HomeMy WebLinkAboutH14 - Cattail Lake Major Sub • Commission Memorandum
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REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Fpple,Planning Director
Chris Kukulski, City Manager
SUBJECT: Cattail Lake Major Subdivision, #P-06022
MEETING DATE: Monday,July 17 2006
BACKGROUND: An application to subdivide — 42 acres into 38 single-household and 4 multi-
household lots for residential use, street, alleys, and park areas on property legally described as Lot 3 of
Minor Subdivision #221, located in the SW 1/4 of Section 26, T1S, RSE, PMM, City of Bozeman,
Gallatin County, Montana.
UNRESOLVED ISSUES: Un-reimbursed cost of emergency rescue building—The Planning Board
amended condition #9 to address this issue raised by the subdivider. After the Planning Board
hearing, Chuck Winn, Director of Public Safety-Fire, stated that he did not see any reason to have the
developer build this building. Based on the attached email from Chuck Winn, Director of Public
Safety-Fire, the Commission should delete conditions #9 and #10b.
Un-reimbursed cost of all-weather emergency access — The Planning Board did not find that the cost
of the access was an extraordinary request, and that emergency access and turnarounds is a standard
requirement of subdividers. Planning Board made no changes to condition #S.
Credit for excess park dedication — The Planning Board did not address this issue raised by the
subdivider. The Commission might consider adding the following condition:
#43. The applicant may receive park dedication credit for the acreage of the northern park which is in
excess of the required park dedication for this subdivision. The credit may not include those
portions of the park which may not be used to fulfill park dedication requirement; storm water
facilities, Rae Fire easement, watercourse setback, transportation pathways, etc. Due to lack of
adequate public street frontage, the southern park is not available for park dedication credit. The
applicant may make this park dedication credit available to other developments within a one-half
mile service area.
RECOMMENDATION: The City Commission approves application #P-06022 with the conditions
of approval outlined in the staff report/Planning Board resolution, with conditions #9 and #10b
deleted, and with the addition of condition #43 above.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments. Staff Report
Planning Board Resolution
Applicant's Submittal Materials
Chuck Winn,Director of Public Safety-Fire,email dated June 7,2006
Report Compiled on July 10,2006
Lanette Windemaker
From: Chuck Winn Sent: Wed 6/7/2006 12:44 PM
To: Lanette Windemaker; Greg Megaard
Cc:
Subject: Re: Cattail Lake Emergency Rescue Conditions
Attachments:
Thank you.The bottom line is that we have have nothing to house in a new structure nor do we have plans to
aquire anything. If we would purchase a boat, it would most likely be on a trailer to be mobile and useful at
any body of water, not just at Cattail.
In an earlier email, Greg reminded me of a discussion we had where the developer was supposed to contact us
to discuss the issue. Apparently that meeting has not happened.
In short, I do not see a reason to have the developer build the building. Emergency access to the lake,
however, is important.
Thanks for working so well with us, Lanette.
Chuck
-----Original Message-----
From: Lanette Windemaker
To: Chuck Winn; Greg Megaard
Sent: Wed Jun 07 11:39:54 2006
Subject: RE: Cattail Lake Emergency Rescue Conditions
Since I have been involved with the Cattail Lake project thru all of the informals and everything, the comments
I have gotten from fire is that access and emergency access must be addressed. So, without anything else to
go on, I drafted these two conditions.
After talking to Greg, it sounds like he thought they were going to contact him. Just some
miscommunications. I will ask them to contact Greg.
Lanette Windemaker, AICP
Contract Planner
586-5266
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Item: Subdivision Preliminary Plat Application#P-06022,to subdivide—42 acres into
38 single-household and 4 multi-household lots, roads, alleys, park and open
space areas on property legally described as Lot 3 of Minor Subdivision#221,
located in the SW%of Section 26,T1S,R5E,PMM,City of Bozeman,Gallatin
County, Montana.
Applicant/Owner: Crestview Lake LLC(R.Scott Hacker),4200 Expressway,Missoula,MT 59808.
Representative: Ken Smith, 101 E. Broadway, Ste 406, Missoula, MT 59802.
TD&H, 215 W. Mendenhall, Suite C-1,Bozeman,MT 59715.
Date/Time: Before the Planning Board on Tuesday, June 6, 2006 at 7:00 p.m. in the
Commission Meeting Room at City Hall, 411 East Main Street, Bozeman,
Montana, and before the City Commission on Monday, July 3, 2006 at 6:00
p.m., in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report by: Lanette Windemaker,AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is described as—42 acres of land located northeast of the intersection of Davis Lane and
Catamount Street,is legally described as Lot 3 of Minor Subdivision#221,located in the SW'/a of Section 26,
T1 S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property will be zoned is R-4
(Residential High Density District). Please refer to the vicinity map on the following page.
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PROPOSAL
The applicant is requesting Subdivision Preliminary Plat approval to subdivide---42 acres into 38 single-
household and 4 multi-household lots,roads,alleys,park and open space areas. The subdivision would have
access from Davis Lane, Catamount Street, and internal streets. The 4 multi-household lots are planned to
accommodate — 300 apartments.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
The applicant is requesting a waiver of park area requirements pursuant to Section 18.50.020 of the
Bozeman Unified Development Ordinance to allow the requirement of dedication above eight dwellings per
acre to be met with additional land rather than a cash donation in-lieu.
The applicant is requesting a waiver of park dedication requirements pursuant to Section 18.50.1 OO.A of the
Bozeman Unified Development Ordinance to allow natural resources/critical wildlife habitat (lake and
wetlands)to meet the requirements for this subdivision.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-4 (Residential High Density District). . The subject property has a— 11
acre pond and two watercourses but is otherwise vacant.
North: "AS" (County Agricultural Suburban)—dwelling and barns, unincorporated.
East: "PLI" (Public Lands and Institutions)—School District 47 bus barn.
South: "R-3" (Residential Medium Density)—Cattail Creek Subdivision Phase 3.
"R-1" (Residential Single-Household, Low Density)—Cattail Creek Subdivision Phase 3.
West: "AS" (County Agricultural Suburban)—agricultural lands, unincorporated.
#P-06022 Cattail Lake Subdivision: Staff Report 2
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as"Residential" in the Bozeman 2020 Community Plan. The R-4(Residential
High Density District) zoning designation is consistent with this land use designation of the property.
Residential. 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. The residential designation also 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.It is expected that areas of
higher density housing would be likely to be located in proximity to commercial centers to facilitate the
broadest range of feasible transportation options for the greatest number of individuals and support
businesses within commercial centers. Low density areas should have an average minimum density of six
units per net acre. Medium density areas should have an average minimum density of twelve units per net
acre. High density areas should have an average minimum density of eighteen units per net acre. A variety
of housing types should be blended to achieve the desired density with large areas of single type housing
being discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally expected
within this classification.
All residential housing should be arranged with consideration given to the existing character of adjacent
development,any natural constraints such as steep slopes,and in a fashion which advances the overall goals
of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal
locations for additional housing within the Planning Area.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application was reviewed in March,2006. The following issues were discussed: continuity of parks,
open space and trails, street frontages for parks to provide physical and visual access, need to provide
diversity of housing types and density,emergency response to the lake,wetlands and storm drainage design,
need to ensure varied appearances from the streets(varied rooflines,heights,facades,colors,etc.), Provided
below is a summary review of the Preliminary Plat Supplements submitted with the Preliminary Plat
application.
A. Surface Water:
An unnamed watercourse(commonly referred to as Cattail Creek)bisects the subdivision. The Streams and
Ditches Map for the City of Bozeman, provided by the Montana Department of Fish, Wildlife & Parks,
identified the watercourse as a "stream" with associated wetlands. As a result, any activity within the
identified watercourse and/or wetlands area(i.e.,road construction)will require applicable Section 310 and
404 Permits. There is no proposal with this application to alter the location of the watercourse as it currently
exists, which serves as an amenity for the future residents and entire community as part of a linear open
space corridor. The section line ditch along Davis Lane is designated as a "stream/ditch" by FWP. The
applicant has proposed to pipe this ditch. The third surface water feature is a lake called"Cattail Lake"by
the developer. Cattail Lake is a man-made feature with a surface area of— 11 acres. There is no connection
between Cattail Lake and Cattail Creek. The developer's consultant anticipates the wetlands adjacent to
Cattail Lake to be non jurisdictional,and the developer has proposed enhance the wetlands on the northeast
side of the lake, and to fill and remove the wetlands along the southwest edge of the lake. The Wetlands
Review Board has reviewed the non jurisdictional wetlands.
#P-06022 Cattail Lake Subdivision: Staff Report 3
B. Floodnlains:
The applicant submitted"Cattail Creek Floodplain Evaluation"conducted by Thomas,Dean&Hoskins,Inc.
The 100-year floodplain shall be delineated on the final plat. If the limits of the flooding encroach onto any
proposed lots, minimum floor elevations for any structures on the lots shall be specified.
C. Groundwater:
Groundwater depths in the area of Cattail Lake Subdivision vary depending on proximity to the ditch,
watercourse, lake and associated wetlands. The applicant's supplemental information notes that data
recorded from monitoring wells(July to October,2004)indicates that groundwater depths range from 2.53
feet adjacent to the ditch along Davis Lane to around 8.66 feet on the east side of the property. Therefore,
staff finds it necessary to note on the final plat that there is the potential for seasonal high ground water
tables within the area of the subdivision.In addition,buildings proposed for construction with crawl spaces
or basements shall be required to submit with each Building Permit an Engineer Certification regarding
depth of ground water and soil conditions and proposed mitigation methods. Installation of municipal water
and sanitary sewer services will greatly reduce any concerns regarding the potential of groundwater
degradation.
D. GeoloFy-Soils-Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3 for
earthquakes, which is common for the Bozeman area. No significant physical features or topographical
conditions have been identified, and no slopes in excess of fifteen percent(15%) grade are evident.
The principle soil types identified by the Department of Natural Resources Conservation Service in the area
of the subdivision involve three general soil types with the majority being Blackdog Silt Loam(50B),with
Blackdog Silt Loam(50C)and Straw Loam(6413): all of which have moderate limitations for building and
site development.
E. Vegetation:
No significant levels of mature vegetation (trees and large bushes) exist on the site in question, due to the
agricultural history of the property. However,groups of willows have colonized the south and west shore of
the lake, with additional wetlands plants along Cattail Creek.
F. Wildli e:
Due to the agricultural history of the property and limited mature vegetation in the area, any potential
impacts to wildlife and wildlife habitat are limited to water fowl,small mammals and ground nesting birds.
No known endangered species or critical game ranges have been identified in the area. The 50-foot
watercourse setback along the existing watercourse will protect any riparian environment already established
on the property.
G. Historical Features:
Due to the agricultural use of the property for many years, there is low likelihood of impact on cultural
properties.
H. Amriculture:
Historically,the subject property has been used for agricultural purposes with the majority of the—42 acre
parcel in cultivated crops or pastureland. The lake was created by the removal of gravel for the construction
of improvements for North Nineteenth Avenue. Since that time, only the remaining—31 acres have been
used for agricultural purposes. It appears that the applicant's argument to develop the property may be the
#P-06022 Cattail Lake Subdivision. Staff Report 4
result of the land owner recognizing the amount of urban growth in this area and the wish to market the
property for a variety of land use types other than agricultural.
L Agricultural Water User Facilities:
There is a section line ditch adjacent to Davis Lane. This ditch is under the management of the Farmer
Canal Ditch Company and agricultural water right users. The applicant has proposed to pipe this ditch.
J. Water and Sewer:
An extension of municipal water mains in the area will provide water for domestic and fire protection
services. An extension of municipal sewage lines will provide for sewage collection and disposal. Final
approval of the water distribution system and sewage collection and disposal system for this subdivision
proposal will be obtained through the normal approval procedures of preliminary and final plat review by the
City Engineer's Office,Superintendent of Water/Sewer,and Montana Department of Environmental Quality.
K. Stormwater Manazement:
Detention ponds and enhanced wetlands located within the park area of the subdivision will provide
stormwater management.
L. Streets, Roads, and Alleys:
Access to the subdivision will be from Davis Lane, Catamount Street, and the proposed interior streets.
Both Davis Lane and Catamount Street are designated as Minor Arterials. There is a future trail corridor
extending from the southeast side to the northwest side of this property.
Access: Based on adequate access separation distances on the arterial streets, there is a one (1) foot wide
"No Access" strip is required for all lots fronting onto Davis Lane and Catamount Street.
Traffic Generation: The Traffic Impact Study is included in the applicant's submittal. Based on the study
this subdivision will generate as many as 2,267 average weekday trips.
Bicycle and Pedestrian Pathwa s Lanes and Routes: Bike lanesiboulevard trails are required along both
Catamount Street and Davis Lane.
Trails: The trail system around the lake appears to be incomplete,due to lack of a connection to Davis Lane
at the northwest area of the park, and the portion shown on the adjoining property to the north.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to the
proposed subdivision. All utilities servicing the subdivision will be provided by underground services.
N. Educational Facilities:
Bozeman School District#7 indicated that the potential 338 dwellings units in this subdivision would expect
to generate 143 students. As of October 2005,the district had 63 spaces available in the classroom. During
the last 24 months, requests for student projections indicated a potential for a total of 1,337 students. The
school district's bus system can accommodate these students generated by this subdivision.
D. Land Use:
Cattail Lake Subdivision contains a mix of residential land uses with 10 single family detached lots, 28
single family attached lots, and 4 lots multi-family units. The single-family lots have a net density of— 11
#P-06022 Cattail Lake Subdivision: Staff Report 5
dwelling units per acre and the multi-family lots have a net density of 23 dwelling units per acre,with an
overall net density of— 20 dwelling units per acre. For affordable housing, the applicant has indicated 8
detached single-household lots (5,000 square feet in area) and 16 attached single-household lots (3,000
square feet in area) which may be designated as Restricted Size Lots.
P. Parks and Recreation Facilities:
The plan depicts— 18.3 acres of parkland to be dedicated to the City of Bozeman. The dedicated parkland
includes the— 11 acre Cattail Lake,the associated shoreline(---5.5 acres), and the linear connection(— 1.8
acres)to the Cattail Creek 3 park to the south. The Home Owners Association must maintain the park area
until such time a City-wide Parks Maintenance District is established.
Dedication: Pursuant to Section 18.50.020 of the Bozeman Unified Development Ordinance,the applicant
shall provide 1.14 acres of dedicated parkland for the proposed 38 SFR lots and 4.74 for the 13.1 acres of
MF lots at 12 dwellings per acre(158 dwellings),for a total of 5.88 acres. The— 18.5 acres of dedicated area
meets this requirement.
Frontage: The--- 16.5 acre park area that includes the lake has public street frontage along all sides within
this subdivision. Since this acreage is more than sufficient to meet the park dedication requirements, no
frontage variance is needed for the southern portion of the park area.
Waivers: The applicant is requesting a waiver of park area requirements pursuant to Section 18.50.020 of
the Bozeman Unified Development Ordinance to allow the requirement of dedication above eight dwellings
per acre to be met with additional land rather than a cash donation in-lieu. Dedication of a lake for active
recreation and the linear trail connection appears to be of greater benefit to the City of Bozeman than a cash
donation.
The applicant is requesting a waiver of park dedication requirements pursuant to Section 18.50.100.A of the
Bozeman Unified Development Ordinance to allow natural resources/critical wildlife habitat (lake and
wetlands)to meet the requirements for this subdivision.Dedication of a lake for active recreation appears to
be of greater benefit to the City of Bozeman than additional land.
Park Plan: The Preliminary Park Plan depicts an active park with the lake, footbridges and a trail system.
The Master Park Plan must identify all improvements to be borne by the subdivider prior to installation of
improvements or final plat, whichever comes first. The Park and Recreation Superintendent and the
Recreation and Park Advisory Board Subdivision Review Commission have reviewed the park plan and
made the following comments and recommendations:
• Cattail Lake offers a fine amenity for the Bozeman Park system with boating, swimming, etc. A
continuation of a North/South trail corridor travels through the development. A playground and
neighborhood park area will serve the residents well.
• As Trout Meadows Road and Lakeside Drive are both too close to the lake to permit both sidewalk and
trail, we suggest the sidewalks on the Lake side of these roads be 10' bike/ped.
• We would like to see a plan and timeline for the playground equipment and shelter,specifically who will
be paying for these amenities.
• We would also like to see more specific site information on the playground.
• The park land dedication in this subdivision includes a recreational lake and important trail connections
to the north and south. While the lake appears to be relatively healthy at this time,I am recommending
certain steps to insure that it remains so. It is also important to view the trails as connectors to
#P-06022 Cattail Lake Subdivision: Staff Report 6
Bozeman's north to south trail corridor as well as a future like to the SAFE trail systems being proposed
by the County.
• The sidewalk along Trout Meadow Road and Lakeside Drive shall be a 10 foot wide Class IA trail to
provide for a combination trail and sidewalk and for safer and more efficient bicycle and pedestrian flow.
• The water in the Lake shall be tested twice a year, once in the spring and once in the fall, by the
developer until the Homeowner's Association forms at which time the HOA assumes the responsibility
for testing. Testing shall include test for Fecal Coliform, Fecal Enterococci, Staphylococcus,
Pseudomonas and Prototheca and copies of reports shall be submitted to the City of Bozeman Parks
Division for their records.
• The final Park Master Plan shall outline who will be responsible for the payment and construction of all
park amenities such as the shelter and playground equipment,and include a timeline for the installation
of these features.
• The developer should consider reducing the height of the berm along the east side of the lake to provide
a better corridor for the Class IA trail
O. Neighborhood Center Plan:
The neighborhood center for Cattail Lake Subdivision is the approximately — 11 acre Cattail Lake and
adjacent open space corridor.
R. Lighting Plan.
A Special Improvement Lighting District will be formed for the subdivision street lighting. Site lighting is
addressed in the covenants.
S. Miscellaneous:
The proposed subdivision is adjacent to the public lands to the east owned by Bozeman School District No.
7, which currently has a bus barn/maintenance facility. However, no direct impacts to the school district
property, or other public lands, have been identified with this subdivision proposal.
On or near the subdivision,there are no known health concerns, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with seismic
activity.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission's decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice and
recommendation, and additional information demonstrates that development of the subdivision complies
with this title,the City's growth policy,the Montana Subdivision and Platting Act, and other adopted state
and local ordinances, including, but not limited to, applicable zoning requirements. The Montana
Subdivision and Platting Act, Section 76-3-608, establishes the following primary review criteria for the
governing body to consider when evaluating subdivisions.Planning Staff,the DRC,the WRB,the R&PAB
Subdivision Review Committee and other reviewing agencies have made comments in relation to those and
other criteria as described below, and have recommended conditions as outlined at the end of this Staff
Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment,wildlife and the wildlife habitat, and public health and safety.
#P-06022 Cattail Lake Subdivision: Staff Report 7
1. Effects on Agriculture.
Historically,the subject property has been used for agricultural purposes with the majority of the—
42 acre parcel in cultivated crops or pastureland. The lake was created by the removal of gravel for
the construction of improvements for North Nineteenth Avenue. Since that time,only the remaining
—31 acres have been used for agricultural purposes. It appears that the applicant's argument to
develop the property may be the result of the land owner recognizing the amount of urban growth in
this area and the wish to market the property for a variety of land use types other than agricultural.
2. Effects on Agricultural Water User Facilities.
There is a section line ditch adjacent to Davis Lane. This ditch is under the management of the
Farmer Canal Ditch Company and agricultural water right users. The applicant has proposed to pipe
this ditch.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the municipal
water and sewer systems.
Streets: Access to the subdivision will be from the existing Davis Lane, Catamount Street, and the
proposed interior streets.
4. Effects on the Natural Environment.
Detention ponds and enhanced wetlands located within the park area of the subdivision will provide
stormwater management. Detailed information regarding stormwater management was addressed in
the Engineering Design Report provided to the Engineering Department for review. Applicant has
entered into an agreement for a Noxious Weed Management Plan with the Gallatin County Weed
Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to its historical uses and the development of surrounding lands,no significant adverse effects on
wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service development in the subdivision, the threat of groundwater
degradation from onsite sewage disposal will be eliminated. There are no known, unmitigated
natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting
Act.
The subdivision complies or will comply with survey requirements of the Act.
2. 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
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
#P-06022 Cattail Lake Subdivision: Staff Report 8
of the lawful requirements of the Bozeman Municipal Code or state law. The following
requirements are standards of the Unified Development Ordinance and shall be addressed on the
final plat:
a. Section 18.42.180.0 requires 10%of the net buildable acreage to be dedicated to Restricted Size
Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement.
b. Pursuant to 18.44.110 and 18.50.110, the applicant shall install the transportation/recreation
pathway(trail) system in this subdivision.
c. Pursuant to Section 18.50.020 of the Bozeman Unified Development Ordinance, the applicant
shall provide 1.14 acres of dedicated parkland for the proposed 38 SFR lots and 4.74 for the 13.1
acres of MF lots at 12 dwellings per acre (158 dwellings), for a total of 5.88 acres.
d. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission,with a
recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for review
prior to installation of any improvements or prior to Final Plat submission, whichever comes
first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P.
➢ The Final Park Plan shall include a site plan/landscaping plan with a scale of not less than 1
inch equals 100 feet. This site plan/landscaping plan shall meet all of the requirements of
Section 18.78.100 and include a proposed improvements to the park.
➢ The Final Park Plan shall include a requirement for a pre-construction meeting.
➢ The Final Park Plan shall include the appropriate sections from the "Design Guidelines for
City of Bozeman Parks",including soil amendment,pathway/trail design,fencing and bridge
design.
➢ Per Section 18.50.080 the subdivider must decide on the improvements to be completed by
the subdivider prior Final Park Plan approval.
➢ The final park plan shall address the installation of improvements.A chart must be included
identifying all parkland improvements, showing the general location,the entity responsible
for installation, the estimated cost, and the phasing. Improvements include, but are not
limited to: transportation/recreational pathway/trails, bridges, playground equipment,
benches, picnic shelters, parking lot, and other items noted in these comments.
➢ The playground area described in the park plan needs to be shown on the site
plan/landscaping plan.
e. A table showing the computed park areas shall be included on the final plat pursuant to Section
18.78.030.D. This table shall include but is not limited to detention/retention areas,watercourse,
wetlands, watercourse setbacks, park, and total area.
f. Section 18.50.080.D states that storm water retention or detention facilities may be located
within a park but cannot count towards the final parkland dedication.
g. The watercourse setback shall be depicted on the final plat pursuant to Section 18.42.100.C.
h. A watercourse setback planting plan shall be prepared by a qualified landscape professional and
shall be reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and landscaping
#P-06022 Cattail Lake Subdivision: Staff Report 9
as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback
is located inside the park boundaries, this shall be included in the Park Plan.
i. Section 18.44.110.E requires construction of boulevard trails or bike lanes based on the Greater
Bozeman Area Transportation Plan Year 2001 or based on particular characteristics of a
transportation corridor. The Plan currently calls for a bike lane (unless another type of
transportation pathway is determined to be more appropriate)along Catamount Street and a bike
lane/boulevard trail along Davis Lane.
j. Section 18.16.050 requires the yard setbacks adjacent to Davis Lane and Catamount Street to be
25-feet,and this shall be noted in the covenants and restrictions for the homeowners'association.
k. Pursuant to Section 18.44.090.C,a one(1)foot wide"No Access"strip for all lots fronting onto
Davis Lane and Catamount Street shall be noted on the final subdivision plat.
1. Pursuant to Section 18.42.150, subdivision lighting consisting of street lighting and pathway
intersection lighting shall be provided.
in. Per 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 plan.
n. Covenants, restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by the
Planning Office and shall contain,but not be limited to,provisions for assessment,maintenance,
repair and upkeep of common open space areas, public parkland/open space corridors,
stormwater facilities, public pathway/trails, snow removal, and other areas common to the
association pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance.
o. Prior to final plan approval,a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces,recreational areas,stormwater
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Unified
Development Ordinance. The same shall be submitted to the city attorney and shall not be
accepted by the city until approved as to legal form and effect. A draft of these documents must
be submitted for review and approval by the Planning Department at least 30 days prior to filing
and recordation with the Gallatin County Clerk and Recorder.
p. 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 corrected
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.
q. 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 for minor subdivisions,two years for single-phased major
#P-06022 Cattail Lake Subdivision: Staff Report 10
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to the 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 §18.74.060, BMC.
r. 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% of the cost of the remaining
improvements.
s. 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.
3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision
and Platting Act.
The meeting before the Planning Board and hearing before the City Commission have been properly
noticed,as required in the Bozeman Unified Development Ordinance. The notice was mailed to all
adjoining property owners by certified mail on May 23,2006. The proposed project was noticed in
the Bozeman Daily Chronicle on May 28 and June 4, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access from dedicated public streets or alleys.
PUBLIC COMMENT
No public comments have been received as of this date.Any public comments received after the date of this
report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. An emergency access/temporary turnaround shall be provided for the alley in phase 2 before building
permits can be issued for Lots 1-11, Block 6.
2. Directory maps shall be installed at each entrance to the multi-family parking lots prior to occupancy of
any multi-family buildings.
#P-06022 Cattail Lake Subdivision: Staff Report 11
3. The adequacies of the number and location of fire hydrants serving the multi-family lots shall be subject
to review and additional requirements at the time of site plan review.
4. If the Rae Fire Easement is not vacated, it shall not be counted toward park dedication requirements.
5. The applicant shall be responsible for testing the water quality of the lake a minimum of two times a year
until maintenance responsibility is turned over to the property owners association at which time the
property owners association shall assume responsibility for testing the water quality of the lake a
minimum of two times a year. The testing procedures shall be described in the covenants and Park Plan,
and shall be provided to the Park and Recreation Superintendent for review and approval prior to
submittal of the final park plan.
6. Due to the close proximity of the trail system to the sidewalks along both Trout Meadows Road and
Lakeside Drive,the applicant shall instead construct a 10-foot concrete sidewalk along those two streets
which may meander between the park area and the road rights-of-way.
7. The applicant shall construct that portion of the lake loop trail system shown on the adjoining property to
the north. Public access easement documents shall be provided which permit the construction,use and
maintenance of the trail on the adjoining property. The city will support a payback arrangement on this
portion of the trail system, providing development of the property to the north occurs within 10 years.
8. The applicant shall construct an all-weather emergency access to the lake that includes a parking area of
sufficient size to accommodate several emergency vehicles. This access shall be constructed prior to
occupancy of any buildings. The size and design of the access shall be provided to the Fire Department
for review and approval prior to submittal of final park plan.
9. The applicant shall construct an emergency rescue building in close proximity to the all-weather
emergency access to the lake. This building shall be constructed prior to occupancy of any buildings.
The design of the building shall be provided to the Fire Department for review and approval prior to
submittal of final park plan.
10. The following recommendations,conditions,changes or additions shall be made to the Park Plan prior to
submittal for review and approval by the City Commission,with a recommendation from the Bozeman
Recreation and Parks Advisory Board.
a. The applicant shall show a boat launch area and related improvements,suitable for all types of non-
motorized watercraft, on the final park plan. If acceptable to the Fire Department,this launch area
can be design for hand launch only.
b. An emergency rescue building shall be shown in close proximity to the boat launch area, and the
location and size of the building shall be provided to the Fire Department for review and approval
prior to submittal of final park plan.
c. A parking lot serving the emergency rescue building and boat launch area shall be shown on the final
park plan.
d. The trail system shall connect to the sidewalk on Davis Lane in the northwestern area of the park.
e. The Cattail Lake Subdivision Declaration of Covenants and Restrictions(the Declaration)shall be
provided to the Park and Recreation Superintendent for review and approval prior to submittal of
final park plan.
#P-06022 Cattail Lake Subdivision: Staff Report 12
11. The following changes or additions shall be made to the Cattail Lake Subdivision Declaration of
Covenants and Restrictions (the Declaration):
a. Article III, Section 2,J. Site Design shall state that the setback for a garage with stacked parking off
of an alley shall be a minimum of 26 feet.
b. Article III, Section 2, K. Landscaping/Yards shall state that trees shall not be located within 10 feet
of sewer and water services.
c. Article 111, Section 2, K. Landscaping/Yards shall state that fences located in the front yard, or the
side or rear yard setback of properties adjacent to any park,shall not exceed a maximum height of 4
feet.
d. Article VI,Section 3,needs to discuss the responsibility for maintenance of the park until a city-wide
park maintenance district is formed, and the responsibility to test the waters regularly.
e. Article VI, Section 13 i, needs to clarify that the Board does not have the authority to grant
easements over dedicated park land.
f. Article VIII, Section 7 should clarify that the parks are not being transferred to the Association.
g. Article VI, Section 14, pertaining to use of park needs to discuss COB approval of use of park.
h. Article VIII, Section 2, the covenants can not be changed or terminated without COB approval.
i. The Declaration shall include language to assure completion of parkland facilities and
pathways/trails and allowing the City of Bozeman,if necessary,to become a parry to assessments for
such completion and maintenance pursuant to Sections 18.72.020.0 and 18.72.040.13 of the Bozeman
Unified Development Ordinance.
j. The Declaration shall address the prohibition of motorized recreation on the lake.
12. Water rights,or cash-in-lieu thereof,as calculated by the Director of Public Service,is due with the final
plat.
13. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public Access".
Notes shall be included on the plat describing ownership and maintenance responsibility for both the
park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners
association; and open space, public access, owned by the landowners, maintained by the homeowners
association, etc.
14. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
15. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification
regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted
with each Building Permit. The Final Plat shall include a notation that due to high ground water
conditions full or partial basements are not recommended.
16. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases,the soils report may address
those lots within the proposed phase.
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.
#P-06022 Cattail Lake Subdivision: Staff Report 13
18. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,oils, grease
and other pollutants from the runoff from the private and public streets and all lots must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location,show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the stormwater
receiving channel. The plan shall include sufficient site grading and elevation information(particularly
for the basin site, drainage ways and finished lot grades),typical stormwater detention/retention basin
and discharge structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to be
conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated
by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.)
shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum site
development. Final facility sizing may be reviewed and reduced during design review of the FSP for
each lot.
19. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer
and the public street,prepared by a Professional Engineer,shall be provided to and approved by the City
Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide
Professional Engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-construction conference
has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements.
20. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and
related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to
Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a property prior
to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any
phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further
notice,construct within 30 days said sidewalk for their lot(s),regardless of whether other improvements
have been made upon the lot. This condition shall be included on the final plat for the subdivision.
21. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions
shall be noted as proposed.
#P-06022 Cattail Lake Subdivision: Staff Report 14
22. The Montana Fish,Wildlife and Parks, SCS,Montana Department of Environmental Quality and Army
Corps of Engineer's shall be contacted regarding the proposed project and any required permits(i.e.,310,
404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
23. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed
relocation and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior
to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
24. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the
utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge
of easement.
25. Project phasing shall be clearly defined including installation of infrastructure.
26. 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.
27. 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.I of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
28. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets.
The City may require a guarantee as allowed for under this section at any time during the construction to
ensure any damages or cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
29. The eastern half of Davis Lane including any required utility extensions shall be constructed along the
frontage of the subdivision including tapers meeting AASHTO requirements to transition back to the
existing road width. All improvements to Davis Lane shall be completed with phase I of the
development.
30. A level of service evaluation must be provided for the intersection of North 271h Avenue and Valley
Center Road. Any improvements needed to provide adequate level of service for the intersection shall be
installed with the project.
31. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and
Catamount Street.
32. The sewage lift station should be located as far as practical from building sites to minimize odor or noise
complaints.
33. The lift station shall include a SCADA system compatible with the City's existing system. The lift
#P-06022 Cattail Lake Subdivision: Staff Report 15
station shall also include backup power capable of running the entire station including both pumps. A
wet well/dry well type station will not be acceptable. It shall be a wet well configuration with
submersible pumps.
34. Year round paved access must be provided to the lift station. This shall be separate from the parking lot
for the residential units. The access,lift station,and force main must either be on separate lots dedicated
to the city, or contained within easements.
35. The property owners dependent on the sewage lift station shall be responsible for financing the costs of
its operation and maintenance,which will be the responsibility of the City. The applicant shall agree in
writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement
shall be filed with the final plat and shall apply to all heirs,successors,and assigns. The agreement shall
be subject to approval by the City Engineer and the City Attorney.
36. If there are any air relief valves on the force main,they shall be accessible by the City's flusher truck.
37. The 100-year floodplain shall be delineated for Cattail Creek between Catamount and Trout Meadows.
The floodplain shall be shown on the final plat. If the limits of the flooding encroach onto any proposed
lots, minimum floor elevations for any structures on the lots shall be specified.
38. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall be
included in the infrastructure design report.
39. If an easement can be obtained for Warbler Way,the entire street section exclusive of the sidewalk on
the adjoining property shall be constructed. If the easement cannot be obtained, curb, gutter, standard
boulevard, and sidewalk on the west side, along with a minimum pavement width of 24' shall be
installed.
40. Where water and/or sewer mains are installed in alleys,they shall be in an easement which is a minimum
of 30' wide. No other utilities will be allowed within the easements for City infrastructure.
41. A 12"water main shall be installed to the northern boundary of the subdivision in Davis Lane as called
for in the City's Water Facilities Plan.
42. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be
combined into one facility that is 10' wide and constructed of concrete. The combined walk may vary
from the standard location(i.e.meander),but at the furthest,shall be no more than 15' from the right of
way.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D 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,July 3,2006,hearing which
begins at 6:00 p.m. The Planning Board Resolution#P-06022 and minutes from the Planning Board's June
6, 2006, meeting will be forwarded to the City Commission and made a part of the Commission's record.
#P-06022 Cattail Lake Subdivision: Staff Report 16
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION,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.
Attachments:
Preliminary Plat submittal dated April 18, 2006.
Planning Board Resolution #P-06022.
Planning Board Minutes, June 6, 2006.
Cc: Ken Smith, 101 E. Broadway, Ste 406, Missoula, MT 59802
TD&H, 215 W. Mendenhall, Suite C-1, Bozeman, MT 59715
Crestview Lake LLC (R. Scott Hacker), 4200 Expressway, Missoula, MT 59808
#P-06022 Cattail Lake Subdivision: Staff Report 17
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Cattail Lake PrellminarYPIat #P-06022
RESOLUTION #P-06022
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A MAJOR SUBDIVISION PRELIMINARY PLAT
APPLICATION ON—42 ACRES TO BE SUBDIVIDED INTO 38 SINGLE-HOUSEHOLD AND 4
MULTI-HOUSEHOLD LOTS AND SITE RELATED IMPROVEMENTS. THE PROPERTY IS
ZONED R-4 (RESIDENTIAL HIGH DENSITY DISTRICT),AND IS LOCATED NORTHEAST
OF THE INTERSECTION OF DAVIS LANE AND CATAMOUNT STREET. THE PROPERTY
IS LEGALLY DESCRIBED AS LOT 3 OF MINOR SUBDIVISION#221,LOCATED IN THE SW
'/4 OF SECTION 26,TIS,R5E,PMM,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 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 applicant/owner,Crestview Lake LLC(R. Scott Hacker),4200 Expressway,
Missoula, MT 59808; and represented by Ken Smith, 101 E. Broadway, Ste 406, Missoula, MT
59802 and TD&H, 215 W. Mendenhall, Suite C-1, Bozeman, MT 59715, submitted a Major
Subdivision Preliminary Plat Application on—42 acres to be subdivided into 38 single-household
and 4 multi-household lots for residential use and site related improvements on property legally
described as Lot 3 of Minor Subdivision#221. The property is situated in the SW '/4 of Section 26,
TI S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant is requesting a waiver of park area requirements pursuant to
Section 18.50.020 of the Bozeman Municipal Code to allow the requirement of dedication above
eight dwellings per acre to be met with additional land rather than a cash donation in-lieu; and
WHEREAS,the applicant is requesting a waiver of park dedication requirements pursuant to
Section 18.50.100.A of the Bozeman Municipal Code to allow natural resources/critical wildlife
habitat(lake and wetlands)to meet the requirements for this subdivision; and
WHEREAS,the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Municipal Code; and
WHEREAS,the City of Bozeman Planning Board held a public meeting on Tuesday,June 6,
2006,to receive and review all written and oral testimony on the request for said Major Subdivision
Preliminary Plat Application; and
WHEREAS,the City of Bozeman Planning Staff presented the staff report on the request for
said Major Subdivision Preliminary Plat Application; and
1 of 8
Cattail ake Preliminary PIA 0 P-06022
WHEREAS, staff supported the request for a waiver of park area requirements pursuant to
Section 18.50.020 of the Bozeman Municipal Code to allow the requirement of dedication above
eight dwellings per acre to be met with additional land rather than a cash donation in-lieu due to the
dedication of the lake for public recreational purposes; and
WHEREAS, staff supported the request for a waiver of park dedication requirements
pursuant to Section 18.50.100.A of the Bozeman Municipal Code to allow natural resources/critical
wildlife habitat (lake and wetlands) to meet the requirements for this subdivision due to the
dedication of the lake; and
WHEREAS, the applicant described the application, described a desire to have credit for
excess park dedication,and expressed concerns with the un-reimbursed costs of fulfilling Conditions
#8 and#9; and
WHEREAS,one member of the public was present to speak of concerns about the density of
this proposed development and the need for improvements to Davis Lane; and
WHEREAS,members of the City of Bozeman Planning Board presented questions about:the
water testing plan; water quality remediation; street frontage on the southeast portion of the park;
floodplain delineation;high ground water statement;allowable sidewalk meander;equipment for the
emergency rescue building; and
WHEREAS, members of the City of Bozeman Planning Board discussed the need for the
emergency rescue building, size and design of the building,cost of the building,and equipment for
the building, and the need for further clarification from the Fire Department; and
WHEREAS, members of the City of Bozeman Planning Board discussed the need for the
emergency access to the lake, size and type of the access,cost of the access,and the need for further
clarification from the Fire Department; and
WHEREAS, members of the City of Bozeman Planning Board discussed density; and
WHEREAS,members of the City of Bozeman Planning Board discussed that the majority of
the park land is not developable ground; that the lake could be filled in and developed; and that
money was made when the gravel was extracted; and
WHEREAS,members of the City of Bozeman Planning Board discussed the quality of the
redesign; mix of densities; street layout; and park design; and
WHEREAS,no members of the City of Bozeman Planning Board expressed opposition to the
waiver of the requirement of dedication above eight dwellings per acre to be met with additional land
rather than a cash donation in-lieu; and
WHEREAS,no members of the City of Bozeman Planning Board expressed opposition to the
waiver of park dedication requirements for the natural resources (stream and wetlands); and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
2 of 8
C.Wail Lake ftO iminary P10 #P-06022
requirements of the Montana Subdivision and Platting Act, and found that the Major Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
WHEREAS, City of Bozeman Planning Board, on a vote of 6 to 0, recommended to the
Bozeman City Commission that Condition#9 be amended to include "The cost of the emergency
rescue building and related equipment shall be compensated for equal cost from fire impact fees/
credits or park dedication credit/cash-in-lieu fees.'; and
WHEREAS, City of Bozeman Planning Board, on a vote of 3 to 3, failed to recommend to
the Bozeman City Commission that Condition#8 be amended to include"The cost of the emergency
rescue building and its related equipment shall be compensated with an equal amount of fire impact
fee credits and/or park land fee or park land dedication credits"; and
NOW, THEREFORE, BE IT RESOLVED,that the City of Bozeman Planning Board, on a
vote of 6 to 0, recommends to the Bozeman City Commission that the—42 acres to be subdivided
into 38 single-household and 4 multi-household lots for residential use and site related improvements
on property zoned R-4 (Residential High Density District), which located northeast of the
intersection of Davis Lane and Catamount Street, on property legally described as Lot 3 of Minor
Subdivision #221, and situated in the SW 1/4 of Section 26, T1S, RSE, PMM, City of Bozeman,
Gallatin County, Montana, be approved with the 42 conditions which follow; and
1. An emergency access/temporary turnaround shall be provided for the alley in phase 2 before
building permits can be issued for Lots I-11, Block 6.
2. Directory maps shall be installed at each entrance to the multi-family parking lots prior to
occupancy of any multi-family buildings.
3. The adequacies of the number and location of fire hydrants serving the multi-family lots shall be
subject to review and additional requirements at the time of site plan review.
4. If the Rae Fire Easement is not vacated, it shall not be counted toward park dedication
requirements.
5. The applicant shall be responsible for testing the water quality of the lake a minimum of two
times a year until maintenance responsibility is turned over to the property owners association at
which time the property owners association shall assume responsibility for testing the water
quality of the lake a minimum of two times a year. The testing procedures shall be described in
the covenants and Park Plan,and shall be provided to the Park and Recreation Superintendent for
review and approval prior to submittal of the final park plan.
6. Due to the close proximity of the trail system to the sidewalks along both Trout Meadows Road
and Lakeside Drive,the applicant shall instead construct a 10-foot concrete sidewalk along those
two streets which may meander between the park area and the road rights-of-way.
7. The applicant shall construct that portion of the lake loop trail system shown on the adjoining
property to the north. Public access easement documents shall be provided which permit the
3 of 8
Catt"Ail Lako`'Freliminary Phd #p-0602 ,E
construction,use and maintenance of the trail on the adjoining property. The city will support a
payback arrangement on this portion of the trail system,providing development of the property
to the north occurs within 10 years.
8. The applicant shall construct an all-weather emergency access to the lake that includes a parking
area of sufficient size to accommodate several emergency vehicles. This access shall be
constructed prior to occupancy of any buildings. The size and design of the access shall be
provided to the Fire Department for review and approval prior to submittal of final park plan.
9. The applicant shall construct an emergency rescue building in close proximity to the all-weather
emergency access to the lake. This building shall be constructed prior to occupancy of any
buildings. The design of the building shall be provided to the Fire Department for review and
approval prior to submittal of final park plan. The cost of the emergency rescue building and its
related equipment shall be compensated with an equal amount of fire impact fee credits and/or
park land fee or park land dedication credits. (As amended by Planning Board)
10. The following recommendations,conditions,changes or additions shall be made to the Park Plan
prior to submittal for review and approval by the City Commission,with a recommendation from
the Bozeman Recreation and Parks Advisory Board.
a. The applicant shall show a boat launch area and related improvements,suitable for all types
of non-motorized watercraft,on the final park plan. If acceptable to the Fire Department,this
launch area can be design for hand launch only.
b. An emergency rescue building shall be shown in close proximity to the boat launch area,and
the location and size of the building shall be provided to the Fire Department for review and
approval prior to submittal of final park plan.
c. A parking lot serving the emergency rescue building and boat launch area shall be shown on
the final park plan.
d. The trail system shall connect to the sidewalk on Davis Lane in the northwestern area of the
park.
e. The Cattail Lake Subdivision Declaration of Covenants and Restrictions (the Declaration)
shall be provided to the Park and Recreation Superintendent for review and approval prior to
submittal of final park plan.
11. The following changes or additions shall be made to the Cattail Lake Subdivision Declaration of
Covenants and Restrictions (the Declaration):
a. Article III, Section 2, J. Site Design shall state that the setback for a garage with stacked
parking off of an alley shall be a minimum of 26 feet.
b. Article III, Section 2,K. Landscaping/Yards shall state that trees shall not be located within
10 feet of sewer and water services.
c. Article III, Section 2, K. Landscaping/Yards shall state that fences located in the front yard,
or the side or rear yard setback of properties adjacent to any park, shall not exceed a
maximum height of 4 feet.
d. Article VI, Section 3,needs to discuss the responsibility for maintenance of the park until a
city-wide park maintenance district is formed, and the responsibility to test the waters
regularly.
e. Article VI, Section 13 i,needs to clarify that the Board does not have the authority to grant
easements over dedicated park land.
4of8
Catty l°fake Preliminary Plat, #P-06022
f. Article VIII, Section 7 should clarify that the parks are not being transferred to the
Association.
g. Article VI, Section 14, pertaining to use of park needs to discuss COB approval of use of
park.
h. Article VIII, Section 2, the covenants can not be changed or terminated without COB
approval.
i. The Declaration shall include language to assure completion of parkland facilities and
pathways/trails and allowing the City of Bozeman, if necessary, to become a party to
assessments for such completion and maintenance pursuant to Sections 18.72.020.0 and
18.72.040.13 of the Bozeman Municipal Code.
j. The Declaration shall address the prohibition of motorized recreation on the lake.
12. Water rights,or cash-in-lieu thereof,as calculated by the Director of Public Service,is due with
the final plat.
13. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park and open space, e.g.: public park, dedicated to the city and
maintained by the homeowners association; and open space, public access, owned by the
landowners, maintained by the homeowners association, etc.
14. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
15. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
16. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases,the soils report may
address those lots within the proposed phase.
17. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code.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.
18. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
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Cattail La>ie,Prellminary Plat P-06022
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details,basin sizing calculations and
a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
19. Plans and specifications and a detailed design report for water and sewer main extensions,storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection,post-
construction certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements.
20. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages,and related storm drainage infrastructure improvements shall be financially guaranteed
or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
21. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
22. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
23. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
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Cattail Lake Preliminary Plat #P-06022
proposed relocation and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall
be obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
24. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
25. Project phasing shall be clearly defined including installation of infrastructure.
26. 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.
27. 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 of the
Bozeman Municipal Code. This shall be submitted as part of the final site plan for site
developments,or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
28. All construction activities shall comply with Section 18.74.020.A.2.of the Bozeman Municipal
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer
shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
29. The eastern half of Davis Lane including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to
transition back to the existing road width. All improvements to Davis Lane shall be completed
with phase I of the development.
30. A level of service evaluation must be provided for the intersection of North 27th Avenue and
Valley Center Road. Any improvements needed to provide adequate level of service for the
intersection shall be installed with the project.
31. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and
Catamount Street.
32. The sewage lift station should be located as far as practical from building sites to minimize odor
or noise complaints.
33. The lift station shall include a SCADA system compatible with the City's existing system. The
lift station shall also include backup power capable of running the entire station including both
pumps. A wet well/dry well type station will not be acceptable. It shall be a wet well
configuration with submersible pumps.
34. Year round paved access must be provided to the lift station. This shall be separate from the
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Cattail Lake Preliminary Flat #P-06022
parking lot for the residential units. The access, lift station, and force main must either be on
separate lots dedicated to the city, or contained within easements.
35. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the
lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors, and assigns. The agreement shall be subject to approval by the City Engineer and the
City Attorney.
36 If there are any air relief valves on the force main, they shall be accessible by the City's flusher
truck.
37. The 10. O—year flood lam shall be delineated for Cattail Creek between Catamount and Trout
Meadows . The floodplain sha e shown on the final plat. If the limits of the flooding encroach
onto any proposed lots, minimum floor elevations for any structures on the lots shall be
specified.
38. A schematic signage plan for the subdivision,noting any proposed traffic calming measures shall
be included in the infrastructure design report.
39. If an easement can be obtained for Warbler Way, the entire street section exclusive of the
sidewalk on the adjoining property shall be constructed. If the easement cannot be obtained,
curb, gutter,standard boulevard, and sidewalk on the west side,along with a minimum pavement
width of 24' shall be installed.
40. Where water and/or sewer mains are installed in alleys, they shall be in an easement which is a
minimum of 30' wide. No other utilities will be allowed within the easements for City
infrastructure.
41. A 12"water main shall be installed to the northern boundary of the subdivision in Davis Lane as
called for in the City's Water Facilities Plan.
42. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks
maybe combined into one facility that is 10' wide and constructed of concrete. The combined
walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more
than 15' from the right of way.
DATED THIS 6"' DAY OF DUNE, 2006 Resolution #P-06022
Andrew C. Epple, Planning Vr ctor JP PomnHowski, President
Planning & Community Development Dept. City of Bozeman Planning Board
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MINUTES DRAFT
THE CITY OF BOZEMAN PLANNING BOARD
COMMISSION MEETING ROOM,
CITY HALL, 411 EAST MAIN STREET
TUESDAY, JUNE 6, 2006
7.00 P.M.
ITEM 1. CALL TO ORDER AND ATTENDANCE
Planning Board President JP Pomnichowski called the meeting to order at 7:03 p.m. and directed
the recording secretary to note attendance.
Board Members Present Staff Present Visitors Registered
JP Pomnichowski,President Andrew Epple, Director of Planning Ken Smith
Dave Jarrett Lanette Windemaker, Contract Planner Cecilia Vaniman
Caren Roberty Chris Saunders, Asst. Director Marcia Youngman
Ed Sypinski Margot Barg
Mike Hope Sean Becker
Brian Caldwell
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
There was no public comment.
ITEM 3. MINUTES OF MAY 16`h, 2006
Planning Director Epple stated the minutes of the May 16, 2006 meeting were not available at this
time,but would be distributed in the next packet.
ITEM 4. PROJECT REVIEW
Major Subdivision Prelimina Plat Application#P-06021 Cattail Lake). A Major
Subdivision Preliminary Plat Application requested by applicant and property owners,
Crestview lake LLC, to allow the subdivision of 42 acres into 38 single-household and 4
multi-household lots, roads, alleys,park and open space areas on property legally described
as Lot 3 of Minor Subdivision#221, located in the SW '/4 of Section 26, T1 S,R5E, PMM,
City of Bozeman, Gallatin County, Montana.
Contract Planner Lanette Windemaker presented the staff report. She stated the proposal includes
two proposed waivers to the park land requirements: that the area of the lake itself count toward the park
land dedication requirement, and that not all of the park land be fronted by public streets. She noted there
are 42 recommended conditions, and highlighted conditions one through nine for the benefit of the Board.
Brian Caldwell asked how much the proposed sidewalk could meander. Lanette Windemaker
stated that the meandering may not exceed engineering standards for safety, and referred Mr. Caldwell to
Condition No. 42 for further clarification.
Mr. Caldwell asked what would be placed in the emergency building near the lake. Ms.
Windemaker responded that a boat,blankets, and other rescue equipment would be housed in the building.
Dave Jarrett inquired about water quality testing: Who would do it, and what standards would
apply. Ms. Windemaker responded that Parks Superintendent Ron Dingman will establish those
procedures and standards before the City accepts the Lake as parkland. Mr. Jarrett expressed concern
about nitrate levels, and commented that this will be a new area for parks personnel to work in.
In response to a question from JP Pomnichowski, Ms. Windemaker commented that Condition 15
addressed high groundwater concerns. Ms. Pomnichowski asked about the status of Farmers' Canal and
area wetlands. Ms. Windemaker replied that Farmers' Canal is not a watercourse, and therefore not
subject to 310 Permitting requirements or watercourse setbacks. She noted that the wetlands are
jurisdictional and subject to Army Corps 404 permitting.
Ms. Pomnichowski questioned why the park land frontage waiver was not called out as a variance.
Ms. Windemaker responded that that requirement can be modified by the Commission without meeting
the criteria for the granting of a variance, per Code.
Mr. Ken Smith of Process Architecture, representing Scott Hacker and Cattail Lake LLC addressed
the Board. He noted that they have redistributed some of the housing types to address concerns expressed
during previous informal and pre-application reviews. He stated they are fine with all of the conditions
except two: 1) They would like consideration for the excess parkland they are providing; and 2) They
wish not to be burdened with the cost of constructing the rescue building.
Mr. Scott Hacker stated they are waiting for a definitive response from the fire department on
whether or not they actually need to construct a rescue building, and indicated they feel it is an
extraordinary requirement to have to do so.
Mr. Dave Jarrett asked how they would like to amend Conditions 8 and 9. Mr. Ken Smith stated
they would like the conditions eliminated, or amended to give them credits, like impact fee credits, for the
rescue building and extra parkland.
Mr. Brian Caldwell asked if they have a cost estimate for the building. Mr. Smith and Mr. Hacker
stated they do not because they haven't gotten any feedback from the fire department yet.
JP Pomnichowski asked if this development will be protected by the City of Bozeman or RAE
volunteer fire department. Ms. Windemaker said the City of Bozeman will provide fire and emergency
protection,but RAE fire department will have an access easement to draw water from the lake.
President JP Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT.
Ms. Cecelia Vaniman, 1520 Westlake road, stated she lives just north of the property. She is
concerned about density and impacts on Davis Lane. She stated that with all the construction activity in
the area there are over 400 gravel trucks a week on Davis Lane, creating severe dust conditions. She
asked the extent to which Davis Lane would be paved, and how much this developer would be required to
do.
Seeing no more members of the public wishing to speak, President Pomnichowski CLOSED THE
PUBLIC COMMENT PORTION OF THE HEARING.
In response to Ms. Vaniman's question, a representative of TDH Engineering in Belgrade stated
that Davis Lane will be paved to the north end of the property in conjunction with Phase I of the
development, extending perhaps 300 feet beyond the Vaniman's property line. He noted it will be a two
land paved city standard street adjacent to this property.
Brian Caldwell stated that the cost of the boathouse should be linked to impact fee credits of some
sort. Dave Jarrett stated he felt the requirement should just be eliminated because the City has provided
no specific standards or need. Ed Sypinski stated he felt the boathouse was needed for public safety.
Caren Roberty stated she didn't feel the conditions should be stricken,but modified. She noted
that much of the parkland that is being dedicated is not developable. Brian Caldwell indicated he supports
giving parkland credit for the lake.
Mike Hope stated that dedicating parkland adds to the cost of housing, so he favors granting credit
elsewhere for excess parkland. With regard to density, Mr. Hope stated he feels the market should
determine how dense a development should be. He stated his support for keeping Condition 8, because
emergency access is important,but eliminating Condition 9 because there are no specific reasons for
keeping it.
JP Pomnichowski stated that she is a firefighter, and believes a building is necessary to house
equipment that cannot be easily transported to the site. She feels it is an important condition that should
be kept,but that a credit should be considered. She stated the parkland is a nice amenity for the
subdivision. Ms. Pomnichowski stated she likes how this project has evolved. She noted that she feels
the density is O.K. because of the amount of parkland, and that the street layout is good.
Dave Jarrett questioned whether the emergency parking area should be available for parking to the
public, and suggested maybe a dock would be helpful in aiding rescues. Ms. Windemaker commented
that there is parking along both sides of the streets adjacent to the lake, which will provide access.
MOTION: Brian Caldwell moved to amend Condition 9 by adding the following to the end of
the condition: "'The cost of the emergency rescue building and its related equipment shall be compensated with
an equal amount of fire impact fee credits and/or park land fee or park land dedication credits." Dave Jarrett
seconded the motion. The motion to amend Condition 9 passed unanimously(6 in favor, none opposed).
MOTION: Mike Hope moved to apply the same language as just added to Condition 9 to
Condition 8. Dave Jarrett seconded the motion. Caren Roberty commented that the need for the gravel
access and parking area is not the same as the need for a building. The motion to amend Condition 8
failed with 3 votes in favor(Hope, Jarrett, Caldwell) and three votes opposed (Roberty, Sypinski,
Pomnichowski).
MOTION: Mike Hope moved to recommend approval of Major Subdivision Preliminary Plat
Application#P-06021 (Cattail Lake) as recommended by staff, with Condition 9 as modified by the
Board. Motion seconded by Ed Sypinski. Motion passed unanimously(6 in favor, none opposed).