HomeMy WebLinkAboutWestbrook Subdivision Preliminary Plat to subdivide P13047Page 1 of 42
P13047, Staff Report for the Westbrook Subdivision
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Public Hearing Date: Planning Board public hearing is on March 18, 2014
City Commission public hearing is on April 14, 2014
Project Description: A preliminary plat for a four-phase major subdivision to subdivide
33.5685 acres into 62 single-household residential lots, 1 multi-household lot (potentially
to be rezoned to high-density residential, R-4), streets, open space and related site
improvements. The application includes requests for variances from four sections of the
Bozeman Municipal Code related to Access, Parkland Frontage, Lot Depth and Block
Length.
Project Location: North of Durston Road, east of Laurel Parkway, south of Annie Street, legally
described as an Amended Plat of Lot 2A, Minor Subdivision 201A, located in the S ½ of
Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P13047 and move to approve variances to Section
38.27.060.A to allow parkland with less than 50% of its perimeter fronting public streets,
to Section 38.23.040 to allow a block length greater than 400 feet for Lot 1, Block 5, and
to approve the Subdivision with conditions and subject to all applicable code provisions.
Report Date: April 2, 2014
Staff Contact: Chris Saunders, Policy and Planning Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1. Correction of identified traffic issues will require participation by the City and other nearby
private development. This is greater than the scope of this individual project. This project has
been conditioned to participate in the correction of the problems. See page 23, Streets, for
discussion. The traffic study for this project shows that the intersection of Durston Road and
Cottonwood Road does not meet the required level of service at this time.
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2. Per the request of Montana Fish Wildlife and Parks (FWP), should a condition be drafted to
require that a bridge rather than culverts be used to cross Baxter Creek for the east-west trail. See
page 24-26, Parklands, for discussion.
Project Summary
The application is to subdivide 33.5685 acres to create 62 single-household residential lots, l
multi-household lot, streets, open space and related site improvements in four phases. A total of
3.8313 acres of parkland is being provided.
Four variances were requested as part of this application. The variances are:
1) Section 38.24.090.D.3 (Access) to allow a local street intersection to be located closer than
normally permitted to Durston Road,
2) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its
perimeter fronting public streets,
3) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three
times its width, and
4) Section 38.23.040 (Block Length) to allow blocks (Block 5, Lot 1 and Blocks 1-4) with a
length greater than 400 feet.
Analysis for each variance is provided in Section 6. Staff has determined that requested
variances 1 and 3 are not required and these issues can be addressed through other means.
Therefore, action on these variances is not included in the recommended motion on page 1.
Alternatives
1) Approve the subdivision as conditioned in the staff report.
2) Approve the subdivision with alternative conditions as developed by the City Commission.
3) Approve the subdivision without the requested variances and with conditions to require
compliance with the sections from which the variances are requested.
3) After making findings in support of denial, deny the subdivision.
Planning Board Meeting March 18, 2014 Supplement
The Planning Board held a public hearing on this subdivision on March 18, 2014. No public
comment was received at the public hearing. The Planning Board, on a vote of 7-1,
recommended approval of the subdivision including the two variances. No conditions were
added, removed, or modified. A video recording is available at the link below.
http://www.avcaptureall.com/Sessions.aspx#session.2aa9a844-78f1-4e6d-bfd4-96377a1554da
The Planning Board meeting begins at time stamp 1:12:23 as the recording also includes the
preceding Zoning Commission meeting. The public hearing for this project begins at 1:14:45.
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The application material for this subdivision is available through the City’s web archive. Links to
files are provided in the Attachments section of this report.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Planning Board Meeting March 18, 2014 Supplement ....................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS............................................. 11
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 17
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 18
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 19
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 19
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 23
Preliminary Plat Supplements ........................................................................................... 27
Variance Review Criteria, Section 38.35.060, BMC ........................................................ 31
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 36
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 39
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 40
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 40
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 41
FISCAL EFFECTS ....................................................................................................................... 41
ATTACHMENTS ......................................................................................................................... 41
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SECTION 1 - MAP SERIES
Map of the Proposed Subdivision showing phase boundaries
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Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
The following land uses and zoning are adjacent to the subject property:
North: Boulder Creek Subdivision [pending review at this time] zoned R-2 (Residential Two-
Household Medium Density District), R-4 (Residential High Density District) and PLI (Public
Lands and Institutions District), vacant
South: Undeveloped land zoned R-1 (Residential Single-Household Low Density District) and
Bronken Park zoned PLI
East: Traditions Subdivision zoned R-3 (Residential Medium Density District), residential
condominiums
West: Laurel Glen Subdivision, zoned R-1, R-2 and B-1 (Neighborhood Business District),
single household and multi-household residences and vacant.
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Vicinity Map from Growth Policy Figure 3-1, project area is outlined in blue
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Existing Water and Sewer Mains
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Vicinity Water Features
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Vicinity Map of Parkland
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Map of Deficient Intersections and Missing Road Links
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SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS
Relaxations/variances have been requested from the following sections. A description is included
in the Plat Supplements section of the application. Variance one is not a true variance but rather a
request for relaxation to an engineering standard. At this point in time, Engineering has no
objection to the request. Staff discovered the need to consider a possible variance to block
length for Blocks 1-4 during review of the application.
1) Section 38.24.090.D.3 (Access) to allow a local street intersection closer than normally
permitted to Durston Rd. This is an Engineering review item and not a variance.
2) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its
perimeter fronting public streets
3) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than
three times its width
4) Section 38.23.040 (Block Length) to allow blocks (Block 5, Lot 1 and Blocks 1-4) with a
length greater than 400 feet
The analyses of the variance requests are contained in Section 6.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the subdivision.
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. All common open spaces shall be clearly designated on the plat with sequential
incrementors such as Common Open Space A, Common Open Space B, etc. All references
within covenants, application materials, etc shall clearly refer to the identified spaces.
3. The final plat shall include a transfer of private improvements certificate to read
substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC
IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcels designated
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with letters A, B, C, D, E, F, G and H. Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the
same. I, (Subdivider), hereby further certify that the following non-public
improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith,
have been installed in conformance with any approved plans and specifications
prepared in accordance with the standards of Chapter 38 or other City design
standards, or have been financially guaranteed and are covered by the subdivision
improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
4. The traffic impact study submitted with this major subdivision application demonstrates that the intersection of Durston Rd. and Cottonwood Rd. is currently operating at LOS F at PM
Peak and therefore does not operate at an acceptable level of service. Section 38.24.060.B.4,
BMC outlines the requirements for operating levels of service for arterial and collector
intersections. No development may occur until Section 38.24.060.B.4 is adequately
addressed. The Westbrook Subdivision will proportionately contribute to the local share of the costs to correct the deficiency in service.
5. Section 38.27.020, BMC “Park Area and Open Space Requirements” - Based on the
proposed 63 residential lots being created for the purposes of 62 single household detached
dwellings and 1 multi-household lot, the following is required:
a. 62 single household lots: .03 acres per dwelling of dedicated parkland or 1.86 acres of parkland;
b. One multi-household lot: 5.4111 acres x 8 dwelling unit per acre x .03 acre or
1.2987 acres of parkland, for a total of 3.1587 acres of parkland.
c. Per Section 38.27.060 the required additional land has been proposed as needed to
offset the lack of frontage on the park. However a parking area must be constructed or alternative improvements to an equal value shall be installed. The
final park master plan shall describe in detail the means by which these additional
improvements shall be provided.
Any proposed public parklands for the residential development may not be located in the
water course setback or associated wetlands.
6. The public park area for all phases shall be provided as a public park easement with the final
plat of the first phase of the Westbrook Subdivision. The easement boundaries and area shall
correspond with the approved park layout and park master plan.
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7. The sewer line depicted as crossing the proposed park shall be rerouted to not impact the
park. It is the preference of the City to locate all water/sewer mains within the alignment of
public streets and alleys. The proposed 8” sanitary sewer main running north through the
public park should be relocated to be aligned within Laurel Parkway. The City Engineer may approve an alternate route if the applicant can demonstrate no other viable alternative route
exists.
8. The pedestrian walk depicted on Blocks 1 -4 shall be constructed to City standards of
Section 38.23.040 and located in a 30-foot wide public access easement as proffered on the
preliminary plat in the common open spaces. The maintenance of the walk shall be an obligation of the property owners association. Design and final location shall be included in
the plans and specifications for the public infrastructure.
9. The proposed watercourse planting and north-south trail shall be installed not later than the
submittal to the City of the review documents for the final plat of phase 2 of the Westbrook
Subdivision. Prior to proceeding with construction of the public trail the applicant shall have a pre-construction meeting with the Department of Recreation and Parks.
10. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter development
streets and adjacent to public parks or other open space areas in each phase is required prior
to the final plat application of that phase in accordance with the requirements of Section 38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing
pedestrian walks in Blocks 1-4.
11. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Westbrook Property
Owner’s Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be
maintained by the Westbrook Property Owner’s Association. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the
City Commission pursuant to Section 38.38.030.A.5, BMC.
12. The property owner’s association documents for this subdivision shall be drafted such that the entirety of the property being subdivided in all phases is subject to the obligations of
park and open space maintenance with the recording of the final plat of the first phase.
13. The final plat, property owner’s association documents (POA), and park master plan may
not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA,
etc. unless the applicant intends to dedicate them as public parkland within the subdivision.
14. Fences located in the front, side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas.
Proposed fencing shall conform to Section 38.23.130 “Fences, Walls and Hedges.” This
requirement with appropriate exhibits of fence types shall be addressed and illustrated in the
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property owner’s association documents. The documents shall include a single fence style
acceptable to the City for locations fronting any public park.
15. A clear physical delineation shall be provided along the property line between the proposed
park and the adjacent private lots. Fencing or vegetation may be used with any items located within the proposed park to be included in the final park master plan.
16. The definition for “parks” in the property owner’s association (POA) documents shall not
include reference to any lands being conveyed to the City of Bozeman or reference to
“Public Park”, unless it is public parkland being dedicated with this major subdivision.
17. As mitigation for the requested variance to block length, Glenwood Lane shall be extended into Lot 1, Block 5 by either easement or dedication for a distance of not less than 75 feet.
18. As mitigation for the requested variance to block length, the existing pedestrian connection
presently terminated at the east property line of Lot 2A and located in Park 8 between lots 4
and 5, Block 8, Traditions subdivision shall be extended to connect to the proposed trail
located in the open space and shall be connected to Glenwood Lane west of Baxter Creek. A public access easement for the pedestrian connection shall be provided in accordance with
Section 38.27.110, BMC. Prior to proceeding with construction of the public trail the
applicant shall have a pre-construction meeting with the Department of Recreation and
Parks.
a. Construction of the trail connection between Glenwood Lane west of Baxter Creek and the north-south trail shall be completed no later than submittal to the
City of the review documents for final plat of Phase 2 of the Westbrook
Subdivision.
b. Connection between the north-south trail and Park 8 shall be by public access
easement and a constructed surface to be determined at the time of development of the proposed Lot 1, Block 5, Westbrook Subdivision. The connection shall
connect the proposed north-south public access trail to Rosa Way. A notice of this
obligation shall be recorded with the filing of the final plat for Lot 1, Block 5,
Westbrook Subdivision.
19. The documents required by Section 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 Planning Office and shall
contain, but not be limited to the following items: 1) the orientation and setbacks for corner
lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and
minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff
facilities, 5) guidelines that outline architectural and landscape requirements if any for each
individual lot and/or phase of the subdivision, including placement of boulevard trees at a
regular spacing for each residential lot, 6) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with
established floor elevations and “no basement restriction”, 9) noxious weed control, 10)
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parking within residential structures, and 11) assessment of existing and future Special
Improvement Districts.
20. Section 38.23.070 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.
21. The proposed development had previously addressed sewer capacity with dependence on the
area lift station. Design calculations shall be provided to verify the new density of the subdivision does not exceed what was previously accounted for.
22. The property owners dependent on the sewage lift station shall be responsible for financing
the costs of its operation and maintenance. Maintenance shall be provided by the City.
23. Upon availability of service, any existing residence/business on the property must be
connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells
presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
24. Section 38.23.060.c specifies any easements needed for the water and sewer main extensions
shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be
less than 10 feet from the edge of the easement. All necessary easements shall be provided
prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer
mains are not located under or accessed from improved streets, a 12 foot wide all weather
access drive shall be constructed above the utilities to provide necessary access.
25. Street names must be approved by the City Engineer and Gallatin County road office prior to
final plat approval.
26. Proposed typical section for streets for this development shall be provided prior to review of
plans and specifications and final plat approval.
27. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Durston Road.
28. The sidewalk along Durston Road frontage shall be installed with the first phase and may
not be financially guaranteed. The sidewalks on Durston must be 6’ wide and 6” thick.
29. All public street lights shall use LED light emitters.
30. A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the
submittal of the final plat for review.
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31. Secondary accesses will be required with each individual phase of this development as the
project proceeds from one phase to the next.
32. Road geometry should meet the criteria in the City of Bozeman design standards unless a
deviation can be justified. Some of the intersections do not meet the standards as currently shown.
33. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
34. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
35. 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 infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
36. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
e. Signalization of the intersection of Laurel Parkway and Durston Road.
f. Signalization of the intersection of Cottonwood Road and Durston Road.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
37. That the final plat contain the following language that is readily visible with lettering, at a
minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by
Community Development:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or other structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. The finish floor
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of all residential structures shall be not less than two (2) feet above the established elevation
from the top of curb of the adjoining street.”
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. 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.
B. 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.
C. All street and alley intersections should meet the spacing criteria in section 38.24.090.D,
BMC unless a deviation can be justified. The information required by 38.24.090.H,
BMC must be submitted to support any spacing deviation request.
D. 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.
E. 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.
F. 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.
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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.
G. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer. 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.
H. Section 38.27.090, BMC “Waiver of Park Maintenance District” – Prior to final plat
approval executed waivers of right to protest the creation of special improvement districts
(SIDs) for a park maintenance district will be required to be filed and of record with the
Gallatin County Clerk and Recorder, unless already filed with annexation.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Westbrook Subdivision preliminary plat
File: P13047
The Development Review Committee (DRC) held meetings on February 19, February 26, and
March 4, 2014 to consider the subdivision. The DRC found that the application is sufficient for
review and recommends approval with conditions to the Planning Board and City Commission
on the subdivision.
The Recreation and Parks Advisory Board subdivision review committee considered the
proposed park master plan and park dedication at their meeting on March 7, 2014. They
recommend favorably with the conditions as outlined by Staff in this report.
The Planning Board will conduct a public hearing on the subdivision and make a
recommendation to the City Commission. The hearing date for the Planning Board is March 18,
2014 at 7 pm at 121 N. Rouse Avenue, City Hall. The Planning Board held its public hearing on
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March 18, 2014. No public comment was received. The Planning Board recommended approval
of the project with conditions as proposed by staff by a vote of 7-1.
The City Commission will make the final decision on this subdivision application. The hearing
date for the City Commission is April 14, 2014, 6 pm at 121 N. Rouse Avenue, City Hall.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
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. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
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 subject property has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, the
plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and
Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and
approval by City staff.
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 Chapter 38, BMC,
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 following requirements are standards of the UDC and shall be addressed with the final plat
application:
a. Pursuant to Section 38.03.040.A, BMC, conditional approval of the preliminary plat shall
be in force for not more than three years for multi-phased major subdivisions. As a multi-phased
subdivision, conditional approval of the preliminary plat for the Westbrook Major Subdivision
shall in be force for three years. Prior to that expiration date, the developer may submit a letter of
request for the extension of the period to the Director of Community Development with each
request considered on its individual merits and consideration of the criteria provided in
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38.03.040.A, BMC.
b. Final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110, BMC.
c. Section 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.
d. Section 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, 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.
e. Section 38.23.120, BMC - If mail service 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.
f. Section 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. The
right of way 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.
g. Section 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.
h. Section 38.38.020, BMC 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)
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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 maintenance provisions including landscape details and maintenance provisions
for boulevard irrigation and trees, 4) noxious weed control, 5) parking within residential
structures, and 6) 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.
i. Section 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.
j. Section 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.”
k. Section 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.
l. 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.
m. 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.
n. 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.
o. The developer shall make arrangements with the City Engineer's office to provide
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addresses for all individual lots in the subdivision prior to filing of the final plat.
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.
4) Compliance with Chapter 38, BMC and other relevant regulations
The applicant is requesting variances from four sections of the UDC. Specifically, the requested
variances are from:
1) Section 38.24.090.D.3 (Access) to allow a local street intersection to be closer than normally
allowed to Durston Rd.,
2) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its
perimeter fronting public streets,
3) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three
times its width, and
4) Section 38.23.040 (Block Length) to allow a block (Block 5, Lot 1) with a length greater than
400 feet.
Beyond these variance requests, based on review of the DRC, the RPAB and the Department of
Community Development, all applicable regulations appear to be met when all proposed
conditions and code requirements are met. Pertinent code provisions and site specific
requirements are included in this report for Planning Board and 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 2 above and required by 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
The proposed lots meet the minimum lot width and frontage requirements. In addition, the lots
will gain access from frontage on internal local streets. The final plat shall include a public
access easement for all areas labeled as common open space. All streets are proposed to be
dedicated to the public. A change to non-dedicated streets would be a material change to the
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subdivision and require additional review before final plat approval could be granted.
Primary Subdivision Review Criteria, Section 76-3-608
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 has not been in
agricultural production for many years. Therefore, this subdivision will not have adverse effects
on agriculture.
2) The effect on Agricultural water user facilities
Any alterations to the watercourse with road and utility construction will be done so that any
potential downstream water rights are not diminished and/or impaired. By law the subdivision of
this property cannot damage downstream water users. No ditches are known to be present on the
site therefore no ditch easements are depicted on the plat. Baxter Creek, as a natural occurring
watercourse, even supplemented with water for irrigation conveyance, remains under the
jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District. Necessary
permits for stream crossings have been applied for and must be obtained before beginning any
modification to the stream.
3) The effect on Local services
Water/Sewer – Westbrook subdivision will connect to the existing water distribution and sewage
collection systems. The subdivision will be served by existing 8” sewer mains located on Annie
Street, Laurel Parkway and Oak Street. The existing mains flow to the west and north,
respectively, to an existing lift station on Oak Street installed with Laurel Glen Phase 1. The lift
station was sized to handle all phases of Laurel Glen and Westbrook. Sewage will be conveyed
to and treated at the wastewater treatment plant located at Moss Bridge and Springhill Roads.
The extension of Annie Street on the northern border will also enable a second main connection
in the water system. This second connection is a substantial improvement in safety of supply to
the existing Laurel Glen development to the west as it reduces the possibility that the area can be
cut off from service.
Streets – Access to the subdivision is provided from Durston Road (Arterial), Laurel Parkway
(Collector), both existing streets, and Annie Street, which will be extended to create a connection
between segments of roadway in Laurel Glen to the west and in Traditions to the east. Annie
Street will divide the proposed Boulder Creek subdivision to the north from the subject site and
will be constructed to the same specifications as the existing endpoints. Access to Lot 1, Block 5
will also be provided by Glenwood Drive from the east as well as from Annie Street.
Adjacent roadways included for analysis in the applicant’s traffic impact study are Cottonwood
Road and Flanders Mill Road. The traffic impact study identified that the intersection of Durston
Road and Cottonwood Road is currently operating at LOS F at PM Peak. The anticipated trip
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generation impacts of this subdivision and Boulder Creek subdivision will further degrade this
intersection. The developer of this subdivision and the Boulder Creek subdivision will
contribute to improvements of this intersection. The study recommends several options
including adding a four-way stop or a four-way stop in combination with a left turn lane for
westbound traffic. Another option is installing a roundabout at this intersection. Other roadways
and intersections are expected to continue to function at acceptable levels of service and thus no
other improvements are proposed.
The required improvements to the intersection of Durston/Cottonwood are larger than can be
attributed to this development. The City has obtained waivers from other developments in the
area for participation in special improvement districts which can help fund required
improvements. Condition 36 requires waivers of right to protest creation of SIDs for various
improvements at locations affected by this development. The City has also listed the intersection
as well as expansion of Cottonwood Road and Durston Road as impact fee eligible
improvements.
At this time there is not a designed project or a specified funding package to complete the
required work. The applicant is encouraged to participate in the development of the design and
funding packages to expedite progress. Two other subdivisions are either in review or expected
shortly which will require the same improvements to be completed in order to proceed. To
protect the public safety, necessary improvements must be installed prior to final plat.
Variances to the Unified Development Code, BMC have been requested from Section
38.23.040.B “Block Length” to exceed the maximum block length of 400 feet for Block 5, Lot 1.
See the variance review section of this report for discussion on the variance.
As part of the street infrastructure lighting must be installed. The physical installation of the
lights is done by the developer. A special improvement lighting district is formed to provide for
the maintenance and operation of the lights over time. Conditions 29 and 30 address lighting.
Condition 29 requires the use of LED lighting fixtures. This does not modify the pole heights or
similar physical performance features. LED street light fixtures have been tested by the City and
found to have better performance with lower power consumption and less frequent failures and
required maintenance than the standard lights. Therefore, as the residents of the subdivision will
be responsible for paying for the ongoing expenses of the lighting, it is appropriate for the City to
ensure that the most efficient and best performing lighting is installed to reduce ongoing costs
and ensure that the level of service is maintained.
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
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the infrastructure plan and specification review process prior to final plat approval. The required
detention ponds are within common open spaces to be owned by the proposed homeowners
association.
Parklands – The applicant submitted a master park plan for this project. The Westbrook Master
Park Plan is comprised of three major components: dedicated park areas, open space areas and a
trail network. A variance for less than required park frontage has been requested. The required
parkland calculation is as follows:
62 single-household lots x .03 acres per lot = 1.86 acres; and
1 multi-household lot @ 5.411 acres x 8 du/acre x .03 acre per dwelling unit = 1.2987 acres, for
a total minimum required parkland acreage of 3.1587 acres. The applicant is providing an
additional 0.6726 acres for a total of 3.8313 acres. The additional acreage is required per Section
38.27.060 to off-set the reduction of vehicle parking that would have been along the frontage.
The less than 50% of street frontage is due to the presence of lots along the southern side of the
park and a large common open space protecting Baxter Creek along the east and north sides.
Staff is supportive of the variance as discussed under the variance review section of this report.
Condition 5 requires completion of additional mitigation of the removal of parking
improvements. The Recreation and Parks Advisory Board subdivision committee (RPAB)
accepts the proposed condition and suggests additional investment within the park rather than
construction of a parking lot.
The proposed park is located in the NW corner of the development and in the fourth phase. The
applicant must show compliance with the parkland dedication requirements with each phase.
Therefore, Condition 6 requires that with the first final plat the entire park area shall be
established by a public park easement. Each phase will then have assurance that the final park
land required will be provided as needed. Improvements to park frontage and internal
configuration will proceed according to the development of the adjacent phasing.
A trail is planned for the east side of Baxter Creek, as part of Phase 2. A 30-foot wide public
access easement is also planned to run north to south through the subdivision and connect to the
park, which will be located at the northwest corner of the development. As mitigation for a
variance to allow greater block length for Lot 1, Block 5 Condition 18 requires installation of an
east to west trail connection. Without the connection there is a one-quarter mile barrier created
by the extended block length. The condition will also link the proposed trail to existing park
facilities in adjacent subdivisions. The condition addresses timing of installation of the required
trail and the proffered trail. Condition 9 requires the installation of the north-south trail with
phase 2 which is the phase which creates the common open space tract and lot through which the
trail passes. Montana FWP has requested that bridges be used to cross the stream rather than
culverts.
The proposed park layout has private parcels along its southern boundary. There is a tendency
for private use to encroach into the park land over time. The RPAB has requested and Staff has
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drafted Condition 15 to ensure that the boundary is clearly delineated. Condition 14 requires that
a common fencing style be adopted by the developer for areas adjacent to the public park and
common spaces. This provides for more consistent ability to install and maintain the fence and
provides a more pleasant appearance to the public spaces. The condition does not mandate a
particular style of fencing.
Conditions 11, 12, 13, 16, and 19 address the property owner’s association documentation. In
order to have clarity of responsibility, equity of assessed costs, adequate provision of
maintenance to public parks and private open spaces, and to avoid future conflicts the City is
requiring that the owner’s association for all phases be established with the first final plat. The
association can be structured such that proportional contribution to costs is made as each phase is
constructed and receives final plat. The City has experienced several failed multi-phase
subdivisions which had inadequate owner’s association structure. To avoid possibility of similar
associated problems the City is requiring a more proactive approach with this development.
4) The effect on the Natural environment
With exception to the Baxter Creek water course and associated wetlands, no significant physical
or topographical features have been identified (i.e., outcroppings, geological formations, steep
slopes). Any mitigation and enhancement of wetlands will occur only with the approval of 310
and/or 404 Permits from the Gallatin County Conservation District and Army Corp of Engineers.
A 404 permit was issued to Laurel Glen Phases 3 & 4, which was never developed (now
Westbrook after sold to current owner) in 2008. The applicant applied for a new 310 permit,
which was issued in December 2013 and was granted a modification and extension of the 404
permit also in December 2013. Groundwater quality will be protected by the installation of
municipal sanitary sewer services and appropriate measures are proposed by the developer with
residential construction. Provisions have been discussed in the applicant’s submittal to address
the control of noxious weeds and maintenance of common open space areas, and will be further
addressed with the protective covenants and compliance with the recommended conditions of
approval. Some large existing trees will be removed and new plantings will be placed in the
Baxter Creek watercourse. Condition 9 requires that the watercourse plantings occur not later
than phase 2 which is the phase which will create the common open space parcel surrounding the
watercourse.
5) The effect on Wildlife and wildlife habitat
According to the Montana Department of Fish, Wildlife and Parks (FWP), there are several large
cottonwood trees on the property (located generally in the south-central area). These
cottonwoods should be maintained to continue to provide perching, nesting and foraging for
raptors. Beyond these concerns, FWP has not identified any known endangered species or
critical game ranges on the site. Other species such as white-tailed deer, pheasants, foxes and
ground squirrels might be present and displaced, but these are not population-level concerns.
Two other primary concerns were addressed. The first one is related to the avoidance of impacts
to fish and to surface waters via pollution from homes, utilities and infrastructure, etc., including
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avoidance of disturbance of riparian and wetland vegetation. The second is a concern regarding
preventing localized stream disturbances during construction. FWP prefers the installation of
bridges in lieu of culverts for crossings.
Two stream crossings are proposed, the installation of Annie Street and a pedestrian trail
crossing at approximately the north/south midpoint over Baxter Creek. The installation of a
bridge on a public street involves the Gallatin County Road and Bridge Department. All local
street bridges, even within the City, are under the County’s jurisdiction. The installation of a
bridge within the common open space should be coordinated with the City’s Parks division
during the plan and specification review for the trail work.
If the Commission wishes to have a bridge rather than a culvert a specific condition of approval
should be applied to the project. The applicants have begun the necessary permitting process to
receive approval for installation of culverts.
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
result, the DRC 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 February 27, 2013 and
comments formally transmitted on March 1, 2013. 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
Baxter Creek is an existing surface water on the property. The Montana FWP designate the
Border-Baxter Ditch as a stream with associated wetlands. As a result, any activity within the
identified watercourse and/or wetlands area will require applicable Section 310 and 404 Permits,
which have been obtained by the applicant. The Department commented on this development
noting the subdivision should have negligible effects to wildlife and wildlife habitat, but
identified measures for future development to protect raptor nesting and perching stands in the
area. The Department emphasized concerns with avoiding the disturbance of existing riparian or
wetland vegetation, pollutants from storm water runoff, and localized stream disturbances during
construction
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38.41.060.A.2 Floodplains
The subject property is located in panel 30031C0803D, which is a non-printed panel, as a “No
Special Flood Hazard Area” per FEMA. However, these areas sometimes are not mapped or
studied to any great detail. As Baxter Creek flows through this property, a floodplain analysis
was performed by Allied Engineering and approved by the City of Bozeman Engineering
Department for all phases of Westbrook Subdivision. A floodplain delineation with lot layout
was provided with the application that depicts that no lots are located in the 100-year designated
areas.
38.41.060.A.3 Groundwater
Soils reports and information from the Natural Resources Conservation Service were utilized to
determine and confirm the seasonal water depths on the site. Approximately half of the site
contains soils that typically have high water tables extending within one to four feet of the
surface. The other half are covered with soils that have estimated high groundwater tables of at
least six feet or below. A geo-technical report presents detailed recommendations for site
development in shallow groundwater environments. Condition 37 requires an advisory note
regarding the presence of high groundwater.
38.41.060.A.4 Geology, Soils and Slopes
The subject property is characterized as flat sloping topography (1.0% to 1.5%), upland terrain
and shallow gravelly soils and thus no geologic hazards or great slopes. The soils represented
are: 748A—Hyalite-Beaverton complex, 0 to 4 percent slopes, 537A—Lamoose silt loam, 0 to 2
percent slopes (these two being the areas where the lots are proposed), 457A—Turner loam,
moderately wet, 0 to 2 percent slopes, 509B—Enbar loam, 0 to 4 percent slopes (open space
areas east of Baxter Creek), 453B—Amsterdam-Quagle silt loams, 0 to 4 percent slopes (area
adjacent to roundabout), and 448A—Hyalite-Beaverton complex, moderately wet, 0 to 2 percent
slopes (wetland mitigation area in northeast area of property). 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
Two critical plant species were identified by the Montana Natural Heritage Program as being
located within the Section, Township and Range. According to the applicant, any occurrences of
these species will not be disturbed during development activities.
38.41.060.A.6 Wildlife
Vaughn Environmental Services conducted a field investigation that revealed little or no wildlife
signs on areas of the property near the Baxter Ditch or the depressional wetland. However, as
noted earlier in this report, the Montana FWP has concerns regarding a stand of mature
cottonwoods in the south central area of the site that provide perching and nesting sites for
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raptors and wish these trees to be retained. It is anticipated that the addition of woody plant
materials with the required watercourse plantings will improve habitat for small animals and
birds.
38.41.060.A.7 Historical Features
The Montana Historical Society has indicated that there are several structures over 50 years old on the south central portion of the property (proposed Lots 10 & 11). The notation on the
preliminary plat depicts that the existing house will remain on Lot 10. Any structure over 50
years old is eligible for listing on the National Register of Historic Places. Per the Montana
Historical Society’s request, the applicant has provided a cultural resource inventory. The applicant proposes to retain the existing home on proposed Lot 11, Block 1. Outbuildings will be removed. The area is outside of the City’s historic preservation regulations which are focused on
the Neighborhood Conservation Overlay.
38.41.060.A.8 Agriculture
Due to fractured ownership of the surrounding properties and encroaching development, the site is no longer considered a viable farming unit. See also discussion above under the primary
review criteria.
38.41.060.A.9 Agricultural Water User Facilities
Baxter Creek originates less than 3 miles south of the subject property in Section 22, Township 2
South, Range 5 East and flows approximately 1.4 miles north where it is intercepted by Farmers
Canal. Baxter Creek flows again downstream of ponds located near the intersection of Huffine
Lane and Cottonwood Road in Section 16, Township 2 South, Range 5 East and is supplemented
by irrigation water from Farmers Canal. Baxter Creek continues northward through the subject
property and eventually discharges to Hyalite Creek approximately 5.6 miles north in Section 8,
Township 1 South, Range 5 East. Baxter Creek carries water for private water rights users and
shareholders of the Farmers Canal Company. Downstream water users include irrigation, stock
water, recreation, commercial, fish and wildlife. Baxter Creek, as a natural occurring
watercourse, even supplemented with water for irrigation conveyance, remains under the
jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District. Necessary
permits for stream crossings have been applied for and must be obtained before beginning any
modification to the stream.
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. Approval by the Engineering Department, Superintendent of
Water/Sewer, and Montana Department of Environmental Quality is required.
38.41.060.A.11 Stormwater Management
Stormwater from the subdivision will be conveyed to multiple stormwater detention/retention
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ponds on site, which are depicted on the submitted drainage plan. Completion of the stormwater
plan and issuance of a stormwater permit before disturbance of any soil is required by ordinance
and Code Requirement F and G.
38.41.060.A.12 Streets, Roads and Alleys
The proposed subdivision is bound by Durston Road (minor arterial) to the south, Laurel
Parkway (collector) to the west and the proposed extension of Annie Street (local) to the north.
Durston Road was constructed with Laurel Glen Subdivision Phase 1 with two 13-foot wide
drive aisles and a 5-foot wide bike path. A city standard sidewalk will be installed on the north
side. This subdivision will construct Annie Street to the same specifications as the segment of
Annie Street in Laurel Glen. All local streets will be constructed to city standards. Installation of
the sidewalk along Durston Road will provide a needed safe route to the recently constructed
Meadowlark Elementary School to the east. Condition 28 requires installation of a standard
arterial sidewalk with the first phase of the development. Due to the need to provide a safe route
to the local elementary school the sidewalk must be installed and not financially guaranteed so
that the work is in place as soon as the first occupant moves in. The sidewalk is an important
missing link between two existing subdivisions and the students traveling to the school.
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
The Bozeman School District’s review comments indicate that the proposed development would
generate 18 Pre-K through 5th grade students, 9 6th through 8th grade students and 12 9th through
12th grade students. These students could be accommodated in Meadowlark Elementary, Chief
Joseph Middle and Bozeman High Schools respectively, and that the existing bus service is
adequate to serve these students. Infrastructure, such as sidewalks, should be installed for the
entire project irrespective of when actual homes are developed to provide a Safe Route to School
pathway for students to safely traverse the developed and existing roadways.
38.41.060.A.15 Land Use
The 63 lot subdivision is planned for single-household (62 lots) and multi-household residences
(1 lot). The portion of the property proposed for the single-household lots is zoned R-1 and R-2,
which is consistent with the uses allowed in those zoning districts. The portion of the property
proposed for the multi-household lot is currently zoned R-3, but the applicant has requested a
zone map change to R-4 to facilitate higher density development. The configuration of the lot
for multi-household is acceptable under either zoning district.
38.41.060.A.16 Parks and Recreation Facilities
The applicant submitted a park master plan for the subdivision. The proposed parkland area is
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located in the northwest corner of the property and is 3.8311 acres in size. The plan includes a
public access trail which connects the single-household lots to the park. To the east of Baxter
Creek is another public access trail that will be connected to the public access trail through the
proposed park via a public sidewalk on Annie Street. The applicant is requesting a variance to
Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its perimeter
fronting public streets. Please see the discussion above under the primary review criteria.
38.41.060.A.17 Neighborhood Center Plan
Between this subdivision and the proposed adjacent subdivision Boulder Creek, the applicant has
provided a 7.88 acre park space to serve as the neighborhood center for both this subdivision and
Boulder Creek. The location is adequate to meet the required standards.
38.41.060.A.18 Lighting Plan
The applicant’s proposed lighting plan is provided in Section 6 of the preliminary plat submittal
materials. Street lights are proposed at the intersections of arterial streets. A Street Light
Improvements District (SLID) will be created in cooperation with Northwestern Energy and the
City of Bozeman for financing installation, maintenance and electrical costs. See also the
discussion under the primary review criteria above.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article
10.08, BMC, has been suspended by the City Commission.
Variance Review Criteria, Section 38.35.060, BMC
The applicant requested four variances as part of this subdivision application. One of the
variances requested, Section 38.24.090.D.3, BMC (Access) to allow a local street intersection
within 150 feet of Durston Rd, is not a true variance but rather an Engineering Division review.
At this point in time, Engineering has no objection to the request. Therefore, no analysis is
required. The applicant will need to provide the required information as part of the plans and
specifications review for infrastructure as described in Code Requirement C.
The City has two forms of variances, those for subdivision standards and those for zoning
standards. Section 38.35.010, BMC describes when those two apply respectively. In this
circumstance, the requested variances are related to zoning standards and therefore the zoning
variance criteria apply. Zoning variance criteria are set forth in Section 38.35.060, BMC.
The zoning variances requested are:
1) Section 38.27.060.A, BMC (Parkland Frontage) to allow parkland with less than 50% of
its perimeter fronting public streets
2) Section 38.23.030.F, BMC (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth
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greater than three times its width
3) Section 38.23.040, BMC (Block Length) to allow blocks (Block 5, Lot 1 and Blocks 1-4)
with a length greater than 400 feet.
Variance Request 1) The request is to allow parkland with less than 50% of its perimeter
fronting public streets. The Westbrook Master Park Plan is comprised of three major
components: dedicated park areas, open space areas and a trail network.
The applicant is providing more than the minimum acreage for dedicated park based on the
number of expected homes. The additional acreage is required per Section 38.27.060 to off-set
the reduction in available vehicle parking that would have been along the frontage. The less than
50% street frontage is due to the presence of lots along the southern side of the park and a large
common open space protecting Baxter Creek along the east and north sides.
The proposed park is located in the northwest corner of the development. Several conditions
have been established regarding parks which are presented in Section 3 of this report. The
proposed dedicated park has a total perimeter of 1,736.13 feet. Of that perimeter 634.3 feet,
36.5%, are adjacent to a public right of way. Of that perimeter 531.6 feet, 30.6%, are adjacent to
the private common open space along Baxter Creek. The requirement for street frontage does not
apply to private common open space. The northern boundary of the park is adjacent to Annie
Street. Baxter Creek turns to the northwest which shapes the park and substantially reduces the
street frontage by approximately 360 feet. A wetlands mitigation site is located northeast of
Baxter Creek which constrains access from that direction. If the watercourse area were added to
the existing street frontage there would be 57% street frontage. The City’s regulations generally
discourage dedication of watercourses as parkland due to the difficulty of the maintenance by the
Parks Department.
Condition 5 requires completion of additional mitigation of the removal of parking
improvements. Such additional mitigation is required by Section 38.27.060, BMC. The
Recreation and Parks Advisory Board subdivision committee (RPAB) accepts the proposed
condition and suggests additional investment within the park rather than construction of a
parking lot. The RPAB would prefer removal of the lots from Block 4 which would create
additional frontage.
The city shall not approve variances unless it makes findings based upon the evidence presented
in each specific case that:
Review criterion 1. Will not be contrary to and will serve the public interest;
The municipal code provides a variety of alternatives to address the provision of street frontage
for parks. There is a public benefit in having visual and physical access to the public parks. The
present design provides street access on three sides of the park with the least access being on the
south through a pedestrian walk of 30 feet in width. This park is paired with a second proposed
park north of Annie Street as part of the Boulder Creek Subdivision. There will be a considerable
amount of area along the watercourse which will be part of the private common open space
which will be preserved as open space.
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The Subdivision and Platting Act and the corresponding local regulations provide for a variety of
ways to satisfy park land dedications. This includes provision of private parks. On balance, the
appropriate amount of land is dedicated, access is provided on three sides of the park, and there
is a mechanism to offset the loss of parking caused by having less frontage. Therefore, Staff
concludes this criterion is met.
Review criterion 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed,
by the applicant or previous predecessors in interest, or potential for greater financial returns; and
b. Conditions unique to the property may include, but are not limited to, slope, presence of
watercourses, after the fact imposition of additional regulations on previously lawful lots,
and governmental actions outside of the owners control;
Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to streams is
a priority in the City’s regulations. The City could accept the additional area of the watercourse
which is adjacent to Annie Street as a park dedication and the regulation from which the variance
is requested would be met. There would be no additional parking created, no additional access to
the park provided, and additional public expense would result. The presence of Baxter Creek
does restrict the ability to place a street on the east side of the park. Removal of the lots from
Block 4 would provide additional frontage but no additional land is required and so more land
would be given to the City than needed to meet regulations. Staff concludes the criterion is met.
Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice;
As described above there is a variety of options for providing parkland. The balance of issues of
access, maintenance responsibilities, possible loss of four lots (6.4% of all lots), and protection
of open space by creation of a private common open space lot collectively appears to do
substantial justice. Staff concludes the criterion is met.
The fourth criterion is specific to floodplains and is not applicable to the requested variance.
Therefore, it is not presented here.
Variance Request 2) The request for greater depth of a lot than normally allowed by Section
38.23.030 must be considered against the language of the entire section. The section limits the
depth to width ratio to 3:1 but then provides several circumstances when this ratio does not
apply.
One of the exceptions is “when necessitated by physical features of the land.” Baxter Creek and
associated wetlands and floodplain bisect the property. Lot 1, Block 5 is isolated on the east side
of the creek and adjacent to Traditions subdivision. There is only one street access on the east
side of the lot which is Glenwood Drive. The only available street alignment which could
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connect across Baxter Creek is Glenwood Drive which would cross at the very widest portion of
the wetlands. All other east to west streets are blocked by existing platted lots in the Traditions
subdivision to the east. Given the distance from Glenwood Drive to Annie Street the depth to
width ratio is not met. Lot 1, Block 5 is forced into a configuration that does not conform due to
the physical features of the site.
If an additional north to south street were platted paralleling the creek and connecting to
Glenwood Drive the lot depth would be quite shallow, averaging about 90 feet. This is a difficult
configuration to develop when the required setbacks are deducted. Staff concludes that even
though the proposed configuration is not the only available option the proposed option does
conform to the exemptions to the required ratio allowed in 38.23.030.F. Therefore, a variance is
not required.
Variance Request 3) The request for greater length of block than normally allowed by Section
38.23.040, BMC must be considered against the language of the entire section. That section
establishes a minimum, a preferred, and a maximum length. There is latitude under the section to
consider various factors as to whether a block may be allowed to exceed the preferred length
under certain conditions without a variance being required.
The maximum block length allowed is 1,320 linear feet. The length of Lot 1, Block 5 is 1,171
feet. Therefore it does not exceed the allowed maximum and the alternative compliance options
may be considered. Blocks are allowed to be longer “if necessary due to topography, the
presence of critical lands, access control, or adjacency to existing parks or open space.” Baxter
Creek and associated wetlands and floodplain bisect the property. The only available street
alignment which could connect across Baxter Creek is Glenwood Drive which would cross at the
very widest portion of the wetlands. All other east to west streets are blocked by existing platted
lots in the Traditions subdivision to the east.
If a block is allowed to exceed the preferred length, per paragraph D of Section 38.23.040, BMC
it is necessary to provide pedestrian connectivity. The required construction of such pedestrian
walks is required by ordinance to be a standard city concrete sidewalk. Conditions 17 and 18
provide recommended mitigation to the variance request. Condition 17 ensures connectivity by
vehicles to Glenwood Drive and Condition 18 provides for a pedestrian connection east to west
from Glenwood Drive west of Baxter Creek to an existing park segment on the eastern border of
the Westbrook Subdivision. The proposed character of this connection is as a trail since it is
crossing sensitive environmental features. Such crossings in watercourse areas are authorized by
Section 38.23.100, BMC.
The proposed pedestrian connection is by trail rather than by sidewalk. Therefore, the variance is
appropriate as the procedural tool to allow a longer than preferred block length for Lot 1, Block
5. For Blocks 1-4 the proposed pedestrian walk is provided within an appropriately sized space
and will be constructed of concrete as required by code. The block length is constrained by the
City’s access control regulations to arterial streets. Two north to south pedestrian connections are
provided within this distance, the pedestrian walks through Blocks 1-4 and the trail within the
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watercourse. Staff concludes that a variance is not required for Blocks 1-4. A variance is
required for Lot 1, Block 5 and analysis of the criteria follows.
The city shall not approve variances unless it makes findings based upon the evidence presented
in each specific case that:
Review criteria 1. Will not be contrary to and will serve the public interest;
The alternative pedestrian connection still complies with the basic requirement for pedestrian
connection. Pedestrians are especially sensitive to distance of travel. Having no connection
places a significant physical barrier between two residential areas. That is contrary to the City’s
intent and specific standards. Connection is provided in a manner which reduces potential injury
to the watercourse area and consistently with the standards for development of pedestrian
facilities in a watercourse. This advances the public interest by balancing competing public
benefits and complying to the greatest possible degree with both standards. Conditions 17 and 18
ensure that appropriate mitigation for the variance is provided and pedestrian connectivity is
installed.
Review criteria 2. Is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial
returns; and
b. Conditions unique to the property may include, but are not limited to, slope, presence of
watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control;
Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to streams is
a priority in the City’s regulations. If the City insisted on the construction of Glenwood Drive
substantial damage to wetlands and impact on floodplain would occur. Although financial
burden is not an indicator of unnecessary hardship there would be considerable additional
expense to construct a facility which would provide little public benefit for the financial and
environmental impacts.
Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice;
As described above, the use of pedestrian facilities to comply with the block length standard is
allowed. The only reason for the variance rather than a determination of alternative compliance
is the material used to construct the pedestrian facility. It appears that providing a small degree
of flexibility in construction materials to better fit the physical environment will observe the
spirit of the chapter including protection of watercourses and wetlands while providing
pedestrian connectivity. Provision of good connectivity is encouraged by the growth policy in
chapter 11 and protection of environmental features is encouraged by the growth policy in
chapter 9. Collectively it appears to do substantial justice.
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The fourth criterion is specific to floodplains and is not applicable to any of the requested items.
Therefore, it is not presented here.
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.
a. Section 38.21.060.C.1, BMC, Yard and height encroachments, limitations and
exceptions. All buildings located on a corner lot shall provide a corner side yard. Please
ensure that all corner lots are large enough to provide an adequate building envelope.
b. Section 38.23.030.D, BMC, corner lots shall have sufficient width to permit appropriate
building setbacks from both streets and provide acceptable visibility for traffic safety.
Further, homes on corner lots shall have the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate the orientation of all corner lots.
c. Section 38.23.040.B, BMC, block lengths are not to exceed 400 feet. Block lengths can
be longer than 400 feet if necessary due to topography, the presence of critical lands,
access control, or adjacency to existing parks or open space. Blocks 1 through 4 exceed a
length of 400 feet, but are allowable due to the presence of the park and wetlands corridor to the north and east of these blocks.
d. Section 38.23.040.D, BMC, yards adjacent to pedestrian rights-of-way less than 30 feet
wide shall be treated as corner side yards unless it is adjacent to a rear yard. Yards
adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards.
e. Section 38.23.060, BMC, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written
confirmation is submitted with the preliminary plat from ALL utility companies
providing service indicating that front yard easements are not needed.
f. Section 38.23.080.D, BMC “Grading and Drainage” - Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned and maintained by the property owner’s association and noted accordingly in the
protective covenants.
g. Section 38.23.080.G, BMC “Finish Grade” - All finish grades in landscaped areas shall
comply with the provisions set forth in Section 38.26.050.L, BMC.
h. Section 38.23.080.H, BMC “Landscape Amenities” - 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
retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site
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feature. A visual inspection notes that some of the stormwater facilities do not copy with
this section including the 25% maximum slope.
i. Sec. 38.23.100, BMC. “Watercourse Setback” A minimum 50-foot setback shall be
provided along both sides of Baxter Creek. The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in
subsection 2.c; the setback shall include immediately adjacent wetlands (i.e., fringe). The
buffer width shall be extended by the width of the wetland; areas with a slope greater
than 33 percent do not count towards the width of the setback; and the setback shall
include connected wetlands. The buffer width shall be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. The watercourse setback is divided into
two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse,
and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. On-
site stormwater treatment facilities may be located in Zone 2. Trails, and trail-related
improvements such as benches and trail signage, may be placed in Zone 2; Limited, non-looping developed spur trails to the water's edge may cross all zones. Trail construction
within Zone 1, inclusive of watercourse crossings and spur trails, per each side of the
watercourse may not exceed the length of 300 percent of the width of the applicable
watercourse setback per 500 lineal feet of watercourse; all trails must be constructed to
minimize bank instability, sedimentation, nutrient and pollution runoff. Trails shall be aligned to minimize damage to plant and wildlife habitat; and trails crossing the
watercourse and trail-related bridge structures may be located within all zones provided
that the appropriate local, state and federal permits are obtained.
j. Section 38.23.120, BMC, if mail delivery 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 USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way.
k. Section 38.23.180, BMC Disposition of Water Rights. Water rights, or cash-in-lieu
thereof, as calculated by the Director of Public Works, is due with the filing of each
subdivision final plat.
l. Per Article 38.24, BMC, City standard curb, gutter and sidewalk shall be provided along
all streets in the subdivision. Sidewalks will be installed prior to occupancy of any
individual lots. All streets contained within the subdivision shall be within dedicated
public right of way and built to city standards.
m. Section 38.25.020.A, BMC “Parking Dimensions” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-
stall vehicle garages as outlined by Section 38.25.020.A, BMC.
n. Section 38.26.050.E, BMC “Street Frontage’ – The homeowner’s association documents
shall contain language stating that all street rights-of-way contiguous to or within the
proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman
Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total
street frontage rounded to the nearest whole number. For street trees, a City of Bozeman
planting permit for street trees and obtaining utility locations before any excavation
begins in the City of Bozeman right-of-way. The covenants shall include a planting note
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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 shall be a
mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
o. Section 38.27.090, BMC “Waiver of Park Maintenance District - Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park
maintenance district will be required to be filed and of record with the Gallatin County
Clerk and Recorder, unless already filed with annexation.
p. Section 38.38.020, BMC “Property Owner’s Association” - 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 will need to be identified on the preliminary plat as
“common open space”, not “open space”, and so noted accordingly in the property
owner’s association documents.
q. Section 38.41.50A.5, BMC “Documents and Certificates” - A draft copy of the
covenants, restrictions, and articles of incorporation for the creation of a property owner’s association shall be submitted with the preliminary plat application for review and
approval by the Community Development Department and shall contain, but not be
limited to, provisions for assessment, maintenance, repair and upkeep of private streets,
common open space areas, public parkland/open space corridors, mail delivery areas,
stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code.
r. 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.
s. Section 38.39.030, BMC Completion of Improvements. If it is the developer’s intent to
file the plat prior to the completion of all required improvements, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
t. 38.39.030.B.2, BMC Sidewalks. The final plat and homeowner’s association documents shall include language stating that “upon the third anniversary of the plat recordation of
any phase of the subdivision, any lot owner who has not constructed said sidewalk shall,
without further notice, construct within 30 days, said sidewalk for their lot(s), regardless
of whether other improvements have been made upon the lot.”
u. Section 38.41.050.A.8, BMC requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan, approved by the
County Weed Control District, shall be submitted with the preliminary plat.
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v. Article 38.6, BMC. The certificates listed in Section 38.06.020, BMC through 38.06.110,
BMC shall be shown on the final plat as appropriate.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1 (Residential Single-Household Low Density District), R-2
(Residential Two-Household Medium Density District) andR-3 (Residential Medium Density
District). The intent of the R-1 District is to provide for primarily single-household residential
development and related uses within the city at urban densities, and to provide for such
community facilities and services as will serve the area's residents while respecting the
residential character and quality of the area. The intent of the R-2 residential two-household
medium density district is to provide for one- and two-household residential development at
urban densities within the city in areas that present few or no development constraints, and for
community facilities to serve such development while respecting the residential quality and
nature of the area. 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. As part
of a concurrent application, the applicant is requesting a rezoning of the R-3 designated property
to R-4 (Residential High Density District).
Pursuant to Section 38.08.080, BMC, minimum net densities in the R-1, R-2 and R-3 Districts
are five dwellings per net acre, while R-4 has a minimum density of 8 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 6 units per net acre for the single-household
lots. The proposed density for the multi-household lot has yet to be determined.
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.”
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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.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description A preliminary plat for a four-phase major subdivision to subdivide 33.5685
acres into 62 single-household residential lots, 1 multi-household lot (to be rezoned to high-
density residential, R-4), streets, open space and related site improvements to facilitate future
single-household and multi-household development for property located north of Durston Road,
east of Laurel Parkway and south of Annie Street.
Project Background The subject property was originally platted as part of the Laurel Glen
Subdivision, Phases 3 & 4, in 2008 for potential residential construction but was never
constructed. A subdivision pre-application was submitted on January 29, 2013 and was deemed
complete on February 12, 2013. The pre-application was reviewed by the DRC on February 20
and 27, 2013 and summary review comments were forwarded to the applicant to help in
preparation of the preliminary plat application.
APPENDIX D – NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted on December 20, 2013 and was deemed incomplete
on December 30, 2013. The applicant re-submitted on February 5, 2014, which was deemed
acceptable for initial review on February 7, 2014. The preliminary plat was reviewed by the
DRC on February 19, 26, and March 6, 2014 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, March
2 and March 9, 2014. The site was posted with a public notice on February 27, 2014. 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 February 27, 2014.
No public comments have been received as of the writing of this staff report.
No public comments were received at the public hearing conducted by the Planning Board on
March 18, 2014. The public hearing for the City Commission was moved to April 14, 2014. Staff
reposted the site noting the new date.
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APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718
Applicant: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718
Representative: C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision. The City has committed transportation impact fee funds for approximately half
of the expense for the expansion of Cottonwood Road, SIF36, to begin work in Fiscal Year 2015.
An SID is a likely local source and waivers of right to protest such an SID have been obtained
through annexation, subdivision and site development approvals. Improvement for the
intersection of Cottonwood Road and Durston Road is listed as project SIF27 but that project is
not scheduled at this time. Local share for non-impact fee funds does not have an identified
source at this time.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials and plats
1. Table of Contents
2. Development Review Application
3. Introduction
4. Checklist 5. Preliminary Plat Supplements Required for All Subdivisions a. Adjoining Property Owners List and Certification
b. Vicinity Map
c. Exhibits (Reduced Plat, Drainage, Wetland Impact, Phasing, and Floodplain
Delineation) d. Statement of Requested Variances and Facts of Hardship
e. Preliminary Platting Certificate
6. Additional Subdivision Preliminary Plat Supplements
a. Surface Water
b. Floodplains c. Groundwater
d. Geology-Soils-Slopes
e. Vegetation
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f. Wildlife
g. Historical Features
h. Agriculture
i. Agricultural Water User Facilities j. Water and Sewer Supply
k. Stormwater Management
I. Streets, Roads, and Alleys
m. Utilities
n. Educational Facilities o. Land Use
p. Parks and Recreation Facilities
q. Neighborhood Center Plan
r. Lighting Plan
s. Miscellaneous 7. Appendices a. Water/Groundwater/Wetlands Information
b. Soils/Geology/Geotechnical Report
c. Vegetation Map/Noxious Weed Plan
d. Response Letters e. Stormwater Drainage Report
f. Water and Sewer Report
g. Traffic Impact Analysis
h. Park Plan
i. Lighting Plan j. Covenants
k. Watercourse Planting Plan
I. Typical Street Sections
m. Historical Cultural Resource Survey
Recreation and Parks Advisory Board subdivision committee comments
Planning Board minutes of March 18, 2014
Planning Board Resolution P-13047
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City of Bozeman Planning Board Minutes of March 18, 2014.
PLANNING BOARD MINUTES TUESDAY, MARCH 18, 2014
ITEM 1. CALL TO ORDER AND ATTENDANCE
President McSpadden called the regular meeting of the Planning Board to order at 7:12 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and took attendance.
Time stamp on these minutes reflects a continued recording from the prior Zoning Commission meeting. This
meeting began at time stamp 1:12:23.
Members Present: Trever McSpadden, President
George Thompson
Julien Morice
Paul Neubauer
Eric Garberg Jerry Pape
Brett Potter
City Commission Liaison:
Mayor Jeff Krauss
Members Absent:
Laura Dornberger
Guests Present: Mike Balch – C&H Engineering
Chuck Hinesley – Applicant
Chris & Megan Spaulding
Ben Guttormson
Maggie Beardslie Matthew McKee
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.)
At 1:13:28 min - President McSpadden, opened for public comment. No public comment forthcoming.
Public Comment period was closed.
ITEM 3. MINUTES OF FEBRUARY 18, 2014 At 1:13:51 min - A motion to accept the minutes of February 18, 2014 was made. One error was
found on page 4 regarding the vote on the variance saying the vote was 7 to 8 in favor. It was
7 to 1. Noted a need to amend the minutes’ text. Moved by Jerry Pape to accept the minutes with
noted correction. Seconded, voted and passed unanimously.
ITEM 4. PROJECT REVIEW
1. Westbrook MaSub Prel. Plat Application Z13047
A Subdivision Preliminary Plat Application requested by the property owner Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718, represented by C&H Engineering &
Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718, to allow subdivision of 33.5685
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City of Bozeman Planning Board Minutes of March 18, 2014.
acres into 62 single-household residential lots and 1 multi-household lot with variances from 1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its perimeter
fronting public streets, 2) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a
depth greater than three times its width, and 3) Section 38.23.040 (Block Length) to allow blocks
(Block 5, Lot 1 & Blocks 1- 4) with a length greater than 400 feet. The property is described as
an Amended Plat of Lot 2A, Minor Subdivision 201A, located in the S½ of Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County, Montana. The project
is generally located north of Durston Road, east of Laurel Parkway and south of Annie Street.
(Saunders)
At 01:15:14 min – Chris Saunders provided the staff presentation.
At 01:34:16 min – President McSpadden opened for questions for Mr. Saunders. Questions and
discussion followed.
At 01:58:47 min- President McSpadden asked for the Applicant presentation. Mike Balch of C&H Engineering was available for questions. Questions and discussion followed.
At 2:05:27 min – President McSpadden opened up for public comment.
At 2:05:37 min - No public comment forthcoming. President McSpadden closed public comment.
At 2:05:43 min - President McSpadden called for the motion. Mr. Pape adopted the findings presented
in the staff report for the application and moved to approve the variances and to approve the
subdivision with conditions and subject to all applicable Code provisions. Motion was seconded
by Julien Morice.
At 2:06:32 min - Mr. Pape stated the only unusual question he had was the interesting alignment of
trees. He believes the applicant tried to make the trails in the wetlands work the best as they can.
He stated that it’s refreshing that the Planning staff has tried to find other ways to make it work.
Discussion followed.
At 2:11:18 min – President McSpadden called for a vote. The vote was 7 to 1. Motion carried.
ITEM 5. NEW BUSINESS At 2:11:34 min – President McSpadden called for new business. Mr. Thompson discussed having a
joint Zoning Commission/Planning Board session regarding reducing setbacks for higher density
and smaller lots but said as he drives through neighborhoods, he finds very large homes are
being built that are 3 – 4 feet apart in some neighborhoods. He suggests discussing different types of zoning, such as character zoning, in some neighborhoods. Also, affordable housing should not be limited to the far west side of town, but should be centered in the core area of
town. Since the Planning staff is very busy, he suggests getting some interested citizens together
to gather research to present to the joint session. Discussion followed.
At 2:23:30 min – Mr. Thompson wanted to state for the record that there is plenty of parkland in town,
but do we ever consider how far someone has to go to buy a gallon of milk? He stated that in at
least 80% of approved subdivisions a person cannot walk to a buy a gallon of milk. Until we
recognize that we have to build a neighborhood, not a subdivision, we’re failing. Discussion
followed.
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ITEM 5. ADJOURNMENT Seeing there is no further business before Planning Board, President McSpadden adjourned the meeting
at 8:27 p.m.
Trever McSpadden, President Chris Saunders, Policy and Planning Manager
Planning Board Department of Community Development
City of Bozeman City of Bozeman
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RESOLUTION #P-13047
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 33.5685 ACRES, INTO 62 RESIDENTIAL SINGLE HOUSEHOLD LOTS AND 1 MULTI-HOUSEHOLD LOT WITH ASSOCIATED PARK AND OPEN SPACE ON PROPERTY DESCRIBED AS THE WESTBROOK SUBDIVISION OF THE AMENDED
PLAT OF LOT 2A, MINOR SUBDIVISION 201A, LOCATED IN THE SOUTH ONE-
HALF (S ½) OF SECTION 4, 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 Section 2.05.500,
BMC as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner Four Corners Construction, LLC, 125 Central Ave.,
Bozeman, MT 59718, represented by C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr.,
Bozeman, MT 59718 submitted a Major Subdivision Preliminary Plat Application to subdivide
approximately 33.5685-acres into 62 single-household lots, 1 multi-household lot, and associated
park and open space lots on property described as the Amended Plat of Lot 2A, Minor
Subdivision 201A; 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,
March 18, 2014, to review the application and any written public testimony on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS, no public testimony was made on the matter of the preliminary plat
application; and
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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
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
WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the
subdivision and two requested variances by a vote of (7:1); 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-13047 and voted (7:1) to recommend approval of the preliminary plat
application subject to the following conditions and code requirements requiring plat corrections:
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. All common open spaces shall be clearly designated on the plat with sequential
incrementors such as Common Open Space A, Common Open Space B, etc. All references
within covenants, application materials, etc shall clearly refer to the identified spaces.
3. The final plat shall include a transfer of private improvements certificate to read substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, E, F,
G and H. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following
non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with
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the standards of Chapter 38 or other City design standards, or have been financially guaranteed and
are covered by the subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure improvements to the
property owners association created by Document Number ______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
4. The traffic impact study submitted with this major subdivision application demonstrates that
the intersection of Durston Rd. and Cottonwood Rd. is currently operating at LOS F at PM
Peak and therefore does not operate at an acceptable level of service. Section 38.24.060.B.4, BMC outlines the requirements for operating levels of service for arterial and collector
intersections. No development may occur until section 38.24.060.B.4 is adequately
addressed. The Westbrook Subdivision will proportionately contribute to the local share of
the costs to correct the deficiency in service.
5. Section 38.27.020, BMC “Park Area and Open Space Requirements” - Based on the proposed 63 residential lots being created for the purposes of 62 single household detached
dwellings and 1 multi-household lot, the following is required: 62 single household lots: .03
acres per dwelling of dedicated parkland or 1.86 acres of parkland; 1 multi-household lot:
5.4111 acres x 8 dwelling unit per acre x .03 acre or 1.2987 acres of parkland, for a total of
3.1587 acres of parkland. Per Section 38.27.060 the required additional land has been proposed as needed to offset the lack of frontage on the park, however a parking area must
be constructed or alternative improvements to an equal value shall be installed. The final
park master plan shall describe in detail the means by which these improvements shall be
provided.
Any proposed public parklands for the residential development may not be located in the water course setback or associated wetlands.
6. The park area for all phases shall be provided as a public park easement with the final plat
of the first phase of the Westbrook Subdivision. The easement boundaries and area shall
correspond with the approved park layout and park master plan.
7. The sewer line depicted as crossing the proposed park shall be rerouted to not impact the park. It is the preference of the City to locate all water/sewer mains within the alignment of
public streets and alleys. The proposed 8” sanitary sewer main running north through the
public park should be relocated to be aligned within Laurel Parkway. The City Engineer may
approve an alternate route if the applicant can demonstrate no other viable alternative route
exists.
8. The pedestrian walk depicted on Blocks 1 -4 shall be constructed to City standards of
Section 38.23.040 and located in a 30-foot wide public access easement as proffered on the
preliminary plat in the common open spaces. The maintenance of the walk shall be an
obligation of the property owners association. Design and final location shall be included in
the plans and specifications for the public infrastructure.
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9. The proposed watercourse planting and north-south trail shall be installed not later than the
final plat of phase 2 of the Westbrook Subdivision. Prior to proceeding with construction of
the public trail the applicant shall have a pre-construction meeting with the Department of Recreation and Parks.
10. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter development
streets and adjacent to public parks or other open space areas in each phase is required prior
to the final plat application of that phase in accordance with the requirements of Section 38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing pedestrian walks in Blocks 1-4.
11. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Westbrook Property
Owner’s Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Westbrook Property Owner’s Association. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the
City Commission pursuant to 38.38.030.A.5, BMC.
12. The property owner’s association documents for this subdivision shall be drafted such that the entirety of the property being subdivided in all phases is subject to the obligations of
park and open space maintenance with the recording of the final plat of the first phase.
13. The final plat, property owner’s association documents (POA), and park master plan may
not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA,
etc. unless the applicant intends to dedicate them as public parkland within the subdivision.
14. Fences located in the front, side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas.
Proposed fencing shall conform to Section 38.23.130 “Fences, Walls and Hedges.” This
requirement with appropriate exhibits of fence types shall be addressed and illustrated in the
property owner’s association documents. The documents shall include a single fence style
acceptable to the City for locations fronting any public park.
15. A clear physical delineation shall be provided along the property line between the proposed
park and the adjacent private lots. Fencing or vegetation may be used with any items located
within the proposed park to be included in the final park master plan.
16. The definition for “parks” in the property owner’s association (POA) documents shall not
include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”, unless it is public parkland being dedicated with this major subdivision.
17. As mitigation for the requested variance to block length, Glenwood Lane shall be extended
into Lot 1, Block 5 by either easement or dedication for a distance of not less than 75 feet.
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18. As mitigation for the requested variance to block length, the existing pedestrian connection
presently terminated at the east property line of Lot 2A and located in Park 8 between lots 4
and 5, Block 8, Traditions subdivision shall be extended to connect to the proposed trail located in the open space and shall be connected to Glenwood Lane west of Baxter Creek. A public access easement for the pedestrian connection shall be provided in accordance with
Section 38.27.110, BMC. Prior to proceeding with construction of the public trail the
applicant shall have a pre-construction meeting with the Department of Recreation and
Parks.
a. Construction of the trail connection between Glenwood Lane west of Baxter Creek and the north-south trail shall be completed no later than Phase 2 of the
Westbrook Subdivision.
b. Connection between the north-south trail and Park 8 shall be by public access
easement and a constructed surface to be determined at the time of development of the proposed Lot 1, Block 5, Westbrook Subdivision. The connection shall connect the proposed north-south public access trail to Rosa Way. A notice of this
obligation shall be recorded with the filing of the final plat for Lot 1, Block 5,
Westbrook Subdivision.
19. The documents required by Section 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 Planning Office and shall
contain, but not be limited to the following items: 1) the orientation and setbacks for corner
lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and
minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff
facilities, 5) guidelines that outline architectural and landscape requirements if any for each
individual lot and/or phase of the subdivision, including placement of boulevard trees at a
regular spacing for each residential lot, 6) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with
established floor elevations and “no basement restriction”, 9) noxious weed control, 10)
parking within residential structures, and 11) assessment of existing and future Special
Improvement Districts.
20. Section 38.23.070 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.
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All water mains over 500 feet in length must be looped.
21. The proposed development had previously addressed sewer capacity with dependence on the
area lift station. Design calculations shall be provided to verify the new density of the subdivision does not exceed what was previously accounted for.
22. The property owners dependent on the sewage lift station shall be responsible for financing
the costs of its operation and maintenance, which will be the responsibility of the City.
23. Upon availability of service, any existing residence/business on the property must be
connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping
24. Section 38.23.060.c specifies any easements needed for the water and sewer main extensions
shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided
prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer
mains are not located under or accessed from improved streets, a 12 foot wide all weather
access drive shall be constructed above the utilities to provide necessary access.
25. Street names must be approved by the City Engineer and Gallatin County road office prior to
final plat approval.
26. Proposed typical section for streets for this development shall be provided prior to review of
plans and specifications and final plat approval.
27. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Durston Road.
28. The sidewalk along Durston Road frontage shall be installed with the first phase and may
not be financially guaranteed. The sidewalks on Durston must be 6’ wide and 6” thick
29. All public street lights shall use LED light emitters.
30. A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the
submittal of the final plat for review.
31. Secondary accesses will be required with each individual phase of this development as the
project proceeds from one phase to the next.
32. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified. Some of the intersections do not meet the standards as currently
shown.
33. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
34. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure.
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35. 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 infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes.
36. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
b. Street improvements to Cottonwood Road including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property).
c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
e. Signalization of the intersection of Laurel Parkway and Durston Road.
f. Signalization of the intersection of Cottonwood Road and Durston Road.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
37. That the final plat contain the following language that is readily visible with lettering, at a
minimum size of 12 point type, placing future landowners of individual lots on notice of the
presence of high groundwater in the area of the subdivision for review and approval by
Community Development:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be
constructed without first consulting a professional engineer licensed in the State of Montana
and qualified in the certification of residential and commercial construction. The finish floor
of all residential structures shall be not less than two (2) feet above the established elevation
from the top of curb of the adjoining street.”
Code Requirements Requiring Plat Corrections
A. 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
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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.
B. 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.
C. All street and alley intersections should meet the spacing criteria in section 38.24.090.D,
BMC unless a deviation can be justified. The information required by 38.24.090.H,
BMC must be submitted to support any spacing deviation request.
D. 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.
E. 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.
F. 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.
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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.
G. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer. 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.
H. 38.27.090, BMC “Waiver of Park Maintenance District” – Prior to final plat approval
executed waivers of right to protest the creation of special improvement districts (SIDs)
for a park maintenance district will be required to be filed and of record with the Gallatin
County Clerk and Recorder, unless already filed with annexation.
DATED THIS DAY OF , 2014 Resolution #P-13047
_____________________________ ____________________________ Chris Saunders, Policy and Planning Manager Trevor McSpadden, Chairperson Department of Community Development City of Bozeman Planning Board
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