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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, AICP Wendy Thomas, Director of Community Development
SUBJECT: The Kagy Garden Minor Subdivision to create five (5) Single Household
Residential Lots with Variance from Wetland Setbacks. The property is generally located north of Kagy Boulevard between Bozeman Creek and Sourdough Road, File P13020.
MEETING DATE: August 26, 2013
AGENDA ITEM TYPE: Action – Quasi Judicial
RECOMMENDATION: That the City Commission conditionally approves the Preliminary
Plat Application for the Kagy Garden Minor Subdivision with Variance, File #P-13020, with the
conditions listed in the staff report.
SUGGESTED MOTION: Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for file
#P-13020 and move to approve the preliminary plat application for the Kagy Garden Minor
Subdivision with variance from wetland setbacks authorizing the subdivision of 2.7172-acres
into 5 lots for single household construction subject to the conditions listed in staff report.
Staff report page references: conditions of approval, page 6; subdivision/findings criteria, page 10; code provisions, page 20.
BACKGROUND: Mahar Montana Homes, represented by C&H Engineering and Surveying,
Inc., submitted preliminary plat application to subdivide two (2) existing parcels into five (5)
single household residential lots and requested a variance from required wetland setbacks. The buildable area was created by backfill from the re-construction of Kagy Boulevard.
The Applicant requested a variance from the 75-foot jurisdictional wetland setback and the 50-
foot non-jurisdictional wetland setback required by Section 38.23.100.A.2.c.4.d, Bozeman
Municipal Code. The applicant proposed a 20-foot setback which corresponds roughly with the
top of the embankment separating the wetlands from the buildable area of the subdivision.
The Wetlands Review Board (WRB) held a meeting on July 24, 2013 and voted 3-0 to recommend conditional approval with modification as noted in the attached Wetlands Review
Board meeting summary. The WRB suggested increasing the requested setback from 20-feet to
10-feet back from the top of the bank, equivalent to a 30-foot setback, to mitigate potential
impacts on the wetlands. The Applicant stated they agreed with the proposed WRB setback.
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The Development Review Committee, considering and adopting the recommendation of the
WRB, provided a recommendation of conditional approval of this application on July 31, 2013.
A full and complete digital version of the preliminary plat application is available upon request
at the office of the Department of Community Development. Staff’s full analysis of the review criteria for this minor subdivision is included in the attached staff report.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the
staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional
information or to address specific items.
FISCAL EFFECTS: No significant fiscal effect is anticipated.
Attachments: Staff Report
Application materials
Report compiled on: August 16, 2013
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P-13020, Staff Report for the KAGY GARDEN MINOR SUBDIVISION
WITH VARIANCE
Date: City Commission meeting is on August 26, 2013
Item: The Kagy Garden Minor Subdivision to create five (5) Single Household Residential Lots
with Variance from Wetland Setbacks. The property is generally located north of Kagy
Boulevard between Bozeman Creek and Sourdough Road, File P13020.
Project Location: The project is generally located on the north side of Kagy Boulevard,
between Sourdough Road and Bozeman Creek. It is legally described as the (SE ¼) of
Section 18, (T2S), (R6E), PMM, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Report Date: Monday, August 19, 2013
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .......................................................................................................... 2
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 5 - STAFF ANALYSIS............................................................................................... 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 13
Preliminary Plat Supplements ........................................................................................... 14
Zoning Variance Review Criteria, Section 38.35.060, BMC ........................................... 19
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 21
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 24
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 25
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 26
APPENDIX E –REQUESTED VARIANCES OR DEVIATIONS ............................................. 27
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF.................................. 28
APPENDIX G – Public Comment and additional information .................................................... 29
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses:
North – Unannexed low density residential area with lowlands, riparian, wetlands and
floodplains associated with Bozeman Creek. County zoning in this area is R-S (Residential
Country Estates District).
East – Single family homes within the City of Bozeman and zoned R-S (Residential
Suburban). These properties are bounded by Sourdough Road further to the to the east.
South – The property is directly adjacent to Kagy Boulevard. Across Kagy Boulevard is
Unannexed County property zoned R-S (Residential Country Estates District).
West - Unannexed low density residential area with lowlands, riparian, wetlands and
floodplains associated with Bozeman Creek. County zoning in this area is R-S (Residential
Country Estates District).
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. 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.
Recommended Conditions of Approval:
1. A 10-foot wetlands setback from the top of the bank of Lots 2-5 and extend to where the 10-foot setback intersects with elevation 4,910 on Lot 1; at the point of intersection the
required 75 foot watercourse setback applies for the remainder of Lot 1 shall be shown on
the face of the plat. The required setback will be marked in a manner to insure no
construction disturbance will occur in the recommended setback area on Lot 1. The suggested setback effectively creates a 30-foot setback from the edge of the delineated wetland, with the exception of Lot 1 where the 75-foot 75 foot watercourse setback applies,
generally.
2. To protect the integrity of the banks of the slope, the Subdivider shall construct a wildlife
friendly barrier or fence to mitigate potential disturbance of the slope by residents of the development prior to final plat approval.
3. The Stormwater Master Plan shall include, in addition to the surface basin, a subsurface
retention/detention facility suitable for the application. The subsurface facility plan shall
include sufficient site grading and elevation information (particularly for the basin site,
drainage ways and finished lot grades), typical stormwater detention/retention storage and discharge structure details, storage sizing calculations and a stormwater maintenance plan.
4. A one foot no access strip shall be placed along the southern boundary of any lots that abut
Kagy Avenue to prohibit direct access to this arterial roadway pursuant to Section
38.24.090, B.M.C.
Engineering Comments:
5. Additional right-of-way shall be dedicated for East Kagy Boulevard to provide for a total right-of-way width of 60’ north of centerline, conforming to one-half a principal arterial
standard of the current Bozeman Area Transportation Plan, across the entire property
frontage.
6. The Montana Department of Transportation shall permit the proposed Panache Court
access onto East Kagy Boulevard prior to final plat approval.
7. A note shall be added to the plat requiring residential structures to be constructed at least
two feet above the base flood elevation, including basements, for proposed residences
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located within any special flood hazard area depicted on the current effective Flood
Insurance Rate Map (FIRM).
8. The subdivision homeowner’s documents shall require lot owners to construct functional
retention ponds or subsurface detention and/or retention facility that serve to limit post-development stormwater runoff leaving a lot to the pre-development condition.
Stormwater runoff that exceeds the pre-development condition and that is directed to other
private property shall be contained within private stormwater easement.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Kagy Gardens preliminary plat
File: P-13020
Development Review Committee
The Development Review Committee has reviewed the Preliminary Plat application on July 17,
24, and 31, 2013; and as a result, finds 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. The DRC evaluated the merits of the requested variance from
required wetlands setback. Based on the comment received from the Wetlands Review Board
(WRB) the DRC recommended the City Commission grant the variance with modification as
described by the WRB. Therefore, the Development Review Committee recommends
conditional approval of the preliminary plat application and variance.
Wetlands Review Board
The Wetlands Review Board (WRB) held a meeting on July 24, 2013 to review wetland related
submittal materials, prepare functional assessments of regulated wetlands that may be impacted
by proposed regulated activities, evaluate the impacts proposed regulated activities may have on
delineated wetlands and to provide wetlands protection, mitigation and/or enhancement
recommendations regarding such proposals review authority established by 38.34.010, subject to
the provisions of chapter 38. The meeting summary is attached to the report as Appendix G.
Based on the information available the WRB considered the slope, existing vegetation,
surrounding typography, proximity to hydrologic features and the intent of the Regulations and
location of the development in their discussion and recommendation. The WRB made suggested
modifications to the proposed wetlands setback to insure water quality. The recommendations
included a “bubble box” or subsurface detention/retention facility, greater setback from
delineated wetlands, and additional marking for areas to minimize ground disturbance. The
Applicant agreed to the suggestion modification of an alternative storm water detention/retention
facility, requiring a 10-footsetback from the top of the slope and shows the setback on the face of
the plat.
In conclusion, the WRB found that the Applicant mitigated potential negative impacts caused by
the subdivision and recommends the City Commission grant the Applicants variance request for
setback requirements from jurisdictional and non-jurisdictional wetlands, as modified.
Specifically, the WRB suggested increasing the requested setback from 20-feet to 10-feet back
from the top of the bank, the equivalent to a 30-foot setback, to mitigate potential impacts on the
wetlands. The Applicant stated they agreed with the proposed WRB setback.
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SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The site is not within an overlay district and does not have any applicable special use review
criteria unique to the project. The proposed subdivision appears to meet minimum design
standards for subdivision lots and access pursuant to Section 38.23.030, BMC. Staff has not identified code provisions that are currently unmet by this application. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project,
prior to receiving final plan approval. 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.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition #1, the final plat must comply with State statute
and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
1. Pursuant to Section 38.03.040.A.5(f), conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the applicant
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 applicant, extend its approval for a mutually agreed upon time. More than one
extension may be requested for a particular subdivision. Each request shall be considered
on its individual merits as provided for in Section 38.03.040.A.5(g), BMC.
2. Pursuant to Section 38.03.060.A.1, the applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application.
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4. Pursuant to Section 38.27.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and
of record with the Gallatin County Clerk and Recorder.
5. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A
noxious weed management and revegetation plan, approved by the County Weed Control
District, shall be submitted with the final plat.
6. When applicable, the final covenants, conditions, restrictions and easements shall be
submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, the provisions required in Section
38.38.020, BMC.
7. Pursuant to Section 38.39.010., if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the final plat is filed prior to the
installation of all 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.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
A subdivision pre-application was submitted on February 8, 2013. The pre-application was
reviewed by the DRC on March 13, 2013 and summary review comments were forwarded to the
applicant in preparation of the preliminary plat application and granted numerous supplemental
information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on June 24, 2013 and deemed acceptable
for initial review on July 3, 2013. The preliminary plat was reviewed by the DRC on July 17, 24,
and 31, 2013. On July 24, 2013 the DRC, WRB, and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision. On July 24, 2013 the Wetlands Review Board met and considered the Applicant’s
request for a variance from wetlands setback requirements. Both the WRB and the DRC
provided favorable recommendation was forwarded for consideration by the City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
11, 2013. The site was posted with a public notice on August 8, 2013. Public notice was sent to
adjacent property owners via certified mail, and to all other property owners of record within 200
feet of the subject property via first class mail, on August 8, 2013. One comment letter was
received by the Community Development Department on August 12, 2013. The comment letter
is attached to this report in Appendix G.
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On August 15, 2013 this minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission. The City Commission is scheduled to make a final decision at their August 26,
2013 public hearing. The final decision for a First Minor Subdivision from a Tract of Record
Preliminary Plat must be made within 35 working days of the date it was deemed complete or in
this case by September 18, 2013.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC, WRB, and the Department of Community Development all
applicable regulations appear to be met. Pertinent code provisions and site specific requirements
are included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to the Panache Court with lot frontage meeting minimum
standard shown on the preliminary plat. In addition, as stated in Appendix A, No.6 a one foot no
access strip shall be placed along the southern boundary of any lots that abut Kagy Avenue to
prohibit direct access to this arterial roadway pursuant to Section 38.24.090, BMC.
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Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
Primary subdivision review criteria are not required for first minors from a tract of record
therefore, are not included in this report.
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Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on March 15, 2013. With
the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of this property. The DRC granted the
requested waivers with the exemption of: 38.41.060.A.3 – Groundwater; 38.41.060.A.4. –
Geology/Soils/Slopes; 38.41.060.A.5 – Vegetation; 38.41.060.A.6 – Wildlife and
38.41.060.A.18 – Lighting Plan
38.41.060.A.1 Surface Water
. Staff offers the following summary comments on the
supplemental information required with Article 38.41, BMC.
Bozeman Creek runs through the southwest section of the property along the west side of
proposed Lot 1 as shown on the preliminary plat and shown on the Wetlands Map on page 4 of
this report. As required by Section 38.23.100.A.2, BMC a 75-foot stream setback is provided
from the east edge of the creek, with no building activities shall occur within this setback.
Connected and unconnected wetlands are present on and adjacent to the site. A Wetlands
Delineation report was conducted by Lynn Bacon of PBS&J in 2006. Wetlands delineation
verification was performed on April 5, 2013 by Ms. Bacon now of TerraQuatic which
established that no changes to the 2006 delineation were observed. Based on site specific
consideration the Applicant requested a variance from the required connected and unconnected
wetland setback requirements.
Wetlands Review Board Summary
The Wetlands Review Board (WRB) is established to review wetland related submittal materials,
prepare functional assessments of regulated wetlands that may be impacted by proposed
regulated activities, evaluate the impacts proposed regulated activities may have on delineated
wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations
regarding such proposals review authority established by 38.34.010, BMC, subject to the
provisions of chapter 38. The WRB shall act as an advisory body to the review authority.
Pursuant to Section 2.05.2910, BMC, the WRB shall consist of six members. Currently there are
three (3) WRB members appointed to the Board. Therefore, a quorum is not possible. The
Board provides the following summary of their discussion and conclusion for the City
Commission to consider in this matter.
On July 24, 2013 the WRB considered the Kagy Garden subdivision and variance request. The
WRB’s Analysis and summary of their meeting is attached to this report as Appendix G. In
summary, the WRB forwarded a recommendation to the City Commission to approve the
variance request as modified with the conditions of approval found under Section 2,
Recommended Conditions of Approval.
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38.41.060.A.2 Floodplains
Portions of the proposed subdivision lie in the 100-year floodplain boundary for Bozeman Creek.
As shown on the face of the plat the buildable areas for each lot are above the floodplain
boundary. The calculated 100-year floodplain boundary is delineated across the subdivision as
depicted on the preliminary plat. In addition, the City Engineering Department has suggested
Conditions of Approval under Section 2 of this report requiring that a note shall be added to the
plat requiring residential structures to be constructed at least two feet above the base flood
elevation, including basements, for proposed residences located within any special flood hazard
area depicted on the current effective Flood Insurance Rate Map (FIRM).
38.41.060.A.3 Groundwater
Two test pits were excavated on the buildable area of the proposed subdivision. Data gleaned from the test pits indicate ground water depths should be 10.0 feet or deeper for the majority of the buildable area for the five lots. A Foundations Report is included in the Applicant Submittal
in Appendix H. The City Engineering Department provided recommended Conditions of
Approval to mitigate potential hazards of constructing homes in this area which are listed under
Section 2: Recommended Conditions of Approval. 38.41.060.A.4 Geology, Soils and Slopes
The Applicant provided the required supplementary information and analysis and is contained in
Appendix D of the Applicant Submittal. The buildable area is relatively flat minimizing
geologic hazards. There are however, steep slopes beyond the building pad area sloping into the
wetlands and floodplains on the subject property. The required setbacks mitigate hazards
associated with the property.
The Applicant provided a Foundations Report and information about the soils with the submittal.
The investigation found two variable soil layers, an upper layer of sandier soil and a lower layer
of siltier material. The upper layer may have been caused by infill material placed on top of
existing vegetation without stripping the topsoil. According to the NRCS Soils Survey the
dominant soil is classified as 407A – Sudworth-Nesda. These soils are classified as very
gravelly sands and silts. The building site was backfilled and may have altered the original soils
on the property.
As noted above, Wetlands are present on and adjacent to the subject property. A Wetlands
Delineation was performed and verified. The report was included with the Applicant Submittal
and attached as Appendix G. No cuts or fills of three feet or greater are proposed with this
subdivision.
38.41.060.A.5 Vegetation
The buildable area on the fill pad is vegetated. The only identified critical plant communities are
associated with the wetland vegetation which has been addressed above and mitigated with the
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proposed wetland setback. Noxious weeds are present and being controlled by the required
Noxious Weed Management Plan. In addition, there is ongoing performance measure required
with the Weed Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
The Applicant stated there are no known endangered species or critical game ranges on site. The
Bozeman Creek drainage and associated habitat provides a corridor for animal movement
although the buildable area is above and set apart from the habitat. In addition, the 75 foot water
course setback in conjunction with the wetland setbacks provides protection from the more
productive habitat area. Finally, the Montanan Department of Fish Wildlife and Parks has
reviewed the preliminary plat and had no comment on the proposal.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a previously developed urban area.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a previously developed urban area.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. This is a previously developed urban area.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. An 8-inch water main will connect to the existing 14-inch main on the south side
of Kagy Boulevard and dead end at the northern end of the Cul-de-sac. The City Engineering
Department has reviewed the plans.
Sanitary sewer service will be provided by the City of Bozeman. An 8-inch PVC sanitary sewer
main will connect to the existing 8-inch main below Kagy Boulevard. The City Engineering
Department has reviewed the plans.
38.41.060.A.11 Stormwater Management
Supplemental information waived by the DRC. This is in a developed urban area with on site storm water control.
38.41.060.A.12 Streets, Roads and Alleys
A new cul-de-sac is being proposed that will use an existing access point to Kagy Boulevard.
The cul-de-sac will be constructed to local street standards and will include a 5-foot wide
sidewalk and a 7-foot wide boulevard. Road maintenance for all streets will be provided by the
City of Bozeman after improvements have been accepted by the City. Stormwater runoff will be
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controlled on site by a retention facility constructed at the southwest corner of the property as
shown on the preliminary plat.
Pursuant to Section 38.24.A.9, BMC, Cul-de-sacs are generally prohibited. The review authority
may consider and approve the installation of a cul-de-sac only when necessary due to
topography, the presence of critical lands, access control, adjacency to parks or open space, or
similar site constraints. Numerous site constraints are present with this subdivision including
topography, wetlands and Bozeman Creek, and the limited connectivity to the existing street
network.
38.41.060.A.13 Utilities
Service providers have been planned to service the subdivision. Service providers indicated they
will be able to serve the additional demand. All utilities will be required to coordinate their
installation and location with the installation of the infrastructure.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. Three additional residential lots are being
created.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The five proposed lots comply with the existing zoning designation of R-1.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. A first minor subdivision is exempt from
providing parkland pursuant to Section 38.27.020.B, BMC.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. A neighborhood center is not required for a
minor subdivision.
38.41.060.A.18 Lighting Plan
No additional lighting is proposed for this subdivision. An existing light pole is located on the
north side of Kagy Boulevard approximately 100 feet east of the street approach just south of the
proposed Lot 5. A second, light pole is located on the south side of Kagy approximately 90 feet
from the proposed approach.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
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38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. Workforce housing does not apply for
subdivisions creating less than 10 residential parcels. In addition, the Workforce Housing
Ordinance (Ordinance 1710) had been suspended by the City Commission.
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Zoning Variance Review Criteria, Section 38.35.060, BMC
Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter.
The criteria for granting zoning variances under Section 38.35.060 apply. In acting on an
application for a variance, the review authority shall designate such lawful conditions as will
secure substantial protection for the public health, safety and general welfare, and shall issue
written decisions setting forth factual evidence that the variance meets the standards of MCA 76-
2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
The Applicant provided supporting evidence and documentation in granting the required
variance in a letter dated June 19, 2013 and is included in the Applicant Submittal under
Appendix C.
Based on the underlying zoning classification (R-1), review by the DRC and WRB, and
utilization of municipal services granting the wetlands setback variance will not be contrary
to the public interest. The Bozeman Community Plan identify this area for residential
development and the property was zoned R-1 (Residential Single Household Low Density).
The DRC and WRB considered the Applicants’ variance request and both are forwarding
recommendation to approve the request. However, based on analysis of the WRB the
setback was increased approximately 10-feet to further mitigate potential impacts of the
wetlands. Employing Best Management Practice during construction activities and identify
the setback area on the face of the plat ameliorated any remaining concerns that the proposed
subdivision will cause adverse impacts on the wetlands.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning
of this chapter; and
The Applicant provided supporting evidence and documentation in granting the required
variance in a letter dated June 19, 2013 and is included in the Applicant Submittal under
Appendix C.
The subject property was altered by Montana Department of Transportation during the
construction of Kagy Boulevard. Cut and fill were moved and deposited in the area creating
the steep slopes between the wetlands and the building area of the subdivision creating the
unique topography.
Analysis provided in the Applicant Submittal, Appendix B, show the comparison of
buildable area with and without the standard and proposed setback areas. As suggested by
the WRB and agree to by the Applicant the agreed to setback of 10-feet from the top of the
bank will decrease the buildable area of each lot.
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3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
The Applicant provided supporting evidence and documentation in granting the required
variance in a letter dated June 19, 2013 and is included in the Applicant Submittal under
Appendix C.
The mitigation provided and agreed to by the Subdivider insures a quality environmental
while allowing both the Applicant and the City of Bozeman to develop according to the
Bozeman Plan and the zoning classification. The proximity of the development to the CBD
will not overburden the transportation network and the additional density will help offset the
costs of current and future infrastructure. Therefore, substantial justice is achieved by
granting the requested variance.
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of article 31 of this chapter:
The Applicant provided supporting evidence and documentation in granting the required
variance in a letter dated June 19, 2013 and included in the Applicant Submittal Appendix C.
There are no flood hazard provisions being requested. All construction is required to occur at
least 2-feet above the base food elevation. In addition no construction or disturbance is being
proposed within the 75-foot stream setback area.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other process
step.
1. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a
subdivision identification sign or other permanent sign.
2. Section 38.39.030 requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvements including, but not limited to landscaping, ADA accessibility
requirements, private infrastructure, or other requirement elements were installed in
accordance with the approved site plan, plans and specifications. For your information. This
will be required prior to occupancy following construction.
3. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 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 BMC or State law.
4. 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.
5. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
6. Section 38.26.070 “Landscaping of Public Lands” – Installation by the developer of
vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way
boulevard strips along all external perimeter development streets or other open space areas is
required with the final plat application.
7. All construction activities shall comply with section 38.39.020.A.2 of the Unified
Development Code. 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
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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.
Engineering Comments:
8. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runoff from the public streets and all lots must be
provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to
transport runoff to the stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin site, drainage ways and finished
lot grades), typical stormwater detention/retention basin and discharge structure details, basin
sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance of the open space. Stormwater ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located on easements within privately owned
lots.
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.
9. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted.
No building permits will be issued prior to substantial completion and City
acceptance of the required infrastructure improvements unless all of the
requirements of section 38.39.030.D Unified Development Code are met to
allow for concurrent construction.
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10. 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.
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 plat and in the covenants for the subdivision.
11. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
12. A Stormwater Management Permit (SMP) must be submitted and approved by the City
Engineer prior to construction of public infrastructure improvements. The SMP requires
submittal of an application form, a stormwater management plan, and payment of fees in
compliance with the city’s stormwater management ordinance #1763. The SMP is
independent of any other stormwater permitting required from the state of Montana and does
not fulfill the requirement to obtain a general permit for stormwater discharges associated
with construction activity if required under state rules.
13. Water mains longer than 500’ in length shall be looped.
14. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made.
15. Water and sewer mains and services shall maintain a minimum horizontal separation of 10’
from landscape trees and lot lighting improvements.
16. 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.
17. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, etc.) shall be obtained prior to construction.
18. 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.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-1 (Residential Single-Household Low Density District). The
intent of the R-1 District is to “ provide for primarily single-household residential development
and related uses within the city at urban densities, and to provide for such community facilities
and services as will serve the area's residents while respecting the residential character and
quality of the area.”
Adopted Growth Policy Designation:
The property is designated as “Suburban Residential” in the Bozeman Community Plan. The
Plan indicates that “This category indicates locations generally outside of City limits, but within
the planning area, where a land development pattern has already been set by rural subdivisions.
Subdivisions in this area are generally characterized by lots two acres in size or less. It is
probable that portions of this area may be proposed for annexation within the next twenty years.
The area is able to be served with municipal water and sewer services with appropriate
extensions of main lines. Any further development within this area should be clustered to
preserve functional open space. Individual septic and well services are discouraged. If
development is proposed within reasonable access distances to waste water and water services,
annexation to the City should be completed prior to development.”
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The proposal includes the subdivision of two (2) existing tracts of land on Kagy Boulevard west
of Sourdough Road into five (5) single household residential lots. As stated in Appendix E of
the Applicant Submittal states that accessory dwellings units will be permitted. Any accessory
dwellings units constructed are required to meet all minimum city standards.
The existing tracts of land were created by surveys filed in 1960 and 1964 and total 2.7172-acres.
Water and sewer will connect to city services. All stormwater runoff will be managed on site in
retention ponds.
Project Background
As stated above the parent tracts were created in 1960 and 1964 respectively. Originally the
property was cultivated. Subsequently, Montana Department of Transportation improved Kagy
Boulevard and the material that was removed to decrease the grade on Kagy Boulevard was
deposited on the subject property and created the buildable area shown on the plat.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on February 8, 2013. The pre-application was
reviewed by the D.R.C. on March 13, 2013 and summary review comments were forwarded to
the applicant in preparation of the preliminary plat application and granted numerous
supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on June 24, 2013 and deemed acceptable
for initial review on July 3, 2013. The preliminary plat was reviewed by the DRC on July 17, 24,
and 31, 2013. On July 24, 2013 the DRC, WRB, and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision. On July 24, 2013 the Wetlands Review Board met and considered the Applicant’s
request for a variance from wetlands setback requirements. Both the W.R.B. and the D.R.C.
provided favorable recommendation was forwarded for consideration by the City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
11, 2013. The site was posted with a public notice on August 8, 2013. Public notice was sent to
adjacent property owners via certified mail, and to all other property owners of record within 200
feet of the subject property via first class mail, on August 8, 2013. One comment letter was
received by the Community Development Department on August 12, 2013. The comment letter
is attached to this report in Appendix G.
On August 15, 2013 this minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission. The City Commission is scheduled to make a final decision at their August 26,
2013 public hearing. The final decision for a First Minor Subdivision from a Tract of Record
Preliminary Plat must be made within 35 working days of the date it was deemed complete or in
this case by September 18, 2013.
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APPENDIX E –REQUESTED VARIANCES OR DEVIATIONS
A zoning variance has been requested. All other design requirements of the BMC have been
met. A description is included in the Plat Supplements section of the application and analysis is
provided in this Staff report.
1) Section 38.23.100.A.2c.4.d, BMC - Watercourse Setbacks – This variance is addressed under
Section 5 of this report.
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APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Mahar Montana Home, 1627 W. Main Street, #370, Bozeman MT 59718
Representative: C&H Engineering and Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Tom Rogers, AICP, Department of Community Development
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APPENDIX G – PUBLIC COMMENT AND ADDITIONAL INFORMATION
Comment List:
Wetlands Review Board Meeting Summary
Gallatin Valley Land Trust
Public Comment
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Development Review Division Policy and Planning Division Building Division
CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building 20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260 fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
TO: Development Review Committee
FROM: City of Bozeman Wetlands Review Board
SUBJECT:
Meeting Summary & Recommendation on Kagy Garden Minor Subdivision Application with Wetland Setback Variance Request, Application #P-13020 DATE: July 24, 2013
WRB Members Present: Brian Sandefur Cyndi Crayton
Rex McLachlin
Applicant(s) & Representatives: Jerry Smania, Panache Properties, LLC David Sovulewski, Panache Properties, LLC Matt Hausauer, C&H Engineering and Surveying Inc.
Other(s): Lynn Bacon, TerraQuatic, LLC
Meeting Date: Wednesday, July 24, 2013 at 3:00PM
Meeting Summary
The Bozeman City Wetlands Review Board (WRB) met on Wednesday, July 24, 2013 to consider the Kagy Garden Minor Subdivision Preliminary Plat application by Panache Properties, LLC to allow the subdivision of 2.71-acres into 5 residential lots with a variance from wetland setback requirements as
required by 38.23.100.A, BMC.
Pursuant to Section 2.05.2910, BMC, the WRB shall consist of six members. Currently there are three (3) WRB members appointed to the Board. Therefore, a quorum is not possible. The Board provides the following summary of their discussion and conclusion for the City Commission to consider in this
matter.
Based on the information provided by the applicant, comments received from the Matt Hausauser, C&H Engineering, and Lynn Bacon TerrQuatics, LLC the WRB assessed the condition of the wetlands and the existing conditions on the subject property. The WRB considered the slope, existing vegetation,
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surrounding typography, proximity to hydrologic features and the intent of the Regulations and location
of the development in their discussion.
Numerous suggestions to maintain wetland and watercourse health were presented and discussed. The WRB, with feedback from the Applicant, determined the most effective means to protect the integrity of
the wetlands and water quality and create functional development areas for the subdivision made the
following suggestions:
1. Subdivider to provide a 10 foot setback from the top of the bank of Lots 2-5 and extend to where the 10 foot setback intersects with elevation 4910 on Lot 1; at the point of intersection the
required 75 foot watercourse setback applies for the remainder of Lot 1. Applicant will modify
the Preliminary Plat to accurately show the setback on the face of the Plat. In addition, the
location of setback on Lot 1 will be marked in a manner to insure no construction disturbance
will occur in the recommended setback area. The suggested setback effectively creates a 30-foot setback from the edge of the delineated wetland, with the exception of Lot 1 where the 75-foot
75 foot watercourse setback applies, generally.
2. To protect the integrity of the banks of the slope require the Subdivider to construct a wildlife
friendly barrier or fence to mitigate potential disturbance of the slope by residents of the development. Strict construction Best Management Practice (BMP’s) to be in place and
enforced.
3. Require lot owners to construct a “bubble box” to provide water recharge and accommodate
surface water runoff caused by the construction of impermeable surfaces on each Lot to be constructed by the Lot owner. The subsurface storm water management system replaces the
proposed individual water retention ponds proposed by the Applicant.
4. With the no vegetation disturbance within the 10 foot setback area there will be minimal impacts
to slope or vegetation on the slope.
Conclusion
Based on the aforementioned suggested conditions of approval the WRB found that the Applicant
mitigated potential negative impacts caused by the subdivision and recommends the City Commission grant the Applicants variance request for setback requirements from jurisdictional and non-jurisdictional
wetlands.
Cc Panache Properties, LLC, 4125 Penwell Bridge Road, Belgrade, MT 59714 Mr. Matt Hausauer, E.I., C&H Engineering and Surveying Inc. 1091 Stoneridge Drive Bozeman, MT 59718
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TABLE OF CONTENTS
A. Development Review Application and Checklist
B. Introduction
C. Preliminary Plat Supplements Required for All Subdivisions
1. Adjoining Property Owners List and Certification
2. USGS Vicinity Map
3. 8.5” x 11” Reduced Map
4. Watercourse Setback Variance Request and Exhibit
5. Preliminary Platting Certificate
6. Copy of Noxious Weed Management and Revegetation Plan
7. Copy of Subdivision Covenants
D. Additional Subdivision Preliminary Plat Supplements
E. Accessory Dwelling Units Statement of Intent
F. Stormwater Calculations
G. Wetland Delineation
H. Foundations Report
I. Agency/Utility Company Correspondence
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Introduction
This proposal includes the subdivision of two (2) existing tracts of land on Kagy Boulevard just
west of Sourdough Road into five (5) single family residential lots. The property is situated in
tracks 48 and 49, southeast quarter of Section 18, Township 2 South, Range 6 East of P.M.M., City
of Bozeman, Gallatin County, Montana.
The two existing tracts of land were created by surveys filed in Book 134, Page 415 (1960), and
Book 146, Page 198 (1964). The tracts contain 2.7172 acres of land located near the northwest
intersection of Kagy Boulevard and Sourdough Road. The property has a zoning designation of
R-1 (Residential Low Density).
Water and sewer mains are proposed to connect to the existing mains running along Kagy
Boulevard. All stormwater runoff will be managed on site in retention ponds. Utility service
companies have indicated that their services will be able to be provided to the proposed lots. A
watercourse setback variance is requested with this proposal as detailed in Appendix C.
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ARTICLES OF INCORPORATION
OF
KAGY GARDENS HOMEOWNERS ASSOCIATION, INC.
a Montana nonprofit, mutual-benefit corporation
THOMAS CLARK, for the purpose of forming a mutual benefit
corporation under the Montana Nonprofit Corporation Act, does
hereby adopt the following Articles of Incorporation.
ARTICLE ONE
The name of the corporation is: KAGY GARDENS HOMEOWNERS
ASSOCIATION, INC.
ARTICLE TWO
The corporation is a nonprofit, mutual benefit corporation.
ARTICLE THREE
The corporation has the following purposes:
(1) To manage the Kagy Gardens Subdivision, located in the SE¼
of Section 18, Township 2 South, Range 6 East, P.M.M, City of
Bozeman, Gallatin County, Montana which is, or shall be, subject to
the terms of the Declaration of Protective Covenants and
Restrictions for the Kagy Gardens Subdivision and Bylaws of the
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Kagy Gardens Homeowners Association, Inc. ("the Declaration and
Bylaws") recorded or to be recorded in the office of the Clerk and
Recorder of Gallatin County, Montana;
(2) To provide for the improvement, maintenance, and
preservation of the common areas and roadways within the Kagy
Gardens Subdivision subject to the terms and conditions of the
Declaration and Bylaws, as may be amended;
(3) To promote the convenience, enjoyment, health, safety,
and welfare of the owners of real property located within the Kagy
Gardens Subdivision subject to the terms and conditions of the
Declaration and Bylaws, as may be amended;
(4) To enforce the covenants, restrictions, rules,
regulations, guidelines and requirements set forth in the
Declaration and Bylaws, as may be amended, and any subsequently
enacted covenants, restrictions, rules, regulations, guidelines and
requirements;
(5) To fix, levy, assess, collect, and enforce payment of all
fees, charges, expenses, and costs assessed in accordance with the
Declaration and Bylaws; to pay all costs and expenses incurred in
the administration of the Kagy Gardens Homeowners Association,
Inc.’s affairs; and to pay all licenses, taxes or other
governmental charges levied, assessed or imposed against any real
property owned by the Kagy Gardens Homeowners Association, Inc.;
(6) To exercise all of the rights, powers, privileges and to
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perform all of the duties and obligations of Kagy Gardens
Homeowners Association, Inc. as set forth in the Declaration and
Bylaws; and
(7) To exercise any and all rights, powers, and privileges
otherwise available to a nonprofit corporation incorporated under
the Montana Nonprofit Corporation Act.
ARTICLE FOUR
The address of the corporation's initial registered office is
1174 Stoneridge Drive, Bozeman, Montana 59718. The name of the
corporation's initial registered agent at such address is THOMAS
CLARK.
ARTICLE FIVE
The name and address of the incorporator is: THOMAS CLARK of
1174 Stoneridge Drive, Bozeman, Montana 59718.
ARTICLE SIX
The corporation will have members. Every owner of a Lot within
the Kagy Gardens Subdivision as defined in the Declaration and
Bylaws shall be a Member of the corporation.
ARTICLE SEVEN
Upon dissolution or other termination of the corporation, the
assets of the corporation shall be distributed, subject to the
discharge of valid obligations of the corporation, to an
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unincorporated organization or association composed of the owners
of Lots within the Kagy Gardens Subdivision.
These Articles of Incorporation have been executed on the
_____ day of ___________, 2013.
INCORPORATOR:
_______________________________
Thomas Clark
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Subdivision Preliminary Plat Application Accessory Dwelling Units
Statement of Intent
#12807 – KAGY GARDENS
Section 38.22.030
Accessory Dwelling Units Statement of Intent
It is the owner’s intent to allow Accessory Dwelling Units on the five proposed lots. The lots and
utility designs will accommodate the additional demand of Accessory Dwelling Units. All
conditions outlined in Section 33.22.030 will be met and will continue to be met during the life
of the units (if constructed).
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