HomeMy WebLinkAboutG1 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders,Assistant Planning Director
Chris Kukulski, City Manager
SUBJECT: LeClair Minor Subdivision Preliminary Plat Application, #Z-05078
MEETING DATE: Public hearing continued to Monday,June 5,2006,at 6:00 pm
BACKGROUND: Property owners Highwood Estates, and applicant Ken LeClair, have submitted
a Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat application to
resubdivide 1.646 acres and relocate a common boundary to create five single-household residential
lots. The subject property is annexed and has a zoning designation of R-1 (Residential Single-
Household,Low Density District).
There are four existing lots, and existing Lot 3 is crossed by an access easement for the water tank
which makes the lot unbuildable. The existing lots were created in 1983 with a dedicated 20-foot
right-of-way connecting Kenyon Dr to the water tank site. In 1990, the lots were rearranged to
eliminate the 20-foot right-of-way and to provide a 30-foot wide water tank access easement in its
current location. The subject properties are currently vacant.
This project was open and continued from the Monday, March 6, 2006 public hearing to Monday,
June 5, 2006 so that issues related to the extension of Kenyon Drive could be resolved.
UNRESOLVED ISSUES: The applicant is working with Bozeman Deaconess Health Services,
the developer to the north, to coordinate infrastructure improvements. It is possible that a
temporary cul-de-sac, sewer main easements and/or an all-weather service road will not be needed.
Therefore, recommended conditions 2, 3, 12 and 13 should be re-phrased to include language such
as "if required" or"if needed."
RECOMMENDATION: Staff recommends that this application be conditionally approved with
the conditions listed on Pages 2-3 of Planning Board Resolution #P-05078,with the revisions noted
above in"Unresolved Issues."
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property,when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
Report compiled on May 30,2006
Respectfully submitted,
Chris Saunders,Assistant Planning Director Chris Kukulski, City Manager
Attachments: Planning Board Resolution#P-05078
February 22,2006 Planning Board minutes
Staff report
Report compiled on February 17, 2006
PLANNING BOARD STAFF REPORT
LECLAIR MINOR SUBDIVISION FILE NO. #P-05078
Item: Subdivision Preliminary Plat Application #P-05076, a Second or Subsequent
Minor Subdivision from a Tract of Record to resubdivide 1.646 acres and
relocate a common boundary to create five single-household residential lots.
The subject property is legally described as Lots 1A— 4A, Block 2A, LeClair's
Rearrangement of Graf s First Subdivision, situated in the east one-half of the
southeast one-quarter of Section 18, T2S, R6E, PMM, City of Bozeman,
Gallatin County, Montana.
Owner: Highwood Estates, Inc.
2421 Highland Blvd
Bozeman,MT 59715
Applicant: Ken LeClair
2421 Highland Blvd
Bozeman,MT 59715
Representative: Rocky Mountain Engineers, PLLC
1700 W Koch St
Suite 7
Bozeman, MT 59715.
Date/Time: Before the Bozeman Planning Board on Wednesday, February 22, 2006 at 7:00 `
p.m. in the City Commission Meeting Room, City Hall, 411 East Main Street, -
Bozeman,Montana.
Before the Bozeman City Commission on Monday, March 6, 2006 at 6:00 p.m.
in the Community Room, Gallatin County Courthouse, 311 West Main Street,
Bozeman, Montana.
Report By: Jody Sanford, Senior Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is legally described as Lots 1A —4A,Block 2A,LeClair's Rearrangement of Grafts First
Subdivision, situated in the east one-half of the southeast one-quarter of Section 18, T2S, R6E, PMM, City
of Bozeman, Gallatin County, Montana;is commonly known as ;and is generally located east of Kenyon Dr
and adjacent to Josephine Park.
The property is zoned R-1 (Residential Single-Household,Low Density District).
Please refer to the vicinity map provided on Page 2.
#P-05078 LeClair Minor Subdivision Staff Report 1
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PROPOSAL AND BACKGROUND
Ken LeClair, represented by Rocky Mountain Engineers,have made application for a Second or Subsequent
Minor Subdivision from a Tract of Record to resubdivide 1.646 acres and relocate a common boundary to
create five single-household residential lots.. There are four existing lots and existing Lot 3 contains an
access easement for the water tank which makes the lot unbuildable. The existing lots were created in 1983
with a dedicated 20-foot right-of-way connecting Kenyon Dr to the water tank site. In 1990, the lots were
rearranged to eliminate the 20-foot right-of-way and to provide a 30-foot wide water tank access easement
in its current location. The subject properties are currently vacant.
ZONING DESIGNATION &LAND USES
The subject property is zoned R-1 (Residential Single-Household, Low Density District). The intent of the
R-1 district is to provide for single-household residential development and related uses within the City at
urban densities, and to provide for such community facilities and services as will serve the area's residents
while respecting the residential character and quality of the area.
The following land uses and zoning are adjacent to the subject property:
North: Vacant, annexed or approved for annexation, zoned R-3 (Residential Medium Density
District)
South: Single-household residential, annexed and zoned R-1
East: Josephine Park and City water tank, annexed and zoned R-1
West: Vacant single-household lots and Burke Park, annexed and zoned R-1
#P-05078 LeClair Minor Subdivision Staff Report 2
ADOPTED GROWTH POLICY DESIGNATION
The subject property, as well as adjacent properties to the north, south and west,is designated as Residential
in the Bozeman 2020 Community Plan. This category designates places where the primary activity is urban
density living quarters. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. Josephine and Burke Parks are
designated Parks, Open Space and Recreational Lands. This category designates publicly owned recreational
lands, including parks, as well as certain private lands. These areas are generally open in character and may
or may not be developed for active recreational purposes.
PRELIMINARY PLAT SUPPLEMENTS
During the preapplication review the applicants submitted a letter requesting waivers for all of the materials
required by Section 18.78.060 "Additional Subdivision Preliminary Plat Supplements" of the UDO. During
the preapplication review, the development review committee (DRC) voted to grant the waivers with the
exception of the following:
• 17.78.060.D, Geology - With the preliminary plat, the applicant shall provide a soils report to the
Building Division recommending types of foundations. This detailed soils information is required
by the International Building Code which the City has adopted. Also,identify slopes in excess of 15
percent grade, as required by the Unified Development Ordinance.
• 17.78.060.L, Streets, Roads-& Alleys - Since a public street will be extended, the typical plans,
specifications and design reports will be required.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission's decision to approve, conditionally approve or deny the subdivision
shall be whether the preliminary plat, Planning Board advise and recommendation, and additional
information demonstrates that development of the subdivision complies with the Unified Development
Ordinance, the City's growth policy, the Montana Subdivision and Platting Act and other adopted state and
local ordinances. The Montana Subdivision and Platting Act established six primary review criteria, which
the governing body must also consider when evaluating subdivisions. Planning staff, the DRC, and other
reviewing agencies have made comments in relation to those and other criteria as described below, and have
recommended conditions as outlined in this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been master planned for Residential development. The property has been
platted for many years and does not support agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. There are existing water and sewer mains in Kenyon Dr, but main extensions
will be required to service the new lots. Per code, the water and sewer improvements must
#P-05078 LeClair Minor Subdivision Staff Report 3
be installed or financially guaranteed prior to final plat approval, and must be installed prior
to issuance of building permits. The applicant must submit plans, specifications and a
detailed design report for the water and sewer main extensions to the City Engineer and the
Montana Department of Environmental Quality for review and approval.
A City-approved all weather access road will be required to access the new manhole to be
installed northeast of the subject property. Because of the elevation of the subdivision, there
may be inadequate water pressure in the water main to comply with MT Department of
Environmental Quality standards and to serve the individual lots without service pumps.
Easements will be required for all locations where sewer mains cross parkland or private
property. Any water main extension exceeding 500 feet must be looped.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. Therefore, water rights or cash-in-lieu thereof must be obtained with this
development unless already paid.
Police/Fire. The property is well within the City's Police and Fire emergency response area.
The subdivider must obtain an address for the new lot from the City Engineering Division
prior to filing of the final plat to facilitate fire and police response to the site. The proposed
temporary turnaround must be acceptable to the Fire Department.
Streets. Kenyon Dr is proposed to be extended to the north as a standard City street, with
curb, gutter and sidewalk, within a 60-foot right-of-way. The proper easements for the
temporary turnaround, proposed for placement on property owned by Bozeman Deaconess
Health Services, must be provided. The applicant must submit plans, specifications and a
detailed design report for public streets to the City Engineer for review and approval. The
street improvements must be installed or financially guaranteed prior to final plat approval,
and must be installed prior to issuance of building permits. However, sidewalks must be
installed prior to occupancy of any structure on the property, or by 30 days after the third
anniversary of the recordation of the final plat if construction has not yet occurred.
To minimize wear and tear on existing City streets, and to reduce traffic conflicts, the
applicant will need to provide a construction route map and make provisions for the routine
cleaning/sweeping of adjacent streets in compliance with the Unified Development
Ordinance.
Finally, signage and striping will be required to restrict parking in front of the existing drive
access to the water tank. No parking signs must be installed at the terminus of the street.
The location where the existing trail crosses Kenyon Dr must be delineated with signage
and/or markings acceptable to the Street Department.
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. The preliminary plat shows the
proposed stormwater pond on Lot 1. The pond must instead be located on a separate lot to
be owned and maintained by the homeowners association.
#P-05078 LeClair Minor Subdivision Staff Report 4
Parks. There is no parkland dedication requirement for minor subdivisions. The extension
of Kenyon Dr will cross an existing City linear park and trail. The preliminary plat shows
part of the temporary turnaround and the required all-weather access road on the City park.
Staff is recommending that both of the improvements be relocated so they are not on the
existing linear park. Disturbance to the existing trail, cause by installation of streets and
infrastructure, shall be restored in compliance with the City's trail specifications upon
completion of these improvements.
Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be filed and of record with
the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed
documents shall be submitted with the final plat.
Finally, it appears that the existing linear trail encroaches on the north end of the subject
property. The Parks Department and the Gallatin Valley Land Trust will work together to
relocate the existing trail off of proposed Lot 1.
Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary
plat shows a 10-foot utility easement along the rear of the lots. The final plat will also need
to show 10-foot wide front yard utility easements unless written confirmation is provided-
from ALL utility companies providing service indicating that front yard easements are not
needed.
4. Effects on the Natural Environment
A Memorandum of Understanding must be entered into with the County Weed Board prior
to submittal of the final plat.
5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. The property has been platted,
and surrounded by developed land, for many years.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the public
health, safety and general welfare. The subdivision has been reviewed and determined to be
in general compliance with the title. Any other conditions deemed necessary to ensure
compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision
and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and
the Bozeman Municipal Code.
#P-05078 LeClair Minor Subdivision Staff Report 5
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. Section 18.42.060.B.2 requires that 10-foot wide front yard utility easements be provided
unless written confirmation is provided from ALL utility companies providing service
indicating that front yard easements are not needed.
2. According to Section 18.42.080.D, stormwater ponds shall not be located on private lots.
The final plat shall show a common open space lot, to be used for stormwater detention, to
be owned and maintained by the property owner's association instead of a storm drainage
easement.
3. Pursuant to Section 18.50.090, executed waivers of right to protest creation of special
improvement districts (SIDS) for a park maintenance district shall be filed and of record with
the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the fled
documents shall be submitted with the final plat.
4. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered
into with the Weed Control District prior to submitting the final plat. A copy of the MOU
shall be submitted with the final plat application.
5. 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.
6. Pursuant to Section 18.42.120, the location of mailboxes shall be coordinated with the City
Engineering Department prior to their installation.
7. Pursuant to Section 18.42.080, 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.
8. The new street shall be constructed to follow the City of Bozeman Local Street Standards in
accordance with Chapter 18.44.
9. Plans and specifications for any water, sewer and/or storm sewer main extensions, and
Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional
Engineer (PE) 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. Specific
comments regarding the existing and proposed infrastructure shall be provided at that time.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. No building permits will be issued prior to City acceptance of the
infrastructure improvements.
10. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1. This
shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure
that the construction traffic follows the approved routes.
#P-05078 LeClair Minor Subdivision Staff Report 6
11. All construction activities shall comply with Section 18.74.020.A.2. 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.
12. A final copy of the covenants,restrictions, and articles of incorporation for the creation of a
homeowners' association, or inclusion of these new lots in an existing homeowners'
association, shall be submitted with the preliminary plat application for review and approval
by the Planning Department and shall contain, but not be limited to, provisions for
assessment, maintenance, repair and upkeep of common open space areas, public
parkland/open space corridors, stormwater facilities, public trails, snow removal, lighting
and other areas common to the association pursuant to Chapter 18.72 of the Bozeman
Unified Development Ordinance.
13. In accordance with Section 18.78.070, the final plat shall conform to all requirements of the
Bozeman Unified Development Ordinance 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 and correct certificates. The final plat application shall include
four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and
five (5) paper prints.
14. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in
force for not more than one calendar year. Prior to that expiration date, the developer may
submit a letter of request for the extension of the period to the Planning 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 Section 18.74.060,BMC.
15. Pursuant to Section 18.74.030.B, if it is the developer's intent to file the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, 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.
16. Pursuant to Section 18.06.060, 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 has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.)
where this information can be found.
#P-05078 LeClair Minor Subdivision Staff Report 7
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on October 14, 2005. The preapplication was reviewed
by the DRC on November 2, 9 and 16, 2005, and the final preapplication letter was mailed on
November 18, 2005. The applicant had until November 18, 2006 to submit a preliminary plat
application.
A preliminary plat application was submitted on December 22, 2005 and the required completeness
letter was sent on December 29, 2005. The preliminary plat was reviewed by the DRC on January 4,
11 and 18, 2006, and the required adequacy letter was mailed on January 18, 2006. On the third and
final week of DRC review, a favorable recommendation was forwarded for consideration by the
Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, February 5
and 12, 2006. The site was posted with a public notice on February 3,2006. Finally, notice was sent
to adjacent property owners via certified mail, and to property owners of record within 200 feet of
the subject property via first class mail, on February 3,2006.
On February 14, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at their February
22, 2006 public hearing. The City Commission will make a final decision at the March 6, 2006
public hearing. A final decision for a Second or Subsequent Minor Subdivision from a Tract of
Record Preliminary Plat must be made within 60 working days of the date it was deemed complete
or in this case by March 15, 2006. If the application is approved on March 6, 2006 then it will have
taken 53 working days.
E. Provision of easements for the location and installation of any planned utilities.
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows a 10-
foot utility easement along the rear of the lots. The final plat will also need to show 10-foot wide
front yard utility easements unless written confirmation is provided from ALL utility companies
providing service indicating that front yard easements are not needed.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from Kenyon Dr which is a public street. All of the lots have
adequate width to meet the City's frontage requirements.
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions of approval do not include code requirements identified in the Staff Findings.
Mandatory compliance with the explicit terms of the Unified Development Ordinance does not constitute
conditions of approval. The conditions of approval may require compliance with more than the minimum
standards in order to conform to the physical and economic development of the City, and to the safety and
general welfare of the future lot owners and of the community at large. The applicant must comply with all
provisions of the Bozeman Municipal Code,which are applicable to this project.
Planning Staff and the Development Review Committee (DRC) find that the application,with conditions,is
in general compliance with the adopted Growth Policy, the Montana Subdivision and Platting Act and the
#P-05078 LeClair Minor Subdivision Staff Report 8
Unified Development Ordinance. The Planning Board may provide advice and comments on the following
recommended conditions of approval:
1. The applicant shall provide a soils report for the Building Division, recommending types of
foundations,with the final plat.
2. An easement for placement of a temporary cul-de-sac on the property to the north (Bozeman
Deaconess Health Services) shall be executed prior to submittal of the final plat. The easement
document and exhibit shall be submitted to the Engineering and Fire Departments for their review
and approval prior to filing at the Clerk and Recorders Office.
3. On the final plat, the temporary cul-de-sac shall be relocated so that it does not encroach on the
linear park; the linear park shall only be crossed by a street section and not part of a temporary cul-
de-sac or other approved turnaround.
4. The location where the linear park crosses Kenyon Dr should be delineated in a manner acceptable
to the City Streets and Signage Departments, and lighted in compliance with Section 18.42.150.C.6
of the Unified Development Ordinance. The operation and maintenance of the trail crossing
lighting shall be paid for by the homeowner's association with the covenants, restrictions, and
articles of incorporation for the homeowners' association amended appropriately.
5. The applicant shall move the existing bench, and work with the Parks Department and GVLT to
find a suitable location for the bench. Documentation that the bench has been moved,including the
new location for the bench, shall be submitted with the final plat.
6. Disturbance to the existing trail, cause by installation of streets and infrastructure, shall be restored
in compliance with the City's trail specifications upon completion of these improvements.
7. Unless the applicant can show that water rights or cash-in-lieu thereof has already been provided for
the subject property, water rights or cash-in-lieu thereof, as calculated by the Director of Public
Service,is due with the final plat.
S. Due to the proximity of these proposed lots to the City of Bozeman water tank, it is imperative that
all existing easements and property lines are not infringed upon by any obstructions temporary,
permanent, or otherwise.
9. It should be noted upon the final plat that the existing City of Bozeman water tank contains several
pieces of communication equipment and will emit a constant low intensity hum. In addition, an
emergency generator is located at this site and is run weekly for an hour and would operate any time
there is an emergency power outage within the City.
10. Signage and striping shall be put into place restricting parking in front of the drive access to the
water tank.
11. The cul-de-sac at the end of Kenyon Drive must be signed and striped so as to restrict parking
within the cul-de-sac.
12. Because of the subdivision's elevation, there may be inadequate water pressure to serve the
individual lots without service pumps.
13. All water main extension designs must meet any and all MDEQ minimums. Chapter 8.1.1 of the
MDEQ design standards state: The system must be designed to maintain a minimum normal
working pressure of 35psi. Maximum normal working pressure should be approximately 60psi.
#P-05078 LeClair Minor Subdivision Staff Report 9
Minimum pressure under all conditions of flow (e.g. fire flows) must be 20psi. Minimum required
pressures must be based on those occurring at ground level at the highest building sites served by
the proposed water mains excluding service line head losses.
14. Any water main extension exceeding 500 feet must be looped.
15. A City-approved all weather access road will be required to access any sewer manholes that are not
located within a public street. This all weather access road will not interfere with or overlap any
public trails. It is staffs recommendation that the utility easement, all weather access road, and the
detention basin be located on a separate lot to the north side of lot 1.
16. An easement will be necessary for any sewer main extension that will extend through parkland or
private property.
17. The final 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 waiver or other relaxation
of the lawful requirements of the Bozeman Municipal Code or state law.
CONCLUSION/RECOMMENDATION
,Pursuant to Section 18.06.040.1) of the Unified Development Ordinance, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in compliance or
noncompliance with the adopted growth policy. The Planning Board shall act to recommend approval,
conditional approval or denial of the preliminary plat application. The Board shall then provide advice and
comments to the Bozeman City Commission for its consideration at its Monday, March 6, 2006, public
hearing which begins at 6:00 p.m. The Planning Board Resolution #P-05076 and minutes from the
Planning Board's February 22, 2006 public hearing will be forwarded to the City Commission and made a
part of the Commission's record.
THE BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE
BOZEMAN CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY
BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
PUBLIC COMMENTS
One letter has been received to date, from the Gallatin Valley Land Trust, and is attached to this report.
Any public comments received after the date of this report will be distributed at the public hearing.
ATTACHMENTS
Applicant's preliminary plat submittal materials
cc: Highwood Estates, Inc.,2421 Highland Blvd,Bozeman,MT 59715
Ken LeClair,2421 Highland Blvd,Bozeman, MT 59715
Rocky Mountain Engineers,PLLC, 1700 W Koch St, Suite 7,Bozeman,MT 59715.
#P-05078 LeClair Minor Subdivision Staff Report 10
Gallatin Valley an Trust
January 10,2006
U
To: Jody Sanford,Planner JAN 0 2006
From: Ted Lane Gallatin Valle Land Trust o COMMENT,Or PLA�dNING Lange, y i�ND COMMUNITY pEVELOPMENT
Subject: LeClair MiSub Prel. Plat#P-05078
GVLT is very concerned about the impacts on the trail connecting Burke Park with Highland if
Kenyon is connected through to the Bozeman Deaconess Health Services' proposed development to
the north. If Kenyon goes through, it will cut an existing, highly-used trail that will see dramatically
increased use when the Health Services' extensive proposed developments on both sides of Highland
are completed. It will also cut an important potential groomed ski trail connection linking the Burke
Park/Lindley Park area groomed trails with a potentially extensive network of groomed trails on the
Health Services' land east of Highland.
• GVLT is strongly opposed to the construction of a cul-de-sac or hammerhead on the existing
trail right-of-way.
• GVLT strongly recommends that a temporary cul-de-sac be constructed on LeClair's Lot 1.
We believe that no decision should be made on whether to extend Kenyon across the trail until
that decision can be coordinated with consideration of the preliminary plat for the Health
Services' proposed"Hillcrest West Neighborhood"development to the north.
• GVLT strongly recommends that if at all possible,the alignment of the sewer should also be
coordinated with Health Services' proposed"Hillcrest West Neighborhood"development to the
north. It would be far preferable to locate all manholes in paved residential streets rather than
in the middle of a trail necessitating the conversion of a section of trail to a dirt road. We
believe that locating a manhole between Kenyon and Highland in the middle of this high-use
trail may unnecessarily compromise the quality of the trail.
• If a decision is made to extend Kenyon to the north, the road should be designed to ensure a
safe trail crossing. There should be no parking near the crossing and the crossing should be
well signed and striped. One option that should be considered is gating Kenyon at the southern
boundary of the Health Services' property and limiting access to emergency and maintenance
use only.
Sincerely
Te(f Lange, Staff
P.O.Box 7021 ■ Bozeman,Montana 59771-7021 ■ 406-587-8404 ■ Fax 406-582-1136 ■ www.gvtt.org
recycled paper
TO:City commission/City planner
FR:T Weaver
RE: Kenyon extension.
DT:3 March 2006
I picked up a face down city`bill board'at the blue water tower yesterday morning and discovered plans
for Kenyon Drive.
Because I like open space I am saddened to hear of new units to be built at the water tower. `I grant this'
however,because this use was always so advertised. And because LeClair generally builds attractive
homes.
I object,though,to extending Kenyon to the projected road network of the hospital land to the north or
putting a Kenyon cul-de-sac on hospital land(a transparent step to eventual connection). I believe every
inhabitant of Kenyon and O'Connel Drive will agree(And will pass a petition if you need convincing,
please advise)
I object because extension will increase traffic through our quiet neighborhood. In choosing my house in
19851 inquired about the area and was assured that there would be no through traffic(and by-the-way,that
the water tower would be non-industrial,like the Sourdough tower,and that the lots wouldn't be divided).
Two of the trusts have been violated,please respect the third.
I object because the road/cul-de-sac will interfere with Burk park access,parking,use. The present access
and parking is well used by many citizens,including wheel chair users,and their dogs. I think you will
agree that extension of Kenyon will degrade access,aesthetics and safety for all.
T Weaver
Bm Planning Dept,J Sanford T Weaver
20 East Olive (PO Box 1230) 824 O'Connel Dr
Bozeman Mt 59771 Bozeman Mt 59715
Bozeman City Commission T Weaver
PO Box 640 824 O'Connel
Bozeman MT 59715 Bozeman MT 59715
im�
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SUBJECT
PROPERTY
JOSEPHINE
PARK
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LeClair Minor Subdivision
RESOLUTION #P-05078
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FOR A RELOCATION OF
A COMMON BOUNDARY AND THE SUBDIVISION OF 1.646 ACRES INTO FIVE
RESIDENTIAL LOTS. THE PROPERTY IS ZONED R-1 (RESIDENTIAL SINGLE-
HOUSEHOLD,LOW DENSITY DISTRICT)AND IS LEGALLY DESCRIBED AS LOTS 1A
— 4A, BLOCK 2A, LECLAIR'S REARRANGEMENT OF GRAF'S FIRST SUBDIVISION,
SITUATED IN THE EAST ONE-HALF OF THE SOUTHEAST`ONE-QUARTER OF
SECTION 18,T2S,R6E,PMM,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,
GENERALLY LOCATED ON KENYON DRIVE AND EAST OF JOSEPHINE PARK.
WHEREAS,the City of Bozeman has adopted a growth'poy 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, Highwood Estates, Inc., and applicant, Ken LeClair,
submitted a Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat
Application for a re cation of a common boundary and the subdivision of 1.646 acres into five
residential lots, on property described as Lots 1A—4A, Block 2A,LeClair's Rearrangement of Graf's
First Subdivision, situated in the east one-half of the soli east one-quarter of Section 18,T2S,R6E,
PMM, Citv of Bozeman, Gallatin County,Montana;and
WHEREAS, the proposed Second or Subsequent Minor Subdivision from a Tract of Record
Preliminary Plat Application has been properly`submitted,reviewed,and advertised in accordance with
the procedures of Section 18.04 of the Bozeman Unified Development Ordinance; and
WHEREAS,the City of Bozeman Planning Board held a public hearing on Tuesday,February
7, 2006, to review the application and any written public testimony on the request for said Second or
Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application; 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 Second
or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application would comply
with those requirements;and
NOW,THEREFORE,BE IT RESOLVED,that the City of Bozeman Planning Board,upon a
vote of 7-0, recommends to the Bozeman City Commission that the application for a relocation of a
common boundary and the subdivision of 1.646 acres into five residential lots,on property described as
Lots 1 A—4A,Block 2A,LeClair's Rearrangement of Graf's First Subdivision,situated in the east one-
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LeClair Minor Subdivision
half of the southeast one-quarter of Section 18,T2S, R6E,PMM, City of Bozeman, Gallatin County,
Montana,be conditionally approved subject to the following conditions:
1. The applicant shall provide a soils report for the Building Division, recommending types of
foundations,with the final plat.
2. An easement for placement of a temporary cul-de-sac on the property to the north(Bozeman
Deaconess Health Services)shall be executed prior to submittal of the final plat. The easement
document and exhibit shall be submitted to the Engineering and Fire Departments for their
review and approval prior to filing at the Clerk and Recorders O tce.
3. On the final plat,the temporary cul-de-sac shall be relocated so that it does not encroach on the
linear park;the linear park shall only be crossed by a street section and not part of a temporary
cul-de-sac or other approved turnaround.
4. The location where the linear park crosses Kenyon`Dr should be delineated in a manner
acceptable to the City Streets and Signage Departments,,and lighted in compliance with Section
18.42.150.C.6 of the Unified Development Ordinance. The operation and maintenance of the
trail crossing lighting shall be paid for by the homeowner's,,,,,association with the covenants,
restrictions, and articles of incorporation for the homeowners' association amended
appropriately.
5. The applicant shall move the existing beach,and work with the Parks Department and GVLT
to find a suitable location for the lynch. Documentation that the bench has been moved,
including the new location for the bench, shall be submitted with the final plat.
6. Disturbance to the existing trail, cause by installation of streets and infrastructure, shall be
restored in compliance with the City's', trail specifications upon completion of these
improvements.
7. Unless the applicant can show that water rights,or cash-in-lieu thereof was provided with
annexation,water rights or cash-in-lieu thereof,as calculated by the Director of Public Service,
is due with the final plat.
8. Due to the proximity of these proposed lots to the City of Bozeman water tank,it is imperative
that all existing easements and property lines are not infringed upon by any obstructions
temporary, permanent, or otherwise.
9. It should be noted upon the final plat that the existing City of Bozeman water tank contains
several pieces of corrununication equipment and will emit a constant low intensity hum. In
addition,an emergency:generator is located at this site and is run weekly for an hour and would
operate any time there is an emergency power outage within the city.
10. Signage and striping shall be put into place restricting parking in front of the drive access to the
water tank.
11. Because of the subdivisions elevation, there may be inadequate water pressure to serve the
individual lots without service pumps.
12. A city approved all weather access road will be required to access any sewer manholes that are
not located within a public street. This all weather access road will not interfere with or overlap
any public trails. It is staff s recommendation that the utility easement,all weather access road,
and the detention basin be located on a separate lot to the north side of lot 1.
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LeClair Minor Subdivision
13. An easement will be necessary for any sewer main extension that will extend through parkland
or private property.
14. The final 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
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
DATED THIS DAY OF , 2006 Resolution #P-05078
Andrew C. Epple, Planning Director JP Pqpnichowski, President
Department of Planning&Community Development pity oBozeman Planning Board
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ITEM 5. PROJECT REVIEWS
A. Minor Subdivision Preliminary Plat Application#P-05078 - (LeClair). A Minor
Subdivision Preliminary Plat Application requested by the property owner, Highwood
Estates,Inc.,represented by Rocky Mountain Engineers, PLLC, to allow the subdivision of
1.646 acres into 5 residential lots. The property is legally described as Lots lA—4A,
Block 2A of LeClair's Rearrangement of Graf s First Subdivision, is situated in the E%2 of
Section 18, T2S,R6E,PMM, City of Bozeman, Gallatin County. Montana, and is generally
located east of Kenyon Drive and adjacent to Josephine Park. (Sanford)
Senior Planner Jody Sanford presented the Staff Report, reviewed several recommended
conditions.
President Pomnichowski asked if there was any conflict for the Parks,Recreation,'Afid Open Space
Committee with the trails not being dedicated. Planner Sanford noted the trails are in the public right of
way and in the appropriate location.
Mr. Henyon asked for an explanation about access and location of the manholes in Josephine Park.
Planner Sanford noted access is required to service sewer main in the manhole. She noted Staff has
suggested the access be moved to the south and onto the subject property.
Ray Center, Rocky Mo"in Engineers and applicant's representative, explained that the water
main and the access to the watertower were mistakenly located outside the platted easement years ago. He
noted it didn't make sense to the applicant to leave the southern with a lot over 20,000 sq. ft.; therefore,
they are proposing to create two 10,000 square foot lots from that lot. He described the proposed
placement of the trail and manhold access right of way. He noted the trail has to be realigned as it is
currently located on Mr. LeClair's property. He noted the turn around is located in the proposed location
to better see the property to the north when it is developed. The applicant prefers to leave the all
weather access road for manhole access where it is proposed.
Mr. Henyon asked if Kenyon Drive would be extended to the hospital property boundary. Mr.
Center noted the hospital doesn't want through traffic; therefore they aren't proposing to extend the street
to their property boundary.
Ms. Roberty asked if the emergency turn around was properly protected for emergency use. Mr.
Center noted the turn around is for people to access the trail and to turn around if they desire. He noted if
there were a gate across the turn around, city crews couldn't plow it.
Mr. Carpenter asked if the turn around area is temporary. Mr. Center noted it depends on how
quickly the hospital proposes to develop their property. He noted there is a grade of 7 %Z to 8 %. Randy
asked how far the cul-de-sac would have to move. Mr. Center stated the cul-de-sac would have to be
moved 35 to 40 feet to properly locate it.
City Of Bozeman Planning Board Minutes—February 22,2006 3
Mr. Caldwell asked if the fire flows and water pressures were adequate. Mr. Center noted they
really haven't looked at it as all the other homes to the south are higher than the proposed lots. He stated
he hasn't run any numbers on those statistics,however.
President Pomnichowski OPENED THE HEARING FOR PUBLIC COMMENT.
Dave Parker, 1716 Kenyon Drive, noted the homes in the area have be issued Jacuzzi water pumps
provided by the City to raise the water pressure. He noted he isn't happy with the increase from four lots
to five lots as it won't help the water pressure or the density. He noted there is noise from the antennas
mounted on the water tower,which decreases the livability of the area. He noted an amazing number of
people park on Kenyon Drive for access to the trails. He stated he was opposed to having the cul-de-sac
extend across the trail, and opposed to extending Kenyon Drive into the hospital property.
President Pomnichowski called for further public comment, axitty ing none, she CLOSED THE
PUBLIC COMMENT PORTION OF THE HEARING.
Ms. Roberty asked if it would be possible to do a gravel cul-de-sac on lot 1. Planner Sanford
noted a recently submitted pre-application from the Bozeman Deaconess Health Services does not show
the connection; however, DRC has recommended it be extended for access and connectivity.for
emergency,vehicles. She explained the requirements for marking any trail which crosses a street.
Mr. Carpenter asked why the hammerhead should be installed at this time. Planner Sanford noted
it is a timing issue. She noted if the hospital proposal goes forth,there may not be a need for the
hammerhead.
Mr. Caldwell noted during public comment it was noted an access currently exists to the trail from
Kenyon Drive. He questioned making the hammerhead more obtrusive. Planner Sanford noted there
would be no parking permitted in the cul-de-sac as it is being designed only as a turn around.
Ms. Roberty noted she was concerned about the trail crossing the road. She noted it is an infill
project, and they plan to improve the traiconnection.
Mr. Carpenter noted the existing lot is very large and, in general, it is better for the density of the
City to have smaller lots.
Mr. Kirchhoff noted it looks like a fine project. He concurred with Mr. Caldwell's comment on
the future connection of Kenyon Drive. He stated it was worth exploring and should make the connection
easier.
Mr. Center commented that when the street grades were designed connect to the north, they
designed them as low as they could, though the street would be higher than the trail. He noted the current
design would be easy to tie into from the hospital property.
City Of Bozeman Planning Board Minutes—February 22,2006 4
Mr. Sypinski asked if they were opposed to extending Kenyon Drive to the hospital property. Mr.
Center noted it would have no negative impact on their development.
Mr. Henyon noted he was in favor of the density as proposed. He stated it was appropriate for the
neighborhood. He noted connectivity is encouraged in Planning documents. He noted he disagreed with
Staff about moving the access to the manhole. He stated he had no issue with the applicant's proposal on
the access. He noted he would strike condition#15.
President Pomnichowski noted the lot size was appropriate, and was sensitive to the neighborhood
and the site. She noted streets cross trails all over the City, and the design promotes handicapped access.
She noted the hammerhead was no problem as the street should go through before the development is
completed. She noted she disagreed with Mr. Henyon as a manhole access should be located in an access
easement. She noted she supported the application as conditioned.
Mr. Caldwell noted the access to the manhole wasn't an issue for him. Mr. Henyon stated it
wasn't a sticking point for him.
MOTION: Ms. Roberty moved, Mr. Cal�,seconded,to recommend approval of application
#P-45078 with Staff conditions. The motion cried
B. Major Subdivision Pre-Application P 0 2 - (C w). A Major Subdivision Pre-
Application requested by the property€�vXmer, Mont a Crestview,R. Scott Hacker,
represented by T, D, and H, Inc.,to allow the subdivision of—42 acres into 42 single and
multi-household residential lots. The property is legally described as Lot 3 of MiSub No.
221, is situated in the SW'/4 of Section 26, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana, and is generally located northeast of the intersection of Davis Lane and
Catamount Street. (Windemaker)
Contract Planner Lanette Windemaker presented the Staff Memo. She noted Cattail Creek doesn't
flow into the lake.
41,
Ken Smith, owner's representative, noted they have made several revisions based on comments
during the informal process to create this plan. He noted it is more of a cluster of residential development
with a continuation of the City street grid pattern. He noted the park dedication is adequate with the lake
and open space around it. He noted the park/open space corridor south of the lake will be maintained as a
public space. He noted a variance would be required to install the asphalt trail as requested by the Parks
Department. He described the enhanced wetlands spaces. He noted storm water would not be dumped
directly into the lake. He noted the storm water wetlands would be in addition to the wetlands they are
replacing.
Overall, the Board was pleased with the new design. There was discussion concerning the amount
of parkland being dedicated, the location of the trail, the quantity and quality of the wetlands being
City Of Bozeman Planning Board Minutes—February 22,2006 5