HomeMy WebLinkAboutE10 Meadow Creek FFO
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Meadow Creek Subdivision Findings of Fact
MEETING DATE: November 6, 2006
BACKGROUND: On November 7, 2005, the City Commission held a public hearing on an application
for preliminary approval of the Meadow Creek Major Subdivision. The Commission approved the
proposed subdivision, subject to conditions to ensure the final plat would comply with all applicable
regulations and all required criteria. State law provides that the governing body shall “provide a written
statement to the applicant detailing the circumstances of the condition imposition.” The statement must
include 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. Dave Skelton, Senior
Planner, presented the subdivision application on behalf of the City of Bozeman. He has prepared the
Findings of Fact and Order to serve as the Commission’s statutorily required written statement.
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Meadow Creek Major Subdivision.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Staff Attorney Chris Kukulski, City Manager
Attachments: Proposed Findings of Fact for Meadow Creek Subdivision
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
JCD, L.L.C. FOR PRELIMINARY PLAT REVIEW OF AND ORDER
MEADOW CREEK SUBDIVISION, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Unified Development Ordinance, a public meeting and
public hearing were scheduled, after notice given, before the Bozeman Planning Board on October 18,
2005, and before the Bozeman City Commission on November 7, 2005, on the above-entitled application.
The applicant presented to the City Commission a proposed preliminary plat to subdivide 202.40± acres
and create two hundred sixty-nine (269) single-household residential lots and seventy-two (72) multi-family
residential lots, together with the required supplementary plans and information. The purpose of the
public meeting and hearing was to consider all relevant evidence relating to public health, safety, and
welfare, including the required environmental assessment and recommendation of the Planning Board, to
determine whether the plat should be approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and comment
were given the opportunity to do so, and therefore, being fully advised of all matters having come before it
regarding this application, the City Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of Meadow Creek
Subdivision, a residential, mixed-use major subdivision, was submitted to the City of Bozeman
Department of Planning and Community Development on August 30, 2005. The preliminary subdivision
plat, as proposed, will subdivide 202.40± acres and create two hundred sixty-nine (269) single-household
residential lots and seventy-two (72) multi-family residential lots, dedicate approximately 20.58+ acres of
public parkland, and construct City standard streets within dedicated public rights-of-way. All lots will be
Meadow Creek Subdivision – Findings of Fact and Order 1
served by City of Bozeman water and sanitary sewer services and accessed by public streets with the
extension the West Graf Street, South 27th Avenue, Blackwood Road and connection to the existing South
19th Avenue. All interior local subdivision streets will be constructed to City street standards within
dedicated public rights-of-way.
II.
Notice of a public meeting before the City of Bozeman Planning Board and public hearing before
the Bozeman City Commission was published in the Bozeman Daily Chronicle on October 16, 2005 and
October 23, 2005, and the notice was posted at the site and mailed by Certified mail, return receipt
requested, to all adjoining property owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of
Meadow Creek Subdivision on October 18, 2005.
The Planning Staff reviewed the project at that time and discussed the recommended conditions of
the Development Review Committee and local review agencies, status of the annexation, amendment to
the adopted growth policy, establishing proper municipal zoning designation, mix of land uses,
construction of collector roads, traffic study warrants, physical features, water courses and associated
wetlands, public trail system, and provisions for dedicated parkland and open space.
The Planning Staff reported that written public testimony on this matter was received by the
Planning Office and provided in the Planning Board packets. Issues identified by residents in the area
included impact on groundwater, traffic impacts, bike and pedestrian circulation, and future acquisition of
rights-of-way from adjoining property.
Chris Budeski, GVRE Development, representing JCD, L.L.C., discussed the subdivision design
and mix of residential land uses, water and sewer main extensions, street improvements, and noted that the
application is not requesting an relaxations to the Unified Development Ordinance. Mr. Budeski further
Meadow Creek Subdivision – Findings of Fact and Order 2
commented that the request for a pedestrian/bide pathway along West Graf Street based on the
signalization at the intersection with South 19th Avenue was favorable.
Doug Chandler, Allied Engineering, described the history and characteristics of ground water in
the area and noted the influence that flood irrigation has in the area on the depth to ground water. Mr.
Chandler also discussed the amount of dewatering that occurs and its impact on the depth to ground water
in the area.
IV.
The Planning Board then opened the public meeting portion on said matter with four (4) members
of the general public providing testimony with regard to impact on the depth to ground water, protection
of agricultural lands from residential development, fencing, street design, traffic impacts, bike and
pedestrian pathways, and future annexation and development of adjoining lands in the area for the Hope
Lutheran Church.
V.
After reviewing the staff recommendation, hearing the applicant’s presentation, hearing public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed under
the procedures of the City of Bozeman Unified Development Ordinance and the adopted growth policy,
the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-608, M.C.A.,
1999.
The Planning Board considered the recommended conditions prepared by the Planning Staff and
Development Review Committee, and discussed the impact on ground water, “no basement” restriction,
amendments to covenants regarding the protection of agricultural practices, fencing, and pet control, bike
path along Graf Street, development of storm water facilities, trail construction, RSL lots, and parkland
design.
Meadow Creek Subdivision – Findings of Fact and Order 3
VII.
The Planning Board then discussed the applicant’s request for variances to Unified Development
Ordinance, possible modifications to the recommended conditions of approval, and the need to add a new
condition requiring a notation on the final plat for no basements and the presence of high ground water in
the area.
The Planning Board found that with the recommended conditions and addition of an new
condition discussing a no basement restriction and presence of high ground water in the area, that the
subdivision would comply with the primary review criteria, and therefore voted 5-0 to forward a
recommendation of conditional approval to the Bozeman City Commission as set forth in Planning
Resolution No. P-05019.
VIII.
The matter of preliminary plat review of Meadow Creek Subdivision was considered at a public
hearing before the City Commission on Monday, November 7, 2005.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval as set forth in Planning Resolution No. P-05053.
Mr. Neal Ainsworth, representing the applicant, provided an overview of the proposed major
subdivision and discussed history of the property, parkland, wetlands, trail system, and the maintenance of
wetlands, open space and parkland by the homeowner’s association.
Mr. Chris Budeski, consulting engineer representing the applicant, discussed the use multi-family
lots as meeting the restricted size lot requirement, parkland and open space, street design, and
modifications to the design requested by the City Commission. Mr. Budeski expressed concern with the
language in condition seven (7) regarding the construction of Graf Street from South 27th Avenue to South
19th Avenue, and condition twenty-two (22) regarding the dedication of up to a 2-acre parcel for a new fire
substation.
Meadow Creek Subdivision – Findings of Fact and Order 4
IX.
The public hearing portion on this matter was then opened to hear public testimony on the matter
with three (3) members of the general public offering comment; Don Siefert, 5700 Fowler Lane, Alice
Jones, member of the Hope Lutheran Church, and Renee Sippel-Baker, 3781 Sourdough Road. Public
testimony including concerns with impact on ground water, protection of agricultural lands, request to
amend homeowner association documents to address concerns by neighbors, protection of existing
vegetation and watercourses, development of the adjacent twenty (20) acres of church land adjacent to
South 19th Avenue, construction of off-site improvements, and development of a compatible subdivision.
The City Commission considered the staff report prepared by the Planning Staff and Development
Review Committee, and the recommendation of the Planning Board and then discussed trail construction
and design, street alignment, dedicated parkland, lack of orderly size and orientation of subdivision blocks,
and mix of single family and multi-family residential lots as restricted size lots.
X.
The City Commission then considered the minutes of the Planning Board, Resolution of the
Planning Board, Planning Office staff report, public record, the developer's testimony, and weighed the
proposed subdivision against the primary criteria for consideration of subdivisions established in Title 76-
3-608, and found as follows:
76-3-608.3(a) M.C.A.
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes with the majority of the
202.40-acre tract used for pasture and hay. Soil conditions confirm the site as being good
producing soils for agricultural activity and a viable farm unit. However, the limited area of the
subject property is not of a substantial size to accommodate a viable farmstead. With the recent
amendment to the adopted growth policy, the area is identified for development as “Residential” on
the Land Use Plan Element of the Bozeman 2020 Community Plan. Therefore it is considered a
reasonable area for consideration of urban growth with its proximity to the area’s major
transportation network and ability to extend municipal infrastructure to the site.
Meadow Creek Subdivision – Findings of Fact and Order 5
2) EFFECTS ON LOCAL SERVICES:
Access to municipal infrastructure and public services is available. However, access requires the
developer to extend existing water and sanitary sewer mains from an unusually long distance and
requires completion of sewer mains as far north as Davis Lane (Fowler Trunk Sewer Main). The
cost of extending infrastructure to the property will be the sole responsibility of the developer,
unless over sizing of water and/or sanitary sewer main capacities is requested by the City. In such
cases, the City of Bozeman will participate in the over sizing of infrastructure. The City Engineer’s
Office has determined that adequate capacity is generally available in the facilities plan for
municipal water and sanitary sewer to service the proposed subdivision.
All street improvements will be constructed to acceptable City standards with curb, gutter,
pavement, boulevard sidewalks, and storm water facilities. Graf Street, Blackwood Street, and
South 27th Avenue shall be constructed as collector streets as identified in the Bozeman 2020
Community Plan and Greater Bozeman Area Transportation Plan, 2001 Update. South 19th
Avenue will be improved along the west side of the arterial as prescribed by the City Engineer’s
Office. All arterial and collector streets identified in the Impact Traffic Analysis and movements
on intersection approach legs designated as arterial or collectors will operate at a minimum Level
of Service “C” with exception to the intersection of South 19th Avenue with Graf Street and with
Stucky Road. As a result, signalization improvements at this intersection are recommended by the
City Engineer’s Office.
With annexation of the subject property, the Fire Department identified the need for a substation
in this area to provide for adequate fire protection and emergency services. Provisions for this
public service must be addressed with the filing of the first phase of the major subdivision with a
location agreed upon by the applicant and Fire Department, and deeded to the City of Bozeman.
Any remaining issues identified by the Development Review Committee are addressed in the
recommended conditions of approval provided by the City Engineer’s Office.
3) EFFECTS ON NATURAL ENVIRONMENT
With exception to the four water courses, associated wetlands, mature vegetation and existing
ponds already discussed by the staff report, no additional significant physical or topographical
features have been identified (i.e., outcroppings, geological formations, steep slopes). Any
mitigation and enhancement of wetlands will occur only with the approval of 310 and/or 404
Permits from the Gallatin County Conservation District and Army Corp of Engineers.
Groundwater quality will be protected by the installation of municipal sanitary sewer services and
appropriate measures are proposed by the developer with residential construction. Provisions have
been discussed in the applicant’s submittal to address the control of noxious weeds, agricultural
fencing and maintenance of park land/open space, and will be further addressed with the
protective covenants and compliance with the recommended conditions of approval.
4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
Meadow Creek Subdivision – Findings of Fact and Order 6
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. No known endangered species or critical
game ranges have been identified on the proposed subdivision. The Department of Fish, Wildlife
& Parks has not identified any impacts on wildlife and wildlife game range habitat with this
development proposal. Therefore, no significant effects on major wildlife game and their habitat
should occur as a result of the proposed mixed-use major subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary
Plat review of the Meadow Creek Subdivision; and as result, has not identified any significant
impacts to the area's public health and safety that can not be mitigated with the recommended
conditions forwarded to the Planning Board and City Commission. Because development of the
property will include municipal sanitary sewer services, the threat of groundwater degradation from
on-site sewage disposal will be eliminated. There are no known, unmitigated natural or man-made
hazards on this property.
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in the Preliminary Plat application that no downstream water user facilities will
be impacted with subdivision of the property. Although the subdivider does not anticipate any
impacts to downstream water users with this subdivision, it is recommended that a written
statement be provided on the final plat and protective covenants stating that the Meadow Creek
Subdivision will not interfere with any agricultural water user facility or irrigation ditches for
downstream water rights.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of
compliance with master plan status. As a result, the Planning Office has reviewed this application against
the listed criteria and further provides the following summary review:
76-3-608.3.b,M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and
Platting Act.
Prior to filing of any plat(s) for this subdivision, said plats must comply with the survey requirements
in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk &
Recorder's Office upon review and approval by City staff.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are
standards of the Bozeman Unified Development Ordinance and shall be addressed on the final plat:
a. Section 18.42.040.B - That all block lengths shall not be more than 400 feet in length nor less
than 300 feet in length, unless a variance to Section 16.14.030 “Blocks” of the Bozeman
Subdivision Regulations is granted by the City Commission.
b. Section 18.42.150 – That the Lighting Plan shall reflect the standards outlined in the U.D.O. A
lighting plan shall be submitted for review and approval prior to the contracting, creation of an
Meadow Creek Subdivision – Findings of Fact and Order 7
S.I.L.D. and installation of the lights. The plan shall include a pole light detail with spacing based
on high pedestrian conflict, a local street pole light at one per local street intersection, and a
bollard light detail for placement at pathway/street intersections. All lights including the bollard
light shall conform to the City’s requirement for cut-off shields.
c. Section 18.42.060.B – Requires all utility easements to be noted on the Final Plat for each typical
subdivision lot/block, exclusive of notations on the final plat.
d. Section 18.42.060.D.4 – States that storm water runoff from a development shall not be
discharged directly to an irrigation facility. This will further require all storm water facilities to be
designed in a manner that addresses the criteria set forth by the Planning Office
e. Section 18.42.180.C - Requires 10% of the net building acreage to be dedicated to Restricted Size
Lots, or a minimum of 453,301 square feet for this subdivision. The Final Plat must identify the
RSL lots.
f. Section 18.48.070 – Irrigation, sod and street trees on all external streets and adjacent to public
parks or other opens spaces is required of the developer. It is recommended that internal streets
also be landscaped with boulevard trees to maintain consistency with an urban streetscape
throughout the subdivision. A landscape plan shall be submitted, identifying the location and
tree species to be installed by the developer, prior to installation of the trees or final plat,
whichever comes first.
g. Section 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for
improvements to the public parkland. Reference to “by others” will need to be more clearly
outlined as to responsibility of improvements (i.e., homeowner’s association, City of Bozeman,
etc.). It is recommended that as part of the neighborhood center for this subdivision park that
the tot lot and associated landscape improvements be installed by the developer.
h. Section 18.50.080 – The subdivider will be responsible for leveling park area(s), amending the
soil, seeding disturbed areas to allow mowing with turf type mowers, and installing an
underground irrigation system in compliance with City standards.
i. Section 18.50.080.D – All storm water retention or detention facilities may be located within a
park but not counted towards the final parkland dedication. All areas identified in the
subdivision for the purposes of retention/detention storm water facilities shall be noted on the
subdivision plat as “Common Areas” owned and maintained by the property owner's association,
and noted accordingly in the property owner's association documents, for review and approval
by the Planning Office. All storm water facilities must be designed in a fashion that is
landscaped as effective landscape features (i.e., not rectangular or box-like), with slopes not more
than 1:4 , or 25%, with an average depth of not more that two feet. All collection and outlet
facilities must also be properly landscape and screened from the general public. All storm water
facility outlet structures will be properly landscape and a minimum distance of not less than thirty
(30) from any watercourse high water mark will be required. Placement and design of the
facilities will be approved by both the City Engineer’s Office and Planning Office.
j. Section 18.50.110 – Pathways must be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s
association is responsible for pathway maintenance. Plans and specifications for the trail will
Meadow Creek Subdivision – Findings of Fact and Order 8
need to be reviewed by the Parks Department prior to construction. A Type II Class trail is
recommended along the watercourse corridor with the placement appropriate pedestrian
crossings at all intersections with interior subdivision streets. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval..
k. Section 18.72 outlines the requirements for Covenants. In addition, keep in the mind the
following items when drafting your covenants for final plat approval: 1) the orientation and
setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors (i.e.,
P.A.C. corridors), 3) access to townhouses from alleys and the setback requirements for garages
and/or parking stalls, 4) provisions for fences (i.e., sight vision triangle, protection and
maintenance of adjacent agricultural fences, etc.), 5) provisions for maintenance and upkeep of
all common areas, public and private parklands, trails, storm water runoff facilities, 6) a
Development Manual that outlines architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for
each residential lot, 7) list of permitted land uses in both the R-3 and R-4 zoning designations, 8)
a 25-foot setback off of South 19th Avenue, with 20-foot setbacks off of Graf Street, Blackwood
Street, and South 27th Avenue for all lots fronting onto the minor arterial streets or collectors, 9)
provisions that outline the renewal of an annual contract with a certified landscape nursery
person for the upkeep and maintenance of all parklands, common open space, trails, etc., 10)
landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc.,
11) mitigation of groundwater with established floor elevations and no basement restriction, 12)
provisions for the maintenance of agricultural fences and no trespassing on adjacent properties
during construction activity, and 13) architectural guidelines for residential character, porches,
fenestration treatment, placement of garages, boulevard trees.
l. Section 18.78.070.D – the Final Park Plan must be submitted, reviewed and approved prior to
submitting for Final Plat approval of the first phase of the major subdivision. Two bound copies
of the plan shall be submitted to the Planning Office for review and approval prior to installation
of any improvements or upon Final Plat approval, whichever comes first. The document shall
address all of the criteria outlined in Section 18.78.060.P.
The developer will submit a formal development plan signed by a certified landscape architect
for the design of all dedicated parklands within said subdivision for review and approval by the
Superintendent of Facilities and Public Lands, and Bozeman Recreation and Parks Advisory
Board. Details of plantings, species, topography, irrigation system, and any permanent park
features shall be shown and discussed with the plan. Construction of the parkland
improvements will be to City standards and must be completed with City oversight.
Improvements shall be installed within all dedicated parklands according to the Implementation
Plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation
and Parks Advisory Board.
m. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a
qualified archeologist is necessary. The results of said survey must be provided to the Planning
Office and the State Historic Preservation Office prior to the disturbance of any of the
subdivision grounds.
Meadow Creek Subdivision – Findings of Fact and Order 9
n. Section 18.78.070.C – A Memorandum of Understanding shall be entered into by the Weed
Control District and the subdivider for the control of county declared noxious weeds and a copy
provided to the Planning Department prior to Final Plat approval.
o. That the applicant obtain written approval of a park land implementation plan outlining
installation of landscape improvements, trail/bike path improvements, and maintenance and
upkeep of the park lands and trails, and that said implementation plan be noted accordingly in
the protective covenants and restrictions of the property owner's association documents, for
review and approval prior to Final Plat approval.
p. That a one (1) foot wide “No Access” strip be delineated on the Final Plat for all subdivision lots
fronting directly onto South 19th Avenue, Graf Street, Blackwood Street, and South 27th Avenue,
as well as a similar notation provided accordingly on the final plat for review and approval by the
Planning Office.
q. That the applicant verifies that all subdivision lots have the minimum required lot width at the
front yard setback.
r. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the homeowners’ association.
s. That the final plat shall comply with Section 16.08.070 “Final Plat” and Chapter 16.32
“Certificates” of the City of Bozeman Subdivision Regulations, and shall conform to all
requirements of the Uniform Standards for Final Subdivision Plats including provisions for all
appropriate certificates and language, certification from the City Engineer that as-built drawings
for public improvements were received, and accompanied by all appropriate documents,
including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for
final plat approval, along with two (2) digital copies of the final plat, on a double sided, high
density 3½-inch floppy disk; and five (5) paper prints.
t. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.
u. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a
city-wide park maintenance district for review and approval by the City of Bozeman for
maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval
(may have been done with the Annexation Agreement).
v. The final plat shall provide public utility easements along side and rear lots lines as required by
the subdivision regulations. However, in the event front yard easements are used, side and rear
yard easements must still be provided on the plat unless written confirmation is submitted to the
Planning Office from all utility companies indicating that front yard easements are adequate to
service said subdivision lots. The easement notation required in Section 16.14.050.B.4 of the
Bozeman Subdivision regulations shall also be provided on the final plat.
w. The subdivider shall ensure that all construction material and other debris are removed from the
subdivision prior to final plat approval, or prior to release of said financial guarantee, if an
Improvements Agreement is necessary with the final plat.
Meadow Creek Subdivision – Findings of Fact and Order 10
x. That the developer shall enter in an Improvements Agreement 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 installation of
all improvements, the developer shall supply the City of Bozeman with an acceptable method of
security equal to one hundred fifty (150) percent of the cost of the remaining improvements.
y. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. At the
end of this period the City Commission may, at the written request of the subdivider, extend its
approval for a period of no more than one (1) calendar year except that the City Commission
may extend its approval for a period of more than one (1) year if that approval period is included
as a specific condition of a written subdivision improvements agreement between the City
Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
Regulations.
z. That the applicant submit with the application for Final Plat review and approval of Meadow
Creek Subdivision., a written narrative stating how each of the conditions of Preliminary Plat
approval and code provisions outlined on pages 12-17 of the staff report has been met or
satisfactorily addressed.
aa. 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.
bb. 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
Meadow Creek Subdivision – Findings of Fact and Order 11
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.
cc. 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.
dd. 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 plat and in the covenants for the subdivision.
ee. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
ff. 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.
gg. Flood Plain:
a. A Flood Plain Development Permit must be obtained from the City Engineer prior to any
construction activity within the delineated 100 year floodplain.
hh. 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.
ii Project phasing shall be clearly defined including installation of infrastructure.
jj 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.
kk. 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
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.
ll. 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
Meadow Creek Subdivision – Findings of Fact and Order 12
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.
(iii) - Compliance with the local subdivision review procedures provided 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 by the Bozeman Unified Development Ordinance. The notice was mailed to all
adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on
the recommendation of the D.R.C. and other applicable review agencies, as well as any public
testimony received on the matter, the Bozeman Planning Board shall forward a recommendation in a
Resolution to the Bozeman City Commission who will make the final decision on the applicant’s
request.
76-3-608.3.c, M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the final
plat for each phase.
Meadow Creek Subdivision – Findings of Fact and Order 13
76-3-608.3.d, M.C.A.
(d) - Provisions of legal and physical access to each parcel.
All lots within the major subdivision will have direct access onto dedicated public streets.
XIII.
After considering all matters of record presented at the public hearing and meeting, the City
Commission found that the proposed preliminary plat for Meadow Creek Subdivision to subdivide
202.40± acres and create two hundred sixty-nine (269) single-household residential lots and seventy-two
(72) multi-family residential lots, would comply with the requirements of the Bozeman Unified
Development Ordinance and the Montana Subdivision and Platting Act if certain conditions were
imposed.
ORDER
IT IS HEREBY ORDERED, on a vote of 3-2, that the Preliminary Subdivision Plat to subdivide
202.40± acres and create two hundred sixty-nine (269) single-household residential lots and seventy-two
(72) multi-family residential lots known as Meadow Creek Subdivision has been found to meet the primary
criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the conditions
listed below. The evidence as stated in the Findings of Fact, justifies the conditions imposed on the
subdivision to ensure that the final plat complies with all applicable regulations, and all required criteria,
that appropriate and safe vehicular and pedestrian circulation is provided, adequate infrastructure and
public services are provided, and adequate public access, utility easements, and rights-of-way are provided.
This City Commission order may be appealed by bringing an action in the Eighteenth District
court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by
following the procedures of Section 76-3-625, M.C.A.
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of
service for the analyzed intersections must be installed with the project.
3. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and
services within the State's right-of-way must be obtained from the Montana Department of
Transportation.
4. The west half of South 19th Avenue shall be improved to the 120’ right of way, 5 Lane Principal
Arterial standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along
the entire frontage of the subdivision including tapers back to existing asphalt on the north and
south end meeting AASHTO standards. All of the improvements to South 19th Avenue shall be
complete with Phase I of the subdivision.
5. The sidewalks adjacent to South 19th shall be 6 feet wide, and shall be installed at the time the
street improvements are done.
6. The north half of Blackwood Road along with the required utility extensions shall be improved to
the 62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman
Area Transportation Plan, 2001 Update, along the entire frontage of the subdivision. This shall
include the curb for the future median.
7. The full width of Graf Street along with the required utility extensions shall be improved to the 48
feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area
Transportation Plan, 2001 Update, from South 27th Avenue to the western boundary of the
property.
8. The full width of South 27th Avenue from Blackwood Drive to Alder Creek Drive, and the east
half from Alder Creek Drive to Graf Street, along with the required utility extensions shall be
improved to the 62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater
Meadow Creek Subdivision – Findings of Fact and Order 14
Bozeman Area Transportation Plan, 2001 Update. This shall include the curb for the future
median where only a half street is constructed.
9. The proposed variances identified in the preliminary plat submittal are not variances, but rather
deviations from the City Design Standards. Calculations must be submitted to justify the
deviations, or the intersections realigned to meet the standards.
10. 100-year flood elevations shall be computed for the watercourses that are within the subdivision
boundary. All locations where flooding limits encroach onto proposed lots shall be noted on the
final plat along with minimum floor elevation for the structures to be constructed on the effected
lots.
11. The sewer master plan for the area requires that a 10-foot main be installed through this
subdivision or the majority of it to provide service for the properties to the south. The preliminary
plat submittal states that all interior mains will be 8 inches. The mains must be adequately sized to
serve the area to the south.
12. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of South 19th
Avenue, Blackwood Drive, Graf Street, and South 27th Avenue with the exception of along Lots 11
& 12 of Block 5, and Lots 13, 14, and 15 of Block 9. These lots shall utilize a shared access as
shown on the preliminary plat submittal.
13. All weather access roads shall be installed to provide access to all sewer mains that are not located
within an existing street.
14. Pursuant to Section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the
boundary of the subdivision to provide future service to adjoining undeveloped land.
15. Section 18.44.020.2.b of the UDO requires that the subdivision be a PUD unless the rights of way
are 60 feet wide. Two 40-foot rights of way separated by 60 feet of open space is being proposed
for South 29th Avenue. Either the subdivision will need to be submitted as a PUD, or the rights of
way increased to 60 feet. Alternatively, the entire 140 feet may be dedicated. The plat and
covenants shall require that the median in this street be maintained by the homeowners
association. This shall include any maintenance or removal of the trees along the ditch.
16. That the subject property shall be formally annexed to the corporate limits of the City of Bozeman
with the appropriate municipal zoning designations adopted by the City Commission prior to the
applicant submitting for final plat approval for any phase of the major subdivision.
17. That the phasing of the major subdivision will not have sub-phasing within each phase and that
each phase shall be in the proper sequential format, regardless of the timing for each phase to be
filed at the Clerk and Recorder’s Office.
18. That the subdivision exemption for relocation of a common boundary between the adjoining
landowners (i.e., Marshall Bennett and Jane Schaaf and Don Miller) be filed at the Gallatin County
Clerk & Recorder’s Office prior to submitting for final plat review and approval.
19. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review
and approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or
Meadow Creek Subdivision – Findings of Fact and Order 15
cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
20. That the final plat contain the following language that is readily visible with lettering, at a minimum
height of 3/16-inch, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, no partial or
full basements will be permitted in areas designated as having groundwater within five (5) of
the surface during peak irrigation. The finish floor of all residential structures shall be not less
than two (2) feet above the established elevation from the top of curb of the adjoining street.
Furthermore, it is not recommended that residential dwellings or commercial structures with
full or partial basements be constructed without first consulting a professional engineer
licensed in the State of Montana and qualified in the certification of residential and commercial
construction.”
21. Dedication of the public parkland will occur with the first phase of the major subdivision.
22. That the applicant dedicates with the first phase of the major subdivision up to a 2-acre parcel of
land, reviewed and approved by the City of Bozeman Fire Department, for the purposes of a fire
department substation situated along Graf Street.
23. Public pathway easements shall be at least 25-30-feet wide, including said easement located in
Block 23 of Phase 2b, and noted accordingly on the final plat.
24. That the final design and specifications of the trail system within the major subdivision be
reviewed and approved by the Superintendent of Parks and Recreation.
25. That the applicant modify the protective covenants of the homeowner’s association as outlined in
the staff report and that the applicant submit a revised draft of the protective covenants for review
and approval by the Planning Office at least thirty (30) days prior to submitting for final plat
approval of the initial phase of the major subdivision.
26. All areas for the purposes of open space, storm water runoff facilities, and other common areas
owned and maintained by the homeowner’s association shall be identified on final plat as
“common area” and/or “common open space”, and noted accordingly in the protective covenants
of the homeowner’s association documents.
27. All parks that are dedicated parkland shall be noted on the final plat as “Public Park”.
28. That the applicant provide in the protective covenants of the homeowners association for review
and approval by the Planning Office, written language and landscape details providing the
necessary provisions for the proper landscaping of all storm water facilities and related structures,
and that all facilities will be a distance not less than 30 feet from the water courses.
29. That the applicant provide in the protective covenants of the homeowners association for review
and approval by the Planning Office, the recommended language provided by Mr. Donald Selfert
Meadow Creek Subdivision – Findings of Fact and Order 16
regarding agricultural and farming practices, damage due to livestock, pets, and trespassing on
private agricultural lands.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval. At the end of this period the City Commission may, at the request of the
subdivider, extend its approval for not more than one (1) calendar year. However, preliminary approval
may be extended for more than one (1) calendar year if the developer enters into, and secures, an
Improvements Agreement for the Subdivision.
DATED this
Meadow Creek Subdivision – Findings of Fact and Order 17
day of , 2006.
BOZEMAN CITY COMMISSION
JEFF KRAUSS, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Brit Fontenot, City Clerk Paul Luwe, City Attorney