HomeMy WebLinkAboutMeadow Creek Subdivision Phase 1 preliminary Plat for Lot 1, Block 41
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner Wendy Thomas, Community Development Director
SUBJECT: Lot 1, Block 4, Meadow Creek Subdivision, Phase 1
Preliminary Plat Application #P-13004
MEETING DATE: April 22, 2013
AGENDA ITEM TYPE: Action (Quasi-Judicial)
RECOMMENDATION: That the City Commission conditionally approves the Preliminary Plat Application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 planning
application #P-13004, with said conditions listed in Planning Board Resolution #P-13004.
RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having reviewed
the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-13004 and move to approve the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 requested in application #P-13004 authorizing to subdivide 2.4393 acres and create 10 residential, single
household lots with the remaining area as public alley subject to the conditions, as listed in Planning
Board Resolution #P-13004.”
BACKGROUND: Bozeman 1, LLC and representative C & H Engineering & Surveying, Inc. have
submitted a Major Subdivision Preliminary Plat application to subdivide 2.4393 acres and create 10
residential, single household lots with the remaining area as public alley. The subject property is located
in the corporate limits of the City of Bozeman with a zoning designation of R-3 (Residential Medium Density District), is located southeast of the intersection of West Graf Street and South 27th Avenue and
situated approximately one-quarter mile west of South 19th Avenue. The preliminary plat application
does not include any request for variances to the Unified Development Code (UDC).
The Development Review Committee (DRC) considered the application on March 12, 2013 and provided a recommendation of conditional approval. On April 2, 2013 the Planning Board held a public hearing, reviewed the proposal and voted 5-0 to recommend conditional approval of the preliminary plat
application with the conditions provided in Planning Resolution #P-13004. No public comment was
received during the public hearing of the Planning Board and no public comment or written testimony
on the matter has been submitted to the Planning Department as of this writing. The applicant’s
Commission Memorandum
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representative indicated at the Planning Board’s public hearing that they were in agreement with the
recommended conditions of approval.
A full and complete digital version of the preliminary plat application is available upon request at the office of the Department of Planning and Community Development. Included in the applicant’s preliminary plat notebook is a full digital version of the supplemental information provided with the
original preliminary plat application in 2006. Staff’s full analysis of the review criteria for this major
subdivision is included in the attached staff report.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES:
1) Approval of the Preliminary Plat Application as submitted with no conditions. 2) Approval of the Preliminary Plat Application with conditions of approval as recommended by the Planning Board.
3) Denial of the application.
4) As determined by the Commission.
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. The standard application fee was received for the Major Subdivision Preliminary Plat
application and was added to the Department of Planning’s application fee revenue.
Attachments: Planning Staff’s Report Applicant’s Preliminary Plat application materials
Report compiled on April 11, 2013
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#P-12014 The Knoll at Baxter West Subdivision – Staff Report 1
Planning Board & City Commission Staff Report for Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 Preliminary Plat Application File #P-13004
Item: A Subdivision Preliminary Plat Application, Planning Application #P-13004 to subdivide
2.4393 acres and create 10 residential, single household lots and the remaining area as public alleyway,
located at the southeast intersection West Graf Street and South 27th Avenue. Owner:
Bozeman I, LLC
2901 West Main Street
Bozeman, MT 59715
Applicant:
McIntosh Construction
P.O. Box 458
Bozeman, MT 59771 Representatives:
C&H Engineering & Surveying, Inc.
1091 Stoneridge Drive,
Bozeman, MT 59718 Date/Time: Before the Planning Board on Tuesday, April 2, 2013 at 6:00 PM, City Commission
Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana
Before the City Commission on Monday, April 22, 2013 at 6:00 PM, in the City Commission Meeting Room, City Hall, 121 N Rouse, Bozeman, Montana
Report By: Dave Skelton, Senior Planner
Staff Recommendation: Conditional Approval. Recommended Motion for Preliminary Plat Application: “Having reviewed the application
materials, considered public comment, and the staff analysis, I hereby adopt the findings presented
in the staff report for #P-13004 and move to approve the preliminary plat application for the amended plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 requested in application #P-13004 authorizing to subdivide 2.4393 acres and create 10 residential, single household lots and the remaining area as public alleyway subject to the conditions listed on page 3 and 4 of the staff
report.
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 2
Project Location
The subject property is located southeast of the intersection of West Graf Street and South 27th Avenue, situated approximately one-quarter mile west of South 19th Avenue. The property in question
is legally described as being Lot 1, Block 4 of Meadow Creek Subdivision, Phase 1. The property is
currently situated within the corporate limits of the City of Bozeman and zoned R-3, (Residential
Medium Density District). Please refer to the vicinity map provided below.
Proposal
Bozeman I, LLC, represented by C&H Engineering and Surveying, Inc., has submitted a Major
Subdivision Preliminary Plat application to subdivide 2.4393 acres and create 10 residential, single
household lots and the remaining areas as public alleyway.
The site in question is currently vacant, undeveloped land and contains no physical features, mature vegetation, watercourses or associated wetlands. The application does not include requests for
variances to the Unified Development Code (UDC) and no variances have been identified with the
review of the application. The applicant is proposing to subdivide an existing multi-household
residential lot and create 10 residential, single-household lots for the purposes of constructing
residential dwellings and marketing.
Recommended Conditions of Approval
Pursuant to Section 38.03.040 of the City of Bozeman Unified Development Code (UDC), 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 22, 2013 public hearing. Planning Board Resolution #P-13004 and minutes of the
Planning Board’s April 2, 2013 hearing will be forwarded to the City Commission and made a part of
the Commission’s record.
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 3
The recommended conditions of approval do not include code requirements identified in the staff
findings. Mandatory compliance with the explicit terms of Chapter 38, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the minimum standards in order to conform to the physical and economic development of the City, and to
the safety and general welfare of the future lot owners and of the community at large. The applicant
must comply with all provisions of the Bozeman Municipal Code which are applicable to this project.
The Development Review Committee reviewed the Preliminary Plat application; and as a result, found that the application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. On March 12, 2013 the
Development Review Committee (DRC) recommended conditional approval of the preliminary plat
application as outlined below.
Preliminary Plat Conditions:
1. 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 three (3) 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.
2. 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 in sufficient detail to direct the reviewer to the appropriate plat,
plan, sheet, note, covenant, etc. in the submittal.
3. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the
existing Meadow Creek Subdivision property owners association for said major subdivision.
4. Per 38.24.090.C “Drive Access Requirements” – The spacing of individual drive accesses for
individual residential lots on collector streets (i.e., South 27th Avenue and West Graf Street) is 330’
minimum for full access. This requires a one foot wide “No Access” strip along the frontage of South 27th Avenue and West Graf Street. All lots fronting onto the collector roads shall use the
public alley for access to the lots; no driveway access from South 27th Avenue or West Graff Street
will be permitted. This access restriction shall be addressed and demonstrated in the covenants,
development guidelines and as a notation on the final plat or other recordable document acceptable
to the City of Bozeman. The provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
5. The subdivision lots situated along South 27th Avenue and West Graf Street shall have double-
frontage architectural design features for dwellings facing onto the collector roads similar to that
found with the building orientation onto the local street frontage; including, but not limited to covered porches, varied roof lines, multiple façade materials, varied façade plane, articulation and variation of materials. These architectural requirements shall be discussed and illustrated in the
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 4
property owner’s restrictive covenants and development guidelines. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
6. A Notice of Limited Access will be recorded with the final plat advising future builders and
residents of the potential for limited egress/ingress points for private driveways from the public
alley. Private driveways may not encroach into the 5-foot wide side yard setbacks required with
each residential lot.
7. The applicant shall provide with the filing of the final plat payment of the estimated cost of topsoil, seed, and irrigation of one half of the future median of South 27th Avenue along the frontage of the
subdivision.
8. That the final plat contain the following language that is readily visible on the plat 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:
“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.”
9. 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.
10. The runoff coefficient for the proposed layout shall be compared to the one that was used for the
underlying subdivision. If the proposed layout results in a larger coefficient, retention/detention shall be provided to account for the difference.
Zoning Designation & Land Uses
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 District
“is to provide for the development of one-to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses.”
The following land uses and zoning are adjacent to the subject property:
North: Agricultural lands under Gallatin Country Jurisdiction zoned AS (Agricultural Suburban
District).
South: Partially developed single-household lots in Meadow Creek Subdivision, Phase 1 zoned R-3, (Residential Medium Density District).
East: Partially developed single-household lots in Meadow Creek Subdivision, Phase 1 zoned R-3,
(Residential Medium Density District).
West: Agricultural lands under Gallatin County Jurisdiction zoned AS (Agricultural Suburban
District).
Adopted Growth Policy Designation
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 5
The Future Land Use Map of the Bozeman Community Plan designates the property to develop as
“Residential”. “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to
development.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are
discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally
expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential
designation is intended to provide the primary locations for additional housing within the planning
area.”
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on November 28, 2012. With the pre-application plan review application, a partial waiver was requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat
Supplement’s” and granted by the DRC finding that said information was provided with the original
preliminary plat application in 2005. A digital copy of the supplemental information and
Environmental Assessment study provided in 2005 is included in the applicant’s preliminary plat application. The Planning Departments offers the following summary comments on supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no surface water resources or associated wetlands found within the subdivision boundaries of
the preliminary plat application.
38.41.060.A.2 Floodplains
As no surface water resources are found within the subdivision boundaries no designated floodplains
exist on the site.
38.41.060.A.3 Groundwater
Groundwater in the area of this preliminary plat application was discussed in the applicant’s narrative and based on the information previously provided for the preliminary plat application of Meadow Creek Subdivision in 2006, static ground water levels were monitored as being within 5 feet of ground
surface. While the applicant notes that standard engineering measures will need to be taken during the
design and construction phases of the development the Planning Department recommends with
condition #8 that a notation be provided on the final plat and in the protective covenants stating there is the potential for seasonal high ground water within the area of the subdivision and that full or partial basements should not be constructed without first consulting a professional engineer. The building
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 6
department will also require a soil analysis to be provided with each application for a building permit
within the proposed subdivision. Installation of municipal water and sanitary sewer services will reduce any concerns regarding the potential of groundwater degradation from private systems.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geological hazards associated with the site, with exception to the Seismic Zone 3
for earthquakes, which is common to the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (i.e., 15%) grade are evident.
The principal soil types identified by the Environmental Assessment in the 2005 preliminary plat
application consists of 6” to 12” of organic topsoil over 6” to 12” of tan clayey or sandy silt. The silt
layer averages about 1.5 to 3 feet deep across the site. This layer presents particularly weak bearing
strength. As a result, accepted engineering practices common throughout the Bozeman area will be used to overcome the limitations with construction of infrastructure, streets and residential foundations. This includes removal of topsoil and reaching existing gravel beds to establish a base for construction,
which may be effected by depth to groundwater.
38.41.060.A.5 Vegetation
No mature vegetation or critical vegetation species are found on the site. The site currently consists of native grasses and pasture. To control the spread of noxious weeds a Memorandum of Understanding with the County Weed District is currently in effect with undeveloped lands within the context of the
greater Meadow Creek Subdivision. The application has updated the noxious weed management plan
for the site being considered and was approved by the County Weed Board on January 23, 2013.
38.41.060.A.6 Wildlife
Due to the historical use of the property as agricultural lands, filing of the final plat for Meadow Creek Subdivision in 2006 and the construction of residential dwellings in proximity to the site, no critical
wildlife species have been identified in the immediate area.
38.41.060.A.7 Historical Features
The Environmental Assessment study or 2005 noted that no known historical structures existed on the site. The current application states that should, in the course of development any historical sites be uncovered that the State Historical Preservation Office would be notified. The Planning Department
has affirmed this action by recommending condition #9 of preliminary plat approval.
38.41.060.A.8 Agriculture
Historically, the subject property has been used for agricultural purposes as part of a larger farmstead until such time that the existing residential subdivision was created in 2006. Installation of streets, infrastructure and utilities, construction of residential development adjacent to the parcel and the
limited size of the site eliminates the ability to consider it a viable farming unit.
38.41.060.A.9 Agricultural Water User Facilities
There are no agricultural water user facilities associated with this site.
38.41.060.A.10 Water and Sewer
Municipal water and sanitary sewer mains currently exist in the adjacent streets and includes a number
of existing service lines that would be available to serve the residential lots. Those that cannot be used
will be abandoned and new service lines utilized for the reminder of the proposed lots. Final approval
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 7
of the water distribution system and sewage collection/disposal system will be obtained through
normal approval procedures of preliminary and final plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
The stormwater management plan for Meadow Creek Subdivision was approved with the filing of the
final plat for Phase 1 in November of 2006 that included storm water runoff from the development of
this preliminary plat application and is accounted for in the management plan. Stormwater runoff will be conveyed to a series of detention/retention ponds located throughout the existing subdivision that
will treat sediment and oils from the storm water before discharging into the watercourses in the area
or allowed to infiltrate in the ground. The City Engineer’s Office is recommending condition #10
advising the applicant that the runoff coefficient for the proposed layout shall be compared to the one
that was used for the underlying subdivision. If the proposed layout results in a larger coefficient, retention/detention shall be provided to account for the difference.
38.41.060.A.12 Streets, Roads and Alleys
Access to the 10-lot residential subdivision will be delivered by three existing perimeter streets; two
collector roads, West Graf Street and South 27th Avenue, and the local street Golden Sun Drive. A
one-foot wide “No Access” stripe currently exists for the sites fronting onto West Graf Street and South 27th Avenue. As a result, the applicant proposes to design the residential lots that front onto the
two collector roads as alley-loaded lots by constructing a 20-foot paved surface within a 30-foot wide
dedicated public alley. The remaining lots that front onto Golden Sun Drive will have the option to be
front loaded lots or take access from the pubic alley.
The collector road, South 27th Avenue is currently constructed to one half of a full City standard collector. The full design recommends a 3-lane section with sidewalks, boulevards, turning lane and landscape median similar to the section that currently exists approximately two blocks to the south.
Until such time that the adjoining county lands to the west develops, the applicant does not have the
ability to complete that portion of the median and landscape island that fronts the proposed
subdivision. As a result, the recommendation of preliminary plat approval includes condition #7 that the applicant provide payment of the estimated cost of topsoil, seed, and irrigation of one half of the future median of South 27th Avenue along the frontage of the 10-lot subdivision. This will relief the
applicant of having to participate in any future improvements to the collector road when it is completed
to a full City standard.
The design of the alley loaded lots presents potential restrictions for limited egress/ingress points for the individual private driveways. While there is generally adequate lot width for each of the residential
lots to prevent side yard encroachments, Lots #3-#5 have a more restrictive dimension to eliminate side
yard conflicts. As a result, the Planning Department is recommending condition #6 recommending
that a Notice of Limited Access will be recorded with the final plat advising future builders and
residents of the potential for limited egress/ingress points for private driveways from the public alley. This should also assist future builders in the design of the residential dwellings that will prevent
potential side yard encroachments.
38.41.060.A.13 Utilities
That applicant notes that private utilities are available to the site within existing utility easements. All
private utilities servicing the subdivision will be installed underground. The D.R.C. and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final amend plat for this subdivision block shall identify the existing utility
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 8
easements as approved with the original plat filed in 2006. The final plat shall also include the
easement notation required with the Certificate of Dedication as set forth in the Unified Development Code.
38.41.060.A.14 Educational Facilities
As this was addressed with the Environmental Assessment during the review of the original
preliminary plat application, no written comments have been solicited of the Bozeman School District.
38.41.060.A.15 Land Use
This subdivision preliminary plat application proposes to convert an existing multi-household residential lot to 10 single-household residential lots that range from 7,614 square feet to 15,316 square
feet in size. Under the current R-3 (Residential Medium Density District) zoning designation both land
use types are listed as principle permitted uses in Chapter 38 of the Unified Development Code (UDC).
As noted previously, the residential lots that front onto the collector roads, West Graf Street and South 27th Avenue will not be front loaded lots, but will instead be accessed from a public alley. As this will
generate double frontage lots the Planning Department is recommending condition #5 that the property
owner’s association documents provide language to address the proposed “double frontage lots” to
require double fronted design features, including a true front presentation towards the collector roads
with porches, front doors, no garage fronts, various roof lines, dormers and façade offsets. This is intended to assure an attractive presentation to the perimeter, adjacent lands and collector roads.
38.41.060.A.16 Parks and Recreation Facilities
The parkland dedication requirements for this subdivision block was satisfied with public parklands
dedicated with the filing of final plat for phase one of Meadow Creek Subdivision. At 0.03 acres of
dedicated parkland per dwelling unit the calculated parkland dedication with this preliminary plat application would be 0.30 acres. This lot was calculated in 2006 as a multi-household residential lot as
providing approximately 0.58 acres of dedicated parkland, which exceeds the parkland calculation that
would be required with this application.
38.41.060.A.17 Neighborhood Center Plan
The 6.10-acre dedicated parkland situated at the northwest corner of the intersection of West Graf Street and Enterprise Road is identified as satisfying the requirements of a neighborhood center for
Meadow Creek Subdivision. The dedicated park (i.e., Enterprise Park) is of a size and layout that
allows for both passive and active recreation, and is commonly reserved for organized sports such as
soccer and lacrosse programs.
38.41.060.A.18 Lighting Plan
Street lights are currently installed at the intersections of the identified adjacent streets; West Garfield
Street, South 27th
38.41.060.A.19 Miscellaneous
Avenue and Golden Sun Drive. The City Engineer’s Office has not identified the
need for additional street lights with this application.
There are no public lands adjacent or within 200 feet of the proposed development. No health or safety hazards on or near the subdivision (i.e., mining activities or potential subsidence, high pressure
gas lines, dilapidated structures or high voltage power lines) have been identified with this preliminary
plat application.
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 9
38.41.060.A.20 Affordable Housing
The Workforce Housing ordinance and program has been suspended by the City Commission until further notice and evaluation of the program.
Staff Findings/Review Criteria
As set forth under Section 38.03.040 of the Unified Development Code, a copy of the Preliminary
Subdivision Plat application was distributed to all appropriate agencies for review and comment, and
those agency comments received by the Planning Office have been included in the staff’s summary review report. The Planning Board shall review the preliminary plat, together with required supplemental information, and determine whether the plat is in compliance with the City’s growth
policy, and forward a recommendation of approval, conditional approval, or disapproval of the plat.
The basis for the City Commission's decision to approve, conditionally approve, or disapprove the
Preliminary Plat application shall be whether the preliminary plat, supplemental information, Planning Board advice and recommendation, and additional information demonstrate that development of the subdivision would meet the requirements of the Montana Subdivision and Platting Act. The Montana
Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following primary review
criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the
Development Review Committee, and other applicable review 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 site is located within a developed urban part of the City being part of Meadow Creek Subdivision, Phase 1 and has no agricultural components that would be impacted by the proposed minor subdivision.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project. Although the
subdivider does not anticipate any impacts to downstream water users with this subdivision, the applicant is reminded that they are subject Title 85, MCA protecting water rights, conveyance and agricultural water user facilities, and are therefore advised that they may be subject to those
restrictions.
3. Effects on Local Services
Water/Sewer: Municipal sanitary sewer and water mains exist in the West Graf Street, South 27th Avenue and Golden Sun Drive rights-of-way. A limited number of the existing service lines installed
in 2006 for the multi-household lot will need to be redesigned and reviewed by the City Engineer’s
Office to accommodate the proposed residential lots.
Police/Fire: The property is located within the City’s Police and Fire emergency response area.
Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision’s street network for the major subdivision. No alterations to the present street network or egress/ingress access
points are proposed with this application.
Stormwater: The 10-lot subdivision was included in the Stormwater Master Plan reviewed and
approved by the City Engineer’s Office for the original subdivision platted in 2006. No significant site
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 10
or grading changes are proposed as part of this subdivision application. The subdivider is on notice
that with any future development of the proposed lots the existing stormwater facilities will be reevaluated to meet City design standards and may require alterations prior to any City Engineering office approval.
Parklands: Dedicated public parkland required with this subdivision was met with the approved park
master plan and public parkland dedicated with the final plat for phase one. The applicant does not
propose the construction of any public trails with this development and the Parks, Recreation, Open Space, & Trails (PROST) Plan does identify the need for any pedestrian corridors within the context of
this site. The workforce housing ordinance will not apply to this application as the housing plan has
been suspended while the City of Bozeman considers alternatives to implement the affordable housing
plan.
Utilities: All private utilities (electricity, gas, cable and phone utilities) currently exist in the adjacent streets or within utility easements on the subject property.
4. Effects on the Natural Environment
This property is located in an area of the City which has been identified and developed for residential
uses at urban density and no changes are proposed that would impact the natural environment.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the subject property.
This area of the City has been identified and developed for urban purposes in a location of the City
where no physical features, established vegetation or habitat exist, which reduces the potential for
development of any wildlife habitat.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 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.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of compliance with master plan status. As a result, the DRC has reviewed this application against the listed criteria and further provides the following summary review:
B. Compliance with survey requirements provided 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 prepared as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said plat(s) must comply
with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in
the Gallatin County Clerk & Recorder's Office upon review and approval by City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified Development
Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law.
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 11
The following requirements are standards of the Bozeman Unified Development Code and shall be
addressed with the final plat application:
a. 38.03.040.A 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 with each subsequent
request considered on its individual merits and consideration on criteria provided in 38.03.040.A, BMC. As a single-phased subdivision, conditional approval of this preliminary plat application shall be in force for not more than two years.
b. 38.21.060.C.1 “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.
c. 38.23.030.D, corner lots shall have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety.
d. 38.23.050 “Utilities” - 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.
e. 38.23.060.B “Private Utilities” – The final plat and property owner’s association documents shall
contain a note stating that if a utility easement is greater than the building setback required by Chapter
38, B.M.C. said easement shall apply. All utility easements to be noted on the Final Plat for each
typical subdivision lot/block, exclusive of notations on the final plat.
f. 38.23.060.D.4 – States that storm water runoff from a development shall not be discharged directly to an irrigation facility. This will further require all storm water facilities to be designed in a manner
that addresses the criteria set forth by the Planning Office
g. 38.23.120 - 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. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a
City right-of-way.
h. 38.23.180 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due
with each final plat(s) of the major subdivision.
i. 38.25.020.A “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall car garages as outlined by Section
38.25.020.A, BMC.
j. 38.26.050.E “Street Frontage’ – The homeowner’s association documents shall contain language
stating that all street rights-of-way contiguous to or within the proposed development site not used for
street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of
total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting
permit for street trees and obtaining utility locates before any excavation begins in the City of
Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall
be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 12
above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted
boulevard tree.
k. 38.39.030 “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the
City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary
plat submittal information and conditions of approval. If the final plat is filed prior to the installation of
all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements.
l. 38.39.030.B.2 “Sidewalks” – The final plat and property owner’s association documents shall
include language stating that “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.”
m. 38.41.050.A.8 – 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.
n. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
o. The subdivider shall ensure that all construction material and other debris are removed from the
subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
p. 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.
The City Engineer’s Office has identified the following code provisions and design standards that will
apply to this application.
a. Storm water Master Plan: Storm water Master Plan for the subdivision for a system designed to
remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. b. The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the storm
water receiving channel. The plan shall include sufficient site grading and elevation information
(particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan.
c. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer
prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm
Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention
Plan (SWPPP) if they are required for this development. A copy of the Notice of Intent (NOI), the
Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana
Department of Environmental Quality shall be submitted to the City. d. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 13
the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also
provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. All plans and specification shall comply with the current
version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy
and the City of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications. e. No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
f. 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.
g. 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.
h. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed. i. The alley drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such the infrastructure plans. A
City Curb Cut and Sidewalk Permit shall be obtained prior to initiation of construction.
j. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. k. Project phasing shall be clearly defined including installation of infrastructure. 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.
l. 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.
m. 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. n. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications.
o. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC
Prior to final plat approval.
p. A maintenance bond from the contractor to the owner naming the City as dual oblige shall be provided in accordance with Section C.3 Bonding, of City of Bozeman Design Standards and
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#P-13004 Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 - Staff Report 14
Specifications Policy. This shall remain in effect for the duration of the two year warranty period.
D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act.
The hearings before the Planning Board and City Commission have been properly noticed, as required
by the Bozeman Unified Development Code. 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
D.R.C. 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.
E. Provision for 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. Provisions 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 common open space and for all streets/alleys if
they are not dedicated to the public
Public Comment
As of this writing the Planning Department has not received any public comment. Any public
comment received prior to the public hearings will be provided.
Conclusion/Recommendation
Pursuant to Section 38.03.040.D of Chapter 38, 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 Monday,
April 22, 2013 hearing which begins at 6:00 PM. Planning Board Resolution #P-13004 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 of this application. The decision of the
City Commission may be appealed by an aggrieved person as set forth in Article 38.35, BMC.
Attachments: Aerial Exhibit
Agency Review Comments
Applicants’ Preliminary Plat Materials
Mailed to:
Bozeman 1, LLC, 2901 W Main Street, Bozeman, MT 59715
McIntosh Construction, P.O. Box 458, Bozeman, MT 59771 C&H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718
46
Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1
1
RESOLUTION #P-13004
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 2.4393
ACRES, LOCATED SOUTHEAST OF THE INTERSECTION OF WEST GRAF
STREET AND SOUTH 27TH AVENUE INTO 10 RESIDENTIAL, SINGLE HOUSEHOLD LOTS WITH THE REMAINING AREA AS PUBLIC ALLEY ON PROPERTY
DESCRIBED AS BEING LOT 1, BLOCK 4, MEADOW CREEK SUBDIVISION, PHASE
ONE BEING LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 23, T2S,
R5E, PMM, CITY OF BOZEMAN, 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, Bozeman 1, LLC and representative, C&H Engineering
& Surveying, Inc., submitted a Major Subdivision Preliminary Plat Application to subdivide
2.4393 acres, located southeast of the intersection of West Graf Street and South 27th Avenue
and create 10 residential, single household lots with the remaining area as public alley on
property legally described as Lot 1, Block 4, Meadow Creek Subdivision, Phase 1 located in the
Southeast ¼ of Section 23, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin
County, Montana.
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been
properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
April 2, 2013, to review the application and any public testimony on the request for said Major
Subdivision Preliminary Plat Application; and
WHEREAS, no members of the general public provided written or oral public testimony
on the matter of the preliminary plat application; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application regarding lot design, potential for further subdivision of the lots,
homeowner association restrictions regarding gardens, association enforcement of restrictions,
public alleyway design and access, snow removal, on-street parking on West Graf Street and
South 27th Avenue, boulevard sidewalks, and parkland requirements; and
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Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1
2
WHEREAS, the City of Bozeman Planning Board moved to recommend conditional
approval of the preliminary plat application with said recommended conditions of approval, as
provided in the Planning Department’s staff report; 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 as
recommended, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board,
having heard and considered public comment, adopted the findings presented in the staff report
for P-13004 and voted 5-0 to recommend approval of the preliminary plat application for the
Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, requested in application
P-13004 authorizing to subdivide 2.4393 acres and create 10 residential, single household lots
with the remaining area as public alley subject to the following conditions:
Recommended Conditions:
1. 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 three (3) 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.
2. 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 in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The subdivider shall provide the necessary declaration and recitals creating the property
owner’s association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing Meadow Creek Subdivision property owners association for said
major subdivision.
4. Per 38.24.090.C “Drive Access Requirements” – The spacing of individual drive accesses for
individual residential lots on collector streets (i.e., South 27th Avenue and West Graf Street)
is 330’ minimum for full access. This requires a one foot wide “No Access” strip along the
frontage of South 27th Avenue and West Graf Street. All lots fronting onto the collector
roads shall use the public alley for access to the lots; no driveway access from South 27th
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Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1
3
Avenue or West Graff Street will be permitted. This access restriction shall be addressed and
demonstrated in the covenants, development guidelines and as a notation on the final plat or
other recordable document acceptable to the City of Bozeman. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the
City Commission pursuant to 38.38.030.A.5, BMC.
5. The subdivision lots situated along South 27th Avenue and West Graf Street shall have
double-frontage architectural design features for dwellings facing onto the collector roads
similar to that found with the building orientation onto the local street frontage; including,
but not limited to covered porches, varied roof lines, multiple façade materials, varied façade
plane, articulation and variation of materials. These architectural requirements shall be
discussed and illustrated in the property owner’s restrictive covenants and development
guidelines. The provisions in the property owner’s association documents fulfilling this
condition shall be considered required by the City Commission pursuant to 38.38.030.A.5,
BMC.
6. A Notice of Limited Access will be recorded with the final plat advising future builders and
residents of the potential for limited egress/ingress points for private driveways from the
public alley. Private driveways may not encroach into the 5-foot wide side yard setbacks
required with each residential lot.
7. The applicant shall provide with the filing of the final plat payment of the estimated cost of
topsoil, seed, and irrigation of one half of the future median of South 27th Avenue along the
frontage of the subdivision.
8. That the final plat contain the following language that is readily visible on the plat 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:
“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.”
9. 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.
10. The runoff coefficient for the proposed layout shall be compared to the one that was used for
the underlying subdivision. If the proposed layout results in a larger coefficient,
retention/detention shall be provided to account for the difference.
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Amended Plat of Lot 1, Block 4, Meadow Creek Subdivision, Phase 1
4
DATED THIS DAY OF , 2013 Resolution #P-13004
_____________________________ ____________________________
Trever McSpadden, President David Skelton, Senior Planner
Bozeman Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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City of Bozeman Planning Board Minutes of April 2, 2013.
PLANNING BOARD MINUTES
TUESDAY, APRIL 2, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 6:05 p.m. in
the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to take attendance.
Members Present: Staff Present:
Trever McSpadden, President David Skelton, Senior Planner
Carson Taylor Tara Hastie, Recording Secretary
Erik Garberg
Adam Fruh
Paul Neubauer
George Thompson
Members Absent: Guests Present:
Carl Tange Mark Chandler
ITEM 2. PUBLIC COMMENT
{Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on
this agenda. Three-minute time limit per speaker.}
No public comment.
ITEM 3. MINUTES OF MARCH 19, 2013
MOTION: Mr. Neubauer moved, Mr. Thompson seconded, to approve the minutes of
March 19, 2013 as presented. The motion carried 6-0. Those voting aye being Vice President
Garberg, President McSpadden, Mr. Taylor, Mr. Neubauer, Mr. Thompson and Mr. Fruh. Those
voting nay being none.
ITEM 4. PROJECT REVIEW
1. Major Subdivision Preliminary Plat - #P-13004 (Lot1, Block 4, Meadow Creek Subdivision,
Phase 1) – A Major Subdivision Preliminary Plat application, as requested by the property owner
Bozeman 1, LLC, 2901 W. Main Street, Bozeman, MT 59718, applicant McIntosh Construction,
P.O. Box 458, Bozeman, MT 59771 and represented by C&H Engineering & Surveying Inc., 1091
Stoneridge Dr., Bozeman, MT 59718, requesting the subdivision of 2.4393 acres and creation of 10
residential single-household lots with the remaining area as public alleyway pursuant to Chapter 38
of the Bozeman Municipal Code. The subject property is legally described as being Lot 1, Block 4,
Meadow Creek Subdivision, Phase 1 located in the SE¼ of Section 23, Township 2 South, Range 5
East, PMM, City of Bozeman, Gallatin County, Montana and is generally located at the southeast
corner at the intersection of West Graf Street, and South 27th Avenue. (Skelton)
President McSpadden recused himself in case of a conflict of interest and declared Vice
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City of Bozeman Planning Board Minutes of April 2, 2013.
President Garberg President Pro Tem.
Senior Planner Dave Skelton presented the Staff Report . He noted the location of the property,
and the zoning (R-3) which is appropriate for single-household and multi-household residential
lots. He noted the adjacent developments and land uses in the area, and that there are no adjacent
watercourses and associated wetlands, mature vegetation, physical features, etc. Mr. Sk elton
noted that the parkland requirements have already been met. Existing infrastructure will meet the
needs and are available to the site. The land is vacant , undeveloped land with six of ten adjoining
lots on Golden Sun Drive already developed. The proposed subdivision lots exceed the
minimum lot area requirements, and are generally greater-than-normal in size and will be able to
meet the minimum required yard setbacks. Seven of the t en single-household lots will be alley
loaded lots using the proposed public alley instead of accessing directly onto the collector roads.
The Development Review Committee (DRC) is recommending that the alley right-of-way exceed
the minimum 20-foot wide width to accommodate public and private services, as well as serving
the residents. The three remaining lots that front on the local street will have the option of
developing as alley loaded or front loaded lots. Services to the subdivision are generally located
in the adjacent streets and available to the site. However, new services for some of the lots will
be necessary with construction of the individual lots. The subdivision has been properly noticed
as required by the Unified Development Code (UDC) and no public comment has been received
by the Planning Department as of the Planning Board’s hearing. Planning Department
recommends conditional approval of the proposal per the staff report.
Paul Neubauer asked for clarification of 1:3 ratio. Planner Skelton replied that the 1:3 ratio of lot
width to lot length was a regulatory standard of a previous ordinance with the intent to avoid the
potential of creating long linear lots that could not offer a reasonably sized building pad and is no
longer applicable in the current UDC. While the lot lengths for two of the proposed lots seem
long and linear, they are more than adequate to accommodate an adequately sized building pad.
Responding to the question of further subdivision of the property Mr. Skelton noted that an
individual could aggregate two or three of the subdivision lots to create one single household lot
for a single household. However, any subdivision of the three lots fronting onto Golden Sun
Drive would seem unreasonable.
Adam Fruh asked for clarification on the restrictions on gardens with regard to vegetables in the
front or side yard. Planner Skelton responded that gardens are considered an accessory use and
would be allowed in the front yard as long as the majority of the garden is in live vegetation.
However, the homeowner’s association may impose more restrictive standards than what the City
requires in the UDC, but the City would not be party to regulating said restrictions. Erik Garberg
concurred. Mr. Fruh added that this limits water usage and gives less input in the development
of any subdivi sion; not necessarily this subdivision but as a general comment and was curious
why the regulation is in place. Mr. Neubauer clarified that it is in the HOA's jurisdiction to make
any changes and for enforcement. Mr. Garberg suggested continue discussion as future new
business.
George Thompson asked if 20-ft turning radius was adequate for snow removal. Planner Skelton
replied that the DRC found the turning radius for the alley adequate and noted that as far as snow
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City of Bozeman Planning Board Minutes of April 2, 2013.
removal by the City the two collector streets would have a higher priority than local streets and
alleyways unless the HOA elected to assume the responsibility. Mr. Thompson says property
owners are maintaining two streets, but Planner Skelton responded that the City is responsible for
upkeep and maintenance of the public streets being part of the community taxes levied for
maintenance. Planner Skelton noted that in terms of homeowner’s association documents that the
UDC establishes the minimum requirements for approval of HOA documents that includes
maintenance and upkeep of common open space, trails, levied assessments, etc., but most
subdivision HOA documents exceed the minimum requirements of the City.
Carson Taylor asked if there is parking along West Graf street and South 25th Avenue. Planner
Skelton replied not at this time, and added that there are bike lanes along sections of the
collectors, and that boulevard sidewalks will be constructed with development of the residential
lots. Mr. Tayl or asked if the garages will front on the alley. Planner Skelton replied yes for lots
fronting the collector roads as a 1-foot “No Access” strip currently exists for both roads , which
are consider double frontage lots. Mr. Thompson clarified they would have to walk a few blocks
to get to their house. Mr. Skelton added that in most cases the double-car garages and private
driveways would provide adequate depth to provide four parking spaces per dwelling to reduce
walking distance of only a half a block. Mr. Thompson asked about restrictions regarding the
width of the collector. Planner Skelton replied that this section is currently an interim design
with no on-street parking on the street. Mr. Neubauer stated that lots 2-6 have front doors that
won't get used and that there will be l ots of parking on Golden Sun Drive. Planner Skelton
replied that the 60' right-of-way and design Golden Sun Drive is adequate to allow parking on
both sides of the local street. He noted that the lots fronting South 27th Avenue and West Graf
Street are all alley-loaded lots with exception to possibly the two corner side lots that could be
accessed from the local street, Golden Sun Drive. He further comment these type of access
situations are common with collector and arterial streets, and are similar to the Knoll at Baxter
West Subdivision and The Crossing at Baxter M eadows Subdivision that the Planning Board
recently reviewed in March. Mr. Fruh asked if it is high speed. Planner Skelton noted that
collectors and arterials are generally intended to be designed and constructed with the purpose of
providing the least paths of resistance while moving traffic in a safe and efficient manner, and
avoiding such circumstances as private vehicles backing into public rights-of-way that are not
local streets. Mr. Thompson commented that with parking it takes more use of the lane and a
bigger right-of-way.
Mark Chandler spoke on behalf of Brian Macintosh noting there would be no access to the lots
from Graf Street and South 27th Avenue, necessitating an all ey. Only those lots on the corner
would be able to access onto the street. Mr. Chandler noted that the new lay out complies with
the R-3 zoning and provides less density than a multi-family lot. Mr. Fruh asked if there is any
provision that prevents further subdivision of the lots. Mark replied no. Planner Skelton added
that once the plat is filed unless they aggregate two or more lots he doesn't see any further
subdivision of this parcel. Mr. Garberg added that there would also be a public process for
something like that. Mr. Thompson asked about the 5 ft and 6 ft sidewalks? Mark replied that
the wider sidewalk is required on the bigger streets to accommodate heavier pedestrian traffic.
Mr. Neubauer asked about parkland credits--is it all at Enterprise Park. Planner Skelton replied
that the required dedicated parkland requirements for this site have been met with the approval of
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the preliminary plat and filing of the final plat in 2006. There are no parkland credits being
requested with this application. Mr. Neubauer asked about zoning coordination with the County.
Planner Skelton noted that staff wasn't aware to any upcoming proposals for annexation of
adjoining lands in the area. Mr. Thompson asked whether the original parkland had already been
laid out for the site as a whole. Planner Skelton responded that Phase I has exceeded the
requirements for Meadow Creek Subdivision with the development of Enterprise Park adjacent
to Enterprise Boulevard and a second public park on the west end of the subdivision.
Erik Garberg called for public comment. There was none.
MOTION: Mr. Fruh moved, and Mr. Thompson seconded, that having reviewed the application
materials, considered public comment, and the staff analysis, to hereby adopt the findings
presented in the staff report for #P-13004 and move to forward a recommendation of approval to
the City Commission for the preliminary plat application for the amended plat of Lot 1, Block 4,
Meadow Creek Subdivision, Phase 1 requested in application #P-13004 authorizing to subdivide
2.4393 acres and create 10 residential, single household lots and the remaining area as public
alleyway subject to the conditions listed on page 3 and 4 of the staff report.
Discussion. Adam Fruh questioned the relationships between the proposal and the UDC.
Mr. Carson noted the staff findings were also adopted as outline in the staff report.
The motion carried 5-0. Those voting aye being Pro Tem President Garberg, Mr. Taylor, Mr.
Neubauer, Mr. Thompson and Mr. Fruh. Those voting nay being none.
President McFadden resumed his position on the board.
ITEM 5. NEW BUSINESS Mr. Fruh raised the issue of noxious weed study and pollinators study. Trever replied that it is
out of City authority, and its role is to note and document the infestation and then plan to
eradicate and/or maintain it. Trever reiterated that the County is the authority and the HOA is
supposed to be set up for maintenance despite whether or not they carry through. Carson added
that the HOA rules do not violate the UDC but can be more restrictive. With issues that involve
the UDC, staff may come to the Planning Board for recommendations.
Carson suggested the recommended motion be referred to at the beginning of each staff report.
Correction: Trevor says only 9 lots, not 10.
Erik stated for the record he liked the alleys.
ITEM 6. ADJOURNMENT
Seeing there was no further business before the Planning Board, President McSpadden adjourned
the meeting at 7:00 p.m.
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City of Bozeman Planning Board Minutes of April 2, 2013.
Trever McSpadden, President David Skelton, Senior Planner
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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