HomeMy WebLinkAbout Story Mill Neighborhood Major SubdivisionReport compiled on November 13, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Story Mill Neighborhood Major Subdivision P-07032 Findings of Fact
MEETING DATE: Monday, April 7, 2008
RECOMMENDATION: Approve the Story Mill Neighborhood major subdivision findings of
fact documenting the 12/3/2007 decision by the City Commission.
BACKGROUND: The Story Mill Neighborhood (SMN) subdivision was given preliminary
approval on December 3, 2007. The findings of fact documenting the review, public hearing, and
Commission decision have been prepared. The Commission must now give final approval to the
findings.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please contact Chris Saunders at csaunders@bozeman.net or 582-2260 if you have
questions on this item.
APPROVED BY: Chris Kukulski, City Manager
Andrew Epple, Planning Director
Attachments: Findings of Fact for the Story Mill Neighborhood major subdivision.
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF BLUE
SKY DEVELOPMENT AND WAKE-UP INC.,
REPRESENTED BY HYALITE ENGINEERS AND GBD
ARCHITECTS, FOR PRELIMINARY APPROVAL OF
THE STORY MILL NEIGHBORHOOD MAJOR
SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on December 3, 2007 for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified
Development Ordinance. The applicant presented to the Commission a proposed Preliminary
Subdivision Plat for a 167-lot Major Subdivision, as submitted in its original form on July 3, 2007,
#P-07032. The Commission held a public hearing on the preliminary plat and considered all relevant
evidence relating to the public health, safety, and welfare, including the recommendation of the
Bozeman Planning Board, to determine whether the plat should be approved, conditionally approved,
or disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On July 3, 2007, Blue Sky Development, Inc and Wake Up, Inc., represented by Hyalite
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Engineers and GBD Architects, submitted an application for approval to create a Major Subdivision
on 106.651 acres. The subdivision was submitted in conjunction with a zoning Planned Unit
Development. The two projects are substantially interrelated and the approval of the subdivision
required approval of modified development standards proposed through the Planned Unit
Development. The subject properties are legally described as Certificate of Survey 2547 and Tract 18,
Northeast Annexation, located in NW¼ of Section 5, and NE¼ of Section 6, Township 2 South,
Range 6 East, and the SE¼ of Section 31 and the SW¼ of Section 32, Township 1 South, Range 6
East, P.M.M., Gallatin County, Montana.. The property is annexed with zoning designations of B-1
(Neighborhood Business District), B-2 (Community Business District), M-1 (Light Manufacturing
District), RS (Residential Suburban District), R-2 (Residential Two-household Medium Density
District) and R-4 (Residential High Density District) and portions fall within the Neighborhood
Conservation Overlay District and the North Rouse Avenue/Bridger Drive Entryway Overlay District.
During review of the application for Adequacy pursuant to Section 18.06.040, BMC a
deficiency was identified in a missing signature on the application from the owner of one of the
parcels within the proposed subdivision. The parcel affected was the subject of a contract dispute
between Blue Sky Development, Inc and the previous owner. Rather than have the application
rejected as inadequate for review, the applicants granted a series of extensions to the required review
period for determination of adequacy while they pursued legal remedies to obtain the required
signature. The City received a copy of a judicial order dated October 11, 2007 authorizing the City to
proceed with the subdivision review while the contractual matters were resolved. Upon receipt of the
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judicial order the application was considered to be adequate for review and the application continued
in the review process.
II.
The comments of the Development Review Committee, Wetlands Review Board, Recreation
and Parks Advisory Board, along with those of Planning & Community Development Staff, were
incorporated into a staff report with suggested conditions of approval, which was provided to the
City of Bozeman Planning Board.
III.
Public notice was provided via publication of a legal notice in the newspaper on October 21,
2007, posting the subject property on October 19, 2007, and certified mailing of notices to adjacent
property owners and first class mailing of notices to other property owners within 200 feet of the
subject property on October 18, 2007.
The City of Bozeman Planning Board held a public hearing on November 6, 2007. The
Planning Board found that the application was properly submitted and reviewed under the procedures
of the City of Bozeman Unified Development Ordinance, Title 18, BMC. Staff reviewed the staff
report and the evidence which justified the imposition of conditions.
The Planning Board then opened the public hearing for public comment and two members of
the public provided testimony expressing concern regarding configuration of trails and parks; one
member of the public spoke regarding the construction of the Oak Street Connector; and four
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members of the public had previously submitted written comments regarding the construction of the
streets and installation of improvements, expressing support for the project, opposing the project and
its impacts of character of the community, and identifying some other issues more appropriately
addressed through the PUD.
The City of Bozeman Planning Board after consideration of the subdivision review criteria,
the application materials, and public testimony moved to recommend conditional approval of the
subdivision with conditions as recommended by Staff and passed on a vote of 9-0.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
December 3, 2007, at which time the recommendation of the Planning Board and information
compiled by City staff was reviewed. Written public comment received after the Planning Board
hearing was provided to the Commission prior to the meeting and one member of the public spoke in
opposition to the application. Prior to acting on the subdivision the City Commission had conducted
a public hearing on and granted approval to the companion Planned Unit Development.
V.
A. Primary Review Criteria
1. Effects on Agriculture.
The property is annexed, and has been zoned and master planned for development. The
adopted Growth Policy identifies this property as a variety of urban uses. The City
Commission approved urban zoning on the property with zone map amendments Z-06203 and
Z-07014. The zoning designations and adopted Growth Policy do not contemplate
agricultural uses for this property. The property has been used in the past for periodic grazing.
Some existing farm building remnants are present but have been heavily modified. No
meaningful impact on agriculture is expected as a result of the subdivision.
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2. Effects on Agricultural Water User Facilities.
The applicant must ensure that no agricultural water user facilities or neighboring agricultural
uses will be impacted by this development. A ditch is present along the Story Hill to the east
and flows north to south with a spillway to the west to connect to the East Gallatin river.
There is no watercourse setback from the ditch although a maintenance easement is required.
The applicant’s have requested to offset the easement to the east to avoid conflict with a
proposed parking structure. Given the topography of the hillside this does not appear to
interfere with the function of the easement. See Subdivision Application, Volume III, Tab 9.
A deviation to provide a nonstandard width of easement was not supported by staff and
applicant’s have agreed to provide a full width, but offset easement. The owners of the ditch
continue to use the ditch therefore the easement is necessary and the ditch owners have been
informed of the proposed development and have not objected.
3. Effects on Local Services.
Water/Sewer:
The water main from the Lyman Creek reservoir, the City’s original water supply, traverses
the project area. The proposed lot area and arrangement will require relocation of portions of
the main. The City does not oppose the relocation but does require that the relocation occur
in a single effort to avoid multiple disruptions of service and increased risk of damage to the
pipe and surrounding properties. Extension of municipal water mains in the area will provide
local service water for domestic and fire protection services. An extension of municipal
sewage lines will provide for sewage collection and disposal. There are several large diameter
sewer pipes in the area which will accept flows from this development.
As development occurs with each phase it will be necessary to reassess available capacity.
Final approval of the water distribution system and sewage collection and disposal system for
this subdivision proposal will be obtained through the normal approval procedures of
preliminary and final plat review by the City Engineer’s Office, Superintendent of
Water/Sewer, and Montana Department of Environmental Quality. Adequate capacity in
downstream mains to serve the proposed phase must be demonstrated prior to each phase
beginning construction. Applicants have sought approval for concurrent construction of
infrastructure and structures for phases 1 and 2 only. Staff is agreeable to this request
conditional on the applicants complying with all of the requirements of Title 18, BMC relating
to concurrent construction.
The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No building
permits will be issued prior substantial completion and City acceptance of required water and
sewer infrastructure improvements, unless otherwise permitted under request for concurrent
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construction as described in the BMC. Water and sewer main extensions must be completed
or financially guaranteed prior to final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. The proposed development with up to 1,200 homes plus other uses at full
build-out will constitute a substantial increase in demand for municipal water supply. In
keeping with the City’s existing policies, water rights or cash-in-lieu not already provided
with annexation must be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineering Division prior to
filing of the final plat to facilitate fire and police response to the site.
Streets: This item is more fully reviewed under the criteria for legal and physical access.
Street improvements, including lighting, must be completed or financially guaranteed prior to
final plat approval. The application proposes an alternative lighting standard which has been
reviewed and found to satisfy the intent and purpose of the City’s lighting requirements and
which has been approved as an alternate standard as is allowed under Section 18.42.150,
BMC.
Stormwater Management:
See the Subdivision Application, Volume III, Tab 11. The applicants proposed a privately
maintained stormwater recapture and reutilization system to reduce stormwater flows and
conserve water. The captured stormwater will be utilized for irrigation of open spaces and
water features, not for domestic consumption. Detention ponds located within the open space
areas of the subdivision will provide stormwater management. The standard requirement for a
Stormwater Master Plan applies to this project. The standard code requirements apply,
including the requirements for plans and specifications, detailed design reports, and
engineering services for construction inspection, post-construction certification and
preparation of mylar record drawings applies. Except as allowed by concurrent construction
for phases 1 and 2, no building permits will be issued prior substantial completion and City
acceptance of required stormwater infrastructure improvements. Stormwater improvements
must be completed or financially guaranteed prior to final plat approval. In order to avoid
cross connections between the stormwater reuse system and other conflicts with public
utilities the developers must provide record drawings of installed facilities, use distinctive
piping, and take other actions coordinated with the Water and Sewer Department to prevent
conflicts.
Parks and Recreation Facilities:
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The Story Mill Neighborhood subdivision application provided an integrated open space,
trails, and parks plan for all phases, see the Subdivision Application, Volume III, Tab 16
Parks & Open Space Plan. Such an integrated plan is allowed under Section 18.50.100.G,
BMC. The overall plan discusses individual detailed plans for several small parks each with a
unique character. Developed plans illustrate a variety of park types from passive such as the
Wetland Park to the socially active such as Meadow Park. Given the integrated nature of the
park proposal it is important that the final park plans correspond with the initial proposal as
adjusted by conditions. Should the need for changes arise there is an amendment process for a
park plan. There are certain development standards required for all parks, see Section
18.50.080, BMC. Some of the individual park plans need adjustment to timing of installation
for certain items to conform with the development standards.
Section 18.50.020, BMC describes how to calculate the required park land dedication. The
baseline requirement is 0.03 acres of parkland per dwelling unit. However, development
above a defined density does not require an additional parkland requirements. Should certain
standards for park frontage not be satisfied then additional cash in lieu requirements are
applicable. There is also a timing component within the dedication requirements recognizing
that not all details of site development may be known at the time of subdivision, see Section
18.50.020.A.2. The Story Mill Neighborhood development as proposed significantly exceeds
the overall density caps for parkland development. Therefore, the amount of parkland
provided is less than if each dwelling provided the 0.03 acres. This is consistent with the
City’s stated intent to facilitate infill and increased density in development.
The Parks and Open Space plan depicts significant acreage, 29.93 acres, of public open space
in addition to the required park area. Much of this additional area is the result of watercourse
setbacks and has been programmed and integrated with the parks and trails. See the
Subdivision Application, Volume I, Tab Preliminary Plat Supplements, sheet 2 of 14 for a
map and listing of areas. Due to topographic limitations such as the East Gallatin River and
legal limitations such as adjacent ownerships outside the developers control, as well as some
design choices, none of the public parks have the required 100% frontage. A listing of park
frontage provided by individual park is presented under the Subdivision Application, Volume
III, Tab 16 Parks & Open Space Plan. Applicants proposed to provide as mitigation to this
non-compliance a cash-in-lieu of parkland dedication equivalent to an additional 2.05 acres of
parkland. In total the application proposes 13.4 acres of actual park and 4.77 equivalent acres
of cash in lieu of parkland. Applicants are not requesting a reduction in park land as part of
the workforce housing package.
Cash-in-lieu of parkland may either be provided by a cash payment or may be satisfied by
installation of qualifying improvements as described in Chapter 18.50, BMC. At this time
applicants have indicated that they believe the installation of the depicted trails will satisfy the
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cash in lieu requirement. As the park package is part of the overall development the applicants
will need to specify how they intend to complete overall compliance before final platting of
the first phase.
The Parks and Open Space plan contained in the Subdivision Application, Volume III, Tab 16
Parks & Open Space Plan contains a trail plan as part of the open space for the project. The
development is providing formally dedicated parks as well as privately held open spaces some
of which have trails within them. The trails and sidewalks together provide a high degree of
connectivity throughout the development and to adjacent properties. Currently the Story Mill
Spur Trail passes to the east of the southern component of the property and then when it
intersects with Story Mill Road turns north and continues paralleling Story Mill Road to its
intersection with Bridger Drive.
A number of the trails are located along the Bozeman/Sourdough Creek and East Gallatin
River watercourses. The East Gallatin River, which bisects the project, is crossed by non-
motorized trails in two locations and along the proposed Volmer Street. The trail location
along Bozeman/Sourdough Creek is interrupted by other development. A trail easement is
being provided adjacent to the extension of Bryant Street to enable a future trail connection
when the interrupting property is redeveloped or otherwise becomes available.
Several of the trails cross through delineated wetlands. The Wetland Review Board, Planning
Staff, and the Planning Board recommended that some of the trails be removed or relocated
to minimize impacts. Alternative route options were considered to exist either by sidewalk or
trail location changes. A condition was been drafted giving specific direction for the proposed
changes. The Recreation and Parks Advisory Board supported the original trail locations as a
recreational amenity and asserts a lesser quality experience will be had by pedestrians without
the trail locations within the wetlands. One trail crosses an existing stormwater pond located
south of the stockyards. The pond was necessitated to capture runoff from the animal waste.
Now that the use is changing the pond may be unnecessary. Because of hazards of open water
in proximity to the boardwalk the structure should either have rails or the pond should be
filled and/or relocated. Upon consideration of the matter the City Commission concluded that
a modification to the condition was appropriate to allow some continued trail crossings but
that some portions of the condition should be retained. The revised condition is presented in
the Order below.
The Riverside Park depicts an amphitheatre but does not show a base for performances. This
item should be clarified and adjusted as needed to correspond with any changes to the nearby
existing runoff pond. Alignment and character of certain trail segments should be adjusted to
remove potential hazards from offset intersections or help the flow of users move more
smoothly.
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Due to the requested 10 year extended approval period and the essential nature of parks and
open spaces in establishing the character of the development, the presence or absence of
parks and open spaces will have a significant influence on ensuring that the character of the
proposed development remains intact over the 10 year approval period. Therefore, to ensure
adequate pedestrian circulation and help establish greater certainty in the pattern of
development over time, the applicant shall provide easements for all parks and trails outside
of parks in all phases with the initial final plat. This will partially mitigate the increased
uncertainty created by the extended approval period.
4. Effects on the Natural Environment.
Landowner entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. An executed Memorandum of Understanding has
been entered into with the County Weed Board and a copy has been provided with the
preliminary submittal.
Based on the geotechnical information provided, staff is recommending that the following
information shall be included with the final plat for blocks 10-18. Buildings proposed for
construction with crawl spaces or basements shall include Engineer Certification regarding
depth of ground water and soil conditions and proposed mitigation methods to be submitted
with each Building Permit.
The project has been presented as a development with many sustainable and energy efficient
features. See the PUD Application, Volume I, Tab 1J. Reuse of buildings, reduction in
construction waste, multi-modal transportation support, and similar actions will reduce the
environmental impacts of the project. Increased population density will minimize the amount
of land consumed by development and increase energy efficiency of the project. These off-
setting benefits help support the applicant’s assertion that the subdivision satisfies the intent
and purposes of applicable subdivision and land use regulations. Further discussion of effects
on the natural environment is contained under the review criteria for wildlife and wildlife
habitat.
5. Effects on Wildlife and Wildlife Habitat.
Landowner has caused the subdivision to be designed to largely avoid the wetlands present on
the property. Specific standards have been included in the Development Manual which will
provide identification and buffering of wetlands. As discussed above, it is recommended to
remove or relocate several trail segments which currently cross wetlands.
There are no known endangered or threatened species on the property. There are species
present which could conflict with human uses. Conditions have been established to mitigate
the concern. Provisions have been made for long term protection of open spaces which will
provide diverse habitat for animals. The storm water capture and treatment system will reduce
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water quality impacts and protect stream habitat for aquatic species.
The property has been historically used primarily for industrial/agricultural purposes such as a
grain mill, slaughter facility, and stock yard. A residential area along Bridger Drive has been
developed and numerous large mature trees are present as are other typical residential
landscaping materials. A large portion of the property south of the East Gallatin River has
been low intensity grazing land with very high groundwater. The grazing and industrial
practices in the area have significantly altered the vegetation and encouraged spread of
noxious weeds. A fully executed Memorandum of Understanding for a weed control plan with
the Weed District is included in the Subdivision Application, Volume I, Tab Preliminary Plat
Supplements.
Significant stands of mature trees and other riparian vegetation are present along the sides of
the Bozeman/Sourdough Creek and the East Gallatin River. The setbacks from the
watercourses protect the majority of the streamside vegetation. There will be some intrusion
for pedestrian and vehicular crossings. Crossings will be perpendicular to the stream and
minimize impacts. The northern slope of the Story Hills has a stand of large conifer trees
which provide cover for a variety of wildlife. No changes are proposed to this area.
The Development Manual for the PUD has standards for landscaping which requires native
species. Restrictions are placed on vegetation maintenance to reduce contaminant runoff to
surface waters or wetlands.
Wildlife:
No known endangered species or critical game ranges have been identified in the area. The
75-foot and 100-foot watercourse setbacks along the existing watercourses will protect the
riparian environment already established on the property. Birds and small mammals primarily
rely upon the multi-layered environment along the stream banks. Beaver are periodically in the
area and due to their building of dams can alter the wildlife habitat. Large animals do move
through the area periodically including deer and black bear which were seen in the fall of
2007.
The wildlife assessment offered several suggestions for minimizing impacts on wildlife. The
Development Manual presented in the PUD Application, Volume I for the project
incorporates a number of these items. An addition to either the Development Manual or
associated development bylaws and covenants should be made to require control of domestic
animals to reduce predation and harassment of wildlife.
Wildlife habitat has been preserved by limiting impact on the north slope of Story Hills,
preserving the majority of streamside vegetation, minimizing wetland damage and providing
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for clean up and enhancement of existing wetlands. The proposed open space plan calls for
trash receptacles to be placed in various locations. This will discourage litter with possible
negative impacts on wildlife. Unless properly designed and maintained trash containers can
serve as attractants to bears with a corresponding hazard to both animals and humans. The
Parks and Open Space plan has a recommended style of litter receptacle which is not bear
resistant. See Subdivision Application, Volume III, Tab 16 Parks & Open Space Plan, page
40. The applicants need to coordinate with Montana Fish Wildlife and Parks to select a bear
resistant trash receptacle for inclusion with the specifications.
6. Effects on Public Health and Safety.
Because municipal sewer will service future development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and general
welfare. The subdivision has been reviewed and determined to be in compliance with the title.
Any other conditions deemed necessary to ensure compliance have been noted throughout
these findings.
Floodplains:
The floodplain study was contained in the Subdivision Application, Volume II, Tab 2. No new
structures are proposed for placement within the defined floodplain. The City of Bozeman has
established a watercourse setback which restricts development within the flood plain. The
applicant’s propose to comply with the setback. The floodplain area is intended to be utilized
for public open space. There are proposed to be street and trail crossings through the flood
plain. These are for Volmer Street, Griffin Drive and L Street in four locations. At the time of
subdivision approval Griffin Drive and L Street are existing streets. The majority of work
proposed is to bring the street sections up to an approved standard. The trails are proposed to
cross the streams in two locations. The trail network is shown in the PUD application,
Volume III, Tab 16 Parks & Open Space Plan.
The regulated floodplain is only those portions where flooding is in excess of one foot.
Shallower areas or 500 year floodplain are also present but are not part of the typical
floodplain regulations. None the less, shallow flooding also has potential to do damage. In
order to minimize possible flood damage structures need to be elevated above the water level
and an engineer’s certification provided as to elevation.
A watercourse setback is present along Bozeman/Sourdough Creek and the East Gallatin
River. The floodplain is located primarily within the setback area. Several buildings are
present within the setback area. North of the East Gallatin River several structures associated
with the historic stockyards are present. South of the East Gallatin River and near to Story
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Mill Road are the Volmer slaughterhouse and rendering plant and a more modern metal
storage structure. The historic inventory in the Subdivision Application, Volume II, Tab 7 and
as updated indicates that the Volmer structures are historic and the building on the east side
of the river is not. The Volmer structures are proposed to be reused and the east structure to
be removed which will reduce potential flooding hazard.
Groundwater:
The groundwater investigation was conducted in spring of 2007 and showed a highly variable
depth to groundwater across the site. See the Subdivision Application, Volume II, Tab 3. A
table of measurements to depth is contained in the submittal. The presence of extensive
wetlands and multiple surface water features indicates a large quantity of water present on the
site. The highest ground water levels were documented in the area denoted as Blocks 10-18.
Water levels at this location are high enough to cause challenges for on-site development.
Variable types of development are proposed within Blocks 10-18 ranging from detached
single homes to large multiuse buildings with subgrade parking. No material amounts of
deliberate irrigation have been present in this area so there is no reason to conclude that the
change from current to proposed uses will reduce groundwater recharge and therefore depths
to groundwater will remain fairly constant with existing conditions.
Blocks 1-9 and 19-30 were found to have a lower groundwater level with a variable depth
from 4 to 18 feet. The existing mill building has an extensive basement originally developed
for hydraulic power generation for milling operations. Several significant subgrade parking
structures are proposed in these areas north of the East Gallatin River. These and other
basement structures will require careful engineering design to account for groundwater.
With adequate engineering and building design it is anticipated that the development
constraints from the high groundwater may be overcome. A note will be required with the
final plat that due to high ground water conditions in the area full or partial basements are not
recommended. Buildings proposed for construction with crawl spaces or basements shall
include Engineer Certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each Building Permit. Installation of
municipal water and sanitary sewer services will greatly reduce any concerns regarding the
potential of groundwater degradation.
Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic
Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical
features or topographical conditions have been identified for development, and no slopes in
excess of fifteen percent (15%) grade are proposed for development, with the exception of
Block 5. The most significant topographic features is the tip of the Story Hills which are
primarily designated as public park. The toe of the slope will be cut to provide a subgrade
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parking structure to support development of adjacent town homes. Fully detailed geotechnical
investigations will be required with the building permit for that site.
The presence of surface and groundwater influences the types of soils present on the site. The
application generally proposes to avoid development in wetlands or in areas adjacent to the
surface streams. Roads will be necessary to cross these areas and applicants are proposing an
alternate street standard to minimize impacts.
Other than the need to dewater areas for utility installation there does not appear to be
anything in the geotechnical report that indicates any geologic hazards. The Building
Department will require a soils report for each lot prior to approving a building permit.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1) The final plat shall comply with the standards identified and referenced in the
Bozeman Municipal Code. 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. The special standards approved through the Planned Unit
Development, Z-07159, supersede certain zoning requirements and shall therefore be
equally enforceable as any other zoning requirement.
2) Section 18.42.180 requires 10% of the net buildable area to be devoted towards
Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the
RSL requirement. The RSL designation shall be recorded on the individual lots in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180. Notes describing RSLs shall indicate the correct section of the code.
3) Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
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filed documents shall be submitted with the final plat.
4) Covenants, restrictions, and articles of incorporation for the creation of a
homeowners’ association shall be submitted with the final plat application for review and
approval by the Planning Office and shall contain, but not be limited to, provisions for
assessment, maintenance, repair and upkeep of common open space areas, public
parkland/open space corridors, stormwater facilities, public pathway/trails, snow removal,
and other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Municipal Code.
5) Prior to final plat or final PUD plan approval, a common area and facility maintenance
plan and guarantee shall be provided for the permanent care and maintenance of open
spaces, recreational areas, stormwater facilities and parking lots in accordance with
Chapter 18.72 or the Bozeman Municipal Code. The same shall be submitted to the city
attorney and shall not be accepted by the city until approved as to legal form and effect. A
draft of these documents must be submitted for review and approval by the Planning
Department at least 30 days prior to filing and recordation with the Gallatin County Clerk
and Recorder.
6) Section 18.78.070.D requires a Final Park Plan to be approved by the City
Commission, with a recommendation from the Bozeman Recreation and Parks Advisory
Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to
the Planning Office for review prior to installation of any improvements or prior to Final
Plat submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
7) The Final Plat shall conform to all requirements of the Bozeman Municipal Code and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required and
corrected certificates. The Final Plat application shall include four (4) signed reproducible
copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital
copies; one (1) PDF copy; and five (5) paper prints or such standards for documentation
as the City may require at the time of Final Plat application.
8) If it is the subdivider’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion of
all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. If the Final Plat is filed prior to the installation of all
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improvements, the subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
9) The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed, and shall include a digital copy (PDF) of the entire Final Plat
submittal. This narrative shall be in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
10) Stormwater Master Plan:
(a) A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
(b) The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan
shall include sufficient site grading and elevation information (particularly for the
basin site, drainage ways and finished lot grades), typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations
and a stormwater maintenance plan.
(c) Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot
runoff, public or private streets, common open space, parks, etc.) shall not be
located on easements within privately owned lots.
(d) While the runoff from the individual lots will be dependent on the intensity of use
on each lot, the maximum sizing of the storm retention facilities for each lot will
be established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the FSP for each lot.
11) Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. All plans and specification shall comply
with the current version (including all addenda) of the City of Bozeman Design Standards
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and Specifications Policy and the City of Bozeman Modifications To Montana Public
Works Standard Specifications Fifth Edition that have been adopted at the time of
approval of the plans and specifications.
12) No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements unless all of the requirements of
section 18.74.030.D are met to allow for concurrent construction.
13) All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
14) City standard sidewalks, or special standard sidewalks approved through the PUD,
shall be constructed on all public street or public access street easement frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This requirement shall be included on the final plat for the subdivision.
15) The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
16) Flood plain:
(a) A Flood Plain Development Permit must be obtained from the City Engineer prior
to any work within the delineated 100 year floodplain.
(b) The 100 year flood plain boundary and flood elevations must be depicted on the
final plat.
(c) Culvert sizing design calculations shall be provided for the stream crossing.
(d) All buildings must be flood proofed to at least 2' above the 100 year flood
elevation. Elevation Certificates must be provided for each building following
completion of construction.
17) The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to final plat approval.
18) Ditch relocation:
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(a) The Montana Fish, Wildlife and Parks shall be contacted by the Applicant
regarding the proposed relocation and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to FSP approval.
(b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch
relocation unless a relaxation has been approved as part of the PUD.
19) Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement. All weather access roads shall be installed to
any manholes that are not located in an improved area.
20) Project phasing shall be clearly defined including installation of infrastructure.
21) The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
22) The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
23) All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
24) If the use of impact fees is going to be pursued as mentioned throughout the
preliminary plat submittal, they must be applied for through a separate process.
Preliminary plat approval would not constitute a request or approval of the use of impact
fees. Impact fee credits may be requested in accordance with the provisions of Chapter
3.24, BMC.
Historical Features:
See Subdivision Application, Volume II, Tab 7. A cultural resource preliminary inventory was
conducted and submitted with the initial PUD Plan and the preliminary Plat. On October 15th
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a revised and updated cultural resource inventory was submitted. As described under the
Background section of the staff report presented to the Commission for their December 3,
2007 public hearing, the Story Mill Neighborhood site has been actively utilized for many
years. As an infill and redevelopment project it has potential to significantly affect the historic
structures and fabric on the site.
The subdivision process establishes public spaces such as rights of way and parks. The
proposed development will relocate two historic streets, Story Mill Road and Hillside Lane.
Both were part of the original main road up Bridger Canyon and have been in existence for
over a century. The relocations will not affect historic road structures such as bridges or
materially change the destinations, but will place the streets in legally established locations
which are supportive of further development. Currently, there are buildings encroaching into
the Story Mill Road right of way.
The cultural resource inventory indicates that there will be some buildings which will be
renovated, some removed, and others potentially relocated on the site. The majority of the
individual site issues relating to historic preservation are best addressed through the standards
and processes established through zoning authority. Therefore, conditions and further
discussion of historic preservation issues are provided for through the Planned Unit
Development review.
D. Compliance with the required subdivision review process.
A preliminary plat application was submitted on July 3, 2007. The required acceptability letter
was sent on July 11, 2007. The preliminary plat was reviewed by the DRC on July 18 and 25,
2007. During the review a problem was identified regarding owner signatures. Rather that
having the application deemed inadequate for review the owners granted extensions until the
matter could be corrected. On October 15, 2007 the City received a court order from the
Montana 18th Judicial Circuit Court authorizing the City to continue the review while the
matter of owner’s signatures was resolved. The DRC, with the owner’s representatives
present, then conducted its final review and found the subdivision adequate for review on
October 24, 2007. A conditional recommendation of approval was forwarded for
consideration by the Planning Board and City Commission. The required adequacy letter was
mailed on October 30, 2007. Additional review entities or agencies provided written
comments which were also included within the materials provided for the Planning Board and
City Commission.
The hearings before the Planning Board and the City Commission have been properly noticed,
as required in the Bozeman Municipal Code. Public notice for this application was placed in
the Bozeman Daily Chronicle on Sunday, October 21, 2007. The site was posted with a
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public notice on October 19, 2007. Notice was sent to adjacent property owners via certified
mail, and to other property owners of record within 200 feet of the subject property via first
class mail, on October 18, 2007. The City had compiled a list of interested persons other than
those who were adjacent or within 200 feet who had provided a mailing address. On October
22, 2007 the City sent notice to the additional interested persons via first class mail.
The subdivision staff report was drafted and forwarded with a recommendation of conditional
approval to the Planning Board for consideration at its November 6, 2007, public hearing.
The City Commission made a final decision at the December 3, 2007 public hearing. A final
decision for a major subdivision from a tract of record had to be made within 60 working days
of the date it was deemed adequate or in this case by January 23, 2008.
In conjunction with the subdivision preliminary plat, application was made for a Conditional
Use Permit (CUP) for the Story Mill Neighborhood Planned Unit Development (PUD).
Portions of the site were previously developed with a variety of residential and
industrial/agricultural uses. In connection with the PUD deviations have been requested from
various City standards. The majority of those deviations are related to zoning issues and are
addressed in the PUD staff report and needed mitigation has been provided through the PUD
approval. Numerous deviations have been requested to enable development of the project
with a character more urban in design and configuration. Although there are many deviations,
the complexity and size of the project means that no individual lot is affected by a majority of
requested deviations.
Relaxations: The applicant requested the following relaxations or special considerations
relevant to the subdivision:
• Extended approval period of up to 10 years – Section 18.06.040.D.6, BMC
• Concurrent construction of buildings and infrastructure for Phases 1 and 2 only –
Section 18.74.030.D, BMC
• A combination of Private and Public streets with alternate standards – Sections
18.44.020, 18.44.060, and 18.44.080, BMC
• Alternate street and site lighting – Section 18.42.150.C&D, BMC
• A single coordinated park plan across all 10 phases with alternate park configurations
– Sections 18.50.060 and 18.50.100.G, BMC
After consideration the City Commission found that the approval of the relaxations or special
consideration resulted in a superior design. Where necessary conditions of approval were
imposed to mitigate negative impacts resulting from the development. Other relaxations have
been requested which are applicable to the zoning standards. These are described in detail in
the PUD staff report and findings.
Building Permits: The applicant has indicated a desire to submit a Concurrent Construction
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Plan under Section 18.74.030.D. A Concurrent Construction Plan that addresses all aspects of
this section to the Planning Department for DRC review and Planning Director approval
before concurrent construction may be approved. The concurrent construction would only
apply to Phases 1 and 2 of the development. Individual site plans have been submitted for
these phases as part of the PUD submittal now under review in parallel with the subdivision.
Unless such plan is approved and executed, building permits will not be issued for any lot in
this subdivision until all required on and off-site improvements are completed and accepted by
the City of Bozeman. No building permits will be issued until the Final PUD plan and
appropriate plans and specifications for infrastructure have been approved.
E. Provision of easements for the location and installation of any planned utilities.
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows
10-foot utility easements being provided along the fronts of the lots. Letters from the
applicable utility companies were provided indicating that service can be provided to this new
development.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from frontage on internal local streets or alleys. The
streets and alleys are proposed to be a combination of public and private with public access
easements. As described in the Subdivision Application, Volume III, Tab 12.
Access: Primary access to the subdivision will be from L Street, Bridger Drive/North Rouse
Avenue, Griffin Drive, Bryant Street, and Story Mill Road. A minor access will be provided
by Hillside lane. Based on adequate access separation distances on Bridger Drive, there is a
one (1) foot wide “No Access” strip is required for all lots fronting onto Bridger Drive. As
discussed below, the extension of Oak Street will provide future access. This will provide
both legal and physical access to the subdivision.
Traffic Generation: A detailed Traffic Impact Study for the entire Story Mill Neighborhood
Development has been provided to and reviewed by the City Engineer’s office. Prior to
submittal the applicants also sought peer review as described in the study. An Executive
Summary as well as the full study was included in Volume III, Tab 12 of the subdivision
submittal. Based on the study this subdivision at full build out in 10 years will generate up to
13,670 average weekday total trips with a peak hour average weekday total trips of 1,228.
The capacity of a street is primarily determined by its hourly peak vehicle capacity.
The proposed development is a mixed use project which intends a significant amount of
internal trip capture or mode of travel shift. Typically, a mixed use development begins with
primarily residential development in order to develop a source of customers for the future
businesses. In this circumstance there is a considerable quantity of existing housing already in
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the area and up Bridger Canyon. The applicants are proposing two of the first three site
development approvals to be commercial in nature. The development of basic commercial
services at this intersection should have the effect of capturing a portion of the traffic which
otherwise would have continued down Bridger Drive to obtain services and thereby reduce
overall traffic flow on the street system. The full effects would not be manifested until the
later portion of the project.
The Conclusions & Recommendations section beginning on page 70 of the Traffic Impact
Study recommends certain improvements per phase of development to help ensure the
continued adequate function of area streets. These improvements include signalization now
underway, future signalization when warranted, and possible expansion of capacity and
connectivity.
The Story Mill Neighborhood has sought an extended approval period of ten years. This
increases the uncertainty of the project’s traffic forecast because of factors beyond the
developer’s control. Should extensive development occur in Bridger Canyon it may increase
traffic beyond what is expected. To mitigate this uncertainty, an updated Traffic Impact Study
will be required prior to approval of plans and specifications for each phase of the subdivision.
If the updated study shows a need for roadway modifications sooner than expected those
modifications shall be completed prior to final platting of that phase.
Capacity: Bridger Drive is designated as a Major Arterial, and Story Mill/L Street is
designated as a collector. The State is currently developing the environmental review
documents to consider renovations, including possible widening, for Bridger Drive/North
Rouse Avenue. Portions of the public outreach materials for the state project are included in
Appendix D of Tab 12 of the subdivision application. According to the traffic report
submitted with this subdivision application the existing street network will be adequate to
carry the generated traffic.
Currently the City is funding installation of traffic signals at North Rouse Avenue and Griffin
Drive and North Rouse Avenue and Oak Street. These signals will facilitate necessary turning
movements and address intersection failures that had occurred independent of the proposed
Story Mill Neighborhood project. Additional need for signalization may be identified with the
updated Traffic Impact Studies as described above.
The City’s transportation plan examines long term transportation needs, including network
development, throughout the city and surrounding areas. Figure 11-7 of the 2001 Greater
Bozeman Area Transportation Plan Update depicts existing and future arterial and collector
street general alignments. This figure shows a future connection, the Oak Street Connector
(OCS), from L Street to Birch/Oak Street just east of the intersection of Oak Street and
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North Rouse Avenue. This connection is an elevated grade separated connection over the
railroad and linking L Street and Birch/Oak Street. The City has listed this connection on the
Street Impact Fee Capital Improvement Program. This makes impact fee funds available to
help pay for the construction of this work. Some additional funds will also be required for the
project’s construction.
This connection will provide additional access to the west from the Story Mill area without
sending vehicles through existing development. The OCS will provide circulation
improvements by providing a transportation route which is not blocked by periodic rail traffic.
This improves both travel and safety functions. The design of the OCS, as with any major
street improvement, requires a significant commitment of time and resources. It is possible
that as the Story Mill Neighborhood develops the OCS will become necessary. In order to not
artificially delay development of the project the OCS should be designed and reviewed
preparatory to construction. To ensure timely development of the design a condition requiring
development prior to a specific phase as described in the conditions of approval. In the event
it becomes necessary the plans will be available for use. Design and development of the OCS
is also eligible for impact fee funding.
Bicycle and Pedestrian Pathways, Lanes and Routes: According to the Bike Route Network
of the Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-4) and the
Recommended Street Standards of the Greater Bozeman Area Transportation Plan (Figures
11-2 and 11-4), bike and pedestrian facilities are required along all collector and arterial
streets. A boulevard trail is depicted along Bridger Drive, however the Department of
Transportation (MDOT) has not yet designed the section for the street north of Main Street.
Typically street improvements are not required until a phase of development is adjacent to
that street. Phase 5 is located along Bridger Drive. Therefore, if MDOT has not yet installed
the boulevard trail the development shall install it per MDOT specifications and consistent
with any completed design process.
Street Standards: The applicants proposed a combination of public and private streets with a
variable built section through the mechanism of the Planned Unit Development. See the
Subdivision Application, Volume I, Tab Preliminary Plat Requirements, Road Sections. The
streets to remain public are Bridger Drive, Griffin Drive, Story Mill Road, and Hillside Lane.
The proposed alternate streets provide all of the functional elements required including
facilities for pedestrians and bicyclists. Alternate paving materials and widths, elevated
structures in locations (See Subdivision Application, Volume II, Tab Surface Water, sheet
WETL 404-6 for a map of elevated sections) necessitate the private street process. Public
legal access will be provided by easement.
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Due to the requested extended approval period and the essential nature of transportation in
land development, the presence or absence of streets will have a significant influence on
ensuring that the character of the proposed development remains intact over the 10 year
approval period. Therefore, to ensure adequate circulation and help establish greater certainty
in development over time, the applicant should provide easements for all streets in all phases
with the initial final plat.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Growth
Policy, and the requirements of the City of Bozeman Unified Development Ordinance and the
Montana Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or
referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure
that the final plat complies with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of The
Story Mill Neighborhood Major Subdivision, be approved, subject to the following conditions:
1) Development of the subdivision shall conform with the City of Bozeman adopted standards
and practices except where special standards have been established through the subdivision or
zoning planned unit development approval process. If a special standard has been adopted
then development shall conform to the special standard.
2) Easements for all streets in all phases shall be provided at the time of the final plat submittal
for the first phase. Easements for streets not included within the outer boundaries of the first
phase final plat shall be separate easement documents distinct from the plat of the first phase.
Improvements to streets not required for phase one are not required to be installed until the
phase containing that portion of street is developed.
3) Easements for all public parks and open spaces accessible to the public throughout the whole
of the project shall be provided at the time of the final plat submittal for the first phase.
Easements for public parks and open spaces accessible to the public, but outside of the first
phase, shall be separate easement documents distinct from the plat of the first phase.
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Improvements to parks and open spaces are not required until the phase containing that
portion of street is developed.
4) An easement shall be provided for all publicly available trails outside of dedicated parks.
Minimum easement width is 25 feet.
5) The conflict between the ditch easement and future parking garage on Block 5, Lot 2 shall be
corrected so the two do not overlap with the full twenty foot wide ditch easement.
6) All existing easements which conflict with proposed lot and block layouts shall be abandoned
and/or relocated not later than the time of final plat of the applicable phase so that easements
will not interfere with development of lots as depicted on the preliminary plat.
7) Water rights or cash in-lieu of water rights shall be provided in an amount determined by the
City Engineer in accordance with the City’s water rights policy at the time of final subdivision
plat submittal for each phase or evidence of previous provision shall be provided.
8) The requested approval period of 10 years for completion of all phases as shown in
Subdivision Application, Volume 3, Tab 20 of the preliminary plat submittal materials is
approved so long as development occurs in conformance with the subdivision design and the
companion planned unit development. The extended approval period for all phases of the
subdivision shall not exceed 10 calendar years after the date the preliminary plat findings of
fact for the first phase are signed by the Mayor. The City Commission may, at the written
request of the subdivider, extend its approval for no more than one calendar year, except that
the City Commission may extend its approval for a period of more than one year if that
approval period is included as a specific condition of a written subdivision improvements
agreement between the City Commission and the subdivider, provided for in §18.74.060,
BMC.
i) Design standards for water or sewer infrastructure shall not be restricted by this limitation
on final platting but shall be applied as may be in effect at the time the City reviews plans
and specifications for water or sewer main extensions or service lines.
ii) Prior to the expiration of the 10 calendar year period, if one or more major changes in the
project as defined in 18.36.060, BMC occur then all future final plats shall conform with
any updated regulations unless a specific deviation has been granted or an alternative
standard has been approved.
iii) With the exception of the initially requested phases 1 and 2, no subsequent phase
improvements shall commence until a previous phase is completed, including but not
limited to final platting and City acceptance of water and sewer, and where appropriate
street, infrastructure without written specific approval of the City.
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9) Concurrent construction of infrastructure and buildings is approved for Phases 1&2 only as
requested in preliminary plat application Volume 3, Tab 20. Prior to initiating concurrent
construction the PUD Final Site Plan must be given final approval by the City and all
requirements of Section 18.74.030.D, BMC shall be met. Emergency and landowner access to
Hillside Lane must be provided at all times.
10) The Cultural resource survey shall be completed prior to any phase beginning construction.
Any discovered items or sites of historic significance shall be documented prior to
commencement of construction and shall be preserved where possible. The Historic American
Buildings Survey (HABS) and the Historic American Engineering Record (HAER) standards
for documentation shall be used as may be most appropriate.
11) Street trees shall be installed concurrently with street improvements across all street frontage
not adjacent to a private lot and shall be furnished with irrigation prior to or concurrent with
tree planting.
12) Street designs shall be modified to incorporate transit stops per 18.44.120, BMC
13) On Blocks 10-18 no basements shall be permitted and crawl spaces are discouraged due to
extremely high groundwater. The restriction shall be included in the covenants and notation
shall be placed on the plat identifying the presence of restrictive covenants. A detailed soils
report and Engineer’s Certification shall be provided with any building permit which includes
subgrade parking structures showing how soils and groundwater limitations have been
overcome.
14) As allowed in Section 18.50.090, BMC, a single park plan for the entire development has
been submitted and easements provided to secure the parkland. Each Phase of the
development shall draw against the amount of parkland provided with the first phase and the
total amount required shall not exceed that provided with the first phase. Additional
conditions of approval regarding parkland are contained in the planned unit development
approval.
15) The alternative street lighting standard requested has satisfied the intent and purpose of
18.42.150 and has been deemed acceptable as allowed in Section 18.42.150.B, BMC.
16) The covenant provisions for maintenance of private streets must be coordinated during
construction so the site developer is responsible for cleaning construction waste from the
streets.
17) The overall and all sub-area covenants shall include a description of how the first meetings of
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each association will be initiated and carried through to transfer control to unit owners after
the developer no longer has direct control of each phase or building site.
18) The covenants and property owner’s association by-laws shall include language satisfactory to
the Director of Public Service describing how assessments, including Special Improvement
District and Maintenance District charges, are charged to unit owners.
19) The covenants shall include a provision prohibiting alteration of wetlands on public, common,
or private lands within the development without appropriate permits. On individual privately
owned lots property owner association approval shall also be obtained prior to any wetland
alteration. The covenant language shall be consistent with the section currently numbered
2M5 of the Development Manual.
20) Lot boundaries shall be adjusted as needed so that delineated wetlands do not lie within areas
other than clearly and permanently demarcated and identified restricted activity areas per
Section 2M of the Development Manual, parks, or open spaces unless a formal permit for
wetland impacts has been identified.
21) The location of mailboxes shall be coordinated with the Engineering Department prior to their
installation.
22) A deviation to Section 18.42.180.C, BMC for Block 1, Lot 5 and Block 20, Lot 1 to allow an
RSL lot in excess of 5,000 square feet was approved through the planned unit development.
However, the buildings constructed on such lots were not approved to exceed the size which
would have been allowed had the lots remained at 5,000 square feet in area. The additional lot
area shall not count towards the land area required to be provided for RSLs and the standard
shall be satisfied in an alternative manner. The table in preliminary plan application Volume I,
Tab 4 shall be updated to demonstrate compliance with Section 18.42.180, BMC.
23) Developer shall change the depicted 1 inch water service lines to individual dwellings or
coordinate proper transition to standard meter sizes with the Water Department prior to
submitting plans and specifications for water mains.
24) Street lights shall be installed at the time of street installation and shall be considered street
infrastructure for the purposes of issuance of building permits.
25) The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed, and shall include a digital copy (PDF) of the entire Final Plat
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submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat,
plan, sheet, note, covenant, etc. in the submittal.
26) The remainder of the original tracts of record (and of each phase of the subdivision) shall, if
shown on a final plat but not fully served with municipal utilities, be platted as an
undevelopable lot in accordance with §18.74.080.B.6, BMC, with the following language
placed on each undevelopable lot of the final plat “Lot development subject to further
subdivision review.” No public improvements shall be required for the undevelopable lot until
it is subdivided as a lot which is not subject to this restriction. The following language shall
either be placed on the face of the plat or in a separate executed document to be recorded
with the final plat.
NOTICE IS HEREBY GIVEN to all potential purchasers of Lot XX, of Story Mill
Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana, that the final
plat of the subdivision was approved by the Bozeman City Commission without
completion of on and off-site improvements required under the Bozeman Municipal
Code, as is allowed in Chapter 18.74 of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and
off-site improvements are completed as required under the Bozeman Municipal Code.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot XX of
Story Mill Neighborhood Subdivision, City of Bozeman, Gallatin County, Montana until
all required on and off-site improvements are completed and accepted by the City of
Bozeman. No building or structure requiring water or sewer facilities shall be utilized on
this lot until this restriction is lifted. This restriction runs with the land and is revocable
only by further subdivision or the written consent of the City of Bozeman.”
27) All subdivision final plats shall comply with the final approved PUD plan and Development
Guidelines for the Story Mill Center Planned Unit Development.
28) The dedicated parks or park easements shall be titled “Public Park” on the final plat. The
open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat,
or a note included on the plat directing persons to a separate executed document to be
recorded with the final plat, describing ownership and maintenance responsibility for all parks,
open space and/or other common facilities and areas, e.g.: public park, dedicated to the city
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and maintained by the property owners association; and open space, public access, owned by
the property owners, maintained by the property owners association, etc. Park land, open
space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered.
29) Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and
approval with the public improvements plans and specifications. All street light poles shall be
installed a minimum of 10’ from any water or sewer main or appurtenance.
30) Street lighting SILD information for operation and/or maintenance shall be submitted to the
City Clerk within 60 days after Preliminary Plat approval in hard copy and digital form. The
final plat will not be deemed complete until the resolution to create the SILD has been
approved by the City Commission.
31) The design for the Oak Street/L Street connector shall be completed, including acceptance by
the City of the design, prior to the initiation of Phase 5 of the development. If the updated
Traffic Impact Study to be provided with each phase indicates that the connector is required
to meet level of service standards then the connector shall be constructed prior to the final
plat for that phase.
32) Each final plat shall include necessary private utility easements to enable provision of utilities
to satisfy the intent and requirements of Section 18.42.060, BMC.
33) Any street shown as part of the overall development plan to be underlain by a structure shall
be provided as a public street easement to be maintained privately and shall not be a right-of-
way dedicated to the public.
34) Not later than at the time of the first application for final plat approval the means of providing
cash-in-lieu of parkland shall be decided. The required cash-in-lieu of parkland may be
provided in accordance with Section 18.50.030, BMC by:
i) Making a single lump sum payment for all funds due for the entire project at the time of
the first final plat.
ii) Constructing trails within phases of the project as allowed by Section 18.50.070.A.1. If
this option is selected a new appraisal for land value for comparison against trail
installation costs must be provided per 18.50.030 with each phase.
iii) Making individual payments for each phase at the time of final plat. If this option is
selected a new appraisal for land value must be provided per 18.50.030 with each phase.
iv) A combination of options ii and iii.
Applicant shall specify their choice of options not later than the first final plat and preferably
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at the time of final site plan for the PUD.
35) Trail network revisions outside of parks.
i) The trail crossing the wetlands in Block 13 (PH 10 OS-4) and adjacent to Lot 1, Block 13
shall be removed from the trail and open space plan.
ii) The trail crossing the wetlands in Block 15 (PH 10 OS-3) north to south and adjacent to
Lots 1-4, and the east-west section adjacent to Lots 9-10 shall be removed from the trail
and open space plan.
iii) The trail crossing Block 14 in open space (PH 10 OS-5) between Lots 2 and 3 shall be
removed from the trail and open space plan.
iv) The trail crossing Block 12 (PH 10 OS-2) shall be relocated to cross the wetland at a
narrow point instead of through the breadth of the wetland or shall be integrated with the
sidewalk, or its equivalent, along Bryant Street.
v) The trail crossing the wetland in Block 14 and adjacent to Lot 1 (PH 10 OS-6) shall be
adjusted in location to be along the edge to encroach into the wetland as little as possible.
vi) The trail connecting through Block 13, (PH 10 OS-4 and Block 14 (PH 10 OS-6) shall be
located to enable a minimum distance crossing between the end points on either side of
McKinsie Way while minimizing impacts on wetlands.
36) Park plan specific revisions as noted below shall be included with the final plat or the Final
PUD plan whichever comes first. Grading, seeding, and park development shall conform to
the City’s adopted standards in place during the construction of each phase. Developer is
encouraged to place trash receptacles as called for in the individual park plans at trail
junctions at the time each trail segment is constructed. The overall conceptual trail plan shall
be adjusted to correspond with the detailed plans on the L200 series of sheets. Specific
revisions to park plans are:
i) Meadow Park – Grading and grass is a minimum standard and must be installed by the
developer as are the street trees along public spaces. The sidewalk along Monad shall be
concrete with a Class IIA natural fines trail located between the sidewalk and E. Gallatin
river with a moderate meander in alignment and coordinated with large vegetation.
Sidewalk width along Monad may be reduced from 12 feet to 8 feet if the Class IIA trail
is installed. Interior lighting within the park as shown in the lighting plan shall be installed
with initial park development.
ii) Woodland Park – The park is depicted as non-irrigated. Irrigation is needed at least for
establishment period with at minimum a hose bib for future needs for intermittent
irrigation. Applicant shall coordinate with the Park Superintendent to identify location and
type of appropriate irrigation.
iii) Entry Park – The storm water feature depicted needs to be installed as part of storm
water system and is therefore part of developer’s obligation not the property owners
association.
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iv) Riverfront Park – The initial grading and placement of grass is a minimum standard which
must be satisfied by the developer rather than the future property owners association. The
proposed litter receptacles need to be installed in advance of, or simultaneously with, the
pole barn rebuild and amphitheatre. The amphitheatre appears to be in conflict with the
wetlands adjacent to the existing runoff pond and does not appear to have a performance
area. If the run off pond is removed the boardwalk shall be adjusted as needed.
v) Linear Park – Climbing stones shall be located so there is an adequate fall zone in
proximity to each climbing stone which does not interfere with trail use or adjacent
property.
vi) Wetland Park – The initial grading and placement of grass is a minimum standard which
must be satisfied by the developer rather than the future property owners association.
Storm water feature needs to be installed as part of storm water by the developer with the
applicable phase to be served by the storm water feature. The trail section coming north
from the mid-block crossing of Mckinsie Way to its intersection with the trail going to the
northeast shall be changed from concrete to natural fines and be widened to six feet.
vii) Trail network
(1) General – Trails terminating or crossing at street intersections shall be configured to
direct users to cross at crosswalk areas.
(2) The intersection of the Story Mill Spur Trail with Story Mill Road shall be adjusted to
intersect at the corner of Story Mill Road and Monad Street to reduce likelihood of
mid-block crossings. Appropriate signage shall be installed per MUTCD to advise of
the multi-user type junction and encourage caution, especially for bicyclists.
(3) The trail leaving Meadow Park and connecting to the bridge to the south should be a
natural fines trail with an appropriate transition to the paved trails within Meadow
Park.
(4) The linear trail offset crossing of Olympian Avenue needs to be adjusted so that the
end points of the trails and the crosswalk align.
(5) The trail cutting across the northeast corner of Block 17 shall be deleted from the
trails plan.
(6) Easements for future trails. Standard width trail easements, but not trail construction,
shall be provided along the east side of Bozeman/Sourdough Creek on Blocks 10 and
11 to enable future connection of trails when access to adjacent property becomes
available. A standard width trail easement, but not trail construction, shall be provided
along the west side of the East Gallatin River on Block 9 to enable future connection
of trails when access to adjacent property to the south becomes available.
37) Developer shall coordinate placement of trash receptacles with Montana Department of Fish
Wildlife and Parks to reduce likelihood of wildlife/human interaction. All exterior trash or
litter containers shall be of a design accepted by the Montana Department of Fish Wildlife and
Parks as being bear resistant. PUD application Volume 1, Parks and Open Space Plan, p. 40
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shall be revised section to include bear resistant trash cans
38) Prior to beginning any construction within a public park the developer’s engineer and
contractor shall hold a pre-construction conference with the Parks Superintendent.
39) For all phases not granted approval for concurrent construction, park improvements shall
begin prior to final site plan approval of any building within the phase. For all phases all
minimum park improvements applicable to that phase shall be completed and accepted by the
City prior to any issuance of building occupancy.
40) All boardwalks shall be wide enough for two persons/cyclists to pass, have vertically raised
edges, and where adjacent to open water have railings extending at least five linear feet
beyond the edge of water. Boardwalks along Griffin Drive shall be a minimum of six feet in
width. The boardwalk crossing the pond in Riverfront Park shall be a minimum of eight feet in
width.
41) Final open space drawings shall include the watercourse plantings required by Section
18.42.100, BMC.
42) The shared use trail depicted in the transportation plan to be built along Bridger Drive shall be
constructed concurrent with the adjacent phase of development. If the Montana Department
of Transportation has completed a design for the trail as part of the proposed rebuild of N
Rouse/Bridger Drive the trail construction shall conform to that design. If the Montana
Department of Transportation has scheduled the construction of the trail within 2 years of the
commencement of construction of the adjacent phase the requirement to construct the trail
shall not apply.
43) The overlook trail on Story Hills shall be configured to avoid tree cover which provides
important wildlife habitat.
44) Section 18.78.070.D, BMC requires a Final Park Plan to be approved by the City
Commission, with a recommendation from the Bozeman Recreation and Parks Advisory
Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the
Planning Office for review as part of the PUD final site plan submission. The individual park
plans shall address all of the criteria outlined in Section 18.78.060.P and conditions of
approval for the PUD or subdivision. Final plans may be provided as part of the PUD final site
plan or with each phase.
45) All water reuse lines will be of a color and material that is approved by the city. These lines
will be installed with tracer wire. These lines will be located by a service that receives locate
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requests via the Montana One Call Locate System 1-800-424-5555, not by the City of
Bozeman. All water reuse lines in proximity to water or sewer mains shall be included on any
as built drawings submitted to the City of Bozeman.
46) Story Mill Road shall be improved to the Collector standard as specified in the Transportation
Plan along the entire frontage of the subdivision including tapers on the south end meeting
AASHTO standards. It shall be paved to a 24’ wide county road standard from the southern
boundary of the subdivision to the end of the existing asphalt north of Front Street. All of the
improvements to Story Mill Road shall be completed with Phase I of the subdivision.
47) A total of 60’ of right of way, measured from the centerline of the existing road, shall be
dedicated for Bridger Drive (one half a principal arterial standard).
48) All streets that do not meet the typical section standards shown in the Greater Bozeman Area
Transportation Plan shall be privately maintained. The private streets shall be clearly
delineated on the final plat, and the provisions of 18.44.020.A.2 shall be complied with in
regard to funding the maintenance of the streets.
49) A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Bridger
Drive.
50) Road geometry should meet the criteria in the COB design standards unless a deviation can be
justified. The justification must include calculations to support the reduced standards, not just
a discussion of why the deviation is being requested.
51) All intersections (public and private) not meeting the separation distance required by section
18.44.090.D of the UDO shall be eliminated or revised to comply unless the information
required by section 18.44.090.H to grant a deviation by is provided to and approved by the
City Engineer.
52) A temporary turnaround shall be installed at the end of any dead end street which is more than
1 lot long. This shall include dead ends created by project phasing. All phases shall have an
approved secondary access.
53) Public access easements shall be provided for any pedestrian facilities located outside of the
dedicated right of way.
54) All bridges are the jurisdiction of, and shall be reviewed and approved by the County Road
and Bridge Department, or shall be private if the County does not take jurisdiction.
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55) All improvements necessary to provide adequate level of service at the analyzed intersections
shall be installed or financially guaranteed prior to filing of the plat for each phase. No
building permits will be issued for a phase until all improvements required for the phase are
installed and accepted unless approved for concurrent construction. If approved for
concurrent construction, no occupancy will allowed until all required improvements are
installed and accepted. Approval must be obtained from the Montana Department of
Transportation for all improvements along Rouse/Bridger Drive.
56) The City cannot grant an exemption from the MDEQ review of plans and specifications. A
master facilities exclusion form will be provided upon request following preliminary plat
approval.
57) Access Permits for the intersections, and Occupancy Permits for water and sewer mains and
services within the State's right-of-way must be obtained from the Montana Department of
Transportation.
58) A relaxation must be granted for all locations where sidewalk only on one side of the road
and/or for all locations where sidewalks constructed of material other than concrete is being
proposed.
59) 100-year flood elevations shall be delineated for the watercourses that are within the
subdivision boundary. All locations where flooding limits encroach onto proposed lots shall
be noted on the final plat along with minimum floor elevation for the structures to be
constructed on the effected lots. The edge of the floodplain is the setback in locations that it
extends further than the watercourse setback.
60) All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications. Private utilities are not allowed within the public right
of way and shall be installed in easements on the private lots.
61) All necessary permits must be obtained associated with the Idaho Pole groundwater control
area, and all construction activities shall be in compliance with the regulations regarding that
site.
62) The water main in Story Mill Drive shall be a minimum 10” diameter south of Griffin Drive as
shown in the Water Facility Plan.
63) The relocation of the 18” water main shall be completed in its entirety at one time rather than
in pieces on a phase by phase basis as proposed. The existing main shall be removed
everywhere it is under right of way or lots. Where it is within lot areas, it may be removed as
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part of the onsite development. If deferred to the time of site development, a note shall be
added to the plat informing future lot owners of this requirement.
64) The Sebena sewer system shall be removed as part of the infrastructure for that phase of the
subdivision as detailed in preliminary sewer design report. Any on-site septic systems shall be
pumped and removed and properly disposed of.
65) The sewer maps within the preliminary design report conflict with one another regarding
proposed pipe sizes within the subdivision. Final review and approval of the design report
will occur at the time of infrastructure review.
66) The master planned line sizes shown in the Wastewater Facility Plan shall be installed for all
downstream offsite sewer improvements that are required to provide the necessary capacity.
67) Some of the methodology used in the preliminary stormwater plan does not appear to meet
the COB design standards. Final review and approval of the design reports will occur at the
time of infrastructure review.
68) The concrete storage reservoir/detention facilities shall be sized to provide the minimum
required volume for a detention pond.
69) An updated Traffic Impact Study shall be submitted for each phase of the subdivision as
proposed in the preliminary plat submittal.
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 these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of
this subdivision shall be effective for 10 years from the date of adoption of these Findings by the City
Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in Title 18, BMC.
DATED this 7th day of April, 2008.
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BOZEMAN CITY COMMISSION
______________________________
KAAREN JACOBSEN, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
STACY ULMEN PAUL J. LUWE
City Clerk City Attorney
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