HomeMy WebLinkAboutPartridge Downs Major Subdivision Preliminary Plat, P14015_23P-14015, Staff Report for the PARTRIDGE DOWNS MAJOR SUBDIVISION Page 1 of 31
P14015, Staff Report for the Partridge Downs Major Subdivision
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Public Hearing Dates: City Commission meeting is on June 2, 2014
Project Description: Partridge Downs Major Subdivision Preliminary Plat to subdivide
approximately 6.21 acres into 30 residential single-household lots, an Open Space lot,
and the remaining area as street right of ways.
Project Location: The subject property is generally located at the northwest corner of Durston
Road and Hanson Street. The property is legally described as Tract 2A of COS 501,
together with a strip of land described in Document No. 2268861, on file and of record in
the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southeast One-Quarter (SE ¼) of Section 3, Township Two South (T2S), Range Five
East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motions:
Recommended Motion for Acceptance of Cash In-Lieu of Parkland: “Having
reviewed and considered the expressed preference of the developer and all the
information presented, I hereby adopt the findings presented in the staff report for
application P14015 and move to accept cash in-lieu of parkland dedication as described
in Section 5.”
Recommended Motion for Preliminary Plat: “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 P14015 and move to approve the
Partridge Downs Major Subdivision with conditions and subject to all applicable code
provisions.”
Report Date: Wednesday, May 28, 2014
Staff Contact: Tom Rogers, Associate Planner
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
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Project Summary
The property owner and applicant Vision Development, Inc., P.O. Box 1858, Bozeman, MT
59771, represented by C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive, Bozeman
MT 59718 submitted application to subdivide approximately 6.21 acres into 30 residential
single-household lots, an Open Space lot, and with the remaining area as street right of ways.
Parkland requirements are being met by cash in-lieu of parkland dedication in two phases.
The subject property was recently annexed into the City and zoned R-2 (Residential Two
Household Medium Density District). The annexation agreement allows the existing home on
the property to utilize on-site water and wastewater systems until further development.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
May 6, 2014 Planning Board Meeting Supplement
The Planning Board held a public hearing on this preliminary plat on May 6, 2014. One member
of the public commented on the project. The public comment focused on whether or not
apartments were allowed in this zoning district. The following discussion is a brief synopsis of
the Board’s discussion:
The Planning Board considered the Recreation and Parks Advisory Board (RPAB)
recommended approval of the proposed plan. The development will utilize existing
parkland previously dedicated including Oak Springs Park to the north and west and
Valley Unit Park across Durston Road and to the west. The proposed street network will
provide adequate pedestrian access to these areas. The Planning Board found that due to
the existing location constraints and development cash in-lieu of parkland is appropriate.
The RPAB comments are attached to this report.
The review continued by discussing pedestrian and vehicular circulation. Durston Road
will be constructed to a minor arterial standard with sidewalks to connect to existing
sidewalk to the west. Hanson Street on the eastern side of the property will be
constructed to a local street standard to connect Durston Road and previously built
sections of Hanson to the north.
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In conclusion the Planning Board voted (8:0) to recommend the City Commission approve the
Partridge Downs and accept cash in-lieu of parkland with conditions and code provisions
outlined in the staff report.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 14
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 16
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 16
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17
Preliminary Plat Supplements ........................................................................................... 19
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 24
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 29
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 30
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 31
FISCAL EFFECTS ....................................................................................................................... 31
ATTACHMENTS ......................................................................................................................... 31
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Annie Street Cottages zoned R-2 (Residential Two-Household Medium Density District).
South: Cascade Subdivision zoned R-1 (Residential Single-Household Low Density District).
East: Unannexed agricultural lands zoned A-S (Agricultural Suburban Zoning).
West: Oak Springs & Diamond Estates Subdivisions zoned R-2 (Residential Medium Density
District).
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SECTION 2 – REQUESTED VARIANCES
No variances are requested as noted in the Executive Summary.
1) No variances are being requested.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by
all required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all required
and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County
Clerk & Recorder’s office has elected to continue the existing medium requirements of 2
mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and
Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits.
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
4. Phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of numbers (i.e., Phase 2A, 2B, 2C and 2D).
5. The homeowner’s association documents shall reference a 25-foot yard setback along
Durston Road pursuant to Section 38.21.060.C.2, BMC.
6. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans and specifications to fence the perimeter of the project shall be provided for review
and approval prior to final plat approval. 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. This requirement with appropriate
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exhibits of fence types shall be addressed and illustrated in the home owner’s association
documents.
7. Buildings constructed on lots fronting along Durston Road shall have double-front
architectural features facing the roadway as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied
façade plane, and decorative lighting. These architectural requirements shall be addressed
and demonstrated in the homeowner’s covenants/development guidelines.
8. Trees may not be located within 10 feet of sewer and water services. Sewer and water
services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent.
9. Homeowner’s association documents shall address the requirements for street trees, a
City of Bozeman planting permit for street trees and obtaining utility locates before any
excavation begins in the City of Bozeman right-of-way. The covenants shall include a
planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there
should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
10. Street lighting, including pathway intersection lighting, shall be installed by the
subdivider. Light locations and specifications shall be provided to the City Engineer for
review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or
appurtenance.
11. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The final plat will not be
deemed complete until the resolution to create the SILD has been approved by the City Commission.
12. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland
requirements, parkland or parkland credits and areas not credited towards parkland (i.e.,
detention/retention areas, watercourse setbacks, wetlands, common open space, parking
facilities) and the total area of each. The applicant shall provide a minimum of 0.9 acres
of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 30 single household residential lots at 0.03 acres per dwelling of
dedicated parkland. 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 public
parkland within the subdivision.
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13. 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 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: _____________________________
14. The final plat shall contain the following notation on its face or in a document to be
recorded with the final plat: “Ownership of all common open space areas and trails, and
responsibility of maintenance thereof and for city assessments levied on the common
open space lands shall be that of the property owner’s association. Maintenance
responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets and as adjacent to
public parks or other common open space areas. All areas within the subdivision that are
designated herein as common open space including trails are for the use and enjoyment
by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance,
repair, and upkeep of all common open space areas and trails. At the same time of
recording the final plat for each phase of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owner’s
association created by the subdivider to maintain all common open space areas within Partridge Downs Subdivision.
15. The final plat shall contain the following notation on its face or in a document to be
recorded with the final plat pursuant to the Hanson Annexation Agreement (Resolution
4508):
“The existing structure may continue to utilize the on-site groundwater well for domestic use until: a) the existing well fails to the point it needs to be
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drilled deeper or replaced; b) the existing structure is converted to any use
other than a residence; c) the existing structure is removed or destroyed,
beyond 50 percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel.”
16. The final plat shall contain the following notation on its face or in a document to be
recorded with the final plat pursuant to the Hanson Annexation Agreement (Resolution
4508):
The existing structure may continue to utilize the on-site sewer system until: a) the existing on-site sewer system fails; b) the existing residential structure is converted to any use other than a residence; c) the existing residential
structure is removed or destroyed, by whatever means, beyond 50 percent of
the market value, or d) other habitable development occurs anywhere on the
annexed parcel. If the existing on-site sewer system fails, the existing structure must connect to the public sanitary sewer main. A replacement on-site sanitary sewer system cannot be utilized. At the time the existing on-site sewer
system is disconnected, the on-site system must be properly vacated and
removed, which at a minimum entails the septic to be pumped and filled in
with gravel/dirt, or the tank totally removed, as required by the Gallatin County Health Department.”
17. 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. Signalization of the intersection of Ferguson Avenue 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.
18. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
19. Street names must be approved by the City Engineer and Gallatin County road office
prior to final plat approval.
20. All streets contained within the subdivision shall be within dedicated public right of way
and built to city standard.
21. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
22. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Durston Road.
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23. Secondary accesses will be required with each individual phase of this development as
the project proceeds from one phase to the next.
24. The sidewalks on Durston must be 6’ wide and 6” thick.
25. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified.
26. 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.
27. Any proposed public street lighting shall be LED.
28. The proposed subdivision is located within the Far West Sewer and the Meadow Creek
Sewer Payback districts. These payback districts must be paid before final plat.
29. The necessary right of way shall be dedicated with the final plat for the following streets:
a. Hanson Street (local street) – 60 feet.
b. Rose Street (local street) – 60 feet.
c. Sheridan Avenue (local street) – 60 feet.
d. Durston Road (Minor Arterial) – 45 feet. Durston Road’s current classification
requires 100 feet of right of way (or 50 feet on each side of center line). In previous transportation plans minor arterials only required 90 feet of dedicated
right of way (or 45 feet on each side of center line). During the Pre-App phase of
the subdivision the applicant requested that the subdivision only dedicate 45 feet
in order to match the dedication of the surrounding development. The City
Engineer reviewed this request, and per BMC section 38.34.010.D allowed 45 feet of dedicated right of way for Durston Road.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Partridge Downs Major Subdivision preliminary plat
File: P-14015
Development Review Committee
The Development Review Committee (DRC) has reviewed the Preliminary Plat application on
March 26, April 2 and 9, 2014; and as a result, finds that the application, with conditions, is in
general compliance with the adopted growth policy, the Montana Subdivision and Platting Act
and the Unified Development Code. On April 9, 2014 the DRC recommended conditional
approval of the preliminary plat application.
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Parks and Recreation Advisory Board
The Recreation and Parks Advisory Board reviewed the proposed subdivision on April 4, 2014.
The Applicant requested cash in-lieu of parkland dedication to meet parkland requirements. The
RPAB recommended the City Commission approve the proposed park plan with cash in-lieu of
dedication for this subdivision. The RPAB comments and recommendations are attached to this
report.
Planning Board
The Planning Board held its public hearing on May 6, 2014. No public comment was received.
The Planning Board voted to recommend the preliminary plat and cash in-lieu for parkland
dedication for approval with the conditions and code provisions as noted in this staff report.
City Commission
The City Commission public hearing is scheduled for June 2, 2014 to consider the preliminary
plat and make a final decision.
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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. The 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 preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
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, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant’s request.
A preliminary plat application was submitted on March 11, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on March
19, 2014 was deemed acceptable for initial review on March 19, 2014. The preliminary plat was
reviewed by the DRC on March 26, April 2 and 9, 2014. The DRC and Staff determined the
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision on March 26, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
20, 2014. The site was posted with a public notice on April 21, 2014. Public notice was sent to
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physically adjacent property owners via certified mail, and to all other property owners of record
within 200 feet of the subject property via first class mail, on April 18, 2014. No comments have
been received as of the production date of this report.
On May 2, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on May 6, 2014 and the City Commission is scheduled to make a final
decision at their April 2, 2014 public hearing. The final decision for a Major Subdivision
Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in
this case by June 12, 2014.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and has been used for
residential purposes. Therefore, this subdivision will not have adverse effects on agriculture.
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2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and has begun to develop. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will connect to City water systems and be
installed in the adjacent street right-of-ways. Each lot will connect to the constructed water and
sewer mains designed to the appropriate design standard shall be located in the standard location
as approved by the water/sewer superintendent.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat.
Parklands - The applicant proposed cash in-lieu of parkland dedication to meet minimum
parkland to meet Section 38.27, BMC. The proposed subdivision includes 30 single-household
lots requiring 0.9 acres of parkland dedication. The Recreation and Parks Advisory Board
subdivision reviewed the proposed on April 4, 2014.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development has been used for residential
purposes. Although there are incidental small animals residing on this and adjacent property
infill development within the City limits will occur.
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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, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on January 8, 2014. With
the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of the property. The DRC granted a
partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for: 1) geology-soils-slopes, 2) vegetation, 3) wildlife, 4)
historical features, 5) Miscellaneous, 6) agricultural water user facilities, 7) surface water, 8)
floodplains, 9) workforce housing, and 10) neighborhood center plan.
A waiver to the supplemental information for the following items was not granted: 1) water and
sewer, 2) streets, roads and alleys, 3) land use, and 4) parks and recreational facilities, and 5)
groundwater. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
38.41.060.A.2 Floodplains
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
38.41.060.A.3 Groundwater
Groundwater tends to be moderately high in the area. Ground water Information Center well
logs indicates static water levels range from five to twelve feet below ground surface. City
sanitary sewer and water are proposed for the development. Surface runoff will be controlled by
channeling flows into a retention basin designed to filter sediments and oil, which will reduce the
potential for contamination.
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Mitigation for potential high groundwater includes home construction limitations in the
covenants and connection to central sewer and water connection to the City of Bozeman.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. There are no known geologic hazards associated
with the site. The property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. The subject
property is designated as a residential area according to the City of Bozeman Community Plan.
The area is zoned for residential development has been used for residential purposes. Although
there are incidental small animals residing on this and adjacent property infill development
within the City limits will occur.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. The structures
on site were built in 1975 and 1981 respectively.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. There are no agricultural water user facilities on
or adjacent to the subject property.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. Water for domestic use and fire protection will be provided by connections to the
City of Bozeman water system. The proposed water mains will connect to existing water mains
in Durston Road and Hanson Street. Water rights or cash-in-lieu thereof will be transferred with
final plat.
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. A manhole is located in Hanson Street at the northeast corner
of the property. This manhole has a stub to the south which will be used as the connection point
for the proposed sanitary sewer network. From there, sanitary sewage will be conveyed to and
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treated at the City of Bozeman’s Water Reclamation Facility. Please see the engineering design
report in Appendix A of the Applicant Submittal for more information.
Additional water and sewer lines will be constructed to serve each individual lot. The City
Engineering Department has reviewed the plans. City Engineering conditioned the subdivision
that all water and sewer service lines shall be located in the standard location as approved by the
water/sewer superintendent.
38.41.060.A.11 Stormwater Management
Supplemental information waived by the DRC. Storm water facilities will be identified as
“common areas” on the final plat that are owned and maintained by the homeowner’s
association. All storm water facility outlet structures will be properly landscaped and a
minimum distance of not less than ten (10) feet from any watercourse high water mark will be
required. Placement and design of the facilities will be approved by both the City Engineer’s
Office and Planning Office.
38.41.060.A.12 Streets, Roads and Alleys
Lot access to the Development will be provided by Durston Road and Hanson Street and a newly
constructed local street for individual lot access. Dusrton Road is designated as a Minor Arterial
according to the Greater Bozeman Area Transportation Plan, 2007 Update. Hanson is a local
street. As noted in the applicant submittal the project will generate an additional 239 vehicular
trips per day.
Section 38.23.040.B, BMC states that “Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. 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. In no case shall a block exceed 1,320 feet
in length.” Blocks fronting N. Sheridan Avenue are approximately 494’ long. Considering the
site boundaries, layout of adjacent subdivisions, and existing infrastructure, it is impractical to
provide block length shorter than 400’ along N. Sheridan Avenue. In addition existing
development constraints prohibits pedestrian or vehicular connection to adjacent transportation
system.
During the annexation process the developer has filed a waiver of right to protest the creation of
an SID for improvements to paving, curb/gutter, sidewalk, storm drainage facilities for Durston
Road and improvements to the intersections of Durston Road/27th Avenue, Durston
Road/Fowler Avenue and Durston Road/Ferguson Avenue.
Sheridan Avenue and Rose Street will be in a 60’ dedicated public right-of-way and will connect
into the existing street grid system and will be constructed to local City street standards. The 60’
wide dedicated public right-of-way will provide a typical lot frontage of approximately 53’ to
73’. See the applicant submittal for detail for proposed road alignment and section.
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38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
However, in the event front and/or rear yard utility easements are used, side yard easements must
still be provided on the plat unless written confirmation is submitted to the Planning Office from
all utility companies and Director of Public Works indicating that front and rear yard 10-foot
wide easements are adequate to service said subdivision lots.
38.41.060.A.14 Educational Facilities
The Partridge Downs subdivision is within the Bozeman School District. A written request for
comment was sent to the Bozeman school District. No response was provided.
38.41.060.A.15 Land Use
The 30 proposed lots comply with the existing zoning designation of R-2. All lots are proposed as single family residential lots. Open Space is provided at the northwest corner of the site
around the stormwater retention pond, which is provided for drainage from the public street right
of ways. Partridge Downs is an infill development converting a single household home on 6.2
acres into 30 residential lots.
38.41.060.A.16 Parks and Recreation Facilities
The Applicant proposed cash in-lieu of parkland dedication for the development. Pursuant to
Section 38.27.020, BMC 0.03 acres per dwelling unit shall be required. The subdivision consists
of 30 lots which require 0.9 acres of parkland dedication or equivalent. The Recreation and
Parks Advisory Board (RPAB) was supportive of the plan during the pre-application review.
The RPAB affirmed their support of cash in-lieu of parkland on April 4, 2014. The PRAB report
is attached to this report.
Pursuant to Section 38.27.030, BMC, Cash donation in-lieu of land dedication shall be equal to
the fair market value of the amount of land that would have been dedicated. The appraisal has
not been completed as of the production of this report. Staff can provided a motion to accept the
cash in-lieu if the Commission determines the following criteria have been met pursuant to
Section 38.27.030.A, BMC and the Applicant provides an approved valuation prior to the public
hearing.
The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. When making this determination,
the review authority shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
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38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC during the pre-application process. A
neighborhood center is not required for this development.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan
will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D.
and installation of lights (Condition 12). The plan shall include a pole light detail with spacing
based on high pedestrian conflict, a local street pole light at one per local street intersection, and
a bollard light detail for placement at pathway/street intersections. All street lights installed shall
use LED light heads lights, including bollard light, and shall conform to the City’s requirement
for cut-off shields.
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 (Ordinance
1710) had been suspended by the City Commission.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other process
step.
a. Pursuant to Section 38.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the
period to the Community Development Director for the City Commission’s consideration.
The City Commission may, at the written request of the developer, extend its approval for no
more than one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the
developer, provided for in §38.41.060, BMC.
b. Section 38.02.050, BMC - Water rights or cash-in-lieu thereof, as calculated by the City
Engineer’s Office, is due with each final plat(s) of the major subdivision.
c. Section 38.21.060.C.1, BMC “Corner Lots” – The property owner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings
on lots on the interior of the block. The final plat shall indicate the orientation of all corner
lots.
d. 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.
e. 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.
f. Section 38.23.060.B, BMC “Private Utilities” – The final plat and homeowner’s association
documents shall contain a note stating that if a utility easement is greater than the building
setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements shall be noted on the Final Plat for each typical subdivision lot/block.
g. Section 38.23.120, BMC - If mail will not be delivered to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the United States Postal Service. All cluster mail boxes
must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way.
h. 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.
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i. 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 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.
j. Section 38.26.070, BMC “Landscaping of Public Lands” - Requires the subdivider to install
irrigation, turf grass and street trees on the portions of open space and parkland adjacent to
public streets. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space 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.
k. 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 previously filed.
l. Section 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 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 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) architectural guidelines for residential character, porches,
fenestration treatment, placement of garages, boulevard trees, 9) noxious weed control, 10)
parking within residential structures, and 11) 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
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with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time
of final plat recordation.
m. 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.
n. Pursuant to Section 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.”
o. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall
be submitted with the preliminary plat application for review and approval by the
Department of Community Development 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.
p. The final plat must be in compliance with all requirements of Section 38.41.070, BMC “Final
Plat,” including, but not limited to the following items:
1) Section 38.41.070.A.3 states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared
noxious weeds and a copy provided to the Planning Department prior to final plat
approval.
2) Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, 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.
q. 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.
r. 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.
s. BMC 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.
t. All water mains over 500 feet in length must be looped.
u. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in
accordance to BMC section 38.23.180.
v. BMC Section 38.41.080.g.7 requires the location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted
on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
w. BMC 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.
x. BMC Section 38.24.010.A.1 requires that streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by
topography or other physical conditions. Durston Road shall be constructed to City standard
for the north half of the street for the section that borders this subdivision. All other streets
within the subdivision shall be fully constructed to City standards.
y. BMC Section 32.23.070 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-
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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.
z. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted.
aa. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision.
Per BMC section 38.24.080 of the UDC sidewalks will be installed prior to occupancy of any
individual lots.
bb. All street and alley intersections should meet the spacing criteria in BMC section 38.24.090.D unless a deviation can be justified. The information required by 38.24.090.H
must be submitted to support any spacing deviation request.
cc. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on
the bond.
dd. BMC Section 38.41.020 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.
ee. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with BMC 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.
ff. All construction activities shall comply with BMC section 38.39.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that are
identified.
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APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-2” (Residential Two-Household Medium Density District).
The intent of the R-2 residential 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.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-2 District is five dwellings
per net acre. A minimum is required to support efficiency in use of land and provision of
municipal services, and to advance the purposes and goals of this chapter and the adopted growth
policy. The proposed subdivision will create 30 residential single-household lots for a density
of 7.947 dwellings per net acre.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner Vision Development, Inc., P.O. Box 1858, Bozeman, MT 59771, represented by
C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718 submitted
application to subdivide an existing parcel to create 30 single-household residential lots with
open space and right-of-ways. Parkland will be provided by cash in-lieu of parkland.
Project Background
The subject property was annexed into the City of Bozeman (Resolution No. 4508) on February
24, 2014. Through the zone map amendment process, initial zoning on the property was
established as R-2 (Ordinance No. 1882) adopted by the Commission on March 17, 2014.
APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on November 27, 2013. The pre-application was
reviewed by the DRC on December 11, 18, 2013 and January 8, 2014 and summary review
comments were forwarded to the applicant in preparation of the preliminary plat application and
granted numerous supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on March 11, 2014 and deemed
acceptable for initial review March 19, 2014. The preliminary plat was reviewed by the DRC on
March 26, April 2 and 9, 2014. On April 2, 2014 the DRC and Staff determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision. On April 4, 2014 the Recreation and Parks Advisory Board met and
considered the Applicant’s request for cash in-lieu of parkland dedication. Both the RPAB and
the D.R.C. provided favorable recommendation was forwarded for consideration by the City
Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
20, 2014. The site was posted with a public notice on April 21, 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 April 18, 2014. No written comment on the
application has been received as of the date of this report.
On April 30, 2014 this subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Bozeman Planning Board and City Commission. The Planning Board is scheduled to consider
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the application on May 6, 2014. The City Commission is scheduled to make a final decision at
their June 2, 2014 public hearing.
The final decision for a Major Subdivision Preliminary Plat must be made within 60 working
days of the date it was deemed complete or in this case by June 26, 2014.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Vision Development, Inc., P.O. Box 1858, Bozeman, MT 59771
Applicant: Vision Development, Inc., P.O. Box 1858, Bozeman, MT 59771
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT
59718
Report By: Tom Rogers, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Staff Report
2. Applicant’s submittal materials
3. Supporting documentation
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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Preliminary Plat Checklist Narrative
D. Preliminary Plat Requirements
10. Partridge Downs Subdivision, located in Gallatin County, Montana, is within the City of
Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman
growth policy which was adopted pursuant to Section 76-1-601 et seq., M.C.A., and can be
provided with adequate storm water drainage and adequate municipal facilities. Therefore, under
the provisions of Section 76-4-125(2)(d) M.C.A., this subdivision is excluded from the
requirement for Montana Department of Environmental Quality review. A Certificate of Exclusion
from Montana Department of Environmental Quality Review has been included on the face of the
plat.
E. Preliminary Plat Supplements Required for All Subdivisions
3. No subdivision variances are being requested.
5. No highways are being encroached upon.
6. A zoning change is not necessary.
9. No streets will have grades greater than 5 percent.
10. The owner of record has signed the application.
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INTRODUCTION
The proposed Partridge Downs Subdivision is a 30-lot major subdivision located on a 6.21 acre
parcel legally described as Tract 2A of Certificate of Survey No. 501, together with the strip of
land described in Document No. 2268861, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 3, Township
2 South , Range 5 East of P.M.M., Gallatin County, Montana. It is located on the northwest corner
of Durston Road and Hanson Street. An R-2 zoning designation has been provisionally approved
for the property.
All 30 lots proposed within this subdivision will be developed as single family residential
structures. Common Open Space will be provided at the northwest corner of the parcel for the
stormwater retention pond.
This subdivision is intended to meet the goals and ideals outlined in the City’s adopted growth
policy, the “2020 Community Plan” and the standards included in the City of Bozeman Unified
Development Ordinance.
RESPONSE TO PRE-APP COMMENTS
Please find below the responses to comments received from the City of Bozeman during the
Pre-App process. Original comments are in normal type. Responses are in italics.
Department of Community Development Comments
1. A partial waiver to the supplemental information under Section 38.41.060, BMC is
recommended to be granted with this pre-application plan review application for: 1)
geology-soils-slopes, 2) vegetation, 3) wildlife, 4) historical features, 5) Miscellaneous, 6)
agricultural water user facilities, 7) surface water, 8) floodplains, 9) workforce housing, and
10) neighborhood center plan.
A waiver to the supplemental information for the following are not granted: 1) water and
sewer, 2) streets, roads and alleys, 3) land use, and 4) parks and recreational facilities, and 5)
groundwater
Please make sure to address all other applicable supplemental information as set forth in
Section 38.41.060, BMC, which has not been waived.
Information has been provided for all Additional Subdivision Preliminary Plat Supplements
which have not been waved.
2. 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
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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.
The final plat will conform to these requirements.
3. 38.23.040.B “Block Length” – Blocks fronting Sheridan Avenue exceed the maximum
length of not more than 400 feet in length. A variance to this section is not necessary
finding that the existing infrastructure limits the orientation and design of the proposed
blocks. With the Preliminary Plat please provide a narrative showing how the design
meets this code provision.
A narrative has been provided in the “Streets, Roads and Alleys” portion of the Additional
Subdivision Preliminary Plat Supplements.
4. 38.23.040.C “Block Width” – Block fronting Pipestone Street are less than the required
width of 200 feet. A variance to this section is not necessary finding that the existing
development and orientation restricts block design. With the Preliminary Plat please
provide a narrative showing how the design meets this code provision.
A narrative has been provided in the “Streets, Roads and Alleys” portion of the Additional
Subdivision Preliminary Plat Supplements.
5. All undeveloped areas reserved for future subdivision phases, open space and other common
areas to be owned and maintained by the home owner’s association will need to be identified
on the preliminary plat as “common areas” or “common open space.”
The common open space has been identified on the preliminary plat map.
6. 38.27030 “Park and Recreational Requirements” – The cash donation in-lieu of land
dedication was the preferred alternative with the Pre-Application submittal. On December
11, 2013 the Recreation and Parks Advisory Board (RPAB) considered the request and
provided favorable feedback for cash donation in-lieu of land dedication. The discussion
focused on connecting the development to Oak Springs Subdivision Park lands via the Public
Access Corridor (PAC) shown between Lots 5 and 6 of the Oak Springs Phase 1 Subdivision
plat.
However, upon further review by staff existing development approvals for the Annie Street
Cottages, Tract 2B of COS 501, appear to precluded connectivity to the PAC mentioned
above from consideration. If an agreement is reached with Oak Springs to utilize existing
parkland acceptance of cash-in-lieu of land dedication may require, prior to final plat
approval, work with the Oak Springs Subdivision Property Owner’s Association to arrive at
an agreed upon method to ensure the applicant and any future property owner’s association
created for this subdivision (including all its phases) succeeding in interest to the applicant
contribute sufficient consideration to the Oak Springs Subdivision on an equitable basis for
the maintenance and upkeep of existing publicly dedicated parks and publicly accessible
open space lands and trails located within the Oak Springs Subdivision. Prior to final plat
approval, the applicant shall provide evidence that an agreed upon method has been
established. The agreement may contain a provision that should the City create a park
maintenance district for maintenance of areas subject to the agreement the agreement may
terminate.
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Any plan shall clearly describe how parkland is being provided; what improvements are
being constructed, address maintenance is being implemented and who is responsible, and
include the anticipated parkland improvements with the future phases of the subject
property, if applicable.
A parkland calculation is included on the face of the preliminary plat. The “Parks and
Recreation Facilities” portion of the Additional Subdivision Preliminary Plat Supplements
states that cash-in-lieu is the preferred alternative to land dedication.
7. 38.50.020 “Park Area and Open Space Requirements” - Based on the proposed residential
lots being created for the purposes of single family detached dwellings, 0.03 acres per
dwelling of dedicated parkland or approximately 0.9-acres acres of parkland or equivalent
are required with this pre-application plan.
A parkland calculation is included on the face of the preliminary plat. Land dedication or
cash-in-lieu will be provided at final plat.
8. A name for the local streets will need to be reviewed and approved by the City Engineer’s
Office.
Interior streets have been named to match corresponding existing streets. These proposed
street names are subject to approval by the City Engineer’s Office.
9. To further objectives outlined in the Bozeman Community Plan; the Greater Bozeman
Transportation Plan, 2007 Update; and the intent of Section 38.24, BMC; the proposed
Pipestone Street shall be redesigned to be parallel with Durston Road and vertically aligned
with the existing Rose Street alignment in the Harvest Creek Subdivision to the east. This
design modification will necessitate removing the chicane shown on the Street Connectivity
Exhibit, eliminating lots 15 and 16, and modifying the lot depths for Lots 11-14 or an
alternative design solution to achieve the correct alignment for Rose Street and a more
rectilinear street grid pattern. Pipestone shall be renamed Rose Street within this
subdivision with the new alignment.
Pipestone has been renamed Rose Street. The alignment is parallel with Durston. As
discussed in the “Streets, Roads and Alleys” portion of the Additional Subdivision
Preliminary Plat Supplements, the alignment of the proposed Rose Street has been chosen
for several reasons:
a. The existing site boundaries and layout of adjacent subdivision provide limited
options for connectivity. There is no option to provide connectivity to the west.
b. There is an existing high quality home to the east. The proposed Rose Street
alignment will allow this home to remain even after Rose Street is built out to the
east.
c. The proposed alignment is similar to the alignments required to connect Annie
St/Annie Street and Lily Dr/Cottage Park Ln to the north.
d. The proposed Rose Street alignment is conducive to efficient land use within the
subdivision.
10. Water rights or cash-in-lieu thereof, as calculated by the Director of Public Works, is due
with the final plat.
The developer is aware of this requirement.
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11. A copy of the draft covenants and property owner’s association documents will need to be
included with the preliminary plat application to address the maintenance and upkeep of all
common areas, boulevards, boulevard landscape, etc.
A copy of the draft documents and property owner’s association documents has been
included in Section IV of this submittal.
12. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed and
contained on an individual lot as a common area(s) owned and maintained by the property
owner’s association and noted accordingly in the protective covenants.
Proposed storm water facilities will be constructed in the open space.
13. 38.26.070 “Landscaping of Public Lands” – Installation by the developer of vegetative
ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard
strips along all external perimeter development streets and adjacent to public parks or other
open space areas is required with the final plat application.
The developer is aware of this requirement.
14. 38.41.050.8 “Noxious Weed Management and Revegetation Plan” – A Memorandum of
Understanding shall be entered into by the Weed Control District and the subdivider for the
control of county declared noxious weeds and a copy provided to the Planning Department
prior to Final Plat approval.
An approved Noxious Weed Management Plan has been included in Section IV of this
submittal.
STANDARD CODE PROVISIONS
The preliminary plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. 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 deviation or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Unified Development Ordinance and shall be
addressed with the preliminary plat application:
1. Per Section 38.02.050 "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.
The developer is aware of this requirement.
2. Per Section 18.16.040B, most residential zoning districts require a minimum lot width of
50 feet, except for townhouse lots, measured in a straight line between side lot lines at the
points of intersection with the required front building line. With the preliminary plat
application, please ensure that all lots have adequate lot width.
All lots have a minimum width of 50 feet as shown on the preliminary plat.
3. Per Section 38.21.060.C.2, BMC, a 25-foot front yard or corner side yard shall be provided
on all arterials designated in the city growth policy. Durston Road is designated as an
arterial street.
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A 25-foot corner side yard has been provided for all lots along Durston Road.
4. Per Section 38.21.060.C.1, 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.
All corner lots have been provided with a corner side yard and are large enough to provide
an adequate building envelope.
5. Per Section 38.23.030.D, corner lots shall have sufficient width to permit appropriate
building setbacks from both streets and provide acceptable visibility for traffic safety.
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.
A note has been included on the face of the preliminary plat “The orientation of corner lots
shall be the same as interior lots.
6. Per Section 38.23.040.B, block lengths are not to exceed 400 feet. Block length standards
may be satisfied by providing a narrative clearly showing how existing infrastructure limits
the orientation and design pursuant to Section 38.23.040.B, BMC.
A narrative has been provided in the “Streets, Roads and Alleys” portion of the Additional
Subdivision Preliminary Plat Supplements.
7. Per Section 38.23.040.C, block width shall not be less than 200 feet. Block width
standards may be satisfied by providing a narrative clearly showing how existing
infrastructure limits the orientation and design pursuant to Section 38.23.040.C, BMC.
A narrative has been provided in the “Streets, Roads and Alleys” portion of the Additional
Subdivision Preliminary Plat Supplements.
8. Per Section 38.23.060, 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.
Standard 10-foot front yard utility easements are being provided as shown on the
preliminary plat.
9. Per Section 38.23.080.D “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.
Proposed storm water facilities will be constructed in the open space.
10. Per Section 38.23.120, 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.
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The off-street mail delivery area will be provided by the developer in coordination with
USPS.
11. Per Section 38.23.150.C “Lighting” – Subdivision lighting and Special Light
Improvements District (SLID) information shall be submitted to the City Clerk after
preliminary plat approval in hard copy and digital form. The final plat will not be
approved until the resolution to create the SLID has been approved by the City
Commission. The Lighting Plan shall reflect the standards outlined in the UDC. A
lighting plan shall be submitted for review and approval prior to the contracting, creation of
an SLID and installation of the lights. The plan shall include a pole light detail with
spacing based on high pedestrian conflict, a local street pole light at one per local street
intersection, and a bollard light detail for placement at pathway/street intersections. All
lights including the bollard light shall conform to the City’s requirement for cut-off shields.
The developer is aware of this requirement.
12. Section 38.25.020.A “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.
This requirement is stated in the CC&Rs under Section VIII.6.D.i.
13. Section 38.27.06 requires that parkland have street frontage along 100 percent of its
perimeter. The City Commission can consider decreased frontage when necessary due to
topography, critical lands, the provision of pedestrian access, and the provision of parking.
However, park frontage can never be less than 50 percent.
Considering that cash donation in lieu of dedication is being provided, this requirement is
not applicable to this project.
14. Per Section 38.27.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed
and of record with the Gallatin County Clerk and Recorder, unless already with
annexation.
A WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT
DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT was signed along with
the annexation agreement.
15. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a
person with experience in weed management and knowledgeable in weed identification.
A noxious weed management and revegetation plan, approved by the County Weed
Control District, shall be submitted with the preliminary plat.
A weed inventory will be completed when weather conditions allow. An approved Noxious
Weed Management Plan is included in Section IV of this submittal.
16. The applicant should provide the calculation and allocations for parkland dedication with
the preliminary plat application.
A calculation for required parkland dedication is included on the face of the preliminary
plat.
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17. 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 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) architectural guidelines for residential
character, porches, fenestration treatment, placement of garages, boulevard trees, 10)
noxious weed control, 11) parking within residential structures, and 12) 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.
The developer is aware of these requirements.
18. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, an Improvements Agreement
shall be entered into with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security
equal to 150 percent of the cost of the remaining improvements.
The developer is aware of these requirements.
19. 38.39.030.B.2 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.”
This requirement is included in Section VIII.6.D.iv of the CC&Rs.
20. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants,
restrictions, and articles of incorporation for the creation of a homeowners’ association
shall be submitted with the preliminary plat application for review and approval by the
Department of Community Development and shall contain, but not be limited to,
provisions for assessment, maintenance, repair and upkeep of private streets, common
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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.
A draft copy of the covenants is included in Section IV of this submittal.
21. Section 38.41.060.A.7 requires that the State Historic Preservation Office review the
proposed subdivision, if not waived by the DRC. Written documentation must be
submitted with the preliminary plat that verifies that SHPO has reviewed the proposed plat;
lists any SHPO recommendations; outlines any plans for inventory, study and/or
preservation; and describes any mitigation planned to overcome any adverse impacts.
The Historical Features supplemental information has been waived by the DRC.
22. Section 38.41.060.A.13 requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be
provided.
Letters were sent to relevant utility companies. These letters and the responses received
are included in Appendix B of this submittal.
23. Section 38.41.160 - All materials outlined in 38.41.160 shall be submitted for any variance
to the Bozeman Municipal Code that is requested with the preliminary plat.
No variances are being requested with this preliminary plat.
24. All preliminary plat requirements, as outlined in Article 41, shall be provided with the
preliminary plat submittal, unless otherwise approved by the Development Review
Committee via waiver.
Efforts were made to ensure that this submittal provides all preliminary plat requirements
as outlined in Article 41.
25. A complete preliminary plat application shall be submitted to the Planning Department
within one calendar year of the date the Planning Department dates, signs and places
pre-application comments in the outgoing mail.
This preliminary plat application is being made within one year of the date the Planning
Department dated, signed and placed pre-application comments in the outgoing mail.
Engineering Department Comments
STORMWATER:
1. The propose subdivision is located within an area of established public stormwater
facilities. The supplemental requirements for stormwater management shall be waived
for the preliminary plat application.
A stormwater master plan will be required at the time of development. 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
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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.
The waiver for supplemental information for stormwater management is noted. A
stormwater master plan will be provided at the time of development. A retention pond is
being provided in the open space on the northwest corner of the property.
2. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an
application form, the appropriate fee, 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. A
State of Montana Storm Water Pollution Prevention Plan (SWPPP) may be submitted
instead of a City of Bozeman SMP, however the City of Bozeman fees still must be
submitted. All necessary City of Bozeman forms and permits can be found on the City’s
website at www.bozeman.net.
A SWPPP will be submitted to Montana DEQ and a copy provided to the City of Bozeman
prior to construction.
3. The final grading and drainage plan shall provide elevation details confirming that the
proposed location of the retention/detention facility shall adequately drain and function.
If adequate drainage cannot be provided with the proposed location, an alternative design
will be required.
The final grading and drainage plan will provided elevation details.
WATER AND SEWER:
4. 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.
A Design Report in included in Appendix A of this submittal.
5. All residential lots shall pay cash-in-lieu of water of rights at the time of development.
The developer may also provide a transfer of the equivalent required water rights. Any
water right proposed to be transferred to city ownership should be submitted for review as
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early as possible so the value can be determined without hindering the final plat process.
The necessary water rights or cash-in-lieu for all residential lots must be provided prior to
the filing of the final plat.
The developer is aware of this requirement.
6. The location of and distinction between existing and proposed sewer and water mains,
service lines, 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.
These items are shown on the preliminary plat drawing in Section IV of this submittal.
7. This property is located in the Valley West Sewer and Meadow Creek Sewer Payback
Districts.
The location of the property within these payback districts has been noted.
8. 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.
Water and Sewer plans and specifications will be provided for review by the City Engineer
and Montana DEQ. The developer is aware of the requirement to provide Professional
Engineering services for Construction Inspection, Post-Construction Certification, and
preparation of mylar Record Drawings. Construction will not by initiated on public
infrastructure prior to approval and the pre-construction conference.
STREETS, CURB & GUTTER, SIDEWALKS, STORM DRAINAGE:
9. The street frontage for Durston Road shall be improved to a standard minor arterial
standard. The final design and layout shall be reviewed and approved by the City
Engineering Department at the time of infrastructure review.
The street frontage for Durston Road will be improved to a minor arterial standard or as
agreed by the developer and the City of Bozeman during the review process. Items to
consider include the existing Durston Road Special Improvement District and the timeline
for improvement of Durston Road to the east and the west.
10. Local street connectivity shall be considered with the layout of the subdivision. A plan
provided by the developer has shown future connection with the existing Rose Street with
the proposed Pipestone Street. This layout would be supported by the City Engineering
Department.
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Local street connectivity has been considered with the layout of this subdivision. It is noted
that engineering supports the proposed layout.
11. The proposed Sheridan Avenue shall line up directly with the existing Sheridan Avenue on
the south side of Durston Road.
The proposed Sheridan Avenue lines up directly with the existing Sheridan Avenue on the
south side of Durston Road.
12. No direct access from individual lots onto Durston Road will be approved.
A 1’ No Access Strip has been noted on the preliminary plat to prohibit access from
individual lots directly onto Durston.
13. Proposed street widths shall be indicated on the submittal. City Standard curb, gutter and
sidewalk shall be provided along all streets in the subdivision. Streets within the
subdivision will be City standard width. Detailed review of the street and intersection
design and approval by the City Engineer will be required as part of the infrastructure plan
and specification review process.
Proposed street widths are indicated on the preliminary plate included in Section IV of this
submittal.
MISCELLANEOUS
14. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
The location of mailboxes will be coordinated with the City Engineering Department and
USPS prior to installation.
15. A comprehensive lighting plan shall be submitted for all surrounding streets and
intersections.
Street light locations are shown on the preliminary plat included in Section IV of this
submittal. A detailed lighting plan will be submitted with construction drawings.
16. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
The developer is aware of this requirement.
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Additional Subdivision Preliminary Plat Supplements
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Additional Subdivision Preliminary Plat Supplements
Partridge Downs Subdivision
1. Surface Water (Waived)
There is no surface water on or immediately adjacent to this site.
2. Floodplains (Waived)
There are no designated floodplains on or immediately adjacent to this site.
3. Groundwater
According to the City of Bozeman GIS, groundwater levels for properties to the east and west
of this site have are four to five feet below ground surface. Well log reports were also obtained
through the Groundwater Information Center. These show static water levels ranging from five
to twelve feet below ground surface. Copies of the City of Bozeman GIS water table depth map
and the well log reports are attached in Appendix C.
Public City of Bozeman sanitary sewer and water are proposed for the project, minimizing
potential ground water degradation. Surface runoff will be controlled by channeling flows
into a retention basin. The basin will filter sediments and oil, which will reduce the potential
for contamination of downstream aquifers.
4. Geology, Soils and Slope (Waived)
No unusual geological features are present on the subdivision site.
5. Vegetation (Waived)
No wetlands or setbacks are present within the proposed subdivision.
6. Wildlife (Waived)
No critical wildlife species or habitats are known to be found on this property.
7. Historical Features (Waived)
No buildings over 50 years old exist on the site. (According to Montana Cadastral, the existing
residence was built in 1975 and the outbuilding was constructed in 1981.)
8. Agriculture
A portion of the property is hayed occasionally for livestock feed. No other agricultural uses
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Additional Subdivision Preliminary Plat Supplements
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exist on the site. The property is located in a residential area.
9. Agricultural Water User Facilities (Waived)
There are no agricultural water user facilities on the property.
10. Water and Sewer
Water Supply
Water for domestic use and fire protection will be provided by connections to the City of
Bozeman water system. The proposed water mains will connect to existing water mains in
Durston Road and Hanson Street. Please see the engineering design report in Appendix A for
more information.
Water rights or cash-in-lieu thereof, will be transferred with final plat.
Sanitary Sewer
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. A manhole is located in Hanson Street at the northeast corner
of the property. This manhole has a stub to the south which will be used as the connection point
for the proposed sanitary sewer network. From there, sanitary sewage will be conveyed to and
treated at the City of Bozeman’s Water Reclamation Facility. Please see the engineering
design report in Appendix A for more information.
11. Storm Water Management (Waived)
The proposed subdivision is located within an area of established public stormwater facilities.
Storm water within the subdivision will be conveyed to a retention pond on the northwest
corner of the property. Please see the engineering design report in Appendix A for more
information.
12. Streets, Roads, and Alleys
The proposed Partridge Downs Subdivision has legal access onto Durston Road and Hanson
Street. The proposed roads will match the established (existing) street grid structure.
Stormwater design will address treatment of stormwater runoff. Sidewalks will provide
pedestrian circulation within the subdivision. Trip generation is estimated at 9.55
trips/day/household (per ITE Trip Generation guidelines) for a total of 239 trips/day. A recent
traffic study conducted on this section of Durston Rd. shows an Average Daily Traffic of 5450.
If it’s assumed that 90% of Partridge Downs traffic goes to Durston, the estimated increase in
traffic is only 3.9%. Access to the subdivision will be provided from Durston Road and
Hanson Street.
The developer has filed a waiver of right to protest the creation of an SID for improvements to
paving, curb/gutter, sidewalk, storm drainage facilities for Durston Road and improvements to
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Additional Subdivision Preliminary Plat Supplements
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the intersections of Durston Road/27th Avenue, Durston Road/Fowler Avenue and Durston
Road/Ferguson Avenue.
During the pre-application process, the possibility of providing a different alignment for Rose
Street was brought up. After consideration, it was decided to use the design shown for the
following reasons:
a. The existing site boundaries and layout of adjacent subdivision provide limited
options for connectivity. There is no option to provide connectivity to the west.
b. There is an existing high quality home to the east. The proposed Rose Street
alignment will allow this home to remain even after Rose Street is built out to the
east.
c. The proposed alignment is similar to the alignments required to connect Annie
St/Annie Street and Lily Dr/Cottage Park Ln to the north.
d. The proposed Rose Street alignment is conducive to efficient land use within the
subdivision.
UDC 38.23.040.B states that “Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. 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. In no case shall a block exceed 1,320 feet
in length.” Blocks fronting N. Sheridan Avenue are approximately 494’ long. Considering the
site boundaries, layout of adjacent subdivisions, and existing infrastructure, it is impractical to
provide block length shorter than 400’ along N. Sheridan Avenue. Due to these design
constraints, Partridge Downs is considered to meet the provisions of UDC 38.23.040.B.
UDC 38.23.040.C states that “Blocks shall not be less than 200 feet or more than 400 feet in
width, except where essential to provide separation of residential development from a traffic
arterial or to overcome specific disadvantages of topography and orientation.” Blocks fronting
Rose Street are approximately 184’ wide. Considering the site boundaries, layout of adjacent
subdivisions, and existing infrastructure, it is not possible to provide block wider than 200’
along Rose Street. Due to these design constraints, Partridge Downs is considered to meet the
provisions of UDC 38.23.040.C.
The anticipated pavement design section for Partridge Downs subdivision is 3” asphalt over 6”
of 1½” minus crushed gravel over 12” of 6” minus pit run. This anticipated pavement design
section is based on the pavement design for the adjacent Oak Springs Subdivision.
Road maintenance for all streets will be provided by the City of Bozeman after the
improvements have been accepted by the City. Erosion and siltation control will be exercised
during construction by using the appropriate best management practices as outlined in
“Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water
Quality Bureau.
13. Utilities
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Letters requesting comments on their ability to service this subdivision have been sent to the
following service providers:
Republic Services of Montana (formerly Allied Waste), American Medical Response,
Bozeman Deaconess Hospital, Bozeman Public School District, Charter Communications,
NorthWestern Energy, CenturyLink (formerly Qwest Communications), Streamline Transit,
and U.S. Postal Service. Response letters from all of those who chose to comment are enclosed
in Appendix B.
NorthWestern Energy provided a response stating that they are willing and able to provide gas
and electric service to the proposed subdivision. A private utility plan will be submitted with
construction drawings. Standard 10’ front yard utility easements will be provided.
14. Educational Facilities
A letter was sent to Kevin R. Barre, Director of Facilities, Bozeman Public Schools and is
enclosed in Appendix B. A response was not received.
15. Land Use
Partridge Downs is proposed as a 30 lot major subdivision. All lots are proposed as single
family residential lots. Open Space is provided at the northwest corner of the site around the
stormwater retention pond, which is provided for drainage from the public street right of ways.
16. Parks and Recreation Facilities
On December 11, 2013 the Recreation and Parks Advisory Board provided favorable feedback
for a cash donation in-lieu of land dedication. For this subdivision, 0.03 acres per dwelling or
0.9 acres of total dedicated parkland or equivalent will be required.
17. Neighborhood Center Plan (Waived)
The proposed subdivision is less than ten acres and does not include a neighborhood center.
18. Lighting Plan
A Special Improvement Lighting District will be created after preliminary plat approval and
before the final plat application. Preliminary lighting layout is shown on the preliminary plat.
19. Affordable Housing (Waived)
The Workforce Housing Ordinance has been suspended until further notice.
20. Miscellaneous (Waived)
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No additional impacts or hazards are anticipated.
21. Stormwater Management Permit Application
A Stormwater Pollution Prevention Plan (SWPPP) will be submitted to the Montana
Department of Environmental Quality prior to construction.
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Bozeman Recreation & Parks Advisory Board
P.O. Box 1230 · Bozeman, MT · 59771
Park Plan Review
SUBJECT: Partridge Downs
PLANNER: Tom Rogers
FROM: Subdivision Review Committee
DATE OF REVIEW: April 4, 2014
COMMENTS:
• This is a 30 unit infill project located on Durston near Valley Unit and Oak Springs
Parks.
• At the pre-ap stage the Subdivision Review Committee recommended cash-in-lieu of
parkland.
RECOMMENDATION:
• The committee feels that this is an appropriate application of the cash-in-lieu option.
• Further development of Oak Springs Park would be an excellent use of these cash-in-lieu
funds.
FISCAL EFFECTS:
• No appraisal has been done yet but the estimated impact is $30,000
ALTERNATIVES:
• With several neighborhood parks in the area, such a small dedication requirement (0.9
acres) and no attractive features within the project to justify a small park, we do not see
a reasonable alternative.
Respectfully submitted,
Sandy Dodge, Chair, Subdivision Review Committee
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