HomeMy WebLinkAboutValley West Major Subdivision Amended Plat_Part6P14018, Staff Report for the AMENDED PLAT OF THE VALLEY WEST MAJOR
SUBDIVISION, PHASES 3B, 3C, AND 3D Page 1 of 17
P14018, Staff Report for the Amended Plat of the Valley West Major
Subdivision, Phases 3B, 3C, and 3D
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Public Hearing Dates: Planning Board meeting is on May 20, 2014
City Commission meeting is on June 9, 2014
Project Description: A major subdivision application for preliminary plat approval that would
allow the further subdivision of nine multi-household lots of approximately 3.5 acres into sixteen
lots for single household attached townhouses and fourteen lots for single household detached
dwellings in the Valley West Subdivision east of Cottonwood Road between Bembrick Street
and West Babcock Street.
Project Location: The subject property is legally described as Lot 1, Phase 3B; Lots 8, 9, and
16, Phase 3C; and Lots 22-26, Phase 3D of the Valley West Subdivision all situated in the
Northwest ¼, Section 10, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin
County, Montana and is known commonly as the Valley West Subdivision PUD.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application P14018 and move to approve the Amended Plat of the Valley
West Major Subdivision, Phases 3B, 3C, and 3D with conditions and subject to all
applicable code provisions.
Report Date: Tuesday, June 03, 2014
Staff Contact: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
The property owner, Valley West Holdings, LLC, represented by Morrison-Maierle, Inc.
submitted a preliminary plat application to allow the further subdivision of nine multi-household
lots of approximately 3.5 acres into sixteen lots for single household attached townhouses and
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fourteen lots for single household detached dwellings in the Valley West Subdivision. No
parkland is required for this subdivision as this is the proposed further subdivision of existing
lots for which parkland has been dedicated. No additional right of way or street improvements
are proposed. No public comment has been received. No variances are requested.
The Planning Board held a public hearing on this preliminary plat on May 20, 2014. No public
comment was received at the public hearing. The primary focus of the discussion regarded a
slight decrease in density, the existing alley access to the lots, and the proposed pedestrian access
to the lots along Cottonwood Road. Following discussions, the Planning Board recommended
approval of the subdivision with the findings, conditions, and code provisions provided in this
report. The vote to recommend approval was unanimous.
The audio/visual recording/minutes from this meeting can be accessed at the following link:
http://www.avcaptureall.com/Sessions.aspx#session.a0efb9f2-83bc-4077-8428-1194d581388a
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES ................................................................................. 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 7
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 7
SECTION 6 - STAFF ANALYSIS and findings ............................................................................ 8
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 8
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 10
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Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 15
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 15
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 16
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 16
FISCAL EFFECTS ....................................................................................................................... 16
ATTACHMENTS ......................................................................................................................... 17
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Multi-household apartment dwellings zoned R-4 (Residential High Density District).
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South: Vacant, zoned B-1 (Neighborhood Business District).
East: Single household detached dwellings, zoned R-3 (Residential Medium Density District).
West: Private School, Community Center zoned RMH (Residential Manufactured Housing).
Proposed Preliminary Plats
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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. These conditions are specific to the planned unit development.
Recommended Conditions of Approval:
1. 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.
2. The proposed ten foot private access easement across the west side of all lots and associated plat notes shall be designated public access and noted accordingly on the face of the plat or
the easement and associated notes shall be removed from the plat and the pedestrian access
walkway shall be placed in the Valley West Open Space to the west of the lots.
3. Pursuant to Section 38.24.090.B.2, BMC, legal and physical access shall be provided by an
improved alley and a greenway corridor trail with public access. The applicant shall either construct a minimum five foot concrete pedestrian walkway in a ten foot public access
easement on the west side of all lots or within the Valley West Open Space to the west of the
lots.
4. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Valley West Property Owner’s Association and binding property owners to contribute to the maintenance and
upkeep of dedicated parks and publicly accessible open space lands as required by the
agreement between the applicant and the Valley West Owner’s Association or the lots
created by this subdivision shall be annexed into the Valley West Owner’s Association. The
provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
5. The 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 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.
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6. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
7. 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 Cottonwood Road including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
b. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property). c. Signalization of the intersection of Ferguson Avenue and Durston Road. d. Signalization of the intersection of Ferguson Avenue and Cottonwood Road.
e. Signalization of the intersection of Ferguson Avenue and Babcock Street.
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.
8. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
9. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Cottonwood Road.
10. The proposed new lots created with this subdivision will require their own individual
water/sewer services. The final alignment of these service lines will be coordinated with
engineering and the water/sewer department.
11. Any water/sewer service stubs that will not be utilized by this development shall be properly
abandoned. Water services shall be disconnected at the main, and sewer services shall be disconnected five feet either side of the property line.
12. 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
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: The Valley West Amended Plat Major Subdivision preliminary plat
Phases 3B, 3C, 3D
File: P4018
Development Review Committee
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The Development Review Committee (DRC) reviewed the Preliminary Plat application on April
16, 23, and, 30 2014. On April 30, 2014, the DRC determined the submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision; and
as a result, finds that the application, with conditions, is in compliance with the adopted growth
policy, the Montana Subdivision and Platting Act and the Unified Development Code. On April
30, 2014, the DRC recommended conditional approval of the preliminary plat application.
The Planning Board
The Planning Board conducted a public hearing on the application at their May 20, 2014
meeting. No public comment was received. The Planning Board recommended unanimous
approval of the subdivision subject to the findings, conditions, and code provision presented in
the staff report.
The City Commission will make the final decision on this subdivision application. The hearing
date for the City Commission is June 9, 2014 at 6 pm at 121 N. Rouse Avenue, City Hall.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. 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. 5 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, the recommendation of the Bozeman Planning Board, as well as any public
testimony received on the matter, the City Commission will make the final decision on the
applicant’s request.
A preliminary plat application was submitted on February 24, 2014. The application was deemed
to not include all the required elements for review on March 3, 2014. Additional information was
required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional
information on March 27, 2014 the application was deemed acceptable for initial review on April
3, 2014. The preliminary plat was reviewed by the DRC on April 16, April 23, and April 30.
The DRC and determined the submittal contained detailed, supporting information that is
adequate to allow for the continued review of the proposed subdivision on April 30, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
27, 2014. The site was posted with a public notice on May 1, 2014. Public notice was sent to
property owners of record within 200 feet of the subject property via first class mail, on April 29,
2014. No comment has been received as of the production date of this report.
On April 28, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Development Review Committee for
consideration by the Planning Board at their May 20, 2014 meeting. The Planning Board
conducted a public hearing on the application at their May 20, 2014 meeting. No public
comment was received. The Planning Board recommended unanimous approval of the
subdivision subject to the findings, conditions, and code provision presented in the staff report.
The City Commission is scheduled for a June 9, 2014 application review and 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 July 25, 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
In accordance with Section 38.23.060.A, BMC all easements, existing and proposed, have been
accurately depicted and addressed on the preliminary plat and will be required to be addressed on
the final plat. Therefore, all utilities and necessary utility easements will be provided and
depicted accordingly on the final plat.
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6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to a greenway corridor as shown on the preliminary plat.
The greenway corridor is not developed at this time with public pedestrian access. In order to
comply with the code the DRC recommends condition Nos. 2 and 3 to require that pursuant to
Section 38.24.090.B.2, BMC that legal and physical access shall be provided by an improved
alley and a greenway corridor trail with public access. The applicant shall either construct a
minimum five foot concrete pedestrian walkway in the proposed ten foot access easement on the
west side of all lots or within the Valley West Phase Open Space to the west of the lots and that
the ten foot access easement across lots shall be public access if that option is utilized.
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 previously undergone
subdivision review and approval, and has begun to be developed. Therefore, this major
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. As noted under
criteria one above the property is designated as a residential area according to the City of
Bozeman Community Plan. The area is zoned for residential development, has previously
undergone subdivision review and approval, and has begun to be developed. Therefore, this
major subdivision will not have adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent right-of-ways. Capacity
exists to serve this subdivision. No additional water and sewer main extensions are required.
Each lot will need to be provided with a water and sewer service stub. Engineering Division
recommended conditions Nos. 10 and 11 apply to this issue.
Streets – The DRC has determined that the adjacent streets, when developed to City standards,
have capacity to accommodate this development. No additional density is proposed through this
subdivision. The lots proposed for further subdivision have undergone subdivision review and
approval. Improvements to the street infrastructure have been completed to accommodate the
proposed uses. In order to facilitate the continued upgrades to the City’s street and transportation
infrastructure the Engineering Division recommends condition of approval No. 7 for the
subdivider to provide waivers of right to protest future special improvements districts for
transportation infrastructure in the project vicinity.
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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 – Now new stormwater infrastructure is proposed. The lots proposed for further
subdivision have undergone subdivision review and approval. Stormwater facilities have been
provided.
Parklands – A waiver was requested and granted for Parks and Recreation Facilities Supplement
information as the site is within an existing subdivision, dedicated parkland credits from the
original Valley West Subdivision to meet Section 38.27, BMC exist.
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. The lots proposed for further
subdivision have undergone subdivision review and approval.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lots will have minimal impacts on wildlife and wildlife
habitat. The impacts to the more important habitat areas were addressed and mitigated during
the review of the original subdivision and are preserved as open space and/or parklands. Further,
the project is in a developing area identified for development.
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 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 BMC “Additional Subdivision Preliminary Plat Supplements” for all of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The DRC granted waivers to the supplemental information under 38.41.060, BMC
with the pre-application plan review application for all waivers as requested except for water and
sewer and utilities. Staff offers the following summary comments on the supplemental
information required with Article 38.41, BMC.
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38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. There are no known geologic hazards associated with the site.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property. Noxious
weeds are being controlled by the required Noxious Weed Management Plan.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. This is a developing urban area. There is no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. 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. The subject property has previously undergone
subdivision review. This is a developing area and there no agricultural water user facilities on or
adjacent to the site.
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 by the rearrangement of the existing service stubs to accommodate individual lots.
Sewer service will be provided by connections to the City of Bozeman sewer system by the
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rearrangement of the existing service stub to accommodate individual lots. The Engineering
Division recommends condition of approval Nos. 10 and 11 that apply to this issue.
38.41.060.A.11 Stormwater Management
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Stormwater infrastructure was provided with the previous subdivision.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Street infrastructure was provided with the previous subdivision.
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.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No additional density is being proposed with this subdivision.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The lot dimensions comply with the zoning designation of R-3.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Required parkland and recreation facilities were dedicated with the original
Valley West subdivision.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. A neighborhood center was provided with the Valley West subdivision.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. Street lighting was provided with the Valley West subdivision.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The subdivision will not impact access to any public lands and there are no
identified hazards in proximity to the subject property.
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38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing requirements, Section
10.8, BMC, have been deferred by the City Commission.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R-
3 residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
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.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A major subdivision application for preliminary plat approval that would allow the further
subdivision of nine multi-household lots of approximately 3.5 acres into sixteen lots for single
household attached townhouses and fourteen lots for single household detached dwellings in the
Valley West Subdivision east of Cottonwood Road between Bembrick Street and West Babcock
Street.
Project Background
The Valley West Subdivision is a phased subdivision and planned unit development. The
subdivision began in 2001 with the first final plat. Multiple phases have been platted over time.
The lots in this subdivision proposal were included in three different phases: 3B, 3C, and 3D.
These phases were the last three phases of Valley West Subdivision that have been platted. The
subject lots along Cottonwood Road were planned for multi-household condominium dwellings.
The market and financing for condominium projects has decreased in supply. This proposal is to
further subdivide these lots for single household attached townhouses and single household
detached dwellings. This is consistent with the character of the subdivision and planned unit
development. The density is slightly less than what could have occurred under the larger multi-
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household lots. The resulting density of this subdivision is above the minimum standard of 5
units to the acre as required in the R-3, Residential Medium Density zoning district.
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 18, 2013 and January 8, 2014. Summary review comments
were forwarded to the applicant on January 15, 2014 in preparation of the preliminary plat
application and granted numerous supplemental information waivers under 38.41.060, BMC.
A preliminary plat application was submitted on February 24, 2014. The application was deemed
to not include all the required elements for review on March 3, 2014. Additional information was
required per Chapter 38 of the Bozeman Municipal Code (BMC). After receiving additional
information on March 27, 2014 the application was deemed acceptable for initial review on April
3, 2014. The preliminary plat was reviewed by the DRC on April 16, April 23, and April 30.
The DRC and determined the submittal contained detailed, supporting information that is
adequate to allow for the continued review of the proposed subdivision on April 30, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
27, 2014. The site was posted with a public notice on May 1, 2014. Public notice was sent to
adjacent property owners of record via certified mail and property owners of record within 200
feet of the subject property via first class mail, on April 29, 2014. No comment has been
received as of the production date of this report.
On April 28, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Development Review Committee for
consideration by the Planning Board at their May 20, 2014 meeting. The Planning Board
conducted a public hearing on the application at their May 20, 2014 meeting. No public
comment was received. The Planning Board recommended unanimous approval of the
subdivision subject to the findings, conditions, and code provision presented in the staff report.
The City Commission is scheduled for a June 9, 2014 application review and 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 July 25, 2014.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Valley West Holdings, LLC 1800 2nd Street, Suite 806 Sarasota, FL 34236
Applicant: Valley West Holdings, LLC PO Box 11751 Bozeman, MT 59719
Representative: Morrison-Maierle Inc. PO Box 1113 Bozeman, MT 59771
Report By: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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P14018, Staff Report for THE AMENDED PLAT OF THE VALLEY WEST MAJOR
SUBDIVISION, PHASES 3B, 3C, AND 3D Page 17 of 17
ATTACHMENTS
1. Planning Board Resolution P14018
2. Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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Amended Plat of the Valley West Major Subdivision, Phases 3B, 3C, and 3D
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RESOLUTION #P-14018
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO FURTHER
SUBDIVIDE NINE MULTI-HOUSEHOLD LOTS OF APPROXIMATELY 3.5 ACRES INTO SIXTEEN LOTS FOR SINGLE HOUSEHOLD ATTACHED TOWNHOUSES AND FOURTEEN LOTS FOR SINGLE HOUSEHOLD DETACHED DWELLINGS IN
THE VALLEY WEST SUBDIVISION EAST OF COTTONWOOD ROAD BETWEEN
BEMBRICK STREET AND WEST BABCOCK STREET. THE SUBJECT PROPERTY
IS LEGALLY DESCRIBED AS LOT 1, PHASE 3B; LOTS 8, 9, AND 16, PHASE 3C; AND LOTS 22-26, PHASE 3D OF THE VALLEY WEST SUBDIVISION ALL SITUATED IN THE NORTHWEST ¼, SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5
EAST, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AND IS
KNOWN COMMONLY AS THE VALLEY WEST SUBDIVISION PUD.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner Valley West Holdings, LLC 1800 2nd Street, Suite 806 Sarasota, FL 34236, applicant Valley West Holdings, LLC PO Box 11751 Bozeman, MT 59719
represented by Morrison-Maierle Inc. PO Box 1113 Bozeman, MT 59771 submitted a Major
Subdivision Preliminary Plat Application to further subdivide nine multi-household lots of
approximately 3.5 acres into sixteen lots for single household attached townhouses and fourteen lots for single household detached dwellings in the Valley West Subdivision; and legally described as Lot 1, Phase 3B; Lots 8, 9, and 16, Phase 3C; and Lots 22-26, Phase 3D of the
Valley West Subdivision all situated in the Northwest ¼, Section 10, Township 2 South, Range 5
East, PMM, City of Bozeman, Gallatin County, Montana and is known commonly as the Valley
West Subdivision PUD. and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
May 20, 2014, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and
WHEREAS, no members of the general public provided public comment; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application in regards to the character of the area and the intent of the
subdivision and zoning district; and
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Amended Plat of the Valley West Major Subdivision, Phases 3B, 3C, and 3D
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WHEREAS, the City of Bozeman Planning Board moved to recommend approval of the
preliminary plat application with the recommended conditions of approval provided in the staff report; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the
Major Subdivision Preliminary Plat Application would comply with those requirements; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P14018 and voted 6-0 to recommend approval of the preliminary plat
application for the Amended Plat of the Valley West Major Subdivision Phases 3B, 3C, and 3D
authorizing to further subdivide nine multi-household lots of approximately 3.5 acres into sixteen
lots for single household attached townhouses and fourteen lots for single household detached dwellings subject to the following conditions:
1. 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.
2. The proposed ten foot private access easement across the west side of all lots and associated plat notes shall be designated public access and noted accordingly on the face of the plat or the easement and associated notes shall be removed from the plat and the pedestrian access
walkway shall be placed in the Valley West Open space to the west of the lots.
3. Pursuant to Section 38.24.090.B.2, BMC, legal and physical access shall be provided by an
improved alley and a greenway corridor trail with public access. The applicant shall either construct a minimum five foot concrete pedestrian walkway in a ten foot public access easement on the west side of all lots or within the Valley West Open Space to the west of the
lots.
4. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Valley West Property Owner’s Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the
agreement between the applicant and the Valley West Owner’s Association or the lots
created by this subdivision shall be annexed into the Valley West Owner’s Association. The
provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
5. The 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 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
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Amended Plat of the Valley West Major Subdivision, Phases 3B, 3C, and 3D
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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.
6. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
7. 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 Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
c. Signalization of the intersection of Ferguson Avenue and Durston Road.
d. Signalization of the intersection of Ferguson Avenue and Cottonwood Road. e. Signalization of the intersection of Ferguson Avenue and Babcock Street.
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.
8. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
9. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Cottonwood Road.
10. The proposed new lots created with this subdivision will require their own individual water/sewer services. The final alignment of these service lines will be coordinated with
engineering and the water/sewer department.
11. Any water/sewer service stubs that will not be utilized by this development shall be properly
abandoned. Water services shall be disconnected at the main, and sewer services shall be disconnected five feet either side of the property line.
12. 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
DATED THIS DAY OF , 2014 Resolution #P-14018
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Amended Plat of the Valley West Major Subdivision, Phases 3B, 3C, and 3D
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_____________________________ ____________________________
Trever McSpadden, President Brian Krueger
City of Bozeman Planning Board Department of Community Development
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