HomeMy WebLinkAbout14 Homes at Bridger Peaks
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: A preliminary plat to subdivide approximately 1.9 acres into 10 lots for property located at the northeast corner of West Babcock Street and Meagher Avenue across from the Hyalite Elementary School, Application
P13026, Homes at Bridger Peaks Estates Major Subdivision.
MEETING DATE: October 7, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: The City Commission conditionally approve the preliminary plat application for the Homes at Bridger Peaks Estates Major Subdivision application P13026 with
the conditions listed in Planning Board Resolution P13026.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P13026 and move to approve the preliminary plat for the Homes at Bridger Peaks Estates Major Subdivision requested in application P13026 to subdivide approximately 1.9 acres into 10 lots subject to the conditions listed in Planning Board
Resolution P13026.
BACKGROUND: Property owner Ken and Jane Walker and applicant KJS Group, LLC/Scott Walker have submitted a Major Subdivision Preliminary Plat application to subdivide two existing platted lots containing 1.9 acres into 10 lots and one open space parcel (for subdivision
stormwater management) to enable future single household residential development. The subject
property was originally platted as part of the Bridger Peaks Estate Subdivision, Phase 3, in 1992
for potential townhome construction and has been vacant since then.
The Development Review Committee (DRC) provided a recommendation of conditional approval of the application on September 4, 2013. The Planning Board held a public hearing and
reviewed the proposal on September 17, 2013 and voted 6-0 to recommend conditional approval
of the preliminary plat application as noted in the resolution and minutes from that meeting. Five
members of the general public spoke at the Planning Board public hearing with concerns regarding the density of the proposed subdivision, water from the irrigation ditch, traffic impacts to Meagher Avenue, parking, the future value of homes and the design and soils for the
stormwater retention facility. One public comment letter has been received regarding concerns
with the design of the proposed retention area immediately west of her property.
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The Planning Board discussed these issues and determined that the project as amended through
recommended conditions of approval, code requirements and the applicant’s engineering
adequately address these concerns.
A full and complete digital version of the preliminary plat application is available upon request at the Department of Community Development. Staff’s full analysis of the review criteria for
this major subdivision is included in the attached staff report.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the recommended staff conditions; 2. Approve the application with modifications to the recommended
staff 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 has been identified.
Attachments: Staff Report; Planning Board Resolution P13026; 9-17-13 Planning Board Minutes, Public Comment, Applicant’s submittal materials.
The full application and file of record can be viewed at the Community Development Department at 20 E.
Olive Street.
Report compiled on: September 26, 2013
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P13026, Staff Report for the HOMES AT BRIDGER PEAKS ESTATES
MAJOR SUBDIVISION
Date: Planning Board meeting was held on September 17, 2013
City Commission meeting is on October 7, 2013
Item: The Homes at Bridger Peaks Estates Major Subdivision is for the subdivision of
approximately 1.9 acres into 10 lots for single household development.
Project Location: The project is located on the northeast corner of W. Babcock Street and
Meagher Avenue across from the Hyalite Elementary School. It is legally described as
Lots 3 & 8, Block 13A of Bridger Peaks Estates Subdivision, Phase 3, located in the NE
¼ of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed the application materials, considered public
comment, and the staff analysis, I hereby adopt the findings presented in the staff report for application P13026 and move to approve the preliminary plat for the
Homes at Bridger Peaks Major Subdivision subject to the conditions listed in
Planning Board Resolution P13026.
Report Date: Monday, September 30, 2013
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 4
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 6
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 7
SECTION 5 - STAFF ANALYSIS................................................................................................. 8
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 8
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 10
Preliminary Plat Supplements ........................................................................................... 12
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 15
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 21
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 22
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 23
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APPENDIX E –REQUESTED VARIANCES OR DEVIATIONS ............................................. 24
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF.................................. 25
APPENDIX G – ADDITONAL INFORMATION ...................................................................... 26
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SECTION 1 - MAP SERIES
Vicinity Map – 2012 Aerial Photo with Zoning
Surrounding Zoning and Land Uses:
North: (Across Broadwater Street) Residential; zoned R-1 - Residential Single Household Low
Density
South: (Across W. Babcock Street): Elementary School and Public Park; zoned R-3 –Residential
Medium Density
East: Residential; zoned R-3
West: (Across Meagher Avenue) Residential; zoned R-3
Subject Property
R-3
R-1
R-3
R-3
Hyalite Elementary
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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:
Community Development Department:
1. 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.
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 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.
4. The applicant shall satisfy the cash donation in-lieu of land dedication requirements of
Section 38.27.030, BMC with the final plat. The final plat shall contain a note or table showing the parkland requirements for the subdivision and that cash donation in-lieu of land dedication was utilized to satisfy these requirements.
The applicant shall provide said cash donation in-lieu of land dedication for an equivalent
of 0.30 acres of dedicated parkland with the subdivision. This amount is calculated based
on a requirement for 0.03 acres of parkland per dwelling unit x 10 dwelling units.
5. The final plat and property owner’s association (POA) documents may not include any reference to “dedicated” or “public” common open space; rather if the areas designated as
such on the preliminary plat are to be common open space owned by the POA, the POA
documents and final plat must specifically designate them as common open space owned
and maintained by the POA in a final plat notation. The common open space may or may
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not be public access. If public access is allowed in the common open space it shall be stated
in the plat note.
6. Language shall be included in the property owner’s association documents to alert future
property owners that the W. Babcock Street, Meagher Avenue and W. Broadwater Street frontages are all considered front yards for zoning setback purposes and future home
designs. This language shall also include a reference to a requirement for a sidewalk
connection from each home to an adjacent street as there will be no sidewalks within or
adjacent to the alley. Language shall also be included in the property owner’s documents
indicating that fences cannot exceed four feet in height in any of these required street front yards or any portion of a required corner side yard as required in Section 38.23.130.A.2
BMC.
7. The plat shall be amended in order that the small areas of property on the outside radiuses
of the alley adjacent to Lots 3 and 4 and Lots 9 and 10 shall be included with the adjacent
lots to avoid future ownership or maintenance confusion or conflicts for these small areas.
8. As noted on the original plat for this subdivision, a note shall be included on the final plat
or in the property owner’s association documents which states that “due to the relatively
high groundwater table within the subdivision, it is not recommended that residences with
full basements be constructed.”
Engineering Department:
9. The interior drive aisle shall be designated an alley. There shall be no public street signage or notes on the plat delineating it as a road or public/private street. A public access easement
shall be recorded with the plat allowing public access over the dedicated alley.
10. The improvements identified for the ditch located at the southwest corner of the property is beyond the jurisdiction of the City of Bozeman. Any alteration of the existing ditch or the easement to contain the ditch shall be approved by the governing ditch/irrigation company
and any other required permits shall be obtained prior to any alteration of the ditch.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. 38.23.080.D “Stormwater retention/detention facilities” – Stormwater retention or detention ponds must be constructed and contained on an individual lot as a common area and shall be maintained by the property owners association and noted accordingly in the protective
covenants. The “lot drainage site” must be relabeled on the final plat as common area and
must be maintained by the property owners association and the final property owner’s
association documents shall document this fact.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Homes at Bridger Peaks Estates Subdivision Preliminary Plat
File: P13026
Development Review Committee
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
August 21, 28 and September 4, 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. Therefore, the DRC recommends conditional approval
of the preliminary plat application.
Recreation and Parks Advisory Board
The Recreation and Parks Advisory Board, Subdivision Review Committee, reviewed the
proposed subdivision and the applicant’s request to utilize the provisions for cash-in-lieu (CIL)
of parkland to address the parkland requirements for the subdivision. The Committee
recommended that the City Commission approve the use of CIL for this project given the
proximity of the development to Hyalite School, the Bozeman Ponds and Valley Unit Park. The
Committee also indicated that the Parks Department prefers not to accept dedication of parcels
smaller than one acre, a position shared by the Committee. The Committee’s formal analysis and
recommendation is provided in Appendix G.
Planning Board
The Planning Board held a public hearing and reviewed the preliminary plat and voted 6-0 to
recommend approval of the preliminary plat subject to the conditions in this staff report and as
noted in Planning Board Resolution P13026 and the minutes from that meeting.
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SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The proposed subdivision meets minimum design standards for subdivision lots and access
pursuant to Section 38.23.030 BMC. The applicant must comply with all provisions of the
Bozeman Municipal Code, which are applicable to this project, prior to receiving final plat 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
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.
The advisory code citations (standards) of the UDC that are listed in Appendix A shall be
addressed with the final plat application.
3) Compliance with the local subdivision review procedures provided for 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 UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board shall
forward a recommendation in a Resolution to the City Commission who will make the final
decision on the applicant’s request.
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4) Compliance with Chapter 38, BMC and other relevant regulations
Based upon the review of the DRC, 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 item number 2 above and as required under Section 38.23.060.A BMC, 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 adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via the proposed alley to eliminate individual curb cuts
to perimeter streets.
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Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
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. The
DRC and other applicable review agencies have made comments in relation to those and other
criteria as described below, and have recommended conditions of approval as outlined at the
beginning of this staff report.
1) The effect on agriculture
The subject property is designated as “Residential” according to the City of Bozeman
Community Plan. The subject property is zoned for residential development and is not in
agricultural production. Therefore, this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There is an existing irrigation facility (ditch) and easement located on the southwest corner of the
subject property. The applicant is proposing to keep the alignment of the ditch as it currently
flows but will provide flood control and bank stabilization to protect the proposed development
and existing neighboring structures. Future structures will be constructed at a conservative
distance from the ditch. Currently the ditch flows beyond the boundaries of the ditch easement.
The applicant will correct the easement to property reflect the location of the ditch. As noted in
recommended condition 10, the improvements identified for the ditch are beyond the jurisdiction
of the City of Bozeman. Any alteration of the existing ditch or the easement to contain the ditch
shall be approved by the governing ditch/irrigation company and any other required permits shall
be obtained prior to any alteration of the ditch.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. The
applicant has provided the necessary water and sewer design report for review by the
Water/Sewer and Engineering Departments.
Final approval 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
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. The proposed subdivision is bound by W. Babcock Street (collector) to the south,
Meagher Avenue (local) to the west and Broadwater Street (local) to the north. All three roads
have been previously improved to the City’s street standards (including the installation of
sidewalks). The proposed subdivision improvements will include the installation of an internal
alley maintained by the property owners association. As noted in recommended condition 9,
there shall be no public street signage or notes on the plat delineating it as a road or
public/private street. A public access easement shall be recorded with the plat allowing public
access over the dedicated alley. At the suggestion of the Fire Department, the applicant has also
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incorporated no parking provisions into the proposed alley design. This includes painting the
curb red/no parking and providing signage as approved by the Fire Department. The applicant
has also included language in the property owner’s association documents prohibiting parking of
vehicles or storage of any materials within the alley in order to assure emergency service
provisions.
Staff has made the finding that no offsite street improvements are necessary for the subdivision.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the Engineering Department prior to
filing the final plat to facilitate emergency response to the site.
Stormwater – The applicant submitted a preliminary design report for stormwater management
for review by the Engineering Department. The standard requirement for a detailed review of the
final grading and drainage plan, and approval by the City Engineer, will be required as part of
the infrastructure plan and specification review process prior to final plat approval.
Parklands – As a challenging infill development project, the applicant and staff worked on a
number of different development proposals which initially tried to incorporate the required .30
acres of parkland into the site design. The small size of this property simply did not allow this
parkland to be accommodated on site and severely limited the development options for the
property. Therefore, it was suggested that the applicant propose to utilize the “cash donation in-
lieu of land dedication” provisions in the code in order to address the .30 acres of parkland
required with this project. The Parks and Recreation Advisory Board and the DRC fully support
this proposal due to the small infill nature of this project and its proximity to other existing park
facilities. Recommended condition 4 addresses the procedure to provide this cash-in-lieu of land
dedication as part of the final plat process.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the protective covenants and compliance with the recommended conditions of
approval.
5) The effect on Wildlife and wildlife habitat
There are no key wildlife species or known key wildlife habitats existing on the property.
6) The effect 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 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. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
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result, the DRC have reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 19, 2013. With
the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 BMC “Additional Subdivision Preliminary Plat Supplements” for several of
the standard preliminary plat supplements due to the nature of this property. Staff offers the
following summary comments on the supplemental information required with Article 38.41
BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. There are no natural watercourses on the subject
property. There is an unnamed irrigation facility located on the southwest corner of the property
which is being improved with bank stabilization and flood control measures.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. No mapped floodplains exist on the subject
property.
38.41.060.A.3 Groundwater
Through the soils reports and previous subdivision analysis, groundwater has already been
established as being high in this subdivision. Therefore, recommended Community Development
Department condition 8 states that as noted on the original plat for this subdivision, a note shall
be included on the final plat or in the property owner’s association documents which states that
“due to the relatively high groundwater table within the subdivision, it is not recommended that
residences with full basements be constructed.”
The Building Division will require a soil analysis to be provided with each application for a
building permit within the proposed subdivision.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geologic hazards associated with the site. The property is relatively flat
minimizing geologic hazards. The Building Division will require a soil analysis to be provided
with each application for a building permit within the proposed subdivision.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The cottonwood trees located on the southwest
corner of the site in/near the irrigation easement may need to be removed as part of that irrigation
facility bank stabilization. No other significant or critical vegetation exists on the subject
property.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developed urban area.
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38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. No historical features exist on the subject
property.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
As previous mentioned, there is an unnamed irrigation facility located on the southwest corner of
the property which is being improved with bank stabilization and flood control measures.
38.41.060.A.10 Water and Sewer
The applicant has provided the necessary water and sewer design report for review by the
Water/Sewer and Engineering Departments.
Final approval 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
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
38.41.060.A.11 Stormwater Management
A stormwater control facility for this subdivision has been incorporated into the east side of the
site to collect the stormwater collected by the proposed curb and gutter along the perimeter of
the alley. Final approval of the stormwater system will be obtained through the Engineering
Department.
38.41.060.A.12 Streets, Roads and Alleys
The proposed subdivision is bound by W. Babcock Street (collector) to the south, Meagher
Avenue (local) to the west and Broadwater Street (local) to the north. All three roads have been
previously improved to the City’s street standards (including the installation of sidewalks). The
proposed subdivision improvements will include the construction of an alley maintained by the
property owner’s association to provide vehicular access to the lots.
38.41.060.A.13 Utilities
The gas, electric, phone and fiber optic services will be extended into the subdivision from the
surrounding streets. The standard utility easements have been provided with the preliminary plat.
Cited code provisions also address required utility easements. All utilities will be required to
coordinate their installation and location with the installation of the infrastructure.
38.41.060.A.14 Educational Facilities
As noted in the Bozeman School District letter of August 7, 2013 contained in Appendix G, the
anticipated students from this project can be accommodated by the existing school and bus
system.
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38.41.060.A.15 Land Use
The 10 lot subdivision is planned for single household residences. The applicant has provided a
conceptual site plan to demonstrate building envelope and off street parking adequacy for the
type and size homes they anticipate. Due to all of the lots having frontage to existing perimeter streets, Department of Community Development recommended condition 6 requires that language be included in the property owner’s association documents to alert future property
owners that the W. Babcock Street, Meagher Avenue and W. Broadwater Street frontages are all
considered front yards for zoning setback purposes and future home designs. This language shall
also include a reference to a requirement for a sidewalk connection from each home to these adjacent streets, as there will be no sidewalks within or adjacent to the alley. Language shall also be included in the property owner’s documents indicating that fences cannot exceed four feet in
height in any of these required street front yards or any portion of a required corner side yard as
required in Section 38.23.130.A.2 BMC.
38.41.060.A.16 Parks and Recreation Facilities
The applicant proposes to utilize the “Cash donation in-lieu of land dedication” provisions in the
code in order to address the .30 acres of parkland required with this project. The Parks and
Recreation Advisory Board and the DRC support this proposal due to the small infill nature of
this project and its proximity to other existing park facilities.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. This subdivision is under 10 acres in size and a
neighborhood center is not required under the terms of the BMC.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. No subdivision or street lighting is proposed with
this subdivision.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. Access to public lands within 200 feet of the
subdivision are not proposed to be impacted and there are no health or hazards on site or adjacent
to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance (Ordinance
1710) had been suspended by the City Commission.
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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 plat application or other process
step.
Department of Community Development Code Provisions:
a. Pursuant to Section 38.03.040.A 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. As a single-phased
subdivision, conditional approval of the preliminary plat for the Homes at Bridger Peaks Estates
Major Subdivision shall in be force for two years. Prior to that expiration date, the developer
may submit a letter of request for the extension of the period to the Community Development
Director with each request considered on its individual merits and consideration of the criteria
provided in 38.03.040.A BMC. Documentation of initial approval period and extension
information.
b. Final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110 BMC. Final certificate language and property ownership
information verified at time of final platting.
c. 38.23.050 BMC “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. For the applicant’s information.
d. 38.23.060.B BMC “Private Utilities” – The final plat and property owners’ association
documents shall contain a note stating that if a utility easement is greater than the building
setback required by Chapter 38, BMC 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. For the applicant’s information. Required to coordinate needed easements with utility
providers.
e. 38.23.080.D BMC “Stormwater retention/detention facilities” – Stormwater retention or
detention ponds must be constructed and contained on an individual lot as a common area and
shall be maintained by the property owners association and noted accordingly in the protective
covenants. The “lot drainage site” must be relabeled on the final plat as common area and
must be maintained by the property owners association and the final property owner’s
association documents shall document this fact.
f. Section 38.23.080.H BMC “Stormwater retention/detention facilities” – Stormwater
retention/detention facilities in landscaped areas shall be designed as landscape amenities. They
shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent
of surface area covered with live vegetation appropriate for the depth and design of the
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retention/detention facility, and be lined with native grasses, indigenous plans, wet tolerant plant
types and groupings of boulders to create a functional, yet natural site feature. A cross section
and landscape detail of each facility shall be submitted with the final landscape plan for review
and approval. Facilities with a slope up to and including a ten percent grade may be grassed and
irrigated to blend into the adjacent landscaped area. For the applicant’s information as the
stormwater control feature must be designed as a landscape amenity according to this section.
g. 38.23.120 BMC - 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
plow any mail delivery area constructed within a City right-of-way. For the applicant’s
information as details for mail delivery were not provided with the preliminary plat
application.
h. 38.26.050.E BMC “Street Frontage” – The property owners’ 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 is required 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 above ground,
and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
For the applicant’s information. To detail the required street boulevard landscaping and
maintenance requirements.
i. 38.26.070 BMC “Landscaping of Public Lands” - Requires the subdivider to install
irrigation, turf grass and street trees on all external streets. Street trees may not be located within
10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping
plan and be approved by the Water/Sewer Superintendent. A landscape plan prepared by a
certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval,
whichever comes first. For the applicant’s information. To detail initial boulevard
improvements required at time of subdivision.
j. 38.38.020 and 38.38.030 BMC “Covenants” - Covenants, restrictions, and articles of
incorporation for the creation of a property owners’ association shall be submitted with the final
plat application for review and approval by the Department of Community Development. These
covenants shall contain, but not be limited to, the following items: 1) provisions for snow
removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees, 3) common area
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maintenance provisions including landscape details and maintenance provisions for boulevard
irrigation and trees, 4) noxious weed control, and 5) assessment of existing and future Special
Improvement Districts.
These documents shall be submitted to the City Attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for
review and approval by the Community Development Department at least 30 working days prior
to submitting a final plat application. These documents shall be executed and submitted with the
initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat
recordation. For the applicant’s information. To address common maintenance provisions for
the overall subdivision.
k. 38.39.030 BMC “Completion of Improvements” - If it is the developers 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. For the applicant’s information.
l. 38.39.030.B.2 BMC “Sidewalks” – The final plat and property owners’ 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.” For the applicant’s information.
Code requirement to assure sidewalk installation/connections are completed in a timely
fashion.
m. 38.41.050.A.8 BMC – 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 Community Development Department prior to final plat approval. For the
applicant’s information.
n. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all
irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts
shall include the exact locations and type of lines, including accurate depth, water source, heads,
electric valves, quick couplers, drains and control box. For the applicant’s information.
Required to detail irrigation location(s) to the City and other utility providers.
o. That the applicant obtains 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.
For the applicant’s information. State subdivision statute requirements.
p. 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
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Improvements Agreement is necessary with the final plat. For the applicant’s information. To
assure final subdivision cleanup.
q. The developer shall make arrangements with the Engineering Department to provide
addresses for all individual lots in the subdivision prior to filing of the final plat. For the
applicant’s information. Addresses timing of address assignment and coordination.
Engineering Department Code Provisions:
r. Section 38.41.080.2.g.9 BMC requires A Stormwater Master Plan for the subdivision for a
system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the
private and public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate
and provide easements for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
s. 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.
t. Section 38.23.070 BMC specifies that the Developer's engineer will be required to prepare a
comprehensive design report evaluating existing capacity of water and sewer utilities which must
be provided to and approved by the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings must
demonstrate adequate capacity to serve the full development. The report must also identify the
proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
improvements required for full development. The Developer will be responsible to complete the
necessary system improvements to serve the full development.
All water mains over 500 feet in length must be looped.
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u. All residential lots shall pay cash-in-lieu of water of rights will be prior to final plat. The
developer may also provide a transfer of the equivalent required water rights. Any water right
proposed to be transferred to city ownership should be submitted for review as early as possible
so the value can be determined without hindering the final plat process. The necessary water
rights or cash-in-lieu for all residential lots must be provided prior to the filing of the final plat.
v. Section 38.41.080.g.7 BMC requires the location of and distinction between existing and
proposed sewer and water mains and all easements shall be clearly and accurately depicted on
the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
w. Section 38.23.060.c BMC specifies any easements needed for the water and sewer main
extensions shall be a minimum of 30 feet in width. All necessary easements shall be provided
prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains
are not located under or accessed from improved streets, a 12 foot wide all weather access drive
shall be constructed above the utilities to provide necessary access.
x. Section 32.23.070 BMC specifies plans and Specifications for water and sewer main
extensions, prepared and signed by a Professional Engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The applicant shall also
provide Professional Engineering services for Construction Inspection, Post-Construction
Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been approved and
a preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless concurrent construction is granted.
y. City of Bozeman Design Standards and Specifications Policy specify within the Water
Distribution Lines Design Criteria (page 44) that the minimum diameter for any new main is 8-
inch, unless specific approval in writing is obtained from the City of Bozeman for smaller
diameters.
z. City standard curb, gutter and sidewalk shall be provided along all public streets surrounding
the subdivision. Per Section 38.24.080 BMC sidewalks will be installed prior to occupancy of
any individual lots.
aa. The location of mailboxes shall be coordinated with the Engineering Department prior to
their installation.
bb. Section 38.41.020 BMC outlines additional permits that may be required beyond what is
administered by the City of Bozeman. The Montana Department of Fish, Wildlife and Parks,
SCS, Montana Department of Environmental Quality, and Army Corps of Engineer’s shall be
contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to plan and specification approval.
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cc. 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 38.39.020.A.1 BMC. This
shall be submitted as part of the final site plan for site developments, or with infrastructure plans
for subdivisions. It shall be the responsibility of the applicant to ensure that the construction
traffic follows the approved routes.
dd. All construction activities shall comply with section 38.39.020.A.2 BMC. 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-3” (Residential Medium Density District). The intent of the
R-3 residential medium density 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.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings
per net acre. A minimum is required to support efficiency in use of land and provision of
municipal services, and to advance the purposes and goals of this chapter and the adopted growth
policy. The calculated density for this project is approximately 7 units per net acre.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “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. All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses and steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy.
.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A preliminary plat to subdivide approximately 1.9 acres into 10 lots and one open space parcel
(for subdivision stormwater management) to enable future single household development for
property located at the northeast corner of West Babcock Street and Meagher Avenue across
from the Hyalite Elementary School.
Project Background
The subject property was originally platted as part of the Bridger Peaks Estates Subdivision,
Phase 3, in 1992 for potential townhome construction and has been vacant since then.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on May 30, 2013. The pre-application was
reviewed by the DRC on June 12 and 19, 2013 and summary review comments were forwarded
to the applicant in preparation of the preliminary plat application and granted numerous
supplemental information waivers under section 38.41.060 BMC.
A complete preliminary plat application was submitted on August 7, 2013 and deemed
acceptable for initial review on August 7, 2013. The preliminary plat was reviewed by the DRC
on August 21, 28, and September 4, 2013 and the DRC provided a favorable recommendation on
the application to the Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 1, 2013. The site was posted with a public notice on August 29, 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 29, 2013.
On September 12, 2013, this major subdivision staff report was drafted and forwarded to the
Planning Board with a recommendation of conditional approval. The Planning Board held a
public hearing and reviewed the preliminary plat and voted 6-0 to recommend approval of the
preliminary plat subject to the conditions in this staff report and as noted in Planning Board
Resolution P13026 and the minutes from that meeting.
One public comment letter has been received from the resident of 53 Sheridan Place regarding
concerns with the design of the retention area proposed immediately west of her property.
Five members of the general public provided oral testimony at the Planning Board public hearing
regarding the density of the proposed subdivision, water from the irrigation ditch, traffic
impacting Meagher Avenue, concerns regarding parking, the future value of homes and the
design and soils for the stormwater retention facility.
The City Commission is scheduled to review the preliminary plat and make a decision at their
October 7, 2013 public hearing. The final decision for a Major Subdivision must be made within
80 working days of the date it was deemed adequate or in this case by October 30, 2013.
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APPENDIX E –REQUESTED VARIANCES OR DEVIATIONS
None.
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APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF
Owner: Ken and Jane Walker, 270 Floss Flats Road, Suite A, Belgrade, MT 59714
Applicant: KJS Group, LLC/Scott Walker, 270 Floss Flats Road, Suite A, Belgrade, MT
59714
Representative: Legends Studio/Kira Ogle, 3805 Valley Commons Drive, Suite 11, Bozeman,
MT 59718
Report By: Doug Riley, Associate Planner
Dustin Johnson, Development Review Engineer
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APPENDIX G – ADDITIONAL INFORMATION
Comment List:
- Recreation and Parks Advisory Board, Subdivision Review Committee: Analysis and
recommendation regarding the use of cash-in-lieu of parkland.
- Bozeman Public Schools: Analysis of potential impact on school and bus system.
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RESOLUTION P13026
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE
APPROXMATELY 1.9 ACRES INTO 10 LOTS FOR THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF W. BABCOCK STREET AND MEAGHER AVENUE, WHICH IS LEGALLY DESCRIBED AS LOTS 3 & 8, BLOCK 13A OF BRIDGER PEAKS ESTATES SUBDIVISION, PHASE 3, LOCATED IN THE NE ¼ OF SECTION
10, 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 Ken and Jane Walker and applicant, KJS Group/Scott Walker, represented by Legends Studio/Kira Ogle, submitted a Major Subdivision Preliminary
Plat Application to subdivide 1.9 acres into 10 lots and one common open space parcel (for
stormwater management) and an alley to enable future single household detached residential
development on property described as Lots 3 & 8, Block 13A of Bridger Peaks Subdivision,
Phase 3, located in the NE ¼, Sec.10, T.2.S., R.5.E., P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been
properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, September 17, 2013, to review the application and any public testimony on the request for said
Major Subdivision Preliminary Plat Application; and
WHEREAS, five members of the general public provided oral testimony on the matter of
the preliminary plat application regarding the density of the proposed subdivision, water from the
irrigation ditch, traffic impacting Meagher Avenue, concerns regarding parking, the future value of homes, and the design and soils for the stormwater retention facility; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application in regards to the challenges inherent for infill development projects
such as this, the suitability for single family homes for this location, the issue of the ditch and the
engineering for the ditch and soil testing to assure proper functioning of the stormwater facility; and
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the
preliminary plat application with the recommended conditions of approval provided in the staff
report; and
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WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the
Major Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman
Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P13026 and voted 6-0 to recommend approval of the preliminary plat for the
Homes at Bridger Peaks Major Subdivision subject to the following conditions and subject to all
applicable code provisions:
Community Development Department:
1. 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.
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 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.
4. The applicant shall satisfy the cash donation in-lieu of land dedication requirements of
Section 38.27.030, BMC with the final plat. The final plat shall contain a note or table
showing the parkland requirements for the subdivision and that cash donation in-lieu of land dedication was utilized to satisfy these requirements.
The applicant shall provide said cash donation in-lieu of land dedication for an equivalent
of 0.30 acres of dedicated parkland with the subdivision. This amount is calculated based
on a requirement for 0.03 acres of parkland per dwelling unit x 10 dwelling units.
5. The final plat and property owner’s association (POA) documents may not include any reference to “dedicated” or “public” common open space; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA, the POA
documents and final plat must specifically designate them as common open space owned
and maintained by the POA in a final plat notation. The common open space may or may
not be public access. If public access is allowed in the common open space it shall be stated in the plat note.
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6. Language shall be included in the property owner’s association documents to alert future
property owners that the W. Babcock Street, Meagher Avenue and W. Broadwater Street
frontages are all considered front yards for zoning setback purposes and future home
designs. This language shall also include a reference to a requirement for a sidewalk
connection from each home to these adjacent streets as there will be no sidewalks within or adjacent to the alley. Language shall also be included in the property owner’s documents
indicating that fences cannot exceed four feet in height in any of these required street front
yards or any portion of a required corner side yard as required in Section 38.23.130.A.2
BMC.
7. The plat shall be amended in order that the small areas of property on the outside radiuses of the alley adjacent to Lots 3 and 4 and Lots 9 and 10 shall be included with the adjacent
lots to avoid future ownership or maintenance confusion or conflicts for these small areas.
8. As noted on the original plat for this subdivision, a note shall be included on the final plat
or in the property owner’s association documents which states that “due to the relatively
high groundwater table within the subdivision, it is not recommended that residences with full basements be constructed.”
Engineering Department:
9. The interior drive aisle shall be designated an alley. There shall be no public street signage
or notes on the plat delineating it as a road or public/private street. A public access easement shall be recorded with the plat allowing public access over the dedicated alley.
10. The improvements identified for the ditch located at the southwest corner of the property is
beyond the jurisdiction of the City of Bozeman. Any alteration of the existing ditch or the
easement to contain the ditch shall be approved by the governing ditch/irrigation company and any other required permits shall be obtained prior to any alteration of the ditch.
DATED THIS DAY OF , 2013 Resolution P13026
_____________________________ ____________________________
Doug Riley, Associate Planner Trevor MsSpadden, Chairperson
Department of Community Development City of Bozeman Planning Board
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City of Bozeman Planning Board Minutes of September 17, 2013.
PLANNING BOARD MINUTES TUESDAY, SEPTEMBER 17, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 7:00 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took
attendance.
Members Present: Staff Present: Trever McSpadden, President Chris Saunders, Policy and Planning Division Manager
Julien Morice Doug Riley, Associate Planner
George Thompson Tom Rogers, Associate Planner Carson Taylor Dustin Johnson, Project Engineer
Jerry Pape Pat Jacobs, Associate Planner
Erik Garberg
Guests Present:
Members Absent: Matt Houser Robin Styler Paul Neubauer Lance Lehigh Glynnis Rogers
Kira Ogle Cheryl Moore-Gough
Mike Stenberg Phil Weiss
Mike Cole
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 SEPTEMBER 3, 2013
A motion to accept the minutes of August 20, 2013 was moved, seconded and approved
unanimously.
ITEM 4. PROJECT REVIEW 1. Loyal Garden MaSub Phase 1A Amended Plat Prelim Plat
A Plat Prelim Plat application request by the owner Covenant Investments Inc., PO Box
11428, Bozeman MT 59719, and representative C&H Engineering and Surveying Inc., 1091
Stoneridge Drive, Bozeman MT 59718, to create 6 residential lots from 2 existing lots on 1.1735 acres. The property is legally described as Lots 3 and 4, Block 3, Loyal Garden Subdivision, NE 1/4 Section 16, T.2S, R5E P.M.M., City of Bozeman, Gallatin County, MT
(Rogers)
Planner Rogers summarized the project. This area was originally subject to a restricted size lot but the City Commission amended the UDC to remove the RSL requirements. It substantially meets the original Loyal Garden density requirements. All primary
infrastructure is in place with the exception of the sidewalks and final utility connections to
each lot, which is customary. The DRC reviewed in three meetings, and forwarded a
recommendation. No additional parkland is required and there is in a very slight reduction in density. No public comment has been received. Staff requests that the Planning Board forward a recommendation to the City Commission, which will consider this application on
October 7.
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Questions for Planner Rogers included: lot lines complimentary to the existing lots, and
sidewalk construction at the time of home construction.
Applicant representative Matt Houser from C&H Engineering addressed the following
subjects: the RSL restriction is only on lot 3.
Public Comment: Lance Lehigh, a Loyal Garden resident, commented that 6 shr lots will
improve local property values and a lot to the neighborhood and he hopes the Board
recommends the application.
A motion was made and seconded to approve the application with Staff-recommended
conditions.
Board comments included that the application looks like fits with what’s already there, and
that the application is actually a higher/better use of the property.
The motion passed unanimously.
2. Homes at Bridger Peaks Estates Prelim Plat #P-13026
A Preliminary Plat application request to allow the further subdivision of Lot 3 & 8, Block 13A, Bridger Peaks Estates Subdivision, Phase 3 by owner Ken and Jane Walker, 270 Floss Flats
Road, Suite A, Belgrade, MT 59714 and applicant KJS Group, LLC/Scott Walker, 270 Floss
Flats Road, Suite A, Belgrade, MT 59714, represented by Legends Studio/Kira Ogle, 3805
Valley Commons Drive, Suite 11, Bozeman, MT 59718. This 1.9-acre vacant property is bound
by W. Babcock Street, Meagher Avenue and Broadwater Street. The property is zoned R-3 (Residential Medium Density). The proposed subdivision will create 10 residential lots. The
property is legally described as Lots 3 & 8, Block 13A of Bridger Peaks Estates Subdivision,
Phase 3, located in the Northeast One-Quarter (NE ¼) of Section 10, Township Two South
(T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, MT. (Riley)
Planner Riley summarized the project. Boundary streets were constructed as part of the
original subdivision infrastructure, and there are existing sidewalks along the frontage of this
property. South of Broadwater is zoned R-3, north of Broadwater is zoned R-1. Lots to be
constructed in one phase. Access off Meagher via an alley. One open space parcel on the eastern side for stormwater management. Parkland subdivision requirements would require
one-third of an acre for this project; however, the Parks & Recreation staff and advisory
board both support cash-in-lieu of parkland because of the property’s closeness to Hyalite
Elementary and West Babcock Fields, Bozeman Ponds, and Valley Unit Park. He received
one late written comment from the resident at 53 Sheridan Place after the packets went out. Staff recommends conditional approval. The property was originally platted in 1992 and sat
vacant, and was originally proposed for townhouse development.
Planner Riley and Engineer Johnson addressed the following questions: all vehicular access
will come off the alley, no parking on Babcock or in the alley (for emergency vehicle access), curb cut alignment, upgrades to the ditch (not owned by the City) detention area and
watercourse irrigation easement, parkland on an infill site, the difference between stormwater
detention versus retention.
Applicant representative Kira Ogle (Legends Studio) addressed: the irrigation ditch does currently not exist within the irrigation easement and the purpose of straightening it is to get
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City of Bozeman Planning Board Minutes of September 17, 2013.
it back into the easement. There is a setback from the ditch for the first house, and a bank to prevent overflow into that house.
Mike Stenberg (Hyalite Engineering) commented on stormwater management and the need
for a retention pond to capture a 10-year event, it is not a pond or a wetland, with no water in
it once it stops raining it will be empty. If the rain is worse than a 10-year event water will run across the vegetated swale to the north and into the street drain system. There is an
unnamed irrigation ditch that no one wants to claim ownership that captures upstream
stormwater and wastewater from the Gallatin Canal, and empties into the East Gallatin, and it
has numerous undersized culverts. Mike proposes measures to help mitigate the situation
including a 45-degree bend, a driveway to divert the water, and a low spot to catch the water before it gets to homes, and a berm. A question concerned why there couldn’t be just a
culvert: answer is cost, and consideration of downstream impacts, and slowing the runoff.
Mike said that it is a larger project to fix both up stream and downstream than just this site.
Public Comment:
Mike Cole, 3605 Broadwater: Lived there since 1994/95. Water from the ditch will probably
need to spill out onto the street. If not there will be problems with condos across the street.
Twigs get stuck and clog up the culvert. Whole subdivision is single-household houses with
condos at the end. He feels that putting the project there is a misfit and will devalue the existing homes. Also does not want to lose the huge tree there. Traffic pattern on Meagher
may be a problem too. May have been a dairy there with underground tanks that hindered
development.
Robin Styler, 45 Meagher: Skinny houses cause on-street parking; noise on small lot (possibly college students not a family), can the area with the tree be the pond? Also
concerned about the density.
Glynnis Rogers, 50 Meagher Avenue: What does cash-in-lieu of a children’s park mean?
Concerned about appearance of neighborhood with the density of this application. Tree removal will add more water problems.
Cheryl Moore-Gough, 53 Sheridan Place: Concern about flooding in her yard from the
retention/detention pond. Likes the design. Her house will have a wide view. She is retired State of Montana Extension Horticultural Specialist. The soil is not sandy in her yard, and
suggests a soil textural test to determine sand and clay content regarding seepage and
flooding into her lot and crawlspace from the retention pond.
Phil Weiss, 2 Sheridan Place: Concerned about lot sizes, 10 seems over-crowded, 8 seems better. Planner Riley confirmed this project meets minimum lot size for the zoning. R-3 can
get a lot more dense than this project. If they wanted to maximize the number of units,
townhomes could go up to fiveplexes.
The applicant indicated that all houses will be over 2,000 s.f. two-car garages.
Garberg moved and Morice seconded to recommend approval of the application with Staff-
recommended conditions.
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City of Bozeman Planning Board Minutes of September 17, 2013.
Board Discussion:
Board members discussed: the challenges of infill development, think that single household
is appropriate, and concerns over the ditch but shouldn’t burden the property with this issue.
A motion was made by Taylor to amend the prior motion to add a further condition of approval that a perc or other test would establish the viability of the retention pond prior to
final plat.
Engineer Johnson reviewed the City’s design standards for retention ponds, noting that perc
tests are fairly easy to pass here and he doesn’t anticipate that there would be any problem with passing the test for this project.
A vote was taken on the amended motion and failed to pass 6 - 1.
A vote was taken on the original motion and passed unanimously.
ITEM 6. NEW BUSINESS
None.
ITEM 7. ADJOURNMENT
Thompson moved and McSpadden seconded to adjourn the meeting.
Trever McSpadden, President Brian Krueger, Development Review Manager Planning Board Department of Community Development
City of Bozeman City of Bozeman
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August 1, 2013
City of Bozeman Planning Department
Attn.: Doug Riley
20 East Olive Street
P.O. Box 1230
Bozeman, Montana59771‐1230
Re: Narrative for Preliminary Plat Checklist for Major Subdivision of Lots 3 and 8, Block 13A, Bridger
Peaks Estates Subdivision
Preliminary Plat Checklist Narrative
Requirement Explanation
D. 7. All improvements will be completed in a single phase.
E. 3. No variances are being requested.
E. 5. No State, County, or City highways, streets, or roads are being
intersected with this subdivision.
E. 6. No zoning change is being requested.
E. 10. No authorized representative is signing on behalf of the record owner.
F. 16. No parks or recreation facilities are being created with this subdivision.
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AGRICULTURAL WATER USER FACILITIES
Following is a letter that was sent to three ditch companies for their approval, input and response.
As of the date of this application, we are still waiting for their responses.
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July 26, 2013
Farmers Canal Company
c/o Bill Tatarka
19 Lake Rd.
Bozeman, MT 59718
RE: Homes at Bridger Peaks Estates Subdivision
Dear Mr. Tatarka,
I am working with a client that owns two undeveloped lots of land that are directly North, across
Babcock Street, from Hyalite School. The legal description of this land follows: Bridger Peaks Estates
Subdivision, Phase 3, Section 10, Township 02 S, Range 05 E, Block 13A, lots 3 & 8. We are subdividing
these two lots into 10 single‐family lots with one open lot for drainage. I have included a preliminary
site plan of the proposed Homes at Bridger Peaks Estates Subdivision for your reference.
An irrigation ditch cuts across the Southwest corner of these properties. I have previously met on site
with both Dan Triemstra and Al Lien in hopes of determining who controls the water in this irrigation
ditch. After more research I have come to the conclusion that it is at best difficult to make this decision.
Therefore, it was recommended that I contact representatives from the following three ditch
companies: Farmers Canal Company – Bill Tatarka, Middle Creek Ditch Company –Kevin Haggerty, and
West Gallatin Canal Company – Dick Debernardis. It is a possibility that any of these three ditch
companies may have some involvement or control of the water running through this portion of the
ditch.
My purpose in writing is to inform you of my clients proposed plans and to get approval for their
proposed actions concerning the improvements to the irrigation ditch. Currently this project is in the
‘Preliminary Plat’ stage of the subdivision process.
Following are the improvements that my clients are proposing to make to this portion of the ditch;
adjust the current route of the ditch to move it slightly to the west so that it will be completely
contained within the existing 20’ irrigation ditch easement. At this time the ditch is not completely
contained in this easement. In addition to the route adjustment, we are proposing to increase the size
of the birm on the east side of the ditch to keep the water from running out of the ditch, during
increased drainage events, onto the adjacent proposed single‐family property. The flow of the ditch
shall not be decreased and we intend to keep the ditch open as it currently exists.
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If you should have questions or need further information please don’t hesitate to call me at the
following numbers: office – 556‐6676, mobile ‐406‐570‐4562. I can also be reached at the following
email address if this is more convenient: kira@legendsstudio.com .
It would be helpful to my clients if I could get a response, either verbal or in writing, to our proposed
actions so that we know everyone is at the very least informed about our plans and may be able to
contribute comment or input.
Thank you for your time and help in this matter.
Sincerely,
Kira E. Ogle
Principal
Legends Studio, Inc.
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THE HOMES AT BRIDGER PEAKS ESTATES
SURFACE WATER & FLOODPLAIN REPORT
Description:
There is one un-named stream/ditch located within the subject parcel, which
is located on the southwest corner of the property. This channel enters the
property through two culverts (24” and 36” diameter culverts) crossing Babcock
Street and exits the property through an existing 36” RCP culvert crossing
Meagher Ave. The channel length through this project area is approximately
100 feet and the channel bottom width is 6.5-17 feet.
Channel Alteration:
With this development it is being proposed to slightly re-route the channel to
the west near Babcock for two reasons; 1) bring the channel within the existing
20 feet easement, and 2) to provide a greater separation from the channel to
the proposed residential structure to the east on Lot 1. It is also proposed to
extend the culvert slightly at the 36” culvert inlet (east side of Meagher), to
provide an improved slope from the existing sidewalk to the top of culvert.
The existing wetlands associated with this channel/ditch can be seen on sheet
C5.1. There will be some minor wetland disturbance with the ditch
realignment; and permitting for this disturbance is underway. See attached
sheet C5.1 for details of stream routing and culvert extension.
Currently during highwater events the existing channel is overtopped through a
low area or spillway, which conveys water to the north of the existing 36”
culvert inlet, whereby water is then directed into the curb and gutter along the
east side of Meagher. Given the current water conveyance during high water
events it is proposed to alter the current ‘flooding’ pattern slightly in this area.
Flood routing/alterations are further discussed below.
Flooding:
There are no mapped floodplains within the property boundary or associated
with the stream on property; however there are flooding concerns as history
has shown that the site conveys overflow water across the subject property, at
the 36” culvert inlet. In general it is proposed to remove the flooding across
the proposed development and allow the stream to overtop the sidewalk/curb
along the proposed southern approach into the property. By altering the
overflow elevations in this area it is necessary to elevate the home site on lot 1
and raise this above the proposed overtopping or overflow elevation. A
building pad elevation of 4697.50 is proposed for lot 1, which is approximately
1.50 feet higher than the sidewalk/curb overtopping elevation at the southern
approach.
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By removing the existing overflow/spillway pattern and allowing the site to
overtop the bank differently additional headwater elevation will be added to
the existing 36” culvert inlet which in turn will convey more water through this
culvert and deliver more water to the west side of Meagher. Culvertmaster
was used to estimate the increased flow through the 36” culvert with the
increased headwater elevation and the estimated increase was 8.84 cfs.
Attachment A, included, is the estimated flow through the existing culvert with
a headwater elevation one foot above the existing spillway elevation. It was
estimated from visual inspection that the existing ‘spillway’ highwater mark
was approximately one foot above the lowest spillway grade. Attachment B is
the estimated flow through the existing culvert with a headwater elevation
overtopping the proposed southern approach sidewalk/curb.
The above mentioned additional flow may increase water elevations near the
outlet of the 36” culvert. To mitigate this additional flow, a two foot high
berm is proposed along the west bank at the outlet of the 36” culvert a
distance of approximately 75 feet. The existing top back of curb on the west
side of Meagher and downstream of the outlet is lower in elevation than the
existing grades next to the residences along the west of the channel; therefore
the top back of curb will be overtopped along the west side of Meagher with
any increase in surface water elevations due to increased flows that may be
generated. (See sheet C5.1 attached for additional information and elevation
differences downstream of the outlet).
Also it was estimated that the pre-development ‘spillway’ at the culvert
entrance has a flowrate of 19.08 cfs. Based on visual inspection the estimated
highwater mark during 2013 was estimated at 1.0 foot higher than the lowest
pre-development spillway elevation. Utilizing Bentley Flowmaster for a
trapezoidal channel the above flowrate was generated (see Attachment C).
The post development ‘spillway’ is capable of 23.76 cfs, which is greater than
the estimated existing overflow flowrate. This flow was also generated utilized
Flowmaster for a trapezoidal channel (see Attachment D).
In summary it is proposed to alter the current flow patterns for the site;
however existing overflow patterns generally remain the same as any out of
bank flows will still convey along Meagher Ave. to the north. Grading and
mitigation efforts proposed will minimize the risk of flooding.
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PROPERTY APPRAISAL/CASH‐IN‐LIEU OF PARKLAND
An appraisal has been scheduled to appraise the value of the 13,068 square feet of land
required for park land. Once this appraisal is complete, it will be provided as well as the
established amount for cash‐in‐lieu of the 13,068 square feet of dedicated park land for this
subdivision.
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