HomeMy WebLinkAboutWestbrook Phase 1-4 Major Subdivision Findings of Fact and Order_6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Director of Community Development SUBJECT: Westbrook Phase 1-4 Major Subdivision Preliminary Plat
Findings of Fact and Order MEETING DATE: July 14, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Westbrook Phase 1-4 Major Subdivision Preliminary Plat Application.
BACKGROUND: On April 14, 2014, the City Commission held a public hearing on an
application for preliminary plat approval for the Westbrook Phase 1-4 Major Subdivision. The
Commission conditionally approved the proposed subdivision subject to conditions and code
provisions 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. To proceed with
submitting a final plat application for the initial phase(s) of the subdivision, the applicant must
have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
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. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: July 2, 2014
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 1
Return To:
City of Bozeman
Clerk’s Office
P.O. Box 1230 Bozeman, MT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
FOUR CORNERS CONSTRUCTION, LLC FOR PRELIMINARY PLAT REVIEW OF WESTBROOK PHASE 1-4 MAJOR SUBDIVISION WITH VARIANCES
FROM REQUIRED PARK FRONTAGE AND BLOCK
LENGTH, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
FINDING OF FACT
AND
ORDER
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-
3-625, Montana Codes Annotated (MCA), City of Bozeman Growth Policy, and Chapter 38,
Bozeman Unified Development Code, Bozeman Municipal Code (BMC), public hearings were
scheduled, after notice given, before the Bozeman City Planning Board on March 18, 2014, and
before the Bozeman City Commission on April 14, 2014, on the above-entitled application. The
applicant presented to the City Commission a proposed preliminary plat to subdivide 33.5685
acres to create 62 single household residential lots, one multi-household residential lot, and
associated park and open space tracts.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information, recommendation of
the Development Review Committee, and recommendation of the Bozeman City Planning Board
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 2
to determine whether the plat should be approved, conditionally approved, or disapproved.
Collectively, all application materials, Staff analysis, public comments, presentations before
advisory boards, recommendations of advisory boards and applicable regulations are the record
of the review.
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 application for the preliminary plat review of the Amended Plat of Westbrook Phase
1-4 Major Subdivision was submitted to the City of Bozeman Department of Community
Development on December 20, 2013. On December 30, 2013 the application was deemed
incomplete and additional information requested from the applicant. On February 5, 2014 the
required information was received and the application was deemed acceptable for initial review
pursuant to Chapter 38 of the Bozeman Municipal Code. The preliminary subdivision plat, as
proposed, will subdivide 33.5685 acres and create a major subdivision containing to create 62
single household residential lots and one multi-household residential lot for development, and
associated park and open space tracts with public rights-of-way. The subject property is legally
described as described as the Amended Plat of Lot 2A, Minor Subdivision 201A, located in the
S½ of Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County,
Montana. The project is generally located north of Durston Road, east of Laurel Parkway and
south of Annie Street.
II.
A notice of public hearings before the City of Bozeman Planning Board and the City of
Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, March 2
and March 9, 2014. The site was posted with a public notice on February 26, 2014. Public
notice was sent to adjacent property owners via certified mail, return receipt requested, and to all
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 3
other property owners of record within 200 feet of the subject property via first class mail, on
February 27, 2014.
III.
Pursuant to the review authority established by Sections 38.34.010 and 2.05.190, BMC,
the Recreation and Parks Advisory Board (RPAB) met on March 7, 2014 to consider the
proposed recreation and park plan. The proposed park layout required a variance from the
100% street frontage requirement of Section 38.27.060, BMC. The RPAB considered the
adjacent private open space, the additional land provided as required by Section 38.27.060,
BMC, and Staff identified mitigation. They concluded that the variance meet the required review
criteria. The RPAB suggested additional conditions to reduce the likelihood of encroachments on
the park and for improvements as mitigation for the reduced street frontage rather than
construction of a parking lot. They concurred with proposed conditions regarding timing of park
dedication and installation of improvements to avoid failure of compliance with standards due to
the phased nature of the subdivision. The RPAB found that the Westbrook subdivision would not
have adverse park implications with this request and recommended approval.
IV.
The matter of the preliminary plat application for the Westbrook Phase 1-4 Major
Subdivision was considered by the City of Bozeman Planning Board at a public hearing on
March 18, 2014. The Department of Community Development Staff reviewed the project and the
evidence which justified the imposition of conditions, recommendations of the Development
Review Committee, RPAB, and local review agencies and the design of the major subdivision,
zoning, existing infrastructure, physical features, and variance requests.
The Department of Community Development Staff reported that no public comment had
been received prior to the hearing in response to the noticing on the matter of this preliminary
plat application. The public hearing portion was then opened to hear public testimony on the
matter of the preliminary plat application. No public testimony was received. Seeing no public
testimony, the Planning Board then closed the public comment portion on the matter of the
preliminary plat application.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 4
The Planning Board then considered the minutes of the Recreation and Parks Advisory
Board, Department of Community Development Staff report, public record, the applicant’s
testimony, and weighed the proposed subdivision against the primary criteria for consideration of
subdivisions established in 76-3-608, MCA and the applicable variance criteria of Section
38.35.060, BMC. Having completed their review they found that the required review criteria
were met with the imposition of the Staff recommended conditions and identified code required
corrections. Therefore, they forwarded a recommendation of approval to the City Commission
through Planning Board Resolution P-13047.
V.
The notice for the public hearing before the City Commission originally stated the
hearing would be held on April 7, 2014. Due to an excess of matters before the City Commission
on the originally scheduled date the hearing was continued to April 14, 2014. No person objected
to the continuance. The matter of the preliminary plat application for the Westbrook Phase 1-4
Major Subdivision was considered by the City Commission at a public hearing on April 14, 2014
at which time the Department of Community Development Staff reviewed the project and
forwarded the RPAB’s and Planning Board’s recommendation of conditional approval of the
variance request.
Mike Balch, C&H Engineering and Surveying, representing Four Corners Construction,
LLC, discussed and summarized the design of the subdivision, the variance requests, culverts
and fish resting areas in Baxter Creek, and indicated the applicant’s general agreement with the
recommended conditions of approval. Charles Hinseley, representing Four Corners Construction,
LLC gave more detailed comments on concerns the owner had with proposed Condition 4.
VII.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Seeing no public testimony, the City Commission then closed the
public comment portion on the matter of the preliminary plat application.
VIII.
The City Commission then considered the minutes of the Recreation and Parks Advisory
Board, Planning Board, Department of Community Development Staff report, public record, the
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 5
applicant’s testimony, and weighed the proposed subdivision against the primary criteria for
consideration of subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
The subject property is designated as “Residential” according to the City of Bozeman
Community Plan. The subject property is zoned for residential development and has not been in
agricultural production for many years. Therefore, this subdivision will not have adverse effects
on agriculture.
2. Effects on Agricultural Water User Facilities
Any alterations to the watercourse with road and utility construction will be done so that any
potential downstream water rights are not diminished and/or impaired. By law the subdivision of
this property cannot damage downstream water users. No ditches are known to be present on the
site therefore no ditch easements are depicted on the plat. Baxter Creek, as a natural occurring watercourse, even if supplemented with water for irrigation conveyance, remains under the
jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District. Necessary
permits for stream crossings have been applied for and must be obtained before beginning any
modification to the stream.
3. Effects on Local Services
Water/Sewer – Westbrook subdivision will connect to the existing water distribution and sewage
collection systems. The subdivision will be served by existing 8” sewer mains located on Annie
Street, Laurel Parkway and Oak Street. The existing mains flow to the west and north,
respectively, to an existing lift station on Oak Street installed with Laurel Glen Phase 1
Subdivision. The lift station was sized to handle all phases of Laurel Glen Subdivision including the area now known as Westbrook Subdivision. Sewage will be conveyed to and treated at the
wastewater treatment plant located at Moss Bridge and Springhill Roads. The extension of Annie
Street on the northern border will also enable a second main connection in the water system. This
second connection is a substantial improvement in safety of supply to the existing Laurel Glen
development to the west as it reduces the possibility that the area can be cut off from service.
Streets – Access to the subdivision is provided from Durston Road (Arterial), Laurel Parkway
(Collector), both existing streets, and Annie Street, which will be extended to create a connection
between segments of roadway in Laurel Glen to the west and in Traditions to the east. Annie
Street will divide the proposed Boulder Creek subdivision to the north from the subject site and
will be constructed to the same specifications as the existing endpoints. Access to Lot 1, Block 5 will also be provided by Glenwood Drive from the east as well as from Annie Street.
Adjacent roadways included for analysis in the applicant’s traffic impact study are Cottonwood
Road and Flanders Mill Road. The traffic impact study identified that the intersection of Durston
Road and Cottonwood Road is currently operating at LOS F at PM Peak. The anticipated trip
generation impacts of this subdivision and Boulder Creek subdivision will further degrade this intersection. The developer of this subdivision and the Boulder Creek subdivision will
contribute to improvements of this intersection. The traffic impact study recommended several
options including adding a four-way stop or a four-way stop in combination with a left turn lane
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 6
for westbound traffic. Another option is installing a roundabout at this intersection. Other
roadways and intersections are expected to continue to function at acceptable levels of service
and thus no other improvements are proposed.
The required improvements to the intersection of Durston/Cottonwood are larger than can be attributed to this development. The City has obtained waivers from other developments in the
area for participation in special improvement districts which can help fund required
improvements. Condition 36 requires waivers of right to protest creation of SIDs for various
improvements at locations affected by this development. The City has also listed the intersection
as well as expansion of Cottonwood Road and Durston Road as impact fee eligible improvements.
At the time the subdivision was reviewed there was not a designed project or a specified funding
package to complete the required work. Two other subdivisions are either in review or expected
shortly which will require the same improvements to be completed in order to proceed. To
protect the public safety, necessary improvements must be installed prior to final plat. The applicant is required by Condition 4 to ensure that an adequate level of service is provided. They
will install one of the mitigation options identified in the traffic impact study.
Variances to the Unified Development Code, BMC were requested from Section 38.23.040.B
“Block Length” to exceed the maximum block length of 400 feet for Block 5, Lot 1. See the
variance review section of these findings for discussion on the variance.
As part of the street infrastructure lighting must be installed. The physical installation of the
lights is done by the developer. A special improvement lighting district is formed to provide for
the maintenance and operation of the lights over time. Conditions 29 and 30 address lighting.
Condition 29 requires the use of LED lighting fixtures. This does not modify the pole heights or
similar physical performance features. LED street light fixtures have been tested by the City and found to have better performance with lower power consumption and less frequent failures and
required maintenance than the standard lights. Therefore, as the residents of the subdivision will
be responsible for paying for the ongoing expenses of the lighting, it is appropriate for the City to
ensure that the most efficient and best performing lighting is installed to reduce ongoing costs
and ensure that the level of service is maintained.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the Engineering Department prior to
filing the final plat to facilitate emergency response to the site.
Storm water - The applicant submitted a preliminary design report for storm water management
for review by the Engineering Department. The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, is required as part of the
infrastructure plan and specification review process prior to final plat approval. The required
detention ponds are within common open space lot to be owned by the proposed homeowners
association.
Parklands – The applicant submitted a master park plan for this project. The Westbrook Master Park Plan is comprised of three major components: dedicated park areas, open space areas and a
trail network. A variance for less than the required 100% park street frontage has been
requested. The required parkland calculation is as follows:
62 single-household lots x .03 acres per lot = 1.86 acres; and
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 7
1 multi-household lot @ 5.411 acres x 8 du/acre x .03 acre per dwelling unit = 1.2987 acres, for
a total minimum required parkland acreage of 3.1587 acres. The applicant is providing an
additional 0.6726 acres for a total of 3.8313 acres. The additional acreage is required per Section
38.27.060 to off-set the reduction of vehicle parking that would have been along the frontage but which will not be provided. The less than 50% of street frontage is due to the presence of lots
along the southern side of the park and a large common open space protecting Baxter Creek
along the east and north sides.
Staff supported the variance as discussed under the variance review section of these findings.
Condition 5 requires completion of additional mitigation of the removal of parking improvements. The Recreation and Parks Advisory Board subdivision committee (RPAB)
accepted the proposed condition and recommended additional investment within the park rather
than construction of a parking lot.
The proposed park is located in the NW corner of the development and in the fourth phase. The
applicant must show compliance with the parkland dedication requirements with each phase. Therefore, Condition 6 requires that with the first final plat the entire park area shall be
established by a public park easement. Each phase will then have assurance that the final park
land required will be available and provided as needed. Improvements to park frontage and
internal configuration will proceed according to the development of the adjacent phasing.
A trail, within a public access easement, is planned for the east side of Baxter Creek, as part of Phase 2. A 30-foot wide public access easement is also planned to run north to south through the
Blocks 1-4 of the subdivision and connect to the park, which will be located at the northwest
corner of the development. As mitigation for a variance to allow greater block length for Lot 1,
Block 5, Condition 18 requires installation of an east to west trail connection. Without the
connection there is a one-quarter mile barrier created by the extended block length. The condition will also link the proposed trail to existing park facilities in adjacent subdivisions. The
condition addresses timing of installation of the required trail and the proffered trail. Condition 9
requires the installation of the north-south trail with phase 2 which is the phase which creates the
common open space tract and lot through which the trail passes.
The proposed park layout has private parcels along its southern boundary. There is a tendency for private use to encroach into the park land over time. The RPAB has requested, Staff drafted,
and the City Commission approved Condition 15 to ensure that the boundary is clearly
delineated. Condition 14 requires that a common fencing style be adopted by the developer for
areas adjacent to the public park and common spaces. This provides for more consistent ability to
install and maintain the fence and provides a more pleasant appearance to the public spaces. The condition does not mandate a particular style of fencing.
Conditions 11, 12, 13, 16, and 19 address the property owner’s association documentation. In
order to have clarity of responsibility, equity of assessed costs, adequate provision of
maintenance to public parks and private open spaces, and to avoid future conflicts the City is
requiring that the owner’s association for all phases be established with the first final plat. The association can be structured such that proportional contribution to costs is made as each phase is
constructed and receives final plat. The City has experienced several failed multi-phase
subdivisions which had inadequate owner’s association structure. To avoid the possibility of
similar associated problems the City requires a more proactive approach with this development.
4. Effects on the Natural Environment
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 8
With the exception of the Baxter Creek water course and associated wetlands, no 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. A 404 permit was issued to Laurel Glen Phases 3 & 4, which was never developed
(now Westbrook after sold to current owner) in 2008. The applicant applied for a new 310
permit, which was issued in December 2013 and was granted a modification and extension of the
404 permit also in December 2013. 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 and maintenance of common open space areas, and will be further
addressed with the protective covenants and compliance with the recommended conditions of
approval. Some large existing trees will be removed and new plantings will be placed in the
Baxter Creek watercourse. Condition 9 requires that the watercourse plantings occur not later than phase 2 which is the phase which will create the common open space parcel surrounding the
watercourse.
5. Effects on Wildlife and Wildlife Habitat
According to the Montana Department of Fish, Wildlife and Parks (FWP), there are several large
cottonwood trees on the property (located generally in the south-central area). These cottonwoods should be maintained to continue to provide perching, nesting and foraging for
raptors. No condition of approval required maintenance of the trees. Beyond these concerns,
FWP has not identified any known endangered species or critical game ranges on the site. Other
species such as white-tailed deer, pheasants, foxes and ground squirrels might be present and
displaced, but these are not population-level concerns. Two other primary concerns were addressed. The first one is related to the avoidance of impacts to fish and to surface waters via
pollution from homes, utilities and infrastructure, etc., including avoidance of disturbance of
riparian and wetland vegetation. The second is a concern regarding preventing localized stream
disturbances during construction. FWP prefers the installation of bridges in lieu of culverts for
crossings.
Two stream crossings are proposed, the installation of Annie Street and a pedestrian trail
crossing at approximately the north/south midpoint over Baxter Creek. The installation of a
bridge on a public street involves the Gallatin County Road and Bridge Department. All local
street bridges, even within the City, are under the County’s jurisdiction. The City Commission
did not require a bridge for the Annie Street crossing of Baxter Creek.
The Commission considered whether to require a bridge rather than a culvert for the trail
crossing of Baxter Creek. They determined to not require a bridge. The applicants have begun
the necessary permitting process to receive approval for installation of culverts.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 9
result, the DRC has reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act
The subject property has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, the
plat(s) 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.
C. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The following requirements are standards of the UDC and shall be addressed with the final plat
application:
A. All construction activities shall comply with section 38.39.020.A.2, BMC. 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.
B. Section 38.41.020, BMC outlines additional permits that may be required beyond what is
administered by the City of Bozeman. The Montana Department of Fish, Wildlife and
Parks, SCS, Montana Department of Environmental Quality and Army Corps of
Engineer’s shall be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification
approval.
C. All street and alley intersections should meet the spacing criteria in section 38.24.090.D,
BMC unless a deviation can be justified. The information required by 38.24.090.H,
BMC must be submitted to support any spacing deviation request.
D. Section 32.23.070, BMC specifies plans and Specifications for water and sewer main
extensions, prepared and signed by a Professional Engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by the Montana Department of Environmental Quality. The
applicant shall also provide Professional Engineering services for Construction
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 10
Inspection, Post-Construction Certification, and preparation of mylar Record Drawings.
Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a preconstruction conference has been
conducted.
No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless concurrent construction is granted.
E. Section 38.41.080.g.7, BMC requires the location of and distinction between existing
and proposed sewer and water mains and all easements shall be clearly and accurately
depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire
hydrants.
F. Section 38.41.080.2.g.9, BMC requires A Storm water Master Plan for the subdivision
for a system designed to remove solids, silt, oils, grease, and other pollutants from the
runoff from the private and public streets and all lots must be provided to and approved
by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and
locate and provide easements for adequate drainage ways within the subdivision to
transport runoff to the storm water receiving channel. The plan shall include sufficient
site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical storm water retention/detention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan.
Any storm water ponds located within park or open space shall be designed and
constructed so as to be conducive to the normal use and maintenance of the park or open
space. Storm water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process.
G. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer. The SMP requires submittals of an application form and a Storm Water
Management Plan in compliance with the City of Bozeman’s Storm Water Management
Ordinance #1763. The SMP is independent of any other storm water permitting required
from the State of Montana, and does not fulfill the requirement to obtain a Storm Water
Pollution Prevention Plan (SWPPP) if they are required for this development.
H. Section 38.27.090, BMC “Waiver of Park Maintenance District” – Prior to final plat
approval executed waivers of right to protest the creation of special improvement districts
(SIDs) for a park maintenance district will be required to be filed and of record with the
Gallatin County Clerk and Recorder, unless already filed with annexation.
D. Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 11
A subdivision pre-application was submitted on January 29, 2013. The pre-application was
reviewed by the DRC on February 20th and 27th, 2014 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application. No waivers for
supplemental information were requested as allowed under 38.41.060, BMC.
The application for the preliminary plat review of the Amended Plat of Westbrook Phase 1-4
Major Subdivision was submitted to the City of Bozeman Department of Community
Development on December 20, 2013. On December 30, 2013 the application was deemed
incomplete and additional information requested from the applicant. On February 5, 2014 the
required information was received and the application was deemed acceptable for initial review pursuant to Title 38 of the Bozeman Municipal Code (BMC). On February 26, 2014 the DRC
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision. The Recreation and Parks Advisory Board subdivision
review committee met and offered comments on the proposal on March 7, 2014.
Notice of public hearings was given by posting on-site, mailing by certified mail to adjacent property owners and by first class mail to other owners within 200 feet, and by publication in the
Bozeman Daily Chronicle. Hearings were conducted by the Bozeman City Planning Board on
March 18, 2014, and before the Bozeman City Commission on April 14, 2014, on the
application. On March 13, 2014 a subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the DRC for consideration by the Planning Board. The Planning Board considered the application on March 18, 2014. A revised staff report
incorporating the deliberations of the Planning Board was prepared and provided to the City
Commission on April 7, 2014. The City Commission made a final decision at their April 14,
2014 public hearing.
The final decision for a Major Subdivision Preliminary Plat was completed within the required time of within 60 working days of the date it was deemed complete.
E. Provision for easements for the location and installation of any planned utilities
As noted under Staff Finding C above and required by Section 38.23.060.A, BMC all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat.
F. Provisions of legal and physical access to each parcel
The proposed lots meet the minimum lot width and frontage requirements. In addition, the lots
will gain access from frontage on internal local streets. The final plat of each phase shall include
a public access easement for all trails within that phase. All streets are proposed to be dedicated to the public. A change to non-dedicated streets would be a material change to the subdivision
and require additional review before final plat approval could be granted.
G. Compliance with Chapter 38, BMC and other relevant regulations
The applicant requested variances from four sections of the UDC. Specifically, the requested
variances were from:
A) Section 38.24.090.D.3 (Access) to allow a local street intersection to be closer than normally
allowed to Durston Rd.,
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 12
1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its
perimeter fronting public streets,
2) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three
times its width, and
3) Section 38.23.040 (Block Length) to allow a block (Block 5, Lot 1) with a length greater than
400 feet.
Beyond these variance requests, based on review of the DRC, the RPAB and the Department of
Community Development, all applicable regulations appear to be met when all proposed
conditions and code requirements are met. Pertinent code provisions and site specific requirements are included in this report for Planning Board and City Commission consideration.
Analysis of the variances is prepared in
IX.
The City Commission considered the Applicants requests for variances to:
A) Section 38.24.090.D.3 (Access) to allow a local street intersection to be closer than normally
allowed to Durston Rd.,
1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its
perimeter fronting public streets,
2) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three
times its width, and
3) Section 38.23.040 (Block Length) to allow a block (Blocks 1-4, Block 5, Lot 1) with a length
greater than 400 feet.
In the course of review it was determined that the variance requested designated A was
not required and instead was a decision within the discretion of the City Engineer. The remaining
three variances were determined to be required as presented. The variances were from zoning
standards. Therefore, the criteria for granting zoning variances under Section 38.35.060 apply.
In acting on an application for a variance, the review authority shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general welfare,
and shall issue written decisions setting forth factual evidence that the variance meets the
required criteria in that each variance:
Variance Request 1) The request is to allow parkland with less than 50% of its perimeter
fronting public streets. The Westbrook Master Park Plan is comprised of three major
components: dedicated park areas, open space areas and a trail network.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 13
The applicant is providing more than the minimum acreage for dedicated park based on
the number of expected homes. The additional acreage is required per Section 38.27.060 to off-
set the reduction in available vehicle parking that would have been along the frontage. The less
than 50% street frontage is due to the presence of lots along the southern side of the park and a
large common open space protecting Baxter Creek along the east and north sides.
The proposed park is located in the northwest corner of the development. Several
conditions have been established regarding parks which are presented in Section 3 of this report.
The proposed dedicated park has a total perimeter of 1,736.13 feet. Of that perimeter 634.3 feet,
36.5%, are adjacent to a public right of way. Of that perimeter 531.6 feet, 30.6%, are adjacent to
the private common open space along Baxter Creek. The requirement for street frontage does not
apply to private common open space. The northern boundary of the park is adjacent to Annie
Street. Baxter Creek turns to the northwest which shapes the park and substantially reduces the
street frontage by approximately 360 feet. A wetlands mitigation site is located northeast of
Baxter Creek which constrains access from that direction. If the watercourse area were added to
the existing street frontage there would be 57% street frontage. The City’s regulations generally
discourage dedication of watercourses as parkland due to the difficulty of the maintenance by the
Parks Department.
Condition 5 requires completion of additional mitigation of the removal of parking
improvements. Such additional mitigation is required by Section 38.27.060, BMC. The RPAB
subdivision committee accepted the proposed condition and suggested additional investment
within the park rather than construction of a parking lot as mitigation for the reduction in street
frontage. The RPAB preferred removal of the lots from Block 4 which would create additional
street frontage.
Review criterion 1. Will not be contrary to and will serve the public interest;
The municipal code provides a variety of alternatives to address the provision of street
frontage for parks. There is a public benefit in having visual and physical access to the public
parks. The present design provides street access on three sides of the park with the least access
being on the south through a pedestrian walk of 30 feet in width. This park is paired with a
second proposed park north of Annie Street as part of the Boulder Creek Subdivision. There will
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 14
be a considerable amount of area along the watercourse which will be part of the private
common open space which will be preserved as open space.
The Subdivision and Platting Act and the corresponding local regulations provide for a
variety of ways to satisfy park land dedications. This includes provision of private parks. On
balance, the appropriate amount of land is dedicated, access is provided on three sides of the
park, and there is a mechanism to offset the loss of parking caused by having less public street
frontage. Therefore, Commission concluded this criterion is met.
Review criterion 2. Is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for greater financial
returns; and
b. Conditions unique to the property may include, but are not limited to, slope, presence
of watercourses, after the fact imposition of additional regulations on previously lawful lots, and
governmental actions outside of the owners control;
Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to
streams is a priority in the City’s regulations. The City could accept the additional area of the
watercourse which is adjacent to Annie Street as a park dedication and the regulation from which
the variance is requested would be met. There would be no additional parking created, no
additional access to the park provided, and additional public expense would result. The presence
of Baxter Creek restricts the ability to place a street on the east side of the park. Removal of the
lots from Block 4 would provide additional frontage but no additional land is required and so
more land would be given to the City than needed to meet regulations. Commission concluded
the criterion is met.
Review criteria 3. Will observe the spirit of this chapter, including the adopted growth
policy, and do substantial justice;
As described above there is a variety of options for providing parkland. The balance of
issues of access, maintenance responsibilities, possible loss of four lots (6.4% of all lots), and
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 15
protection of open space by creation of a private common open space lot collectively appears to
do substantial justice. Commission concluded the criterion is met.
The fourth criterion is specific to floodplains and is not applicable to the requested
variance. Therefore, it is not presented here.
Variance Request 2) The request for greater depth of a lot than normally allowed by
Section 38.23.030 must be considered against the language of the entire section. The section
limits the depth to width ratio to 3:1 but then provides several circumstances when this ratio does
not apply.
One of the exceptions is “when necessitated by physical features of the land.” Baxter
Creek and associated wetlands and floodplain bisect the property. Lot 1, Block 5 is isolated on
the east side of the creek and adjacent to Traditions subdivision. There is only one street access
on the east side of the lot which is Glenwood Drive. The only available street alignment which
could connect across Baxter Creek is Glenwood Drive which would cross at the very widest
portion of the wetlands. All other east to west streets are blocked by existing platted lots in the
Traditions subdivision to the east. Given the distance from Glenwood Drive to Annie Street the
depth to width ratio could not be met even if Glenwood Drive were connected. Lot 1, Block 5 is
forced into a configuration that does not conform to the standard due to the physical features of
the site.
If an additional north to south street were platted paralleling the creek on the east side of
Baxter Creek and connecting to Glenwood Drive the lot depth would be quite shallow, averaging
about 90 feet. This is a difficult configuration to develop when the required setbacks are
deducted. Even though the proposed configuration is not the only available option the proposed
option does conform to the exemptions to the required ratio allowed in 38.23.030.F. Therefore,
the Commission determined a variance was not required even though the default standard is not
met.
Variance Request 3) The request for greater length of block than normally allowed by
Section 38.23.040, BMC must be considered against the language of the entire section. That
section establishes a minimum, a preferred, and a maximum length. There is latitude under the
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 16
section to consider various factors as to whether a block may be allowed to exceed the preferred
length under certain conditions without a variance being required.
The maximum block length allowed is 1,320 linear feet. The length of Lot 1, Block 5 is
1,171 feet. Therefore it does not exceed the allowed maximum and the alternative compliance
options may be considered. Blocks are allowed to be longer “if necessary due to topography, the
presence of critical lands, access control, or adjacency to existing parks or open space.” Baxter
Creek and associated wetlands and floodplain bisect the property. The only available street
alignment which could connect across Baxter Creek is Glenwood Drive which would cross at the
very widest portion of the wetlands. All other east to west streets are blocked by existing platted
lots in the Traditions subdivision to the east.
If a block is allowed to exceed the preferred length, per paragraph D of Section
38.23.040, BMC it is necessary to provide pedestrian connectivity. The required construction of
such pedestrian walks is required by ordinance to be a standard city concrete sidewalk.
Conditions 17 and 18 provide recommended mitigation to the variance request. Condition 17
ensures connectivity by vehicles to Glenwood Drive and Condition 18 provides for a pedestrian
connection east to west from Glenwood Drive west of Baxter Creek to an existing park segment
on the eastern border of the Westbrook Subdivision. The proposed character of this connection is
as a trail since it is crossing sensitive environmental features. Such crossings in watercourse
areas are authorized by Section 38.23.100, BMC.
The proposed pedestrian connection is by trail rather than by sidewalk. Therefore, the
variance is appropriate as the procedural tool to allow a longer than preferred block length for
Lot 1, Block 5 without provision of a concrete pedestrian connection. For Blocks 1-4 the
proposed pedestrian walk is provided within an appropriately sized space and will be constructed
of concrete as required by code. The block length is constrained by the City’s access control
regulations to arterial streets. Two north to south pedestrian connections are provided within this
distance, the pedestrian walks through Blocks 1-4 and the north-south trail within the
watercourse. It was determined that a variance from the block length standard was not required
for Blocks 1-4. A variance was required for Lot 1, Block 5 and analysis of the criteria follows.
The city shall not approve variances unless it makes findings based upon the evidence
presented in each specific case that:
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 17
Review criteria 1. Will not be contrary to and will serve the public interest;
The alternative east-west pedestrian connection still complies with the basic requirement
for pedestrian connection. Pedestrians are especially sensitive to distance of travel. Having no
connection places a significant physical barrier between two residential areas. That is contrary to
the City’s intent and specific standards. Connection is provided in a manner, by trail, which
reduces potential injury to the watercourse area and consistently with the standards for
development of pedestrian facilities in a watercourse. This advances the public interest by
balancing competing public benefits and complying to the greatest possible degree with both
standards. Conditions 17 and 18 ensure that appropriate mitigation for the variance is provided
and pedestrian connectivity is installed.
Review criteria 2. Is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for greater financial
returns; and
b. Conditions unique to the property may include, but are not limited to, slope, presence
of watercourses, after the fact imposition of additional regulations on previously lawful lots, and
governmental actions outside of the owners control;
Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to
streams is a priority in the City’s regulations. If the City insisted on the construction of
Glenwood Drive substantial damage to wetlands and impact on floodplain would occur.
Although financial burden is not an indicator of unnecessary hardship there would be
considerable additional expense to construct a facility which would provide little public benefit
compared with the financial and environmental impacts.
Review criteria 3. Will observe the spirit of this chapter, including the adopted growth
policy, and do substantial justice;
As described above, the use of pedestrian facilities to comply with the block length
standard is allowed. The only reason for the variance rather than a determination of alternative
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 18
compliance is the material used to construct the pedestrian facility. It appears that providing a
small degree of flexibility in construction materials to better fit the physical environment will
observe the spirit of the chapter including protection of watercourses and wetlands while
providing pedestrian connectivity. Provision of good connectivity is encouraged by the growth
policy in chapter 11 and protection of environmental features is encouraged by the growth policy
in chapter 9. Collectively it appears to do substantial justice.
The fourth criterion is specific to floodplains and is not applicable to any of the requested
items. Therefore, it is not presented here.
In conclusion the Commission found that requested variance will not be contrary to and
will serve the public interest, is necessary, owing to conditions unique to the property, to avoid
an unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter, will observe the spirit of this chapter, including the adopted growth
policy, and do substantial justice, and the requested variance is not relating to the flood hazard
provisions of article 31 of this chapter and approved the variance request subject to conditions.
X.
After considering all matters of record, the City Commission found that preliminary plat
for Amended Plat of Westbrook Phase 1-4 Major Subdivision would comply with the primary
review criteria, City of Bozeman Growth Policy, requirements of the Bozeman Unified
Development Code and the Montana Subdivision and Platting Act if certain conditions were
imposed. The evidence, as stated or referenced in this Findings of Fact, justifies the imposition
of the conditions ordered herein to ensure that the final plat complies with all applicable
regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0 (unanimously), that the
Preliminary Subdivision Plat of the Amended Plat of Westbrook Phase 1-4 Subdivision be
approved, subject to the following conditions:
1. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 19
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required certificates.
The final plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the BMC or State law.
2. All common open spaces shall be clearly designated on the plat with sequential
incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces.
3. The final plat shall include a transfer of private improvements certificate to read
substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC
IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcels designated
with letters A, B, C, D, E, F, G and H. Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the
same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman
Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith,
have been installed in conformance with any approved plans and specifications
prepared in accordance with the standards of Chapter 38 or other City design
standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number ______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
4. The traffic impact study submitted with this major subdivision application demonstrates that
the intersection of Durston Rd. and Cottonwood Rd. is currently operating at LOS F at PM
Peak and therefore does not operate at an acceptable level of service. Section 38.24.060.B.4, BMC outlines the requirements for operating levels of service for arterial and collector
intersections. No development may occur until Section 38.24.060.B.4 is adequately
addressed. The Westbrook Subdivision will proportionately contribute to the local share of
the costs to correct the deficiency in service.
5. Section 38.27.020, BMC “Park Area and Open Space Requirements” - Based on the proposed 63 residential lots being created for the purposes of 62 single household detached
dwellings and 1 multi-household lot, the following is required:
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 20
a. 62 single household lots: .03 acres per dwelling of dedicated parkland or 1.86
acres of parkland;
b. One multi-household lot: 5.4111 acres x 8 dwelling unit per acre x .03 acre or
1.2987 acres of parkland, for a total of 3.1587 acres of parkland.
c. Per Section 38.27.060 the required additional land has been proposed as needed to
offset the lack of frontage on the park. However a parking area must be
constructed or alternative improvements to an equal value shall be installed. The
final park master plan shall describe in detail the means by which these additional
improvements shall be provided.
Any proposed public parklands for the residential development may not be located in the
water course setback or associated wetlands.
6. The public park area for all phases shall be provided as a public park easement with the final
plat of the first phase of the Westbrook Subdivision. The easement boundaries and area shall
correspond with the approved park layout and park master plan.
7. The sewer line depicted as crossing the proposed park shall be rerouted to not impact the
park. It is the preference of the City to locate all water/sewer mains within the alignment of
public streets and alleys. The proposed 8” sanitary sewer main running north through the
public park should be relocated to be aligned within Laurel Parkway. The City Engineer may
approve an alternate route if the applicant can demonstrate no other viable alternative route exists.
8. The pedestrian walk depicted on Blocks 1 -4 shall be constructed to City standards of
Section 38.23.040 and located in a 30-foot wide public access easement as proffered on the
preliminary plat in the common open spaces. The maintenance of the walk shall be an
obligation of the property owners association. Design and final location shall be included in the plans and specifications for the public infrastructure.
9. The proposed watercourse planting and north-south trail shall be installed not later than the
submittal to the City of the review documents for the final plat of phase 2 of the Westbrook
Subdivision. Prior to proceeding with construction of the public trail the applicant shall have
a pre-construction meeting with the Department of Recreation and Parks.
10. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter development
streets and adjacent to public parks or other open space areas in each phase is required prior
to the final plat application of that phase in accordance with the requirements of Section
38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing pedestrian walks in Blocks 1-4.
11. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Westbrook Property
Owner’s Association and binding property owners to contribute to the maintenance and
upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Westbrook Property Owner’s Association. The provisions in the property
owner’s association documents fulfilling this condition shall be considered required by the
City Commission pursuant to Section 38.38.030.A.5, BMC.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 21
12. The property owner’s association documents for this subdivision shall be drafted such that
the entirety of the property being subdivided in all phases is subject to the obligations of
park and open space maintenance with the recording of the final plat of the first phase.
13. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA
or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA,
etc. unless the applicant intends to dedicate them as public parkland within the subdivision.
14. Fences located in the front, side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum height of four (4) feet, and shall be of an open
construction designed in a manner to be consistent along all park land and open space areas.
Proposed fencing shall conform to Section 38.23.130 “Fences, Walls and Hedges.” This
requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s association documents. The documents shall include a single fence style
acceptable to the City for locations fronting any public park.
15. A clear physical delineation shall be provided along the property line between the proposed
park and the adjacent private lots. Fencing or vegetation may be used with any items located
within the proposed park to be included in the final park master plan.
16. The definition for “parks” in the property owner’s association (POA) documents shall not
include reference to any lands being conveyed to the City of Bozeman or reference to
“Public Park”, unless it is public parkland being dedicated with this major subdivision.
17. As mitigation for the requested variance to block length, Glenwood Lane shall be extended
into Lot 1, Block 5 by either easement or dedication for a distance of not less than 75 feet.
18. As mitigation for the requested variance to block length, the existing pedestrian connection
presently terminated at the east property line of Lot 2A and located in Park 8 between lots 4
and 5, Block 8, Traditions subdivision shall be extended to connect to the proposed trail
located in the open space and shall be connected to Glenwood Lane west of Baxter Creek. A
public access easement for the pedestrian connection shall be provided in accordance with Section 38.27.110, BMC. Prior to proceeding with construction of the public trail the
applicant shall have a pre-construction meeting with the Department of Recreation and
Parks.
a. Construction of the trail connection between Glenwood Lane west of Baxter
Creek and the north-south trail shall be completed no later than submittal to the City of the review documents for final plat of Phase 2 of the Westbrook
Subdivision.
b. Connection between the north-south trail and Park 8 shall be by public access
easement and a constructed surface to be determined at the time of development
of the proposed Lot 1, Block 5, Westbrook Subdivision. The connection shall connect the proposed north-south public access trail to Rosa Way. A notice of this
obligation shall be recorded with the filing of the final plat for Lot 1, Block 5,
Westbrook Subdivision.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 22
19. The documents required by Section 38.38.030 “Covenants” - Covenants, restrictions, and
articles of incorporation for the creation of a property owners’ association shall be submitted
with the final plat application for review and approval by the Planning Office and shall
contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and
minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance
and upkeep of all common areas, public and private parks, trails, storm water runoff
facilities, 5) guidelines that outline architectural and landscape requirements if any for each
individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance of all
parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with
established floor elevations and “no basement restriction”, 9) noxious weed control, 10) parking within residential structures, and 11) assessment of existing and future Special
Improvement Districts.
20. Section 38.23.070 specifies that the Developer's engineer will be required to prepare a
comprehensive design report evaluating existing capacity of water and sewer utilities which
must be provided to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report
findings must demonstrate adequate capacity to serve the full development. The report must
also identify the proposed phasing of water and sewer construction. If adequate water and/or
sewer capacity is not available for full development, the report must identify necessary water
system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development.
All water mains over 500 feet in length must be looped.
21. The proposed development had previously addressed sewer capacity with dependence on the
area lift station. Design calculations shall be provided to verify the new density of the
subdivision does not exceed what was previously accounted for.
22. The property owners dependent on the sewage lift station shall be responsible for financing
the costs of its operation and maintenance. Maintenance shall be provided by the City.
23. Upon availability of service, any existing residence/business on the property must be
connected to City water and sewer utilities. The existing on-site treatment systems must be
properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping.
24. Section 38.23.060.c specifies any easements needed for the water and sewer main extensions
shall be a minimum of 30 feet in width. While the final location of the water and sewer mains
will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided
prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer
mains are not located under or accessed from improved streets, a 12 foot wide all weather
access drive shall be constructed above the utilities to provide necessary access.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 23
25. Street names must be approved by the City Engineer and Gallatin County road office prior to
final plat approval.
26. Proposed typical section for streets for this development shall be provided prior to review of
plans and specifications and final plat approval.
27. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Durston Road.
28. The sidewalk along Durston Road frontage shall be installed with the first phase and may
not be financially guaranteed. The sidewalks on Durston must be 6’ wide and 6” thick.
29. All public street lights shall use LED light emitters.
30. A complete application for the required special improvement lighting district shall be
submitted to the City of Bozeman Finance Department at least 60 working days prior to the
submittal of the final plat for review.
31. Secondary accesses will be required with each individual phase of this development as the
project proceeds from one phase to the next.
32. Road geometry should meet the criteria in the City of Bozeman design standards unless a
deviation can be justified. Some of the intersections do not meet the standards as currently
shown.
33. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
34. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
35. 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 38.39.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
36. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property).
d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
e. Signalization of the intersection of Laurel Parkway and Durston Road.
f. Signalization of the intersection of Cottonwood Road and Durston Road.
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 24
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.
37. That the final plat contain the following language that is readily visible with lettering, at a
minimum size of 12 point type, 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
Community Development:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or other 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. 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.”
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, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission.
DATED this ________day of , 2014.
BOZEMAN CITY COMMISSION
_________________________________
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Westbrook Phase 1-4 Major Subdivision – Findings of Fact and Order 25
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
69