HomeMy WebLinkAboutLaurel Glen Subdivision, Phase 3 & 4, Major Subdivision
Report compiled on March 31, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
SUBJECT: Laurel Glen Subdivision, Phase 3 & 4
Major Subdivision Preliminary Plat, #P-07051
MEETING DATE: Monday, April 6, 2009
RECOMMENDATION: That the City Commission consider a motion to approve the request
for a Variance to Section 18.42.040.B “Block Length” for Block 20, 23, 24, and Block 29-31,
and deny the request for a Variance to Section 18.42.040.B “Block Length” for Block 21 and 22.
AND
Consider a motion to conditionally approve the Laurel Glen Subdivision, Phase 3 & 4,
Preliminary Plat application (#P-07051) as recommended in Planning Board Resolution #P-
07051 and as effected by the previous motion.
BACKGROUND: Hinesley Development Company, LLC, represented by C & H Engineering
and Surveying, Inc., has submitted a Major Subdivision Preliminary Plat application to divide
68.912 aces into 115 mixed use residential lots. The subject property is annexed and zoned “R-
1” (Residential, Single-household Low Density District), “R-2” (Residential, Two-household
Medium Density District), “R-3” (Residential Medium Density District, “R-4” (Residential High
Density District), and “PLI” (Public Lands and Institutions District), and is located west of North
Cottonwood Road between Durston Road and Oak Street, immediately west of Traditions
Subdivision. A variance to Section 18.42.040.B “Block Length” of the Unified Development
Ordinance is requested with this application for Blocks 20-24 and Blocks 29-31.
The City of Bozeman Planning Board held their public hearing on March 17, 2009 and voted 6-1
to recommend approval with the conditions outlined in Planning Board Resolution #P-07051
with an amendment to Staff’s condition #6 and to recommend denial of the request for a variance
to 18.42.040.B of the Unified Development Ordinance for Block 21 and Block 22. One member
of the general public provided testimony at the public hearing before the Planning Board
regarding traffic movements onto Laurel Parkway. No letters of written testimony have been
received by the Planning Office to date.
UNRESOLVED ISSUES: The Planning Board’s recommendation of conditional approval
included two directives; 1) that the applicant resolves the request for a variance for storm water
discharge into a watercourse with the Ditch Company, and 2) direct staff to continue to pursue a
legal opinion from the City Attorney regarding the Home Owner’s Association implementation.
The Gallatin Conservation District has determined that the watercourse in question is not a ditch
and therefore does not require a variance or approval from the Ditch Company for storm water
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Report compiled on March 31, 2009
discharge. Planning Staff is awaiting an opinion from the City Attorney’s Office regarding the
matter of HOA enforcement by the City.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property,
when the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Chris Kukulski, City Manager
Andrew Epple, Planning Director
Preliminary Plat Application Submittal
Planning Office Staff Report
Planning Board Resolution #P-07051 and Board Minutes
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 1
PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. P-07051
LAUREL GLEN SUBDIVISION PRELIMINARY PLAT, PHASE 3 & 4
PRELIMINARY PLAT REVIEW
Item: Planning Application No. P-07051 --- an application for preliminary
plat review to subdivide 68.912 acres and create 115 residential lots
on property zoned as “R-1”, (Residential Single-Household, Low
Density District), “R-2” (Residential Two-Household Medium
Density District), “R-3” (Residential Medium Density District), “R-
4” (Residential High Density District), and “PLI” (Public Lands and
Institutions District).
Property Owner/ Hinesley Development Company, LLC
Applicant: 3663 Durston Road
Bozeman, MT 59718
Representative: C & H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the City of Bozeman Planning Board on Tuesday, March 17,
2009 at 7:00 P.M., and before the Bozeman City Commission on
Monday, April 6, 2009, at 6:00 P.M., both in the Community Room,
Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana.
Report By: Dave Skelton, Senior Planner
Department of Planning and Community Development
(Updated March 31, 2009)
Staff Recommendation: Requested Variances: Approval to Section 18.42.040.B “Block
Length” for Block 20, 23, 24, 29, 30 and 31, and Denial for Block 21
and Block 22.
Preliminary Plat: Conditional Approval
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PROJECT LOCATION
The subject property is located west of North Cottonwood Road, situated between Durston Road and
West Oak Street, bound on the east by Traditions Subdivision and Flanders Creek Subdivision, and
legally described as being that part of Lot 2 and Lot 3, Minor Subdivision No. 201, located in the S½
of Section 4, T2S, R5E, P.P.M., City of Bozeman, Gallatin County, Montana. Please refer to the
vicinity map provided on the following page.
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 2
Vicinity Map
PROPOSAL
The applicant, Hinesley Development Company, LLC, represented by C & H Engineering &
Surveying, Inc., has made application for Major Subdivision Preliminary Plat approval with variances
to subdivide 68.912 acres and create 70 single-family household lots, 37 two-household lots, 1 multi-
family lot, 7 high density residential lots, a neighborhood center, and the remaining area as parkland,
open space, streets, and alleys. The subject property is the remainder of a former farmstead that still
contains the existing residence and associated out buildings.
Access to the subdivision will be provided by two perimeter streets, and the subdivision’s principle
north/south interior street (i.e., Laurel Parkway). The proposed subdivision is bound by two minor
arterial roads; on the south by Durston Road and on the north by West Oak Street. One principal area
is reserved for dedicated parkland as part of a comprehensive plan designed as a focal point that
connects an extensive jurisdictional wetland corridor, a neighborhood center park, linear open space
corridor, public trail system, and a neighborhood center. The proposed neighborhood center includes a
pavilion and playground equipment within the dedicated parkland that is in close proximity to a
neighborhood commercial node immediately to the west in Phase 1 of the major subdivision.
The application includes a request for variances to the Unified Development Ordinance, BMC from:
1. Section 18.42.040.B (Block Length), to exceed the maximum block length of 400 feet for
Block 20, 21, 22, 29, 30, and 31, and
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 3
2. Section 18.42.040.B (Block Length), to allow blocks with lengths less than 300 feet for Block
23 and 24.
The applicant is further requesting that the City Engineer grant deviations to the following sections of
the Unified Development Ordinance as permitted under Section 18.44.090.H:
· Section 18.44.030.A.2 “Intersections” to allow two streets meeting a third street from opposite
sides to be offset less than 125 feet. The proposed centerline of Immanuel Way is offset 100’
north of the Ethan Way (existing) centerline.
· Section 18.44.090.D.3 “Access” to allow accesses within 150 feet of Durston Road right-of-
way; and, to allow full access from Lionheart Lane onto Oak Street within 660 feet of an
existing access; ,
RECOMMENDED CONDITIONS OF APPROVAL:
Pursuant to Section 18.06.040 of the City of Bozeman Unified Development Ordinance, the Planning
Board shall review the preliminary plat request to determine if the proposed plat is in compliance or
noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend
approval, conditional approval or denial of the preliminary plat application. The Board shall then
provide advice and comments to the Bozeman City Commission for its consideration at its Monday,
April 6, 2009 public hearing. Planning Board Resolution #P-07051 and minutes of the Planning
Board’s March 19, 2009 hearing will be forwarded to the City Commission and made a part of the
Commission’s record.
The City of Bozeman’s Department of Planning and Community Development Office, Development
Review Committee and other applicable review agencies have reviewed the Preliminary Plat
application; and as a result, recommend conditional approval of the preliminary plat application with
the following conditions outlined below:
Planning Office:
1. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat
review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights,
or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
2. The Zone Map Amendment application necessary to implement development of the proposed
preliminary plat application shall be formally adopted by the City Commission within one (1) year of
the preliminary plat approval.
3. That within thirty (30) days of preliminary plat approval, the applicant shall financially
guarantee the control of noxious weeds by a certified applicator for a minimum of two years. Should
the City Engineer’s Office and County Weed Control Office determine that the control of noxious
weeds is not being properly implemented and has continued beyond one (1) year of preliminary plat
approval the application shall become null and void.
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 4
4. Development of the Neighborhood Center as defined by Section 18.42.020 will to be addressed
with the Park Master Plan within one year of preliminary plat approval. Specifics on natural features,
amenities, and active and/or passive recreation opportunities shall be discussed in the park master plan.
5. All lots that have access to an alleyway shall use the alley for access to each individual lot, no
driveway access from the street is allowed. This access restriction shall be addressed and demonstrated
in the covenants/development guidelines.
6. Block 21 and Block 22 of Phase 4, exceed the maximum practical length of 400 feet.
Therefore, Christian Way shall be extended south to the intersection with Glenkirk Drive to reduce the
block length of Block 21 and Block 22, unless a variance is granted by the City Commission.
7. All public infrastructure (i.e., water and sanitary sewer) shall be installed underground in
alleyways were provided in the subdivision.
8. All utility, storm water, trail easements, and street and alleyway dedications, shall be properly
dimensioned on the final plat. Each subdivision block shall provide typical dimensions for utility
easements and right-of-way dedications (i.e., alleyways and streets).
9. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer and Planning Office 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.
10. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
11. All storm water runoff drainage facilities shall provide the necessary information for review
and approval by the City Engineer’s Office and Planning Office, that accurately depicts said data,
including but not limited to; plans and specifications, typical profiles, maximum slope, method of
landscape/seeding, and design. Storm water facilities may be located within parkland, but not included
in the park land calculations and must be designed as a landscape feature including the design of the
outlet.
12. All culvert configurations associated with street water crossings will extend a minimum length
of 3 feet beyond the placement of the outside edge of boulevard sidewalks and shall be properly
covered, graded, and landscaped with turf (sod) grass. A typical detail shall be provided for review
and approval by the Planning Office with the final plat application.
13. The final plat shall contain the required calculations and notation making reference to
individual Workforce Housing Lot for each phase, and shall properly delineate and identify each
Workforce Housing Lot on the final plat
14. The final plat and homeowner’s association documents shall make reference to a 25-foot yard
setback off of West Oak Street for all subdivision lots situated adjacent to the arterial street. The file
plat shall also note and properly depict a one-foot wide “No Access” strip along West Oak Street.
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 5
15. The final plat application shall verify the width of all alleys and type of improvements
proposed within the right-of-way.
16. A 25-foot wide public access easement for public trails is required in the Baxter Creek open
space corridors and shall be noted accordingly on the final plat and in the homeowner’s association
documents. Said easement may not overlap the required easement for storm water facilities.
17. The subdivider in consultation with the City of Bozeman and Streamline Transit shall locate,
design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the neighborhood
center and/or commercial node per section 18.44.120 of the Bozeman Municipal Code.
18. Based on one hundred and fifteen (115) residential subdivision lots of mixed density and at
0.03 acres/dwelling unit, approximately 5.5102 acres of dedicated parkland, exclusive of the
watercourse setback, is necessary with the subdivision plat. An additional 3.4281 acres of dedicated
parkland is necessary for the reminder of Phase 1 and 2.
19. Documentation of satisfaction of parkland dedication requirements in accordance with Section
18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included
on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not
limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total
area.
20. All dedicated park lands including linear parkways 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
describing ownership and maintenance responsibility for both the park and open space areas, (e.g.
public park, dedicated to the city and maintained by the homeowners association and/or future Park
Maintenance District, etc.).
21. The park master plan and trail system shall be adjusted to reflect the recommendations of the
subdivision review committee of the Recreation and Parks Advisory Board and the Gallatin Valley
Land Trust, with review and approval by the City Engineer’s Office, Parks and Recreation
Superintendent, and Planning Office.
22. The Final Park Plan(s) shall include:
a. Current and future site plan(s) for the entire property with the current plan showing
developer installed improvements and the future plan showing any planned improvements
not intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100 for all parkland areas including linear parkways;
d. Trail design and construction showing compliance with adopted City standards and trail
classifications;
e. The requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland interpretation
and viewing platforms, etc.) and playground equipment in the Neighborhood Center in
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 6
addition to the standard requirement for boulevard street trees, irrigation, seeding,
sidewalks, etc.
i. A notation that a building permits will be required for any structural improvements
including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
23. Sidewalks along park land shall be constructed to a six foot width to accommodate snow
removal equipment.
24. The homeowner’s association documents shall contain provisions for the placement of a silt
fence along the boundaries of the Baxter Creek open space corridors with the filing of the final plat(s).
Confirmation of the placement of the silt fence shall be confirmed with the construction of single
household dwellings or multi-family structure(s) and shall be required prior to issuance of a building
permit or Final Site Plan approval, whichever is applicable.
25. The homeowner’s association documents shall also specify that all homes backing unto
Durston Road, Annie Street, and Oak Street shall contain enhanced architectural details presented to
these roads so as not to present a typical “back yard” or rear home view. This shall include double
fronted home designs, including having a true front presentation towards these arterial and local street
with porches, front doors, no garage fronts, end gables, varied roof lines and façade, and coordinated
4’ tall (maximum) fencing with gates/openings and walkway connections providing access to the
streetscape and sidewalk system.
26. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the presence of
high groundwater in the area of the subdivision for review and approval by the Planning Office:
a. “Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the
State of Montana and qualified in the certification of residential and commercial
construction.”
27. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the homeowners’ association.
28. The covenants and restrictions shall include a provision whereby an annual contract is executed
with a qualified landscape maintenance operator or company for maintenance of all common areas,
open space areas, street medians, boulevards, watercourses, trails, mid-block crossings, snow removal,
parkland, and landscape features within the development.
29. That prior to any disturbance of the site in question or submittal of a final plat application the
applicant shall provide the Planning Office with documentation of conducting a cultural resource
survey for review and approval by the state and local agencies. Should historical, cultural and/or
archeological materials be inadvertently discovered during construction of this project, the State
Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be
contacted immediately and construction activities shall cease.
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 7
30. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the
Montana Natural Heritage Program shall be contacted immediately and construction activities shall
cease.
31. 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. 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.
32. 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 and noted code provisions
have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall be written in sufficient detail to direct the reviewer to the appropriate
plat, plan, sheet, note, covenant, etc. in the submittal
Engineering Office:
33. The south half of Oak Street shall be improved to the 120’ right of way, 5 Lane Principal
Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision.
34. A 1’ wide No Access Strip shall be shown on the plat along the entire lot frontage of Durston
Road and Oak Street.
35. Road geometry shall meet the criteria in the COB design standards unless a deviation can be
justified.
36. Any alleys that contain public utilities (water and/or sewer) shall be 30’ wide, and cannot
contain any other utilities i.e. gas, electric, etc.
37. The sidewalks adjacent to Oak Street and Durston Road shall be a minimum 6’wide, 6” thick,
and shall be installed by the developer at the time the other required subdivision infrastructure is
completed for each phase.
38. All street and alley intersections shall meet the spacing criteria in section 18.44.090.D unless a
deviation can be justified. The information required by 18.44.090.H must be submitted to support any
spacing deviation request.
39. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City.
40. The break in the median on Laurel Parkway north of Immanuel Way shall be removed to make
the median continuous. The new portion of the median shall have topsoil, irrigation, and seed
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 8
41. The right of way and street section for Annie shall match those within phase I of the
subdivision.
42. A westbound left turn bay shall be installed at the intersection of Cottonwood and Durston as
recommended in the project TIS.
43. Boulevards shall be continuous on all streets. Installing curb walk along the wetland areas as
depicted in the preliminary plat application is not acceptable.
44. The midblock crossing on Sherwood Way shall be relocated west to the midpoint of the tangent
between the reverse curves. All signing, striping, and parking restrictions as required by the
Transportation Plan and the COB design standard shall be installed.
Recreation and Parks Advisory Board:
45. A Park Master Plan, subject to the review and recommendation of the Recreation and Parks
Advisory Board and Parks and Recreation Superintendent, shall be submitted and approved by the City
Commission within three (3) months of preliminary plat approval. That part of the Park Master Plan
west of Baxter Creek shall be completed within one (1) year of preliminary plat approval to be eligible
for an additional two years of preliminary plat approval. Said improvements shall be installed
according to the approved plan adopted by the City Commission.
46. The rights-of-way for pedestrians in Block 27 and Block 28 shall not be titled on the final plat
as parks, but common open space, owned and maintained by the homeowner’s association.
Wetland Review Board:
47. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species in order
to maintain growth and maturation of the vegetation.
48. The Wetland Review Board shall be notified and invited to attend a preconstruction meeting
prior to the construction of any platforms or boardwalks within jurisdictional wetlands.
Gallatin Valley Land Trust:
49. The alignment of the west boundary line for Lot 2 and Lot 3, Block 31 should be adjusted to
create a straight line in order to broaden the greenway trail corridor along Baxter Creek.
BACKGROUND
Laurel Glen Subdivision, Phase 1-4, is a multi-phased, mixed use residential and neighborhood
commercial node subdivision formally annexed to the corporate limits of the City of Bozeman on
November 13, 2001. The major subdivision consists of approximately 156.96± acres of agricultural
lands with multiple zoning designations designed to address many of the new goals sought with the
Bozeman 2020 Community Plan.
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 9
The final subdivision plat for Phase 1 of Laurel Glen Subdivision was filed at the Clerk and Recorder’s
Office in January of 2004. The final plat for Phase 2 was filed in October of 2006. The 3-year
preliminary plat approval, plus 1-year extension of preliminary plat approval for Phase 3 & 4 has since
expired. As a result, the applicant has made a second application for preliminary plat approval of the
remaining two phases of the major subdivision.
A subdivision pre-application plan review for Phase 3 & 4 was submitted to the Planning Office on
June 1, 2006. Based on the comments provided by the DRC, Planning Board and City Commission the
applicant submitted their second preliminary plat application on November 21, 2007. An extension to
the 60-day review period was granted by the applicant to verify the City’s policy regarding double-
frontage lots facing onto and arterial roads. On February 29, 2008 the applicant requested that the
preliminary plat be tabled to address items identified by the City Commission, Recreation and Parks
Advisory Board, and Wetlands Review Board, including; 1) City’s policy on double-frontage lots, 2)
redesign park master plan, 3) adjust wetlands delineation to eliminate variances, 4) and eliminate local
access onto Durston Road.
On January 16, 2009 a revised preliminary plat application was submitted to the Planning Office for
consideration by local agencies, Development Review Committee, and Planning Board with action by
the City Commission tentatively scheduled for April 6, 2009.
ADJACENT LAND USES AND ZONING
The subject property is partially vacant, annexed land and is zoned R-1 (Residential, Low Density
District), R-2 (Residential Two-Household, Medium Density District), R-3 (Residential Medium
Density), R-4 (Residential High Density District), and PLI (Public Lands and Institutions. A large
pond resulting from the mining of gravel for construction purposes exists in the general area of the
proposed parkland, as well as the stock piling of dirt and construction excavation. The existing
farmstead and accessory structures still remain on the property and are situated in the southeast corner
of Phase 4 along Durston Road.
The following land uses and zoning designations adjacent to the subject property are:
North: West Oak Street and unincorporated agricultural lands zoned “AS” (County Zoning as
Agricultural Suburban).
South: Durston Road, vacant land (Burnt Leather Ranch, Inc. – Valley West Subdivision) zoned
R-2 (Residential, Two-Household, Medium Density District), and Bronken Memorial
Park zoned PLI ( Public Lands and Institutions).
East: Developed land (i.e., Traditions Subdivision and Flanders Creek Subdivision) zoned “R-
3” (Residential Medium Density District), R-4 (Residential High Density District) and
RO (Residential Office District).
West: Laurel Glen Subdivision, Phase 1 & 2, zoned R-1, R-2, R-3, R-4, and B-1 (Neighborhood
Business District).
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Laurel Glen Subdivision, Phase 3 & 4, Preliminary Plat Staff Report 10
ADOPTED GROWTH POLICY
The Future Land Use Map of the Bozeman 2020 Community Plan designates the property to develop
as “Residential”. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. The residential designation also indicates
that it is expected that development will occur within municipal boundaries which may require
annexation prior to development. The dwelling unit density expected within this classification varies.
It is expected that areas of higher density housing would be likely to be located in proximity to
commercial centers to facilitate the broadest range of feasible transportation options for the greatest
number of individuals and support businesses within commercial centers. Low density areas should
have an average minimum density of six units per net acre. Medium density areas should have an
average minimum density of twelve units per net acre. High density areas should have an average
minimum density of eighteen units per net acre. A variety of housing types should be blended to
achieve the desired density with large areas of single type housing being discouraged. In limited
instances the strong presence of constraints and natural features such as floodplains may cause an area
to be designated for development at a lower density than normally expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which advances
the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to
provide the principal locations for additional housing within the Planning Area.
PRELIMINAY PLAT SUPPLEMENTS
A subdivision pre-application plan review for this project was completed by the Development
Review Committee on January 16, 2007, the Planning Board on February 2, 2007, and the City
Commission on February 20, 2007.
During the pre-application plan review, no waivers were requested by the applicant from Section
18.78.060 “Additional Subdivision Preliminary Plat Supplements”, and the following supplemental
items have been provided as part of this preliminary plat application:
18.78.060.A Surface Water
Surface water resources found within the subdivision boundaries include two perennial
waterways that flow through the property in a northerly direction. Baxter Creek runs the entire
length of the property from south to north, and Baxter Ditch dissects the extreme northeast corner
of the property. Montana Department of Fish, Wildlife and Parks classify both Baxter Creek and
Baxter Ditch as a stream/ditch, which mandate 50-foot watercourse setbacks from any wetlands
associated with each watercourse.
A man made pond located in the area of the proposed parkland, east of Baxter Creek, was created
for the proposes of mining gravel. This pond will be filled during development of the two
subdivision phases as part of a remediation plan that is outlined in the park master plan for this
development.
The Wetland Impact Summary Map illustrates three interior local streets involved with surface
water crossings that will be part of the wetland mitigation plan for this development. Utility
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crossings will occur within the three road right-of-ways as shown on the Utility Layout Map. All
other construction will take place outside of the surface water corridors. Impacts to any
watercourse and wetlands alterations associated with the road crossings will require 310 and 404
Permits from the Gallatin County Conservation District and the Army Corp of Engineers. There
are no diversions or rerouting of the present course of both watercourses with this application.
There are generally two areas in the proposed subdivision area that meet the wetland criteria.
Both are associated with the two watercourses identified in the wetlands mitigation plan and are
under the jurisdiction of the US Army Corps of Engineers. A 50-foot watercourse setback is
delineated on the preliminary plat that illustrates the limitations of any potential encroachments
onto the wetlands.
Surface water and wetland information is also found in Appendix A of the primary subdivision
binder and the Wetland Mitigation Plan and Delineation Report included in the applicant’s
submittal materials.
18.78.060.B Floodplains
No floodplain boundaries are identified on the Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Maps for this subdivision proposal. As a result, the subject property is
located outside of any identified floodplain areas, although the Flood Hazard Evaluation
performed for Baxter Creek by Allied Engineering Services, Inc., recommends that all finished
floor elevations be a minimum of 18 inches above the top of the curb in front of the residence.
18.78.060.C Groundwater
The entire subdivision includes areas of shallow ground water. Static water levels within the test
wells are between 3 and 8 feet below the surface. The applicant’s narrative notes that
observations over the past four years have confirmed these groundwater depths show seasonal
fluctuation with season highs reaching close to 2 feet. A more detailed soils and groundwater
report will be completed at the time of engineering design. Additional information is provided in
Appendix A of the applicant’s submittal materials.
With the potential of seasonal high ground water in the area of the proposed subdivision it is
recommended that a notation be provided on the final plats recognizing the presence of high
ground water tables in the area and further recommending the consulting of a professional
engineer with structures considering full or partial basements.
18.78.060.D Geology, Soils and Slopes
The subject property does not contain any geologic hazards or any unusual soil, topographic or
geologic conditions that would preclude construction in the proposed development locations.
The applicants provided a geotechnical investigation report, soils maps and reports from the
Natural Resource Conservation Service. Cuts and fills in excess of 3 feet are not anticipated.
This information is provided in Appendix B of the applicant’s submittal materials. The Building
Department will require a soils analysis to be provided with each application for a building
permit within the proposed subdivision.
18.78.060.E Vegetation
The majority of the property has been historically used for agricultural cultivation (e.g. mixed
grains and hay crops and livestock pasture) with the balance in native species within the wetland
areas. There are some trees and shrubs in the protected open space areas primarily in association
with the identified Baxter Creek watercourse and associated wetland areas. Limited mature
vegetation also exists in the general area of the farmstead remains. There are some noxious
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weeds present due to the disturbance of existing grade and it does not appear that the
Memorandum of Understanding for a weed control plan is being implemented.
The City Engineer’s Office and Gallatin County Weed Control Office have commented on the
inability of developers to manage an effective weed control plan for multi-phased subdivisions.
As is case with the implementation of the Noxious Weed Management and Revegetation Plan for
this subdivision approved November 26, 2003. As a result, the DRC has recommended that the
applicant financially guarantee the control of noxious weeds by a certified applicator for a
minimum of two years unless the Gallatin County Weed Control Office is able to confirm proper
management of the subdivision’s current weed control plan. Should the local agencies find that
the control of noxious weeds has not be addressed within one (1) year of preliminary plat
approval based on the current Memorandum of Understanding the preliminary plat shall become
null and void.
18.78.060.F Wildlife
According to the preliminary wildlife assessment there are no known endangered species or
critical game ranges on site. Deer are commonly seen on the property along with small animals,
rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have been
received and generally focus on the potential impact on local waterways. Michael Vaughn, FWP
Fisheries Biologist, recommends that bridges be used instead of culverts for stream crossings and
a native riparian plant community established along Baxter Creek. Further comments include
generic subdivision comments that relate to impacts to the local waterways from drainage within
the subdivision and sediment release due to construction disturbance. See Appendix D of the
application materials for additional information.
18.78.060.G Historical Features
The applicant sent a letter to the State Historical Preservation Office requesting a cultural
resource file search. A copy of SHPO’s response is included in Appendix D of the applicant’s
submittal materials which indicated that there is a low likelihood cultural properties will be
impacted and a cultural resource inventory is unwarranted at this time. Damon Murdo, Montana
Historical Society, commented on Mary 18, 2007 that no previously recorded sites within the
designated search locales exist. The cultural resource manager states that any structures, over
fifty years of age is considered historic and is potentially eligible for listing on the National
Register of Historic Places. Any structures to be altered that are over fifty years old should be
recorded and a determination of their eligibly me made.
As this could apply to the remains of the farmstead in the southeast corner of Phase 4, it is
recommended that a cultural resource evaluation of the property be made prior to proceeding
with any disturbance of the subject property (see Appendix D). Furthermore, should historical,
cultural and/or archeological materials be inadvertently discovered during construction of this
project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation
Office shall be contacted immediately and construction activities shall cease.
18.78.060.H Agriculture
Historically, the subject property has been used for agricultural purposes. However, with
annexation of the entire 156 acres the site is determined appropriate for development at urban
density. Due to the fractured ownership of the surrounding properties and encroaching
development the site is no longer considered a viable farming unit. Currently, the use of the site
is limited to the existing farmstead and remaining pasture, two watercourses and associated
wetlands, and existing gravel pit pond. Because agricultural activity no longer exists on the
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adjoining properties to the east the need for a condition requiring that the subdivider maintain a
perimeter fencing plan is not necessary.
18.78.060.I Agricultural Water User Facilities
Baxter Ditch and Baxter Creek are the only conveying water sources that may be impacted by the
subdivision. The only disturbance to these water sources is from the installation of culverts due
to the extensions of West Oak Street and three local subdivision streets. All alterations and
culvert installations are permitted and will be required to be monitored and inspected as
installation occurs. No impacts to water users are anticipated. However, the final plat shall
contain a notation stating that all downstream water user facilities will not be impacted by this
subdivision and that it also be noted accordingly in the by-laws and protective covenants for the
homeowners’ association.
18.78.060.J Water and Sewer
Existing water mains in the vicinity of the property will be extended throughout the development
to serve the individual lots and includes capacity to serve the proposed development. In addition,
larger main extensions will be provided to Cottonwood Road in order to serve future
development and the Engineering Department has made specific sizing conditions for these
mains as noted in the City’s Water Facility Plan. A lift station for sewer service is required with
the subdivision infrastructure.
Water for domestic and fire use will be provided by a connection to existing 8” water mains
within the development, as well as Durston Road and West Oak Street.
Sewer will flow north from the subdivision along the Laurel Parkway right-of-way to a point
where a lift station in Phase 1 exists and will pump the sewage south to Durston Road and then
east to the intersection of Durston Road and Cottonwood Road where the sewage will continue
north to the City Waste Treatment Plant.
Water and Sewer infrastructure is also addressed in the preliminary engineering design report in
the preliminary plat supplements on page 12-16 of the applicant’s submittal materials.
18.78.060.K Stormwater Management
Stormwater management utilities will be constructed in accordance with the City of Bozeman’s
current design standards. The preliminary engineering report provides a detailed stormwater
runoff analysis of the proposed development including detention requirements to limit runoff to
pre-development 10-year recurrence flows. Additional detailed analysis will be prepared for
stormwater utilities to be constructed to serve development and manage runoff in accordance
with the City’s requirements during specific engineering design for the subdivision.
The storm water facilities in phase 3 & 4 consist of five detention/retention areas situated along
the Baxter Creek corridor. Section 18.42.080 and 18.42.100 limit the design and placement of
storm water facilities within this corridor and require a cross section and landscape detail for each
facility as part of the landscape plan for this subdivision. Said facilities are also limited to
placement in Zone 2 of the watercourse setback.
Stormwater management is also addressed in the preliminary stormwater report in Appendix E of
the applicant’s submittal materials.
18.78.060.L Streets, Roads and Alleys
The primary access to the subdivision will be from two principal arterial roads, Durston Road
and the extension of West Oak Street. Laurel Parkway, the principal north/south subdivision
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street is designed to collect the majority of vehicular movement onto both arterials and the area’s
transportation network system. Lionheart Lane is the only local subdivision street that will
connect directly onto West Oak Street. Construction of Annie Street will continue its current
design pattern within a 74-foot wide right-of-way to function as the primary east/west street
between the two arterial roads, extending eastward through Traditions Subdivision and Flanders
Creek Subdivision to intersect with Cottonwood Road.
The applicant proposes to construct the local streets to a width of 31 feet with a five foot
sidewalk and a 8.5’ boulevard. All sidewalks adjacent to parkland are required to be constructed
to a six foot width. The subdivision provides extensive use of alleyways for access to the
individual lots. Alleys will be constructed to a sixteen foot wide paved surface within a 20 foot
right of way.
This project also proposes an extensive trail system along the Baxter Creek corridor with two
east/west connections to the existing and proposed trail system in Traditions Subdivision to the
east. All trails will be Class 1 trails within 25-foot public access easements where necessary.
The trail system includes three mid-block crossings with local streets within the interior of the
subdivision. Both the City Engineer’s Office, Recreation and Parks Advisory Board, and
Gallatin Valley Land Trust have provided recommendations for improvements to this
No lots in the subdivision will have direct access to West Oak Street (arterial) or Durston Road
(arterial). The City Engineer’s Office recommends a 1-foot wide No Access stripe along both
arterial roads and that the south half of Oak Street is improved to the 120’ wide right-of-way, 5
lane principal arterial standard as shown in the Transportation Plan along the entire frontage of
the subdivision. Attached to this staff report are the recommended conditions of approval
provided by the City Engineer’s Office in their memorandum dated February 18, 2009 (See
Attachment A).
Additional details for the proposed roads and alleys are included in Appendix F of the applicant’s
submittal materials including the Traffic Impact Study (TIS) completed by Engineering Inc.
18.78.060.M Utilities
The applicant has solicited comments from those private utility agencies providing service to the
subdivision. The utility providers responding indicated that private utilities can be provided to
this subdivision. Northwestern Energy will be providing services in the alleyways where
possible with additional easements provided along other front and side lot lines as required.
For additional information and response letters regarding these utilities, see Appendix D of the
applicant’s submittal materials.
18.78.060.N Educational Facilities
Ed Sondeno, Director of Facilities, Bozeman Public Schools, notes in his correspondence of May
17, 2007 that the proposed subdivision would generate the following students: K-5 – 38 students,
6-8 – 8 students and 9-12 – 26 students. Mr. Sondeno responded that there is not current
classroom space for K-5 students and 9-12 students, although the District is currently planning
and constructing new facilities. Mr. Sondeno further indicated that their existing bus system can
accommodate the additional students.
18.78.060.O Land Use
This proposal includes 115 residential lots; 70 single-household residential lots, 37 two-
household household lots, 1 multi-household residential lots, 7 high density residential lots, and 1
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neighborhood center, including restricted size lots and workforce housing lots and the remaining
area as parks, open spaces, streets and alleys.
The location of the proposed land uses are in general compliance with the Bozeman 2020
Community Plan and City of Bozeman zoning map. However, adjustments in the zoning
designations are necessary based on the final design of the subdivision based on a redesign of the
parkland, and residential density distribution. The overall density of this project satisfies the
requirement for a net residential density of 8 dwelling units per acre as anticipated in the R-4
Residential High Density District. The proposal is also consistent with the Restricted Size Lot
requirements of Section 18.42.180 and the workforce housing requirements of Chapter 17.02
BMC. The applicant’s proposal was reviewed by the Community Affordable Housing Advisory
Board (CAHAB) on February 20, 2008 where the proposal received a positive recommendation.
As this subdivision will have double frontage lots located along the arterial and local streets,
(Durston Road, West Oak Street, and Annie Street), staff has included a suggested condition of
approval to address these proposed “double fronted lots” to require double fronted home designs,
including having a true front presentation towards the arterials with porches, front doors, no
garage fronts, and coordinated 4’ tall (maximum) fencing with gates/openings and walkway
connections providing access to the streetscape and sidewalk system. This is intended to assure
an attractive presentation to these perimeter roadways. See condition #25.
18.78.060.P Parks and Recreation Facilities
The preliminary Parks and Trails Master Plan is provided as a standalone document provided
with of the applicant’s submittal materials in Appendix G.
Based on 113 residential lots with 107 single household lots at 0.03 acres of parkland per
dwelling unit, and 12.54 acres of multi-family and high density residential lots based on 8
dwelling units per acre at 0.03 acres of parkland per dwelling unit, 6.2173 acres of dedicated
parkland is required with this application. This includes a request by applicant of a 0.7071 acre
parkland credit per the workforce housing program in Chapter 17.02 BMC. The CAHAB met
on February 20, 2008 with the applicant and staff and based on the information provided
recommended that the applicant be granted said credit for the workforce housing plan (See
Attachment “B”).
The Park Master Plan for the four-phased subdivision describes the principal active parkland area
as being in Phase 3 & 4 of the development. This 9.07 acres of public park serves as the
principal neighborhood park for this subdivision with parkland credited to the Aajker Creek
Tributary corridor in Phase 1. The remaining parkland balance for Phase 1 & 2 is approximately
3.4281 acres, which is currently reserved in a public parkland easement as part of the parks
master plan in Phase 3 & 4. With the remaining balance of 3.4281 acres necessary with Phase 1
& 2 and 5.5102 acres required with Phase 3 & 4, a total of 8.9383 acres of dedicated parkland is
provided with this application. Based on the Park Master Plan provided in the preliminary plat
submittal the applicant is in excess of the required dedicated parkland set forth in the Unified
Development Ordinance, BMC (approximately 0.1388 acres).
Additional discussion of the parks and trails proposed for this project, and the phasing of these
amenities, is discussed further in the Staff Findings/Review Criteria section of this report.
18.78.060.Q Neighborhood Center Plan
The proposed preliminary plat identifies the development of a 9.07-acre parkland with Phase 3
that will serve as the principal community park for this subdivision. The park is bisected by
Baxter Creek and associated wetlands and is bound on the west by a neighborhood commercial
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node that will contain provisions for a transit stop. The 9.1 acre central park, in concert with the
neighborhood commercial node, will serve as the neighborhood center. Within the context of the
parkland area the master plan for this area is proposed to contain a pavilion and seating, as well
as playground equipment. ADA accessible trails including a bridge and boardwalk, as well as
boulevard sidewalks will connect with the neighborhood center. City approval of a final park
plan will be required for this neighborhood center area.
18.78.060.R Lighting Plan
The applicant’s proposed lighting plan is provided in Appendix H of their submittal materials.
Street lights are proposed for perimeter roadways and the intersections of local streets with
additional lighting at trail and street intersections. The lighting plan is not specifically clear on
compliance with Section 18.42.150.C that calls for pathway intersection lighting (trails and mid-
block crossings) at intersections with streets.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrate that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other
adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The
Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review
criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, and
other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions as outlined at the beginning of this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been previously annexed and is no longer in agricultural use. The first
two phases of a four-phased subdivision have already been platted and substantially
developed.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project.
3. Effects on Local Services
The Bozeman 2020 Community Plan identifies this property as lying within the
“Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay
District” is intended to establish a priority area for development within the larger scope
of the Bozeman 2020 Community Plan future land use plan. This is an area within the
long-range growth area of the City where services would be most efficiently provided in
the near term and where development in the near term would advance the goals of the
2020 Plan.
Water/Sewer. Water and sewer main extensions and upgrades will be required to serve
this development. Therefore, 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
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mylar record drawings applies. No building permits will be issued prior to substantial
completion and City acceptance of required water and sewer infrastructure
improvements.
The Engineering Department has commented that property owners dependent on the
sewage lift station will be responsible for financing the costs of its operation and
maintenance, which will be the responsibility of the City. Pursuant to section
18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of
the subdivision to provide future service to adjoining undeveloped land.
Police/Fire. The property is located 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.
In November of 2006, the City Commission adopted the Bozeman Fire Protection
Master Plan. The Fire Master Plan identified current and future service delivery
deficiencies and outlined timetables for future facilities and staffing to address the
growing community. The plan does not identify any specific improvements required
with this development.
Streets. Several new and existing street improvements will be required to accommodate
this development. This includes improvements of Durston Road and West Oak Street.
as analyzed in the Traffic Impact Study (TIS) completed for this project by Marvin &
Associates. The City Engineer’s Office has listed code provisions and specific
subdivision conditions of approval in their memorandum dated February 18, 2009 and
are attached to this staff report.
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. No
building permits will be issued prior to substantial completion and City acceptance of
required street infrastructure improvements (with the exception of sidewalks).
Stormwater. The standard requirement for a detailed review of the final grading and
drainage plan, and approval by the City Engineer, will be required as part of the
infrastructure plan and specification review process. Provisions for routing of major
storm events (100 year) either through pipe, surface flow, or a combination thereof shall
be provided for any major drainage courses that are being cut off.
Parks/Trails. Based on 115 residential lots ranging from R-1 to R-4 density at 0.03
acres of parkland per dwelling unit, 5.5102 acres of dedicated parkland is required with
this major subdivision. An additional 3.4281 acres is required for the balance of Phase
1 & 2. The total parkland to be dedicated is thus 8.9383 acres. This includes a 0.7071
acre credit for workforce housing.
The Recreation and Parks Advisory Board reviewed the proposal on January 30, 2009
and generally recommends approval of the parks master plan. The RPAB recommends
that the applicant give close attention to the design of all mid-block crossings, that the
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existing gravel pit pond in the public park be filled so it may be developed for
recreational activities, and that the two 0.06 acre parks, Park B and C not be dedicated
but remain as open space owned and maintained by the homeowner’s association. The
advisory board also recommended that the developer proceed immediately with
development of the park west of Baxter Creek for residents in Phase 1 & 2 (see
attachment “C”)
The Gallatin Valley Land Trust commented on the subdivision’s trail system on
February 17, 2009 and mirrored the recommendation of the RPAB on the importance of
the Baxter Creek corridor trails. The GVLT recommended specific details on the
placement of mid-block crossings with local streets and further recommended
reconsideration of the detention pond and trail orientation at the Sherwood Way
crossing. The agency also recommended that the west boundary alignment of Lot 2 and
Lot 3, Block 31 be adjusted to create a straight line to broaden the Baxter Creek
corridor (see attachment “D”).
The Final Park and Trail Master Plan must provide an improvements schedule that
outlines those improvements to be installed by the developer, by the home owner’s
association, and/or by others, as well as the improvements schedule for completion.
Utilities. The subdivider will be responsible to extend power, cable and phone utilities
to the subdivision location. Private utilities are in the vicinity, but extensions will be
needed. The preliminary plat shows utility easements being provided along the
alleyways and in the fronts of the lots without alley access. Letters from the applicable
utility companies were provided indicating that service can be provided to this new
development.
4. Effects on the Natural Environment
As required, an approved noxious weed management and re-vegetation plan was
provided with the original preliminary plat application for Phase 1-4 on November 26,
2003 (see Appendix C of the applicant’s submittal materials). A new Memorandum of
Understanding must be entered into with the County Weed Board prior to submittal of
the final plat(s) for Phase 3 & 4. Both the City Engineer’s Office and County Weed
Control Office have expressed concern with the control of noxious weeds with multi-
phased subdivisions, including Laurel Glen Subdivision. Due to the level of noxious
weeds within the subdivision, it is recommended that the applicant financially guarantee
the control of noxious weeds by a certified applicator for a minimum of two years upon
preliminary plat approval.
The location of the wetlands and significant vegetation located in the subdivision has
already been discussed by staff. The City Wetland Review Board has reviewed the new
design for subdivision against the proposed impacts to the jurisdictional wetlands and is
generally in favor of the proposed subdivision. The Wetlands Review Board reviewed
the applicant’s response to the seven points discussed in March of 2008 and accepted
the changes discussed by the applicant’s consultants at their meeting of February 4,
2009. The WRB further recommended that the all storm water facilities be properly
vegetated including a predominance of native species in order to maintain growth and
maturation of the vegetation (see attachment “E”). See conditions 47-48. All roadway
crossings of the Baxter Creek and Baxter Ditch and associated wetland areas will occur
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only with the approval of 310 and/or 404 Permits from the Gallatin County
Conservation District and the Army Corp of Engineers. Groundwater quality will be
protected by the installation of municipal sewer systems.
Finally, the applicant provided a letter from the State Historic Preservation Office
regarding cultural resources on the subject property. The letter from SHPO indicates
that there is a low likelihood that cultural properties will be impacted. Staff is
recommending a condition requiring the applicant to conduct a cultural resource survey
prior to final plat approval or disturbance of any lands within the subdivision.
Furthermore, should historical, cultural and/or archeological materials be inadvertently
discovered during construction of this project, the State Historical Preservation Office
(SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately
and construction activities shall cease.
5. Effects on Wildlife and Wildlife Habitat
According to the preliminary wildlife assessment there are no known endangered
species or critical game ranges on site. Deer are commonly seen on the property along
with small animals, rodents and birds. Comments by the Montana Department of Fish,
Wildlife and Parks have been received and only include generic subdivision comments
that relate to impacts to the local waterways from road building, drainage within the
subdivision and sediment release due to construction disturbance. The required
permitting for the roadway crossings and for any wetland fill or sediment discharge to
local waters should prevent the need to mitigate any impacts to local waters.
Staff is recommending a condition that should any species of concern, as defined by the
Montana Natural Heritage Program, be discovered on-site during construction, the
Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage
Program shall be contacted immediately and construction activities shall cease.
6. Effects on Public Health and Safety
The intent of the regulations in the Title 18 of the Bozeman Municipal Code is to
protect the public health, safety and general welfare. The subdivision has been
reviewed by the Bozeman Development Review Committee (DRC) which has
determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
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:
a. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is
due with each final plat of the major subdivision.
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b. 18.06.060 “Final Plat Application” - 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 on
a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
c. 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to the Planning
Director for the City Commission’s consideration. The City Commission may, at the written
request of the developer, 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 developer, provided for in §18.74.060, BMC.
d. 18.42.030.D “Corner Lots” – The homeowner’s association documents shall provide language
stating that all corner lots shall have the same orientation as dwellings on lots on the interior of
the block. The final plat shall indicate the orientation of all corner lots.
e. 18.42.050 “Utilities” – All utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
f. 18.42.060.B.1.a “Private Utilities” – The final plat and homeowner’s association documents
shall contain a note stating that if a utility easement is greater than the building setback required
by the Title 18 of the B.M.C. said easement shall apply.
g. 18.42.080.H “Stormwater Facilities” – A cross section and landscape detail of each facility
shall be submitted with the final landscape plan for review and approval by the Planning
Office.
h. 18.42.100 “Watercourse Setback” – On-site stormwater treatment facilities may only be located
in Zone 2 of the watercourse setback.
i. 18.42.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-street area for mail delivery within the development in cooperation with the
United States Postal Service. It shall not be the responsibility of the City to maintain or plan
any mail delivery area constructed within a City right-of-way.
j. 18.42.150.C “Street Lighting” – Street lighting shall comply with the requirements for street
lighting and pathway intersection lighting, and shall include placement, location, and
specifications for types of lighting required with the preliminary plat.
k. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are
designated as transit routes shall be designed to accommodate transit vehicles and facilities.
The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall
locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the
Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
l. 18.46.020.B “Parking Within Structures” – The homeowners’ association documents shall
include the minimum provisions for one-stall and two-stall car garages as outlined by
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Administrative Policy No. 2007-03.
m. 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets
and adjacent to public parks or other open spaces. A landscape plan shall be submitted,
identifying the location and tree species to be installed by the developer, prior to installation of
the trees or by final plat, whichever comes first.
n. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park master plan shall provide a
grading and landscape plan for any storm water facilities located in dedicated parklands.
Maximum grading of said facilities and design shall be such that the facility serves as a
landscape feature and further complies with 18.48.050.L “Maximum Allowable Slope or
Grade” of the U.D.O.
o. 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs)
for a park maintenance district shall be executed and submitted with the final plat to be filed
with the Gallatin County Clerk and Recorder at the time of final plat recordation.
p. 18.72 “Supplementary Documents” - 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 trails, snow removal, and other
areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code.
1. These documents shall include a common area and facility maintenance plan and guarantee
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.
2. The homeowner’s association documents shall also specify that all homes backing to
Durston Road, Annie Street, and West Oak Street shall contain enhanced architectural
details presented to these roads so as not to present a typical “back yard” or rear home view.
This shall include double fronted home designs, including having a true front presentation
towards these arterials with porches, front doors, no garage fronts, and coordinated 4’ tall
(maximum) fencing with gates/openings and walkway connections providing access to the
streetscape and sidewalk system.
3. These documents shall be submitted to the city attorney and shall not be accepted by the
city until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Planning Department at least 45 working days
prior to filing and recordation with the Gallatin County Clerk and Recorder.
4. These documents shall be executed and submitted with the final plat to be filed with the
Gallatin County Clerk and Recorder at the time of final plat recordation.
q. Section 18.78.070.D of the 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 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 of the BMC.
r. All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the
developer’s intent to file the plat prior to the completion of all required improvements, an
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Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the preliminary plat submittal information
and conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
s. The final plat must be in compliance with all requirements of Section 18.78.070 “Final Plat,”
including, but not limited to the following items:
1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by
the Weed Control District and the subdivider for the control of county declared noxious
weeds and a copy provided to the Planning Department prior to final plat approval.
2. The final plat submittal shall include 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 stable base polyester film (or equivalent);
two (2) digital copies on a double-sided, high density 3½-inch floppy disk or compact disk;
and five (5) paper prints.
3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park
plan shall be submitted to the City of Bozeman for review and approval prior to final plat.
The installation of any park improvements to meet minimum development standards or
conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be
reviewed and approved by the City Commission, with a recommendation from the
Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the
information listed in §18.78.060.P of this chapter.
4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
s. Stormwater Master Plan:
A Stormwater Master Plan for this phase of 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.
The master plan must depict the maximum sized detention/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 sites, drainage ways and finished
lot grades), typical stormwater detention/retention basin and discharge structure details, basin
sizing calculations and a stormwater maintenance plan.
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 in easements within privately owned lots.
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.
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t. Stormwater shall not be discharged to any irrigation ditch unless a variance is requested and
approved by the City Commission.
u. 100-year flood elevations shall be computed 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.
v. Plans and specifications and a detailed design report for water and sewer main extensions,
streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the
state of Montana, shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by 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 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.
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 of
the Unified Development Ordinance are met to allow for concurrent construction.
w. 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.
x. City standard residential sidewalks shall be constructed on all public street 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 condition shall
be included on the final plat for the subdivision.
y. 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.
z. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
aa. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans, as well as all nearby fire
hydrants and proposed fire hydrants.
bb. Any easements needed 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 the easement. All necessary easements shall be provided prior to
final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not
located under or accessed from improved streets, a 12 foot wide all weather access drive shall
be constructed above the utilities to provide necessary access.
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cc. Street names must be approved by the Gallatin County GIS office and City Engineering office
prior to final plat approval.
dd. 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.
ee. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
ff. The Montana Department of 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 plan and specification approval.
gg. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
hh. 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.
ii. 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.
jj. Ditch relocation:
1. 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.
2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
D. Compliance with the required subdivision review process.
The public hearings before the Planning Board and City Commission have been property
noticed as required by Title 18, BMC. The notice was mailed to all adjoining property owners
by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation
of the DRC and other applicable review agencies, as well as any public testimony received on
the matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the
Bozeman City Commission who will make the final decision on the applicant’s request.
The preliminary plat application includes a Zone Map Amendment that was provided with the
original application on November 21, 2007 in order to achieve the revised layout of mixed-use
residential housing types. Anticipating a redesign of the subdivision to address items identified
by the City Commission, Recreation and Parks Advisory Board and Wetlands Review Board
the applicant was advised to delay the zone map amendment until the governing body has acted
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on the preliminary plat application. The applicant will then have one year to formally adopt
the zone map amendment in order to proceed with development of the property.
E. Provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
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 final
plat shall include a public access easement for all areas labeled as “open space” and for all
streets/alleys if they are not dedicated to the public in order to comply with Section
18.44.090.B of the UDO.
18.66.070 SUBDIVISION VARIANCES
The applicant has requested variances from the following sections of the Unified Development
Ordinance:
1. Section 18.42.040.B “Block Length” to exceed the maximum block length of 400 feet for
Block 20, 21, 22, 29, 30, and 31, and
2. Section 18.42.040.B “Block Length” to allow blocks with lengths less than 300 feet for Block
23 and 24.
Per Section 76-3-596, MCA, a variance to the U.D.O. must be based on specific variance criteria, and
may not have the effect of nullifying the intent and purpose of this title. The City Commission shall
not approve subdivision variances unless it makes findings based upon the evidence presented in each
specific case that the following review criteria are adequately addressed.
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.
Section 18.42.040.B “Block Length” for Block 20, 21, 22, 29, 30 and 31 exceeding a block
length of 400 feet – The granting of this variance would be detrimental to the public health,
safety, or general welfare, or be injurious to other adjoining properties for Block 21 and Block
22, but not Blocks 20, 29, 30 and 31. This section of the Unified Development Ordinance,
BMC, establishes standards that require developers to design subdivisions in a manner that
assure a high level of multimodal connectivity, traffic safety, and ease of traffic control and
circulation.
The length for Block 29 is only 403 feet long and within reason. Block 30 and Block 31 are
reserved for high density residential development that calls for maximum density to achieve a
total of 8 dwelling units/acre for the subdivision, while in close proximity to the minor arterial,
West Oak Street. The block length for Block 21 and Block 22 range from 556 to 617 feet
long. To achieve maximum connectivity in the area of these single family blocks, Christian
Way should extend through Block 21 and 22. To avoid two egress/ingress points onto the
arterial road, Durston Road from being in close proximity to one another, Christian Way should
not extend through Block 20 whereby creating a “T” intersection with Durston Road.
Section 18.42.040.B “Block Length” for Block 23 and Block 24 to allow blocks with lengths
less than 300 feet - The granting of this variance would not be detrimental to the public health,
safety, or general welfare, or be injurious to other adjoining properties for the described blocks.
Block 23 and Block 24 would maintain the grid system in this area by continuing the
north/south connectivity of Christian Way to connect with Annie Street.
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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 title is enforced.
Section 18.42.040.B “Block Length” for Block 20, 21, 22, 29, 30 and 31 exceeding a length a
block length of 400 feet – The development of Laurel Glen Subdivision, Phase 1 and 2 to the
west and Traditions Subdivision to the east, with Baxter Creek corridor bisecting the property,
and the need to achieve a single tract for public parks for this subdivision imposes significant
design restraints on the applicant.
Section 18.42.040.B “Block Length” for Block 23 and Block 24 to allow blocks with lengths
less than 300 feet – The constraints of Laurel Parkway on the west, extension of Annie Street to
the north, and placement of Christian Way limits the ability to meet minimum block length of
300 feet for Block 23 and Block 24.
3. The variance will not cause a substantial increase in public costs.
Section 18.42.040.B “Block Length” for Block 20, 21, 22, 29, 30 and 31 exceeding a block
length of 400 feet - This variance will not result in public costs.
Section 18.42.040.B “Block Length” for Block 23 and Block 24 to allow blocks with lengths
less than 300 feet - This variance will not result in public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
Section 18.42.040.B “Block Length” for Block 20, 21, 22, 29, 30 and 31 exceeding a length a
block length of 400 feet - Staff has not identified any other nonconformity with the granting of
the variance request.
Section 18.42.040.B “Block Length” for Block 23 and Block 24 to allow blocks with lengths
less than 300 feet - Staff has not identified any other nonconformity with the granting of the
variance request.
Based on the findings outlined above, the Development Review Committee considered the applicant’s
variance requests to the U.D.O.; and as a result, recommends the following:
1. Approval to Section 18.42.040.B “Block Length” for Block 20, 29, 30 and 31 to exceed a
block length of 400 feet, and denial for Block 21 and Block 22.
2. Approval to Section 18.42.040.B “Block Length” for Block 23 and Block 24 to allow
blocks with lengths less than 300 feet.
PUBLIC COMMENT
No public comments on this application have been received by the Planning Department as of the
writing of this report. However, public testimony is anticipated with regard to the implementation and
operation of the homeowner’s association documents for the residents of this subdivision. This is
based on the comments received with the Conditional Use Permit application for Lot 1, Block 2 of
Laurel Glen Subdivision, Phase 1 to construct five professional office buildings on property zoned B-1
(Neighborhood Commercial District). See attached letters written on behalf of the residents of the
subdivision.
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Although the City does not enforce the actions and operation of bylaws or covenants for property
owner’s associations an opinion has been requested of the City Attorney’s Office regarding this matter.
As of this writing no opinion on the matter has been provided.
Any comments received after the writing of this Staff Report will be distributed to the Planning Board
and City Commission at their public hearings.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Title 18, BMC, the Planning Board shall review the preliminary
plat and supplementary information to determine if the proposed plat is in compliance or
noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend
approval, conditional approval or denial of the preliminary plat application. The Board shall then
provide advice and comments to the Bozeman City Commission for its consideration at its Tuesday,
April 6, 2009 hearing which begins at 6:00 PM. The Planning Board Resolution #P-07051 and
minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a part
of the Commission’s record.
AS AN APPLICATION FOR A MAJOR SUBDIVISION, THE PLANNING BOARD WILL
MAKE A RECOMMENDATION TO THE CITY COMMISSION. THE CITY COMMISSION
SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE
CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH
IN SECTION 18.66, BMC.
Attachments: Agency Review Comments
Public Comment
Applicant’s Preliminary Plat Submittal Materials
Mailed to: Hinesley Development Company, LLC, 3663 Durston Road, Bozeman, MT 59718
C & H Engineering & Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
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RESOLUTION #P-07051
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 68.912
ACRES, LOCATED WEST OF COTTONWOOD ROAD BETWEEN DURSTON ROAD
AND WEST OAK STREET, AND WEST OF TRADITIONS SUBDIVISION INTO 70
SINGLE-FAMILY HOUSEHOLD LOTS, 37 TWO-FAMILY HOUSEHOLD LOTS, 1
MULTI-FAMILY HOUSEHOLD RESIDENTIAL LOT, AND 7 HIGH DENSITY
RESIDENTIAL LOTS, INCLUDING RESTRICTED SIZE LOTS AND WORKFORCE
HOUSING LOTS AND THE REMAINING AREA AS PARKS, OPEN SPACE, STREETS
AND ALLEYS ON PROPERTY DESCRIBED AS LOT 2 AND LOT 3 OF MINOR
SUBDIVISION NO. 201 LOCATED IN THE S1/2 OF SECTION 4, T2S, R5E, P.M.M.,
GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, Hinesley Development Company, LLC., and representative,
C & H Engineering & Surveying, Inc., submitted a Major Subdivision Preliminary Plat Application to
subdivide 68.912 acres, located west of North Cottonwood Road between Durston Road and Oak
Street, and west of Traditions Subdivision into 70 single-family household lots, 37 two-family
household lots, 1 multi-family lot, 7 high density residential lots, including restricted size lots and
workforce housing lots and the remaining area as parks, open spaces, streets, and alleys on property
legally described as that part of Lot 2 and Lot 3, Minor Subdivision No. 201, located in the S½ of
Section 4, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.04 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, March
17, 2009, to review the application and any written public testimony on the request for said Major
Subdivision Preliminary Plat Application; and
WHEREAS, one member of the public provided testimony expressing concern with regard to
traffic movements onto Laurel Parkway; and
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WHEREAS, no written testimony regarding the preliminary plat application for Laurel Glen
Subdivision, Phase 3 & 4, has been received by the Planning Office as of the Planning Board hearing
on said matter; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed staff
condition number #6 regarding the extension of Christian Way as a public street southward to an
intersection with Glenkirk Drive; and
WHEREAS, the Planning Board moved to direct the applicant to resolve the request for a
variance for the storm water discharge into a ditch with the Ditch Company prior to the City
Commission hearing, and to direct Staff to pursue a legal opinion from the City Attorney regarding
the implementation of the homeowner’s association documents; and
WHEREAS, the City of Bozeman Planning Board passed a motion to modify condition
number #6 to extend Christian Way as a type 2 pedestrian path instead of a street to the intersection
with Glenkirk Drive; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major
Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a
vote of 6-1, recommends to the Bozeman City Commission that the application to subdivide 68.912
acres, located west of North Cottonwood Road between Durston Road and Oak Street, and west of
Traditions Subdivision into 70 single-household residential lots, 37 two-family household residential
lots, 1 multi-family household residential lot, 7 high density household lots, including restricted size
lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys on
property legally described as the S ½ of Section 4, T2S, R5E, P.M.M., Gallatin County, Montana, be
conditionally approved subject to the following conditions:
Planning Office:
1. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat
review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights,
or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
2. The Zone Map Amendment application necessary to implement development of the proposed
preliminary plat application shall be formally adopted by the City Commission within one (1) year of
the preliminary plat approval.
3. That within thirty (30) days of preliminary plat approval, the applicant shall financially
guarantee the control of noxious weeds by a certified applicator for a minimum of two years. Should
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the City Engineer’s Office and County Weed Control Office determine that the control of noxious
weeds is not being properly implemented and has continued beyond one (1) year of preliminary plat
approval the application shall become null and void.
4. Development of the Neighborhood Center as defined by Section 18.42.020 will to be
addressed with the Park Master Plan within one year of preliminary plat approval. Specifics on
natural features, amenities, and active and/or passive recreation opportunities shall be discussed in the
park master plan.
5. All lots that have access to an alleyway shall use the alley for access to each individual lot, no
driveway access from the street is allowed. This access restriction shall be addressed and
demonstrated in the covenants/development guidelines.
6. Block 21 and Block 22 of Phase 4, exceeds the maximum practical length of 400 feet.
Therefore, Christian Way shall be extended south to the intersection with Glenkirk Drive as a type
two pedestrian pathway instead of a street to reduce the block length of Block 21 and Block 22,
unless a variance is granted by the City Commission.
7. All public infrastructure (i.e., water and sanitary sewer) shall be installed underground in
alleyways were provided in the subdivision.
8. All utility, storm water, trail easements, and street and alleyway dedications, shall be properly
dimensioned on the final plat. Each subdivision block shall provide typical dimensions for utility
easements and right-of-way dedications (i.e., alleyways and streets).
9. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer and Planning Office 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.
10. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
11. All storm water runoff drainage facilities shall provide the necessary information for review
and approval by the City Engineer’s Office and Planning Office, that accurately depicts said data,
including but not limited to; plans and specifications, typical profiles, maximum slope, method of
landscape/seeding, and design. Storm water facilities may be located within parkland, but not
included in the park land calculations and must be designed as a landscape feature including the
design of the outlet.
12. All culvert configurations associated with street water crossings will extend a minimum length
of 3 feet beyond the placement of the outside edge of boulevard sidewalks and shall be properly
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covered, graded, and landscaped with turf (sod) grass. A typical detail shall be provided for review
and approval by the Planning Office with the final plat application.
13. The final plat shall contain the required calculations and notation making reference to
individual Workforce Housing Lot for each phase, and shall properly delineate and identify each
Workforce Housing Lot on the final plat
14. The final plat and homeowner’s association documents shall make reference to a 25-foot yard
setback off of West Oak Street for all subdivision lots situated adjacent to the arterial street. The file
plat shall also note and properly depict a one-foot wide “No Access” strip along West Oak Street.
15. The final plat application shall verify the width of all alleys and type of improvements
proposed within the right-of-way.
16. A 25-foot wide public access easement for public trails is required in the Baxter Creek open
space corridors and shall be noted accordingly on the final plat and in the homeowner’s association
documents. Said easement may not overlap the required easement for storm water facilities.
17. The subdivider in consultation with the City of Bozeman and Streamline Transit shall locate,
design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the
neighborhood center and/or commercial node per section 18.44.120 of the Bozeman Municipal Code.
18. Based on one hundred and fifteen (115) residential subdivision lots of mixed density and at
0.03 acres/dwelling unit, approximately 5.5102 acres of dedicated parkland, exclusive of the
watercourse setback, is necessary with the subdivision plat. An additional 3.4281 acres of dedicated
parkland is necessary for the reminder of Phase 1 and 2.
19. Documentation of satisfaction of parkland dedication requirements in accordance with Section
18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included
on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not
limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total
area.
20. All dedicated park lands including linear parkways 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
describing ownership and maintenance responsibility for both the park and open space areas, (e.g.
public park, dedicated to the city and maintained by the homeowners association and/or future Park
Maintenance District, etc.).
21. The park master plan and trail system shall be adjusted to reflect the recommendations of the
subdivision review committee of the Recreation and Parks Advisory Board and the Gallatin Valley
Land Trust, with review and approval by the City Engineer’s Office, Parks and Recreation
Superintendent, and Planning Office.
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22. The Final Park Plan(s) shall include:
a. Current and future site plan(s) for the entire property with the current plan showing
developer installed improvements and the future plan showing any planned
improvements not intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100 for all parkland areas including linear parkways;
d. Trail design and construction showing compliance with adopted City standards and trail
classifications;
e. The requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland interpretation
and viewing platforms, etc.) and playground equipment in the Neighborhood Center in
addition to the standard requirement for boulevard street trees, irrigation, seeding,
sidewalks, etc.
i. A notation that a building permits will be required for any structural improvements
including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
23. Sidewalks along park land shall be constructed to a six foot width to accommodate snow
removal equipment.
24. The homeowner’s association documents shall contain provisions for the placement of a silt
fence along the boundaries of the Baxter Creek open space corridors with the filing of the final
plat(s). Confirmation of the placement of the silt fence shall be confirmed with the construction of
single household dwellings or multi-family structure(s) and shall be required prior to issuance of a
building permit or Final Site Plan approval, whichever is applicable.
25. The homeowner’s association documents shall also specify that all homes backing unto
Durston Road, Annie Street, and Oak Street shall contain enhanced architectural details presented to
these roads so as not to present a typical “back yard” or rear home view. This shall include double
fronted home designs, including having a true front presentation towards these arterial and local street
with porches, front doors, no garage fronts, end gables, varied roof lines and façade, and coordinated
4’ tall (maximum) fencing with gates/openings and walkway connections providing access to the
streetscape and sidewalk system.
26. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the presence of
high groundwater in the area of the subdivision for review and approval by the Planning Office:
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a. “Due to the potential of high ground water tables in the areas of the subdivision, it is
not recommended that residential dwellings or commercial structures with full or
partial basements be constructed without first consulting a professional engineer
licensed in the State of Montana and qualified in the certification of residential and
commercial construction.”
27. That the final plat contain a notation stating that all downstream water user facilities will not
be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the homeowners’ association.
28. The covenants and restrictions shall include a provision whereby an annual contract is
executed with a qualified landscape maintenance operator or company for maintenance of all common
areas, open space areas, street medians, boulevards, watercourses, trails, mid-block crossings, snow
removal, parkland, and landscape features within the development.
29. That prior to any disturbance of the site in question or submittal of a final plat application the
applicant shall provide the Planning Office with documentation of conducting a cultural resource
survey for review and approval by the state and local agencies. Should historical, cultural and/or
archeological materials be inadvertently discovered during construction of this project, the State
Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be
contacted immediately and construction activities shall cease.
30. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the
Montana Natural Heritage Program shall be contacted immediately and construction activities shall
cease.
31. 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. 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.
32. 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 and noted code provisions
have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall be written in sufficient detail to direct the reviewer to the appropriate
plat, plan, sheet, note, covenant, etc. in the submittal
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Engineering Office:
33. The south half of Oak Street shall be improved to the 120’ right of way, 5 Lane Principal
Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision.
34. A 1’ wide No Access Strip shall be shown on the plat along the entire lot frontage of Durston
Road and Oak Street.
35. Road geometry shall meet the criteria in the COB design standards unless a deviation can be
justified.
36. Any alleys that contain public utilities (water and/or sewer) shall be 30’ wide, and cannot
contain any other utilities i.e. gas, electric, etc.
37. The sidewalks adjacent to Oak Street and Durston Road shall be a minimum 6’wide, 6” thick,
and shall be installed by the developer at the time the other required subdivision infrastructure is
completed for each phase.
38. All street and alley intersections shall meet the spacing criteria in section 18.44.090.D unless a
deviation can be justified. The information required by 18.44.090.H must be submitted to support
any spacing deviation request.
39. The property owners dependent on the sewage lift station shall be responsible for financing
the costs of its operation and maintenance, which will be the responsibility of the City.
40. The break in the median on Laurel Parkway north of Immanuel Way shall be removed to make
the median continuous. The new portion of the median shall have topsoil, irrigation, and seed
41. The right of way and street section for Annie shall match those within phase I of the
subdivision.
42. A westbound left turn bay shall be installed at the intersection of Cottonwood and Durston as
recommended in the project TIS.
43. Boulevards shall be continuous on all streets. Installing curb walk along the wetland areas as
depicted in the preliminary plat application is not acceptable.
44. The midblock crossing on Sherwood Way shall be relocated west to the midpoint of the
tangent between the reverse curves. All signing, striping, and parking restrictions as required by the
Transportation Plan and the COB design standard shall be installed.
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Recreation and Parks Advisory Board:
45. A Park Master Plan, subject to the review and recommendation of the Recreation and Parks
Advisory Board and Parks and Recreation Superintendent, shall be submitted and approved by the
City Commission within three (3) months of preliminary plat approval. That part of the Park Master
Plan west of Baxter Creek shall be completed within one (1) year of preliminary plat approval to be
eligible for an additional two years of preliminary plat approval. Said improvements shall be installed
according to the approved plan adopted by the City Commission.
46. The rights-of-way for pedestrians in Block 27 and Block 28 shall not be titled on the final plat
as parks, but common open space, owned and maintained by the homeowner’s association.
Wetland Review Board:
47. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species in order
to maintain growth and maturation of the vegetation.
48. The Wetland Review Board shall be notified and invited to attend a preconstruction meeting
prior to the construction of any platforms or boardwalks within jurisdictional wetlands.
Gallatin Valley Land Trust:
49. The alignment of the west boundary line for Lot 2 and Lot 3, Block 31 should be adjusted to
create a straight line in order to broaden the greenway trail corridor along Baxter Creek.
DATED THIS DAY OF , 2009 Resolution #P-07051
_____________________________ ____________________________
Andrew C. Epple, Planning Director Brian Caldwell, President
Department of Planning & Community Development City of Bozeman Planning Board
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MINUTES
TUESDAY, MARCH 17, 2009
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Caldwell called the regular meeting of the Planning Board to order at 7:19 p.m. in the
Community Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to take attendance.
Members Present: Staff Present:
Sean Becker Chris Saunders, Assistant Director of Planning
Cathy Costakis David Skelton, Senior Planner
Bill Quinn Tara Hastie, Recording Secretary
Donna Swarthout
Ed Sypinski
Brian Caldwell
Chris Mehl
Members Absent: Guests Present:
Erik Henyon Shaowei Wang
Dawn Smith Ted Lang
Matt cotterman
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing no public comment forthcoming, President Caldwell closed the public comment portion of
the meeting.
ITEM 3. MINUTES OF FEBRUARY 18, 2009
Mr. Sypinski stated he was not the Vice President of the Planning Board and the minutes would
need corrected throughout. He added that he was not in attendance for the vote on the final
motion so should not have been included.
Ms. Costakis stated on page 5 in the 2nd paragraph the word “ever” should be stricken from the
first sentence and in her next sentence the word “not” should be stricken and the language
“included as an implementation policy” should be added.
MOTION: Mr. Sypinski moved, Mr. Quinn seconded, to approve the minutes of February 18,
2009 with corrections. The motion carried 7-0. Those voting aye being President Caldwell, Mr.
Becker, Ms. Costakis, Ms. Swarthout, Mr. Quinn, Mr. Mehl, and Mr. Sypinski. Those voting nay
being none.
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ITEM 4. CONSENT ITEM
1. Bozeman Community Plan Resolution #P-07006
Mr. Becker stated the last page indicated the year 2008 and should say 2009. Mr. Mehl added
that the “whereas” occurred on the page prior. Assistant Director Saunders responded the
“whereas” were both needed due to the mechanics of Planning Board review and then the
outcome of Planning Board review.
President Caldwell stated he looked forward to promoting the ideas in the Community Plan and
the end result would be worth the effort; implementing the plan would be more rewarding.
MOTION: Mr. Sypinski moved, Ms. Swarthout seconded, to approve Bozeman Community
Plan Planning Board Resolution #P-07006 with date corrections. The motion carried 7-0. Those
voting aye being President Caldwell, Mr. Becker, Ms. Costakis, Mr. Mehl, Mr. Quinn, Ms.
Swarthout, and Mr. Sypinski. Those voting nay being none.
ITEM 5. PROJECT REIVEW
1. Subdivision Preliminary Plat Application #P-07051 (Laurel Glen MaSub
Phases III & IV) - A Major Subdivision Preliminary Plat Application on behalf of
the owner, Hinesley Development Company, LLC, and the representative, C&H
Engineering & Surveying, to allow the subdivision of 68.9107 acres and the
creation of 115 residential lots. The property is legally described as Remainder Lot
2 and Lot 3, MiSub No. 201, SE ¼, Sec. 4, T2S, R5E, City of Bozeman, Gallatin
County, Montana. (Skelton)
Senior Planner David Skelton presented the Staff Report noting he had asked the Recording
Secretary to distribute exhibits. He stated the powerpoint presentation was fairly long as most of
the Board was not in attendance for review of the original phases of the Laurel Glen Subdivision.
He noted the application consisted of 68.9 acres that had originally been annexed in 2001 and
added that there was eight years of history on the property. He noted the inclusion of PLI zoning
within the subdivision and noted it was one of the first major subdivisions that had included key
goals from the 2020 Community Plan. He noted to the north of the subdivision was still County
jurisdiction and listed those developments to the south, east, and west. He noted the preliminary
plat was reviewed in 2002 and granted conditional approval that included an expiration date of
November 2006; he added a second one-year extension had not been granted and the applicant
had been required to resubmit under the new zoning regulations (U.D.O.). He stated the
application had been reviewed and general comments had been provided to address parkland,
trails, wetlands, accesses, etc. He noted after the recommendations had been considered,
substantial changes had been made that had addressed some of the issues, but not all of them. He
noted the original preliminary plat submittal included a number of variance requests; block length,
ZMA to mirror land use designations, etc. He stated the ZMA would not been considered until
City Commission approval of the preliminary plat but a condition of approval had been included
to require a formal ZMA be submitted within a year of City Commission approval. He noted the
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one historical feature was the existing farmstead on the site and that location also contained
mature vegetation and associated wetlands with a watercourse. He noted they were significant
wetlands along the Baxter Creek corridor that advisory boards had recommended be maintained.
President Caldwell noted the specific proposal should be discussed without background
information as it was not pertinent to the application under review. Planner Skelton concurred
and noted the WRB and Park & Recreation Advisory Board were not supportive of the requested
wetland variances and the applicant had been required to re-delineate the designated wetlands for
the site. He noted the parkland requirements at the time of preliminary plat approval allowed the
subdivision to create their parkland in later phases of the development and noted the balance of
3.4281 acres of parkland development in Laurel Glen phases 1 & 2 had not yet been completed;
adding that the applicant would be responsible for a total of 8.9383 acres with this application.
He noted with the original application there was a need to eliminate the number of variances
requested for access on Durston Road and the wetlands had been addressed without the need for
encroachments. He noted the aggregation of parklands had been achieved and the ingress/egress
on Durston Road had been eliminated and double frontage lots had been included along Durston
Road. He noted there were watercourses on the site, but the site was within a 100-year or even a
500 year floodplain though Staff would encourage people who wanted to install basements to
retain a professional engineer to evaluate the water table level prior to construction. He noted the
culverts would need to be upgraded and the riparian vegetation would need to be maintained,
though there was no determined wildlife habitat on the site. He noted the Staff condition with
regard to noxious weed control is uncommon for most proposals, but is necessary and must be
secured with a financial guarantee. Mr. Mehl asked the amount of the bond. Planner Skelton
responded an estimate by a certified applicator multiplied by 150% would be required based on
the subdivision’s physical features; he noted the management of noxious weeds was not working
with just a Memoranda of Understanding with the County weed control office.
President Caldwell asked if Staff had established a passing/failing grade for noxious weed control.
Planner Skelton responded the noxious weed office clearly defined the types and amounts of
noxious weeds to be controlled in the MOU; he added the County Weed Control Office concerns
are echoed by the City’s weed control office.
Planner Skelton noted the streets would be City standard and include all public infrastructures and
noted Oak Street would be improved to half a minor arterial street. He noted Engineering
conditions of approval were standard. He noted much of the modifications of the proposal had
been with regard to the parkland and those park areas being aggregated. He noted the trail
systems and the importance of the system along the Baxter Creek corridor, north along I-90. He
noted the trails that would be included would be Class 2 trails and a six foot boulevard sidewalk
would be required around the park. He stated the aggregated parkland had been addressed and
included the condition that a park master plan would need to be submitted and approved within
three months of preliminary plat approval; he noted if the parkland improvements were completed
this year, the proposal would be eligible for the full three year approval.
Mr. Sypinski asked about the crossing of the trail on Annie Street. Planner Skelton responded
some mid-block crossing in the interior might be necessary. Mr. Sypinski asked where exactly the
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B-1 Commercial development would be located. Planner Skelton responded there would be two
B-1 lots and noted those locations to the west of the public park.. Mr. Sypinski asked if the initial
commercial site was south of Annie Street. Planner Skelton responded the master plan for the
property had been required and the commercial node had been located generally just north of
Annie Street; he directed the Board to that location.
Planner Skelton stated Staff hoped to include the residents of the subdivision with regard to the
design of the parkland and noted that within one year the applicant would need to have the
parkland improvements for phases 1 & 2 completed which would make them eligible for the full
three year approval time on the preliminary plat. He noted the locations of two pedestrian
pathways with a 25 foot wide public access easement, in-lieu of dedicated parkland. He noted
workforce housing requirements had been met with twelve dwelling units being provided. He
stated Staff felt the extension of Christian Way, southward would be necessary to break up the
long blocks. He noted which variances were being requested for block length and added that
Staff was supportive of those requests with the exception of Block 21 and 22. He stated Staff
recommended Christian Way be continued to a T intersection at Glendirk. He noted the City did
not enforce HOA documents unless there were specific conditions of approval that were being
ignored. He stated Staff was supportive of the requested Variances with Staff conditions with the
exceptions of Lots 21 & 22.
Matt Cotterman, C&H Engineering, stated the owner had gone through a number of renditions on
the proposal. He stated they felt they had addressed most of the advisory bodies concerns and
that it was a better plan than what they had begun with. He stated he hoped the treatment of
double frontage lots would be consistent and noted an open space had been provided along
Durston Road. He stated the block length variance had been requested, but it would not be a big
deal to continue the north/south road through blocks 21 and 22, though if the road was included a
variance would be needed for less than the minimum block length instead of greater than the
minimum and the owner’s preference would not be to include the street. He noted the remaining
parkland required with phases 1 & 2 did not yet exist and the owner had already started grading
and installing irrigation for the site; the owner had also volunteered to install a playground on the
site. He clarified that the reason the park land had not been installed in phases 1 & 2 was due to
the City Commission not granting the extension of the original approval. Mr. Becker asked where
the double frontage lots would be located. Mr. Cotterman noted those locations along Durston
Road. Mr. Becker asked Mr. Cotterman’s idea of double frontage. Mr. Cotterman responded the
appearance of the front of a structure would be maintained for both sides of the structures.
President Caldwell opened the public comment portion of the meeting.
Shaowei Wang stated he lived in Laurel Glen Phase 1 and he had received a certified letter
regarding the evening’s meeting. He noted he had expected there would be a playground located
within the subdivision and the homeowners would like to see a plan for the park land before the
subdivision was approved. He stated the zoning designation had been changed from R-1 to R-2
zoning which would depreciate the value of his home; he stated he was not supportive of the
change from R-1 to R-2 zoning. He stated the design of the proposed blocks would direct traffic
right in front of his house and cause traffic issues as there was no way out on the south side of the
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development.
Ted Lang, Gallatin Valley Land Trust, stated that Baxter Creek presented an opportunity to
achieve a continuous greenway as things are built out over the coming decades to create what
might be the best green way in the City. He clarified that Block 31, Lots 1 & 2, caused concerns
as the UDO required a fence along the greenway and the buildable area of the lots would not be
affected if the fence were located further to the east. He noted Gallatin Valley Land Trust was
supportive of the revised proposal with regard to trail crossings mid-block and Bob Murray of the
City Engineering Department had schematics for the safe design of the crossing. He noted that
when/if the land to the north was developed there might be a mid-block crossing but that would
be decided in the future and there would need to be a mechanism in place to provide for a
crossing over Durston Road to the south to Valley West Subdivision, but it would require more
study.
Seeing no further public comment forthcoming, the public comment portion of the meeting was
closed.
Planner Skelton responded to Mr. Wang regarding the zoning designation of R-2 on the site and
that the size of the lots limited density to single family lots regardless of the zoning designation.
He stated Laurel Parkway was meant to maintain connectivity to Durston Road and would assist
in breaking the subdivision into four quadrants; the majority of the traffic would be on Laurel
Parkway until the connection to Oak Street had been completed. Mr. Wang responded there was
no way for those residents to get out of the subdivision without going through the earlier phases
of the development (in front of his house).
Mr. Mehl asked if assurances to the developer were given that smaller blocks would be allowed
given that Christian Way would go through. Planner Skelton responded Staff felt that the
extension of Christian Way would provide better circulation through the site. Mr. Mehl asked
how many residential lots would be lost if Christian Way were put through. Planner Skelton
responded roughly four lots would be lost and that the Board could find that, in lieu of a street,
smaller lots or pathways could be included instead.
Mr. Quinn asked if Glenwood Drive would go through to Rosa Subdivision. Planner Skelton
responded it would continue through. Mr. Quinn responded the longer blocks could be accessed
from Rosa Subdivision on Glenwood Drive and noted the requested block length was consistent
with what existed adjacent to the site to the west in phase 1 of the subdivision.
Mr. Sypinski asked Planner Skelton if there would be improvements at the Annie Street
intersection of Laurel Parkway. Planner Skelton responded the roundabout would not change.
Mr. Sypinski asked for clarification of the Engineering conditions for the proposal, as well as how
the deviations are allowed. Planner Skelton responded that if the applicant met the criteria for
consideration, there were alternatives in lieu of full access; such as right in, right out. He stated
one of the Deviations requested had been invariantly listed as a Variance. Mr. Sypinski asked if
the Board chose to support Staff’s conditions then would the Deviations be included. Planner
Skelton suggested that the Board discuss the requested Variances first and determine those that
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could, or could not be supported. The requested Deviations are at the discretion of the City
Engineer’s Office based on supplemental information that must still be submitted by the applicant.
If the Staff conditions were approved, it would be approved with the requested Variances except
for the block length for Block 21 and 22, as outlined by Staff.
President Caldwell asked for clarification between Variances and Deviations. Planner Skelton
explained.
Ms. Swarthout stated Mr. Skelton had done a good job with his presentation and Staff Report.
She noted the school system indicated they had did not have the capacity to support the children
that would be living within the subdivision and asked if the City tracked school’s capacities.
Planner Skelton responded the school district was notified when a subdivision was proposed.
Mr. Becker stated that on page 3 (i.e., pre-application plan), Glenkirk Lane was depicted as going
through but was now called Christian Way and asked if that is what the Board would be
approving if so moved with Staff conditions. Planner Skelton responded that with the
recommended conditions and denial of the block length for Block 21 and 22 that Christian Way
would extend southward to “T” with Glenkirk Drive as depicted on the preliminary plat
application.. Mr. Becker suggested it did not seem to be a threat to have ingress/egress off of
Durston Road. Planner Skelton responded Staff saw no hardship that would make it necessary to
provide access onto the arterial, Durston Road. President Caldwell asked for clarification of Mr.
Becker’s inquiries. Mr. Becker explained and added that the playground was coming and the
property had always been R-2; he added the issue of non-safe conditions for mid-block crossings
would need to be resolved. Planner Skelton responded that the Commission was no longer
supportive of mid-block crossings and prefers smaller lots with a reasonable grid of local streets
that achieve a higher level on vehicular circulation that avoids conflicts with pedestrian
movement. Mr. Cotterman added the mid-block crossings along the east side connected to an
existing trail system and park in the Rosa Subdivision.
Ms. Costakis asked if continuing if there was a traffic reason for the connection of Christian Way.
Planner Skelton responded it would improve the circulation and connectivity of those two blocks
and enhance the pedestrian connectivity as well. Ms. Costakis asked if Immanual Way was not
extended, could there be a pedestrian connection. Planner Skelton responded there would be a
public trail in the Baxter Creek corridor in close proximity to that location; however, an access
easement could be extended. Mr. Sypinski suggested the existing farmstead would be disturbed if
Immanual Way were extended through. Ms. Costakis asked how one would get to Durston from
one location. Planner Skelton responded there could be a pedestrian pathway between the
farmstead lot and the lot next to it if deemed necessary. President Caldwell stated pedestrian
movement could be along Glenkirk; he noted the pre-application exhibit presented was not
adequate as it did not depict the accurate street names and block numbers and suggested the City
Commission receive less convoluted information.
Mr. Sypinski stated he was concerned with the safety of families going to the park if a paved
street were included in that location. Ms. Swarthout disagreed that the street should be removed.
President Caldwell asked for Board opinions on Christian Way. Ms. Costakis suggested an
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easement if Christian Way were not taken through.
President Caldwell noted that the Christian Way extension through blocks 21 & 22 (condition #6)
was an object of discussion and asked if the Board would be interested in modifying any other
conditions of approval. Mr. Quinn asked if Staff thought the conditions of approval were
adequate due to the failure of the subdivision to follow up on any of the weed control (condition
#3) and asked if the restrictions would be adequate to implement weed control and get
compliance. Planner Skelton responded he thought there was now enough teeth as provided in
the condition to demand compliance with weed control requirements and Staff was entertaining a
new regulatory standard that would be policy with regard to future subdivisions; he noted the new
system was far better than what was now in place. President Caldwell asked if there was a certain
amount of weeds on the premises that would be acceptable or not. Planner Skelton responded
site visits would be conducted by the County and City weed control offices and the decision
would be made based on the expertise of those Staffs. Mr. Quinn stated condition #3 would be
one part of dealing with noncompliance addressing the public comment from concerned residents
of the subdivision.
Ms. Costakis stated she thought there was a lighting issue that wasn’t specified well enough
(condition #9). Planner Skelton responded specific code provisions for lighting along the trail are
required but were not clearly addressed in the application for trails intersecting with streets. Ms.
Costakis asked how the Board would proceed since they had different ideas regarding Christian
Way and suggested the Board discuss the item first. President Caldwell noted Ms. Swarthout had
suggested a 20 foot pedestrian pathway connection along the common boundary between lots 7 &
8 in Block 20. Ms. Costakis asked if the grading & drainage Variance request to discharge into a
ditch had been allowed by the City Engineering Department and if they would be dealing with that
issue. President Caldwell responded that as part of the Community Plan, the respective rights of
the ditch company had been brought to their attention and the ditch company would discourage
that arrangement; he suggested the issue be cleared up prior to City Commission review. Mr.
Mehl clarified that if the applicant thought they needed a Variance and Staff thought not, then the
applicant did not need one. Ms. Costakis asked why a vehicle would have to go right off of
Glenkirk Drive. Planner Skelton responded it was due to a median in that location along Laurel
Parkway. Mr. Cotterman added that a full access must be at least 150 feet away from a
controlled intersection.
President Caldwell asked for a feeling from the membership of the Board regarding Christian
Way; he noted the trail access on block 20 between lots 7 & 8 to provide pedestrian access and a
condition regarding resolving the storm water discharge with the ditch company should also be
discussed.
MOTION: Mr. Quinn moved, Mr. Mehl seconded, to forward a recommendation of approval to
the City Commission for Laurel Glen MaSub Phases III & IV with Staff conditions.
AMENDMENT: Mr. Mehl moved, Mr. Sypinski seconded, to direct the applicant to resolve the
storm water discharge with the ditch company prior to the City Commission hearing and to direct
Staff to pursue a legal opinion from City Attorney regarding the Home Owners Association. The
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amendment carried 7-0. The amendment carried 7-0. Those voting aye being President Caldwell,
Mr. Becker, Ms. Costakis, Mr. Mehl, Mr. Quinn, Ms. Swarthout, and Mr. Sypinski. Those
voting nay being none.
AMENDMENT: Ms. Swarthout moved, Mr. Quinn seconded, to add a condition to provide
trail access for Block 20 between Lots 7 & 8 to provide pedestrian access. Mr. Becker stated he
agreed with the first two points but he did not support the pedestrian access between lots 7 & 8.
Mr. Sypinski stated he did not agree with condition #6 for the extension of Christian Way and
therefore, would not support the motion or the amendment. Ms. Swarthout asked if Ms. Costakis
would support the suggested trail, as Ms. Swarthout had previously suggested, in the event that
Christian Way was not extended. Ms. Costakis suggested she was concerned that there was not
enough access. Mr. Mehl suggested there were accesses on either end and he thought two access
points per block would be sufficient. Mr. Cotterman stated a 25 foot access in that location
would remove two lots in every block, but it could probably be squeezed in to Block 20. Planner
Skelton added that four lots would be lost anyway if Christian Way were extended. Ms.
Swarthout withdrew the amendment.
AMENDMENT: Mr. Sypinski moved, Mr. Quinn seconded, to eliminate Staff condition of
approval #6. The amendment failed 3-4. Those voting aye being Mr. Sypinski, Mr. Quinn, and
Mr. Mehl. Those voting nay being President Caldwell, Mr. Becker, Ms. Swarthout, and Ms.
Costakis.
Ms. Swarthout stated that as children grow they are allowed to first ride their bike to the
neighbor’s, then down the block, and finally around the block; she added that as a parent she
would feel much more comfortable keeping Staff condition #6. Mr. Becker concurred with Ms.
Swarthout. Mr. Mehl stated he was supportive of the removal of condition #6 but he saw no
evidence that adding cars would increase the safety in the subdivision; he noted the requested
block lengths were not much more than the ideal length. Mr. Sypinski stated other applications
that had been proposed had been up to about 600 feet and this proposal was only slightly beyond
that. President Caldwell stated he agreed with Mr. Sypinski that there were no demonstrated
physical constraints on the site so he was supportive of the requested block length.
Ms. Costakis asked how the mid-block crossing would be handled. Planner Skelton responded
bulb outs might be required. Mr. Cotterman added that signage and striped/scored concrete
would be required. President Caldwell responded the standards of the Transportation Plan would
be the governing authority.
AMENDMENT: Mr. Mehl moved, Mr. Sypinski seconded, to modify Staff condition #6 to
require that Christian Way be extended as a type 2 pedestrian path instead of a street to Glenkirk.
The amendment carried 4-3. Those voting aye being Mr. Sypinski, Mr. Quinn, Ms. Costakis, and
Mr. Mehl. Those voting nay being President Caldwell, Mr. Becker, and Ms. Swarthout.
AMENDMENT: Ms. Costakis moved, Mr. Sypinski seconded, to extend the type II pedestrian
path in place of Christian Way to Durston Road. Ayes Caldwell, Costakis. The amendment failed
2-5. Those voting aye being President Caldwell and Ms. Costakis. Those voting nay being Mr.
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Sypinski, Mr. Quinn, Mr. Mehl, Mr. Becker, and Ms. Swarthout.
FINAL MOTION: Mr. Quinn moved, Mr. Mehl seconded, to forward a recommendation of
approval to the City Commission for Laurel Glen MaSub Phases III & IV with Staff conditions,
to direct the applicant to resolve the storm water discharge with the ditch company prior to the
City Commission hearing, to direct Staff to pursue a legal opinion from City Attorney regarding
the Home Owners Association, and to modify Staff condition #6 to require that Christian Way be
extended as a type 2 pedestrian path instead of a street to Glenkirk. The motion carried 6-1.
Those voting aye being Mr. Quinn, Ms. Costakis, Mr. Mehl, President Caldwell, Mr. Becker, and
Ms. Swarthout. Those voting nay being Mr. Sypinski.
ITEM 6. NEW BUSINESS
President Caldwell stated the joint meeting between Planning Board and City Commission would
be held on the first meeting in May to discuss implementation policies for the Community Plan.
Mr. Sypinski suggested the Board take the lead on asking other advisory board members to
comment on the Growth Policy at City Commission. Mr. Mehl asked President Caldwell’s plan
regarding the implementation of the Growth Policy. President Caldwell responded the support of
the Board was his intention. Ms. Swarthout stated she agreed with President Caldwell, but she
did not feel super excited about the plan enough to go out and be a cheerleader, but someone
would need to be available to answer questions. Mr. Mehl stated he did not expect there to be a
large number of comments that had not already been made and it could not be implemented until
it was passed and things must be done in order. Mr. Becker responded it seemed the most
contentious issue was the Future Urban Land Use designation.
ITEM 7. ADJOURNMENT
Seeing there was no further business before the Board, President Caldwell adjourned the meeting
at 10:18 p.m.
__________________________________ __________________________________
Brian Caldwell, President Chris Saunders, Assistant Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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