HomeMy WebLinkAboutPreliminary Plat to subdivide, P13019 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner
Wendy Thomas, AICP, Director of Community Development
SUBJECT: A Preliminary Plat to subdivision approximately 5.01-acres into 9
residential single-household residential lots with Open Space and Park
areas. The property is generally located at 3601 Good Medicine Way
which is on the east side of South 3rd Avenue between Wagonwheel Road and Little Horse Drive, File P-13019.
MEETING DATE: November 4, 2013
AGENDA ITEM TYPE: Action – Quasi Judicial
RECOMMENDATION: That the City Commission conditionally approves the Preliminary
Plat Application for the Ellis View Estates Major Subdivision, File P13019, with the
recommendation listed in Planning Board Resolution P13019.
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
P13019 and move to approve the preliminary plat application for the Ellis View Estates Major
Subdivision, authorizing the subdivision of 5.01-acres into nine lots for single household
construction with open space and park areas subject to the conditions listed in Planning Board
Resolution P13022.
Staff report page references: engineering and planning conditions of approval, page 5-6;
subdivision/findings criteria, page 10; code provisions, page 18-23.
BACKGROUND: Mahar Montana Homes, Inc., represented by C&H Engineering and
Surveying, Inc., submitted preliminary plat application to subdivide an existing lot containing
5.01-acres to create nine (9) single-household residential lots, two open space parcels and a park area. No variances are being requested with the application. However, numerous relaxations are
being requested with the associated Planned Unit Development (PUD), file Z13131.
The parent tract was created through Amended Plat of Minor Subdivision No. 35 filed with the
Gallatin County Clerk & Recorder in November of 1980. A note on plat stated Lot 4, the subject
property, “is to be used as a church site and accessory uses of a church.” This restriction was later removed. The property was annexed by the City in October, 2012 through Resolution 4415.
The annexation agreement restricted access from the subject property to Good Medicine Way.
The Applicant requested an initial zoning designation of R-1 (Residential Single Household Low
Density) and was approved for R-S (Residential Suburban).
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The subdivision is undergoing concurrent Planned Unit Development (PUD) review as required
in R-S Districts. This application was review assuming the City Commission approves the PUD.
If the Commission acts to deny the PUD this subdivision application should not be approved.
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
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 Planning Board Resolution P13019 10-15-13 Planning Board Minutes
Public Comment
Application Materials (as a link)
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: October 25, 2013
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P-13019, Staff Report for the ELLIS VIEW ESTAES MAJOR SUBDIVISION
Date: City Commission meeting is on November 4, 2013
Item: A Subdivision Preliminary Plat in conjunction with preliminary Planned Unit
Development with nine residential lots, two open space parcels, and a park parcel.
Project Location: 3601 Good Medicine Way, legally described as Lot 4A, Minor Subdivision
35C, located in the Northeast One-Quarter (NE ¼), Section 25, Township Two South
(T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions
Report Date: Monday, October 28, 2013
Staff Contact: Tom Rogers, AICP, Department of Community Development
Representative: C&H Engineering and Surveying, Inc.
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .......................................................................................................... 2
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 5
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 7
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 ........................................................................................... 13
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 18
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 ............................................. 26
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF.................................. 26
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SECTION 1 - MAP SERIES
Figure 1: Vicinity Map showing adjacent zoning.
Surrounding Zoning and Land Uses:
North: Single detached homes: zoned RS, Residential Suburban
South: Open Space and future commercial: zoned RS, Residential Suburban
East: Single detached homes: zoned RS, Residential Suburban
West: Unannexed, agriculture: zoned RS, Residential Suburban
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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. 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. The subdivider
shall incorporate a property owner’s association (POA) for maintenance of all common open space, storm water facilities, trails, boulevard sidewalks, and boulevard landscape with each parcel having its own description like open space parcel A which corresponds to
the labels on the plat face. Unless specifically listed in the Certificate of Dedication, the
city accepts no responsibility for maintaining the same. The final plat shall contain the
appropriate Certificate of Transfer of Ownership & Completion of Non Public Improvements, as approved by the City, and maintenance by the property owner’s association for all common open space areas, trails, storm water facilities, boulevard
sidewalks and boulevard landscape, etc.
3. The final plat application for the subdivision shall include typical cross sections for each
storm water facility in relation to adjacent subdivision improvements and physical features (i.e., Middle Creek Ditch watercourse, Good Medicine Way), plans verifying placement of the facility only in Zone II of the watercourse setback, typical landscape and grading details
for each storm water facility, and landscape plans for each facility outlet. The cross
sections shall be approved by the city prior to final plat approval.
4. 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
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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.
5. All water and sewer service lines shall be located in the standard location as approved by
the water/sewer superintendent.
6. Street cut permits shall be obtained for all work performed for the water and sewer service
line taps.
7. South Third Avenue shall be returned to an acceptable condition once the water and sewer
service line taps have been completed.
Engineering
8. A 1’ wide no access strip shall be provided along the entire lot frontage of South 3rd
Avenue.
9. Unless a relaxation is granted by the City Commission, the east half of South 3rd Avenue
shall be constructed to a collector standard as shown in the Greater Bozeman Area Transportation Plan alone the entire frontage of the subdivision. This shall include tapers
meeting AASHTO standards to transition back to the existing roadway width on the north
and south.
10. The master planned 12” trunk sewer main shall be installed along the entire frontage of the
subdivision as shown on the Wastewater Facility Plan unless a relaxation is granted by the City Commission.
11. An all weather access road shall be provided to all manholes that are located outside a
street or parking area unless a relaxation it granted by the City Commission.
12. The remaining water rights, or cash in lieu thereof due for the property shall be paid with
the filing of the final plat.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Ellis View Estates Major Subdivision Preliminary Plat
File: P-13019
Development Review Committee
The Development Review Committee has reviewed the Preliminary Plat application on June 19
& 26, August 28, and September 11, 2013. On August 21, 2013 the DRC determined the
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision; 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. On September 11, 2013 the DRC recommended conditional
approval of the preliminary plat and planned unit development applications.
Planning Board
The Planning Board public hearing occurred on October 15, 2013 to consider the preliminary
plat and forward a recommendation to the City Commission. The City of Bozeman Planning
Board, having heard and considered public comment, adopted the findings presented in the staff
report for P-13019 and voted 7-0 to recommend approval of the preliminary plat application for
the Ellis View Estates Major Subdivision. The Planning Board resolution (P-13019) is attached
to this report.
City Commission
The City Commission public hearing is scheduled for November 4, 2013 to consider the
preliminary plat and make a final decision. The City Commission will consider the related
Planned Unit Development at the same 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, 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 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 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.
The subdivision requires concurrent Planned Unit Development (PUD) review pursuant to
Section 38.08.010, BMC. Lot area and width are determined through the PUD review
procedures. In addition, the subdivision design is evaluated by the design objectives and criteria
set forth in Section 38.20.090, BMC.
Finally, the subject property is not within an overlay district and does not have any applicable
special use review criteria in addition to the PUD unique to the project. 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,
Administrative Rules of Montana, 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.
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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.
A preliminary plat application was submitted on June 5, 2013 and deemed acceptable for initial
review on June 12, 2013. The preliminary plat was reviewed by the DRC on June 19 & 26,
August 28, and September 11, 2013. The DRC and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 29, 2013. The site was posted with a public notice on September 26, 2013. Public
notice was sent to physically 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
September 26, 2013. No comment has been received on this matter at the time of production of
this report.
On October 10, 2013 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on October 15, 2013 and the City Commission is scheduled to make a final
decision at their November 4, 2013 public hearing. The final decision for a Major Subdivision
Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in
this case by December 6, 2013.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC 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.
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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 Ellis View Loop with lot frontage meeting minimum
standard shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC,
plats shall contain a statement requiring lot accesses to be built to the standard contained in this
section, the city design standards and specifications policy, and the city modifications to state
public works standard specifications. As part of the PUD, a restriction on access to Good
Medicine Way is established to prevent vehicle access from adjacent lots. There is an intervening
open space lot between S. 3rd Avenue and lots 6 and 9 which limits access to those lots only to
Ellis View Loop.
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. Staff,
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 a suburban residential area according to the City of
Bozeman Community Plan. The parcel is slightly larger than 5 acres in size and has no adjacent
property which could be incorporated into a farming unit. The small size is a substantial
limitation on the ability to establish financially viable agricultural uses. The area is zoned for
residential development and is within a residentially developed area. No recent agricultural
activities have occurred on the subject property. In addition, the subject property was annexed in
to the City in October 2012 by Resolution A4415 and subsequently zoned R-S 9Residenatil
Suburban District through Ordinance No. 1845. Therefore, this subsequent subdivision will not
have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There are two agricultural water user facilities on the property. The Applicant has addressed the
unnamed lateral of the Middle Creek Ditch located on the southeast corner of the property. Page
2 of the Environmental Assessment describes the water feature. The ditch will remain
undeveloped within the proposed open space. All private lot lines will be a minimum of 50’
from the north bank of the ditch. Therefore, there will be minimal affect on this facility.
A second water user facility is located on the western edge the property. Visual inspection
shows the ditch has culverts under Wagon Wheel Road to the north and Little Horse Drive to the
south. According to Craig White, all water rights and conveyance rights have been severed from
this ditch and are no longer in use. Please see the attached documentation. Although a culvert is
shown on the southern entrance of Ellis View Loop on the Preliminary Plat no culvert is
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necessary. Therefore, the proposed subdivision will have minimal impacts on agricultural water
user facilities.
3) The effect on Local services
Water/Sewer – Municipal water main in the area utilized for the Ellis View Subdivision includes
a 12-inch ductile iron pipe (DIP) located in South Third Avenue at the west subdivision
boundary. An 8-inch DIP is purposed to be located under the purposed Ellis View Loop
connecting to the 12-inhc main in South Third Avenue to the north and south of the subdivision.
Sewer mains will be installed under Ellis View Loop and will flow into the existing 8-inch main
located in Peace Pipe Drive near the southeast boundary of the subdivision. The sewer line will
connect to the existing easement through a new easement which will traverse the park and open
space number 2. The sewer line will be constructed in the Sundance Springs Phase 1A Open
Space and in the existing easement provided between Lots 24 & 25, Sundance Springs
Subdivision Phase 1A (J-256). Please refer to the figure below, a portion of the Sundance
Springs Phase 1A Subdivision, for more detail.
Pursuant to Section V.B.12 of the City Design Standard and Specification Policy, all-weather
accesses to the manholes are required. Due to the location of this infrastructure the access road
will cross the lateral of Middle Creek Ditch requiring a structure to cross the ditch requiring
permitting from the DNRC & Army Corps of Engineering. Other alternatives to provide sanitary
sewer service to the subdivision are available.
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Each lot will connect to the new water and sewer mains designed to the appropriate design
standard shall be located in the standard location as approved by the water/sewer superintendent.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Ellis View Loop, a new subdivision road, will be constructed to serve the
development. Street design relaxations were requested through the Planned Unit Development
review and approval. Following new water and service line installations to accommodate the
new lots/development, the adjacent streets will be required to be repaired to City standards. All
street improvements will be constructed to acceptable City standards with curb, gutter,
pavement, boulevard sidewalks and storm water facilities.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater – The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval.
Parklands - The subdivision is required to undergo PUD review and approval. Through the PUD
review and procedure all parkland and open space will be determined and must exceed minimum
standards. The Applicant has submitted a PUD application and is concurrently under review
(File No. Z-13131). As noted on the preliminary plat approximately 26 percent of the gross area
of the development will be dedicated as Parkland or Open Space.
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 existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
There are no known critical wildlife species on this property. The proposed development is
within a previously developed area designated for residential development. As shown on the
vicinity map the Gallatin Valley Sod, Inc. sod farm is across Third Street to the west which is not
productive wildlife habitat. The further subdivision of the existing lots will have minimal
impacts on wildlife and wildlife habitat.
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. Conditions related
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to the Planned Unit Development may be found in the staff report for that application. In
addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A.
and as a result, the Department of Community Development has 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 October 31, 2012.
With the pre-application plan review application, no waivers were requested by the applicant
from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements”. Staff offers the
following summary comments on the supplemental information required with Article 38.41,
BMC.
38.41.060.A.1 Surface Water
There are two agricultural water user facilities laterals of the Middle Creek Ditch which are
discussed in the primary review criteria above. The Applicant has addressed the unnamed lateral
of the Middle Creek Ditch located on the southeast cover of the property. Page 2 of the
Environmental Assessment describes the water feature. The ditch will remain undeveloped
within the proposed open space. All private lot lines will be a minimum of 50’ from the north
bank of the ditch.
The Bozeman Area Wetland Map prepared by the NRCS identifies wetlands along the alignment
of the Middle Creek Ditch lateral. No modification of these water courses is being proposed
with this subdivision. However, the ditch in the southeast corner of the property will be
impacted during construction of underground sanitary sewer line and all weather access road. A
310 permit from the local conservation district and a 404 permit from the Army Corps of
Engineers will be required prior to any land disturbance construction activities.
38.41.060.A.2 Floodplains
The Federal Emergency Management Administration Flood Rate Insurance Rate Map (FIRM)
shows the subject property is outside of the 100-year flood plain.
38.41.060.A.3 Groundwater
Ground water levels on the site are estimated from well logs on adjoining properties. Static
water levels are between 15 - 18 feet. Central water and sewer are proposed for the project,
minimizing potential ground water degradation. Surface water will be controlled by channeling
flows into retention basins wish will limit discharge to pre-development rates.
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. NRCS soils data is included in the Applicant Submittal in
Appendix B. Soils on site are considered fair for most types of construction. To mitigate
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potential limitations of the soils, geology and slopes the Applicant proposes a number of
protective measures including but not limited to:
All cut and fill slopes shall be placed in uniform lifts compacted to 95% of the maximum
dry density as determined by ASTM D698.
All topsoil, including organic materials, will be removed from building and pavement
areas.
Design of all streets and parking areas shall use acceptable engineering practice to
determine structural sections and the use of separation fabrics based on soil conditions
and traffic loading.
38.41.060.A.5 Vegetation
The property is currently lightly vegetated with grasses and weeds. No significant or critical
vegetation exists on the subject property. 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
There are no known critical wildlife species on this property. The proposed development is
within a previously developed area designated for residential development. As shown on the
vicinity map the Gallatin Valley Sod, Inc. sod farm is across Third Street to the west which is not
conducive to wildlife habitation. The further subdivision of the existing lots will have minimal
impacts on wildlife and wildlife habitat.
38.41.060.A.7 Historical Features
There are no previously recorded cultural properties located within the search locale according to
the Montana Historical Society Historic Preservation Officer. If any historic sites are uncovered
during construction the State Historic Preservation Office will be notified.
38.41.060.A.8 Agriculture
The property is not a viable farm unit. The property has not been utilized for agricultural
purpose for some time. Residential development has nearly surrounded the area. This is a
developing area and this property is not used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
As previously noted in this report there are two agricultural water user facilities on the property.
The Applicant has addressed the unnamed lateral of the Middle Creek Ditch located on the
southeast cover of the property. Page 2 of the Environmental Assessment describes the water
feature. The ditch will remain undeveloped within the proposed open space. All private lot lines
will be a minimum of 50’ from the north bank of the ditch.
A second water user facility is located on the western edge the property. Visual inspection
shows the ditch has culverts under Wagon Wheel Road to the north and Little Horse Drive to the
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south. According to Craig White, all water rights and conveyance rights have been severed from
this ditch and are no longer in use. The Applicant has provided written documentation attesting
to the fact that the ditch is non-functioning. Although a culvert is shown on the southern
entrance of Ellis View Loop on the Preliminary Plat no culvert is necessary. Therefore, the
proposed subdivision will have minimal impacts on agricultural water user facilities.
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. Eight inch water mains will be looped through the subdivision connecting to
existing main on the east side of South Third Avenue. The property is located at the upper end
of the City’s distribution system and perched at the top of a hill will reduce water pressures.
However, analysis indicates that pressure and fire flow is adequate to meet City of Bozeman,
MDEQ, and Uniform Fire Code requirements. Planned improvements called for in the Water
facility plan will improve pressure and fire flow conditions.
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 City
Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of Environmental
Quality.
38.41.060.A.11 Stormwater Management
Storm water will be conveyed to a retention pond within Open Space No. 2 at the north east
corner of the site. All storm water conveyance structures (swales, pipes, curbs, etc) will be sized
to handle a 25-year event and the retention pond will be sized to handle a 10-year event.
Stormwater runoff will be conveyed to a series of detention/retention ponds located adjacent to
the watercourse corridor and will treat sediment and oils from the storm water before discharging
into the watercourses or allowed to infiltrate in the ground.
Staff expressed concerned on the proposed location of the water retention pond located on Open
Space 2 in a letter dated June 28, 2013 from the DRC. The letter stated that based on
preliminary review there is concern that overflow from the pond will cause adverse impacts on
the adjacent property to the north from the water retention pond located on Open Space 2. No
changes were made to the location of the storm water detention facility in Open Space 2.
However, during design review with the Engineering Department appropriate drainage for
overflow will be addressed.
38.41.060.A.12 Streets, Roads and Alleys
Access to the major subdivision is provided by a newly constructed loop road, Ellis View Loop.
The applicant proposes to construct Ellis View Loop to local street standards with a width of 31
feet from back of curb to back of curb, 5 foot wide boulevards and five foot wide concrete
sidewalks. The Applicant is requesting a relaxation from the required 60 to 53 foot right-of-way
through the PUD procedures. No deviations or variances are being requested with this
subdivision.
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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 private utilities servicing the subdivision will be
installed underground. The D.R.C. and local review agencies did not identify any potential
impacts and/or concerns with providing private utilities to the subdivision. The final plat shall
provide public utility easements along all front, side and rear lot lines as required by Section
38.23.060 “Easements” of the BMC. However, in the event front and/or rear yard utility
easements are used, side rear yard easements must still be provided on the plat unless written
confirmation is submitted to the Planning Office from all utility companies and Director of
Public Service indicating that front and rear yard 10-foot wide easements are adequate to service
said subdivision lots. The easement notation required in the Unified Development Ordinance
shall also be provided on the final plat.
38.41.060.A.14 Educational Facilities
Written comments have been solicited and received from the Bozeman School District and are
included in Appendix E of the Applicant Submittal. In summary, upon construction of
Elementary school #8 the Bozeman School District has capacity to accommodate the additional
student population generated by the proposed subdivision.
38.41.060.A.15 Land Use
The Ellis View Estates Subdivision is proposed as a nine lot major subdivision. The property
was recently annexed in the City and zoned R-S (Residential Suburban). All newly created lots
in the R-S District require PUD review and approval. The PUD proposes nine single household
residential lots. In addition to the nine residential lots 0.41-acres of Parkland and two Open
Space lots totaling 0.88-acres are being proposed through the PUD process. The location of the
proposed land uses are in general compliance with the City of Bozeman zoning map.
38.41.060.A.16 Parks and Recreation Facilities
All Parks and Recreation amenities are established through the PUD review and approval
process. As required by Section 38.20.040, BMC, this subdivision is concurrently reviewed with
the zoning planned unit development. In summary the Applicant has proposed two Open Space
lots totaling 0.88-acres and Parkland with 0.41-acre as shown on the face of then plat. The
proposed park area is adjacent to the existing Sundance Springs Subdivision Open Space to
provide connectivity and more usable space. A new type 2 gravel trail will be constructed from
Ellis View Loop through the parkland to the existing trail system in the Sundance Springs Open
Space as required pursuant to Section 38.27.110, BMC
Pursuant to Section 38.38.020, BMC, all areas reserved for open space and other common areas
(i.e., storm water facilities) to be owned and maintained by the home owner’s association are
identified on the preliminary plat as “open space”, and so noted accordingly in the homeowner’s
association documents.
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A more detailed analysis is provided in the associated PUD application and report.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not included with this subdivision. Pursuant to Section 38.23.020.A,
BMC, neighborhood centers are required for all residential subdivision or planned unit
developments that are ten net acres in size or greater. The net area for the Ellis View Estates
subdivision is 2.779-acres.
38.41.060.A.18 Lighting Plan
A lighting plan is included with the Applicant Submittal in Appendix H. Performance standard
for the lighting plan will be addressed in the PUD review and approval procedures. All lighting
shall meet or exceed the standards set forth in Section 38.23.150, BMC.
38.41.060.A.19 Miscellaneous
Based on the physical examination of the property and comments made by the applicant the only
construction hazards near the development are the existing electric, gas, and phone lines found at
the perimeter of the subdivision.
38.41.060.A.20 Affordable Housing
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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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. Pursuant to Section 38.03.040.A of the BMC, conditional approval of the preliminary plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. As a
single phase major subdivision, conditional approval of the preliminary plat for the Ellis
View Major Subdivision shall in be force for two (2) 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.
2. Final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110. Pursuant to Section 38.41.070 a final subdivision plat may not be approved by the city unless all certificates, with the exception of the director of
public service and the county clerk and recorder, have been complied with, signed and
notarized and all subdivision regulation and conditions of preliminary plat approval have
been met.
3. 38.02.050 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final plat(s) of the major subdivision.
4. 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
5. 38.23.060.B “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, B.M.C. said easement shall apply. All utility easements to
be noted on the final plat for each typical subdivision lot/block, exclusive of notations on
the final plat.
6. Pursuant to Section 38.23.060.D.4, storm water runoff from a development shall not be discharged directly to an irrigation facility.
7. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed
and contained on an individual lot as a common area(s) owned and maintained by the
property owner’s association and noted accordingly in the protective covenants.
8. 38.23.120 - If mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation
with the United States Postal Service. All cluster mail boxes must be ADA accessible and
placed accordingly. It shall not be the responsibility of the City to maintain or plow any
mail delivery area constructed within a City right-of-way.
9. 38.26.050.E “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.,
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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.
10. 38.26.070 “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.
11. 38.27.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail
will need to be reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is recommended with the placement appropriate pedestrian crossings at
all intersections with interior subdivision streets. A typical cross section of the public trail
shall be included in the landscape guidelines and will include trail specifications, typical
landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
12. 38.38.020 and 38.38.030 “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)
guidelines that outline architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees, 2) common area
maintenance provisions including landscape details and maintenance provisions for
boulevard irrigation and trees, 3) noxious weed control, 4) parking within residential
structures, 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.
13. 38.39.030 “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
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the City of Bozeman with an acceptable method of security equal to 150 percent of the cost
of the remaining improvements.
14. 38.39.030.B.2 “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.”
15. 38.41.050.A.8 – A Memorandum of Understanding shall be entered into by the Weed
Control District and the subdivider for the control of County declared noxious weeds and a copy provided to the Community Development Department prior to final plat approval.
16. 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.
17. 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.
18. 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 of the Unified Development Code. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
19. 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 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.
20. The subdivider shall ensure that all construction material and other debris are removed
from the subdivision prior to final plat approval, or prior to release of said financial
guarantee, if an Improvements Agreement is necessary with the final plat.
21. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat.
Engineering
22. Storm water Master Plan:
A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer.
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The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport
runoff to the storm water receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin
sizing calculations and a storm water maintenance plan.
A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application
form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm
water permitting required from the State of Montana, and does not fulfill the requirement to
obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this
development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention
Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City.
Any storm water 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. Storm
water 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.
23. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. All plans and specification shall comply with the current version (including all
addenda) of the City of Bozeman Design Standards and Specifications Policy and the City
of Bozeman Modifications To Montana Public Works Standard Specifications Sixth Edition that have been adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
24. 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.
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City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the final plat for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
26. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
27. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 38.23.060.D for any ditch
relocation.
28. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of easement.
29. Project phasing shall be clearly defined including installation of infrastructure.
30. 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.
31. 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 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved routes.
32. All construction activities shall comply with section 38.39.020.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.
33. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
34. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
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35. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-S” (Residential Suburban District). The intent of the R-S
residential suburban density district is to allow open space, resource protection and primarily
single-household development in circumstances where environmental constraints limit the
desirable density. All new subdivision and site plan developments in this district shall be subject
to the provisions of article 20 of chapter 38, pertaining to planned unit development, and shall be
developed in compliance with the adopted city growth policy.
Lot area and width for newly created lots in R-S residential suburban districts are determined
through the PUD review procedures chapter and in compliance with the adopted city growth
policy. Unless otherwise approved through the planned unit development process, the average lot
size shall be one acre. In addition, pursuant to Section 38.08.080, BMC, there are no minimum
densities in the R-S District.
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 is to subdivide an existing 5.01-acre parcel in the R-S (Residential Suburban)
District to create nine (9) single-household residential lots, two open space lots, and parkland
parcel. Accessory dwelling units are not being contemplated for this subdivision and are not
addressed in the covenants. The subdivision is undergoing concurrent Planned Unit
Development (PUD) review as required in R-S Districts. No variances are being requested with
the application. However, the Applicant has requested numerous relaxations in the PUD
application.
Project Background
The parent tract was created through Amended Plat of Minor Subdivision No. 35 filed with the
Gallatin County Clerk & Recorder in November of 1980. A note on plat stated Lot 4, the subject
property, “is to be used as a church site and accessory uses of a church.” This restriction was
later removed. The property was annexed by the City in October, 2012 through Resolution 4415.
The Applicant requested an initial zoning designation of R-1 (Residential Single Household Low
Density) and was approved for R-S.
After annexation the property went through a Pre-App review. The proposed preliminary plat is
substantially similar to the pre-application proposal including nine residential lots, two open
space lots and park.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on October 9, 2012. The pre-application was
reviewed by the DRC on October 24 and 31, 2012 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
A complete preliminary plat application was submitted on June 5, 2013 and deemed acceptable
for initial review on August 9, 2013 after omitted submittal materials were received by the
Department. The preliminary plat was reviewed by the DRC on June 19, June 26, August 28,
and September 1, 2013. On August 21, 2013 the DRC and Staff determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision.
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 September 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 September 29, 2013 this
major subdivision staff report was drafted and forwarded with a recommendation of conditional
approval by the Planning Director for consideration by the Planning Board. On October 25,
2013 this major subdivision staff report was drafted and forwarded with a recommendation of
conditional approval by the Planning Director for consideration by the City Commission with
public comment letters attached. The City Commission is scheduled to make a final decision at
their November 4, 2013 public hearing. The final decision for a Major Subdivision Preliminary
Plat must be made within 60 working days of the date it was deemed complete or in this case by
November 15, 2013.
APPENDIX E –REQUESTED VARIANCES OR DEVIATIONS
No variances have been requested. All other design requirements of the BMC have been met in
conjunction with the required Planned Unit Development review and approval procedures.
APPENDIX F – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Mahar Montana Homes, Inc., 1627 West Main Street, #370, Bozeman,
MT 59718
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman,
MT 59718
Report By: Tom Rogers, AICP, Department of Community Development
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From:Robert L Swinth
To:Chris Saunders
Cc:Martha and Jim Muth
Subject:Ellis View Estates Sewer siting
Date:Tuesday, October 15, 2013 3:32:05 PM
Chris SaundersCity PlanningBozeman15 October 2013
Dear Chris,
I have discussed the siting for the sewer line from Ellis View Estates with you and the developer, etc atpublic meetings for some time and have repeatedly said that bringing the line down onto Peace Pipewas invasive and unnecessary. I recommend that you direct it North along Good Medicine way andconnect to the head on Stanford/Fieldstone.
This is simpler, less impactful on any of the parties and better fits the long term loads on Bozeman'ssewer system. Despite the assurance from you of sufficient capacity on the Peace Pipe line, it is obviouswith the existing lift station to the East and the prospect of intensive development in the Little Horseloop (rezoned in the future for multiple family housing?) that incremental decision making could lead tostressing the line and more maintenance.
Thanks for listening,
Bob
Bob Swinth478 Peace Pipe DriveBozeman, 59715
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The Amended Plat of Lot 3 & 4, Block 3, Phase 1A, Loyal Garden Subdivision
1
RESOLUTION #P-13019
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE AN EXISTING LOT CONTAINING APPROXIMATELY 5.01 ACRES, LOCATED EAST OF SOUTH THIRD AVENEUE INTO NINE RESIDENTIAL SINGLE HOUSEHOLD LOTS,
PARK LAND AND TWO OPEN SPACE LOTS ON PROPERTY DESCRIBED AS THE
AMENDED PLAT OF LOT 4A, COS 35-C, LOCATED IN THE NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 25, TOWNSHIP TWO SOUTH (T2S), RANGE FIVE EAST (R5E), P.M.M. GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner Mahar Montana Homes, 1627 W. Main Street, #370,
Bozeman, MT represented by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive,
Bozeman, MT 59718 submitted a Major Subdivision Preliminary Plat Application to subdivide an existing lot containing approximately 5.01-acres into nine residential single-household lots
with two open space lots and park land on property described as Lot 4, COS 35-C, located in the
Northeast One-Quarter (NE ¼) of Section 25, Township Two South (T2S), Range Five East
(R5E), P.M.M. 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,
October 15, 2013, to review the application and any written public testimony on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS, written comments concerning the subdivision was provided to the Planning
Board prior to the hearing. Additional written testimony was presented at the public hearing.
All comments were made available to public; and
WHEREAS, five members of the general public provided oral testimony on the matter of
the preliminary plat application which focused on the preservation of the character of the surrounding area, the all weather access requirement to manholes associated with the sanitary
sewer service, and the storm water facilities; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and
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The Amended Plat of Lot 3 & 4, Block 3, Phase 1A, Loyal Garden Subdivision
2
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
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 P-13019 and voted 7:0 to recommend approval of the preliminary plat
application for Lot 4, COS 35-C, containing approximately 5.01-acres, into nine (9) residential single-household lots, two (2) open space lots, and parkland subject to the following conditions:
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. The subdivider
shall incorporate a property owner’s association (POA) for maintenance of all common
open space, storm water facilities, trails, boulevard sidewalks, and boulevard landscape
with each parcel having its own description like open space parcel A which corresponds to
the labels on the plat face. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The final plat shall contain the
appropriate Certificate of Transfer of Ownership & Completion of Non Public
Improvements, as approved by the City, and maintenance by the property owner’s
association for all common open space areas, trails, storm water facilities, boulevard
sidewalks and boulevard landscape, etc.
3. The final plat application for the subdivision shall include typical cross sections for each
storm water facility in relation to adjacent subdivision improvements and physical features
(i.e., Middle Creek Ditch watercourse, Good Medicine Way), plans verifying placement of
the facility only in Zone II of the watercourse setback, typical landscape and grading details
for each storm water facility, and landscape plans for each facility outlet. The cross sections shall be approved by the city prior to final plat approval.
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The Amended Plat of Lot 3 & 4, Block 3, Phase 1A, Loyal Garden Subdivision
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4. 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.
5. All water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent.
6. Street cut permits shall be obtained for all work performed for the water and sewer service
line taps.
7. South Third Avenue shall be returned to an acceptable condition once the water and sewer
service line taps have been completed.
DATED THIS DAY OF , 2013 Resolution #P-13019
_____________________________ ____________________________
Tom Rogers, AICP Erik Garberg, Chairperson
Department of Community Development City of Bozeman Planning Board
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