subdivision will include City standard 5'
wide sidewalks along all street frontages increasing the pedestrian connectivity in the area as a
whole. This includes pedestrian facilities along West Babcock Street, Laurel Parkway as well as
along both sides of Vaughn Drive and Pond Lily Road. Midblock pedestrian pathways are
proposed throughout the proposed subdivision. For Phase 1, this includes a midblock pedestrian
pathway through the middle of Block 1 going east-west and in the open space between Block 1,
Lot 1 and Block 1, Lot 2 going north-south. For Phases 2, east-west and north-south pedestrian
pathways will be provided on Block 2, Lot 1. For Phase 3, an east-west pedestrian pathway will
be provided on Block 3 Lot 1. Final locations and configurations of these pathways will be
completed as part of the site plans for each lot. These pedestrian pathways will be 5'
wide sidewalks located in 30' wide easements. Please see Sec. 38.220.060.A.14 below for details
on additional pedestrian facilities located in the proposed park. Per Condition 5, pedestrian
pathways must be maintained by the property owners' association which must be denoted in the
CC&Rs for future pedestrian pathways within the West Park Phase 1 Site Plan and future
subsequent site plans prior to final plat approval. Additionally, these pedestrian pathways are
required in order to support the submitted departure per code provision 6 to Sec. 38.320.030.A.
which denotes that the maximum lot area(net acres) for lots in R-4 is 2.5 net acres and
departures from the maximum lot size requirements may be allowed where the planned
development fits into the context of the neighborhood and proposed pedestrian and vehicular
circulation measures meet community objectives. Staff finds the street and pedestrian pathway
layout of the proposed subdivision creates corridors with the intention to avoid critical lands and
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incorporates greater pedestrian access through the proposed dedicated pathways to be dedicated
to the City in subsequent site plan submittals for each phase of development.
Code provision 7 requires that that all street naming proposed in the preliminary plat is reviewed
and approved by the County's Geographic Information Systems (GIS) and City's Engineering
Department prior to final plat approval to ensure accuracy in street naming protocols and
orientations.
The existing platted subdivision,Norton East Ranch Phase 6, includes road easements that vary
in location from the proposed roads in this proposal and as such will need to be vacated prior to
filing of the final plat for the West Park Subdivision. Additionally, the existing subdivision
includes an easement to extend Cascade Street to the east boundary of the property in line with
an existing easement on the adjacent property. The proposed 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 subject property by the original developer in
cooperation with the Army Corp of Engineers to protect wetlands which may make construction
of this future road difficult. The applicant has submitted 2 subdivision variances related to this
street connection as detailed in Section 2 above.
A traffic impact study(TIS) was provided by the applicant for the proposed subdivision. The TIS
was reviewed by the Engineering Department have been found to meet City standards for peak
trip generation and level of service with conditions. As detailed in the traffic study, the project is
anticipated to produce up to 2,376 new daily traffic trips when fully built out at 500 units. The
report indicates that the intersection of Durston Road and Laurel Parkway will not meet the
City's level of service standard at full buildout in the design year required per BMC
38.400.060.B.4. The supplemental West Park Neighborhood traffic impact study proposes a
phasing plan to satisfy BMC 38.400.060.B.4 during Phase 1 and Phase 2, and re-evaluate the
intersection during Phase 3. Per Condition 17, The West Park Neighborhood Subdivision may
not exceed the reserved intersection capacity for the subject property(252 units), or proceed with
phase 3 without re-evaluating the subject intersection.
The proposed subdivision is bordered on the south and west with streets that incorporate bike
lanes. No additional bike specific infrastructure is proposed for the subject property. There are no
arterial streets located adjacent to the development. The only modification to an existing street is
to modify Vaughn Drive at its current end point. No gravel alleys are proposed and as such, no
dust control provisions are provided. Maintenance of the proposed streets will be completed by
the City of Bozeman. Traffic calming curb bulbs are planned for the intersection of Vaughn
Drive and Pond Lily Road 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.
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38.220.060.A.12—Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and
communication providers.
38.220.060.A.13 -Land Use
The subdivision application has provided future land use data consistent with the R-4 zoning
district and the community plan. 21.51 acres is proposed as developable residential lots, 4.46
acres as open space areas, 11.52 acres as parks, and 3.34 acres as right-of-way. The proposed
uses of apartments and townhouses are allowed within the R-4 zoning district. For a multi-phase
project such as this proposed subdivision, the BMC requires a property owners' association to be
formed for the entire project with the first phase per code provision 3. In addition to this
requirement,per condition of approval 4, the applicant must provide completed covenants,
conditions, and restrictions for West Park Neighborhood prior to final plat approval. The
association owns and is responsible for the maintenance of any open spaces within the proposed
subdivision per Conditions 3 and 7.
38.220.060.A.14 - Parks and Recreation Facilities
See above discussion under primary review criteria.
38.220.060.A.15 -Neighborhood Center Plan
The subdivision is exempt from providing a neighborhood center plan per Sec. 38.410.020 as
every lot is within a half mile of an existing neighborhood center to the south of the subject
property located in Norton East Ranch Phase 1.
38.220.060.A.16 -Lighting Plan
A lighting plan is only required where lights are proposed other than within the street right-of-
ways. There are no subdivision lights proposed outside of the street right-of-ways. The proposed
location of lights within the right-of-ways are shown on the preliminary plat drawing.
38.220.060.A.17—Miscellaneous
There are public lands adjacent to or within 200 feet of all sides of the proposed subdivision
which are all City parklands. The subdivision will not have any negative effect on access to these
public lands. 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. There is no current mining, high pressure gas lines, structures or
high voltage power lines on the subject property. As noted in the geotechnical investigation, the
mining that has previously occurred on the southeast corner of the subject property presents a
potential hazard for the 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 1, Block 3. The
proposed subdivision is not located within a delineated Wildland Urban Interface area.
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38.220.060.A.18 -Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
38.220.060.A.19—Growth Policy
Please see Appendix A denoted below for an analysis of the proposed subdivision advances to
the adopted growth policy.
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 subdivision variance and preliminary plat described in these
findings of fact was conducted.
B. The purposes of the subdivision variance and 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; and to determine whether the subdivision variances and plat should be
approved, conditionally approved, or denied.
C. The matter of the subdivision variances and preliminary plat application was considered
by the City Commission at a public hearing on February 28, 2023 at which time the
Department of Community Development Staff reviewed the project, submitted and
summarized the subdivision variances,preliminary plat content, conditions of approval,
clarified unresolved issues and summarized the public comments submitted to the City
prior to the public hearing.
D. The applicant 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 28,
2023 and no public comments were offered in testimony on the subdivision variances or
major subdivision preliminary plat.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed subdivision variances and 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, considering the discussion had by advisory
bodies, 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 subdivision variances and preliminary plat comply with the
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requirements of the Bozeman Municipal Code. Therefore, being fully advised of all
matters having come before them regarding this application, the City Commission makes
the following decision.
G. The subdivision variance from Sec. 38.400.010.A.1. related to the extension of Cascade
Street to the east property line has been found to meet the variance criteria of Sec.
38.250.080.B, BMC, and is therefore approved. The evidence contained in the submitted
material, advisory body review, public testimony, and Section 2 of this report,justify the
approval of this variance request.
H. The subdivision variance from Sec. 38.400.010.A.2. related to the extension of Cascade
Street to the east property line has been found to meet the variance criteria of Sec.
38.250.080.B, BMC, and is therefore approved. The evidence contained in the submitted
material, advisory body review, public testimony, and Section 2 of this report,justify the
approval of this variance request.
I. The subdivision variance from Sec. 38.400.010.A.2. related to the extension of Water
Lily Drive to the south property line has been found to meet the variance criteria of Sec.
38.250.080.B, BMC, and is therefore approved. The evidence contained in the submitted
material, advisory body review, public testimony, and Section 2 of this report,justify the
approval of this variance request.
J. The subdivision variance from Sec. 38.410.040.B. related to the block length between
Cottonwood Road and Pond Lily Drive has been found to meet the variance criteria of
Sec. 38.250.080.B, BMC, and is therefore approved. The evidence contained in the
submitted material, advisory body review,public testimony, and Section 2 of this report,
justify the approval of this variance request.
K. 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
submitted material, advisory body review,public testimony, and this report,justify the
conditions imposed on this development to ensure that the final plat, final site plans and
subsequent construction complies with all applicable regulations, and all applicable
criteria of Chapter 38, BMC.
L. 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 major subdivision shall be effective for three (3) years for
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 subdivided, grant an extension to its approval for a period
of mutually agreed upon time.
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DATED this 4th day of April 12023
BOZEMAN CITY COMMISSION
L
uSigned by:
CYNTHIA L. ANDRUS
Mayor
ATTEST:
DocuSigned by:
DocuSigned by:
�.
y
F41F922095AB475._
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
876992AC9ACA44B._
GREG SULLIVAN
City Attorney
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APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. This purpose is
accomplished by:
1) Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2) Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3) Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services. This purpose is accomplished by Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types including townhouses and multi-household units
in an existing developed residential area that is predominantly detached single-household units,
two-household dwellings, and rowhomes. The multi-household lots will support the construction
of"missing middle"housing which is contemplated throughout the Bozeman Community Plan
2020. The proposed subdivision is also located near existing commercial areas known as Billion
Auto Plaza and Ferguson Farms Subdivision to the southeast as well as a partially developed,
commercial area in the Valley West Subdivision and J&D Family Major Subdivision to the
south. The added density adjacent to these commercial centers will add demand for further
development of these B-1 and B-2 zoned areas to the south.
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CORRELATION WITH ZONING
The zoning districts which implement each future land use category are shown in relation to each future
land use category in chart below.For zoning district intent,see 38.300.For permitted uses,see 38.310.
Urban Neighborhood ® on o n o 0 0 4 00 4
R-5,R-1,R-2,R-3,R-4,R-5,RHO,REMU III III III���III Jri.L
RMH,B-1,PLI
Residential Mix o 0 0 239
4 11 1 1
0 0 0
R-3,R-4,R-5,R-O,REMU,B-1,PLI
Community Commercial Mixed Use o0
imL 11S& G��
R-O,REMU,B-1,B-2,B-2M,UMU,NEHMU II II II
PLI
aditional Core 22211
13-21A,B-3,PLIy LEGEND
00 P�
4 00 4 InoloRl 'ate Density Housing
B-2,B-211A,UMU,PLI Merl—Density Housing
B8 wgh Density Housing&
Mixed Use
ll Neighborhood&Communit
Commercial&Lushness
BP,M-1,NEHMU,PLI Office
Downtown Busine 1
® Mixed Use
L=1LIl °o'o'o
g�Large Commercial&Busln=
M-1,M-2,BP,PLI
Maker Space
Parks&Open Lands �O ®® raclurmg&Amson
? Q Pub[,c Lands,Parks.
PLI Its&open space
Etlucaronat Facivar
PLI
58 BOZEMAN'2020 COMMUNITY PLAN
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it's a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street,parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
A park is proposed along the eastern portion of the subject property and pedestrian routes
proposed through and around the development. This site is an additional phase of development
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for the overall Norton East Ranch Subdivision, surrounded by existing and entitled residential
uses to the west, south, and north with complimentary uses such as schools, church, parks, an
entitled grocery store, and employment opportunities within a relatively short distance. There are
no adopted development standards relating to the walk score.
The proposed development is adjacent to Adam Bronken Park and Soccer Complex, which
provides a variety of recreational opportunities from natural walking trails and sports fields in
addition to the proposed parklands which will serve as an extension of this area. The closest
grocery stores are Whole Foods and Rosauers Supermarkets which are on Huffine Road roughly
3.0 miles from the proposed development. There is an approved Site Plan on recorded for Town
& Country Foods to be developed on Fallon Street roughly 1.7 miles from the proposed
development. The two closest schools are the Petra Academy and Meadowlark Elementary
School which are both within 1.5 miles of the proposed development. The Streamline Goldline
has a stop on Ferguson Avenue and West Babcock Street, Ferguson Avenue and Cascade Street,
and North Ferguson Avenue and Durston Street, which is within 0.8 miles to 1.8 miles away
from the proposed development. There are also a variety of restaurants, automobile sales, retail,
and office uses along South Cottonwood, Huffine Line, and Fallon Street, a relatively short
distance from the proposed development which may provide employment opportunities nearby.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing.
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-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time.
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.
N-3.8 Promote the development of"Missing Middle"housing (townhouses, multi-household).
N-4.2 Incorporate features, in both public and private projects, to provide organization, structure,
and landmarks as Bozeman grows.
DCD-1.2 Remove regulatory barriers to infill.
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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.
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.
M-1.11 Prioritize and construct key sidewalk connections and enhancements.
M2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors.
APPENDIX B-DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Tyler Steinway, Intrinsik Architecture, 106 East
Babcock Street Suite IA, Bozeman, MT 59715, and the representative, Greg Stratton, Kilday&
Stratton, 2880 Technology Boulevard West, Suite 271, Bozeman, Montana, 59719 representing
the property owner, Patrick Eibs, 8FC, LLC, PO Box 11366, Bozeman, Montana, 59719.
APPENDIX C-NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period/City Commission public meeting per BMC 38.220.420, The City scheduled
public notice for this application on January 20, 2023 to February 28, 2023. The applicant posted
a public notice on the subject property on January 20, 2023. The City sent public notice to all
landowners of record within 200-feet of the subject property via first class mail, on January 18,
2023. Two written public comments have been received as of the writing of this report. All
public comments are included in the City's Laserfiche archive and available to the public.
One public commenter expressed concerns that this subdivision will cause increased traffic along
Laurel Parkway and Vaughn Drive. The potential impact of this traffic through the existing
Lakes at Valley West Subdivision to the north poses concerns for existing pedestrian activity
within the parks and open spaces along Laurel Parkway, and will limit the ability of both Laurel
Parkway and Vaughn Drive from accommodating two-way traffic and on-street parking. The
commenter stated that this may also impact accessibility for emergency services and denoted the
applicant should consider during the Phase 2 site planning that traffic flow should be directed to
Laurel Parkway or West Babcock Street. The commenter also denoted that a decrease in the
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speed limit in the area would be appropriate for pedestrian safety for patrons of the parklands
along Laurel Parkway.
Based on Staff s review of the proposed application, Vaughn Drive is a local street with a 60'
right of way. The proposed design of Vaughn Drive meets the City's design standards and
accommodates on-street parking. Laurel Parkway is a collector street with a 90' right of way.
The existing design of Laurel Parkway meets the City's design standards.
The other public commenter suggested that the northern portion of the proposed West Park
Subdivision should include the open space currently allocated adjacent to the intersection of
West Babcock Street and Laurel Parkway to create a buffer between the two subdivisions. This
commenter denotes that as recently proposed apartment complexes have been developed near
commercial areas and main roadways, the proposed apartments and multi-household
development allowed in the subdivision should be developed further away from the Lakes at
Valley West such as along West Babcock Street with housing types such as single to four
household dwellings, townhouses and rowhouses to be developed along the northern portion of
the subject property. Both commenters denoted that this approach would allow for an appropriate
transition between the newly proposed subdivision zoned R-4 and the existing single household
subdivision zoned R-1.
Per 38.220.060.A.13 and Appendix A of this staff report, the proposed preliminary plat has
provided future land use data consistent with the R-4 zoning district and the community plan.
The proposed uses of apartments and townhouses are allowed within this zoning district. The
BMC does not have provisions for the buffering or transitioning between R-1 and R-4 zoning
districts nor regulations for the placement of open space as denoted within the public comments.
Additionally, the BMC does not have provisions in which require the specific placement of
certain housing types within a neighborhood.
APPENDIX D - OWNER INFORMA TION AND REVIEWING STAFF
Owner: Patrick Eibs, 8FC, LLC, PO Box 11366, Bozeman, Montana, 59719
Applicant: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Street Suite IA,
Bozeman, MT 59715
Representative: Greg Stratton, Kilday& Stratton, 2880 Technology Boulevard West, Suite 271,
Bozeman, Montana, 59719
Report By: Nakeisha Lyon, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
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ATTACHMENTS
The full application and file of record can be viewed on the City's Community Development
Project Information Portal. Select the "Project Documents Folder" link and navigate to
application#22178.
The full application and file of record is also available digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials—Available through the Laserfiche archive.
This project can be viewed on the Community Development Viewer interactive map.
Submitted public comments during the public notice period are available digitally.